DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in response to amendment filed 22 June 2026. Claims 1, 13 and 14 have been amended. Claims 5, and 7 have been cancelled. Claim 18 has been added. Claims 1-4, 6-13 and 15-18 are currently pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Step 1: The claims 1-4, 6-13, and 15-18 are a system claim 13 is a method and claim 14 is a medium . Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-4, 6-13 and 15-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A-Prong 1: the claims recite acquire delivery address and delivery route where a package of a customer is to be delivered and extract delivery condition which increase a delivery density representing a delivery efficiency of packages including the package of the customer based on a default delivery route already determined for package other than the package of the customer and delivery address and in a case of deteriming, based on the delivery address of the customer, that is not possible to deliver both the package of the customer and a package for which an order has already been accepted within a time designated for a delivery date and a delivery time, display a message representing that the time cannot be designated for the order on the delivery date and the delivery time. These limitation as drafted, is process, under broadest reasonable interpretation, the claims cover comparing delivery routes, identifying a conflict and notifying the customer. These limitations fall within “Certain Methods Of Organizing Human Activity” for commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors business relations). Further, the steps of acquiring address/time info, comparing to a default route, extracting candidates, and generating a screen can be performed in the human mind or by pencil and paper, falls into a mental process.
For example, but for the “memory and processor” language, the claims encompasses the user is comparing the acquired delivery address the default delivery route for delivering package within a short time. Thus, this limitation is also a mental process. Simply put these limitation merely describe delivering package-based delivery destination or scheduled time, which is clearly a business arrangement in its purest form. Claims 2-4, 12 and 15-16 merely provide additional abstract concepts and narrow the abstract idea of claims 1, 13 and 14. Further, claims 1-4, 6-13 and 15-18 are recited at such a high level that the claimed steps amount to no more than a mental processes, such as concepts performed in the human mind(including an observation, evaluation, judgment, opinion) because a human can select content that meets a specified criteria, acknowledge an agreement to promote content and authorize compensation.
Step 2A-Prong 2: The claims recite additional elements of memory for storing instructions and processor for performing both the acquiring and extracting steps. The memory is recited at a high level of generality i.e., as a generic memory for storing information. The processor in both steps is recited at a high level of generality, i.e.. as a generic processor performing a generic computer function of processing data (acquire delivery address and extract delivery condition based on default delivery route). This generic process limitation is no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to the abstract idea.
Step 2B: As discussed with respect to Step 2A Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claim is ineligible.
Further, the courts have consistently recognized that merely presenting the results of abstract processes of collecting and analyzing information, without more (such as identifying a particular tool for presentation), is abstract as an ancillary part of such collection and analysis. See, e.g., Content Extraction, 776 F.3d at 1347; Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 715 (Fed. Cir. 2014). Examiner asserts that “delivering package based on selected the delivery date and time ” is not particular tool, thus it offers no more than delivering packaged that resulted from the selected date and time.
Dependent claims 2-4, 7, 8-12, and 15-18 these claims recite limitation that futher defines the same abstract idea noted in claims 1, 13 and 14. These claims do not contain any futher additional elements per step 2A prong 2. Therefore, they are considered patent ineligible for the reason given above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6-13 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over IGUCHI (US Pub., 2022/0252418 A1) in view of LOPPATTO et al. (US Pub., 2015/0363843 A1)
With respect to claim 1, IGUCHI teaches an information processing device comprising:
a memory storing instructions(Figs. 2, 22, 4, 32 discloses memory and paragraph [0051], discloses memory 22, stores computer programs) ; and
one or more processors configured to execute the instructions(Figs. 2, 21, 4, 31 discloses processing circuit, and paragraph [0050], discloses processing circuit..) to:
acquire a delivery address where a package of a customer is to be delivered(Fig. 6, S101 discloses acquire delivery information and paragraph [0088], discloses acquired delivery information) ; and
acquire desired delivery conditions indicating a receivable date and a receivable time of the customer (Figs. 23 & 30, s501 discloses acquire delivery information related to plurality of vehicles in plurality of delivery area, Fig. 26, 301 delivery information acquisition unit, and paragraph [0060], discloses database storing the delivery information is assumed to be stored .., delivery information is information set for each driver or each vehicle, and information indication a delivery address and a delivery time related to each a plurlity of cargo.., delivery time is a n example of an arrival time to the destination [receivable data and receivable time of the customer]) ; and
extract candidates of the delivery date and the delivery time, as delivery conditions which increase a delivery density representing a delivery efficiency of packages including the package of the customer based on the delivery address and the default delivery route(paragraph [0060], discloses database storing the delivery information is assumed to be stored .., delivery information is information set for each driver or each vehicle, and information indication a delivery address and a delivery time related to each a plurlity of cargo.., delivery time is a n example of an arrival time to the destination [delivery date and delivery time ], paragraph [0087], discloses extracting a pair of the delivery information and the route information of the sued delivery route, and paragraph [0091], discloses extract the delivery information from the delivery result data ).
IGUCHI teaches the above elements including wherein the one or more processors are configured to execute the instructions to calculate the delivery density(paragraph [0120], discloses calculation unit calculates an estimated arrival tiem for each delivery address, a time between contains delivery address, a total delivery time, a distance between continuous delivery address, a total delivery distance , a congestion stat of the rout and the like for each of the delivery route based the delivery information and the delivery result data ), teaches acquire, from a database storing a default delivery route corresponding to respective delivery(Fig. 7, S201, discloses acquire respective delivery routes, paragraph [0054], discloses acquires route information, paragraphs [0067], [0071], discloses the delivery information acquisition unit acquires the delivery information form the database and paragraph [0075], discloses the reception unit acquires ) delivery information, delivery result data, delivery route calculation system and route display terminal (Fig. 1) , estimate assumed route based on deliver information and accumulated data (Fig. 7) and a delivery time related to each of a plurlity cargos, The delivery information .., delivery address is an example of a , the delivery time .., arrival time to the destination (paragraph [0060]) and for each time delivery, for each delivery data and the like (paragraph [0107]). IGUCHI failed to teach acquire delivery route corresponding to respective delivery dates and delivery times in a period indicted by the desired delivery conditions, the default delivery route that has been already determined for packages based on the delivery addresses of other customer for whom orders have already been accepted, excluding the first customer’s packages; create a delivery date and time selection screen in which the candidates of the delivery date and time in the period indicted by the receivable date and time are respectively associated with delivery charges; and determine whether or not package information concerning the package of the customer is acquired, and send the delivery date and time selection screen in a case where the package information has been acquired; and create the delivery date and time selection screen during the period from acquiring of the desired delivery conditions to acquiring of the package information while the customer selects items, to enable complex and high-precision calculations related to the delivery density.
However, LOPPATTO teaches dates and delivery times in a period indicted by the desired delivery conditions, the default delivery route that has been already determined for packages based on the delivery addresses of other customer for whom orders have already been accepted, excluding the first customer’s packages(Fig. 17, discloses approximate delivery time :101Am-2PM [desired delivery condition the default delivery route], confirmed delivery window 12:pm-2PM, mm/dd/yyyy, paragraph [0105], discloses delivery data and time , to reflect the item’s movement an item/shipment identifier assocted with the item, paragraph [0118], discloses determine/identify expected, estimated, confirmed, and/or guaranteed pick-up and/or delivery times and paragraph [0121], discloses delivery date and times correspondingly for delivery at during a selected window );
create, using a constraint guaranteeing the delivery of packages for which orders have already been accepted in the default delivery route a delivery date and time selection screen in which the candidates of the delivery date and time in the period indicted by the receivable date and time are respectively associated with delivery charges(Fig. 17, discloses approximate delivery time :10Am-2PM [desired delivery default time and date ], confirmed delivery window 12:pm-2PM, mm/dd/yyyy [constraint guaranteeing], paragraph [0111], discloses delivery window, a non-confirmed, a confirmed delivery window a commit time.., signature request for delivery server and paragraph [0118], discloses pick-up and delivery times and times windows encompass particular days and/or dates as well) ; and
determine whether or not package information concerning the package of the customer is acquired, and send the delivery date and time selection screen in a case where the package information has been acquired(Fig. 24, 2430, discloses determine/identify or identify multiple expected, estimated confirmed and/or guaranteed pickup or delivery times (including pickup or delivery widows and paragraph [0096], discloses determine/identify whether the primary address[ default delivery] (and/or other addresses such as, for example, .., specified country or postal code is eligible for a customer pick-up.. and paragraph [0118], discloses determine/identify expected, estimated, confirmed, and/or guaranteed pick-up and/or delivery times); and
create the delivery date and time selection screen during the period from acquiring of the desired delivery conditions to acquiring of the package information(paragraph [0118], discloses guaranteed time windows may indict an expected estimated, confirmed and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times ..) while the customer selects items, to enable complex and high-precision calculations related to the delivery density(Fig. 13, discloses select a 2-hours delivery window, Fig. 16, select your confirmed delivery window, Fig. 17, dislcies the confirmed delivery window you select will be applied to all of the pages automatically, and Fig. 24, 2435, discloses allow for customer to select a specific delivery time or delivery time window ) . Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with a window that indicted an expected, estimated, confirmed, and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times of LOPPATTO in order to increase and/or decrease density to provide a delivery cost and/or the amount of the cost to the retailer system/third party system (see paragraph [0133]).
With respect to claim 2, IGUCHI in view of LOPPATTO teaches elements of claim 1, except wherein the one or more processors are further configured to determine incentive information concerning an incentive for the customer based on the delivery conditions.
However, LOPPATTO teaches wherein the one or more processors are further comprising an incentive determination means configured to determine incentive information concerning an incentive for the customer based on the delivery conditions(paragraph [0143], discloses identifying a cert address profile associated with the destination address, applying business rules to the certain address profiled to determine if the prospective shipment qualifies for an incentive and paragraph [0157], discloses determining those costs and incentive that may be available ). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with offering incentive of LOPPATTO in order to increase number of order to provide a discount based on the identified cost (see LOPPATTO, paragraph [0042]).
With respect to claim 3, IGUCHI in view of LOPPATTO teaches elements of claim 2, except wherein the one or more processors are futher configured to extract candidates of the delivery date and delivery time so that the delivery density increases, from all dates and times available for the customer.
However, LOPPATTO teaches wherein delivery candidates each include a delivery date and a delivery time; and the one or more processors are futher configured to extract candidates of the delivery date and delivery time so that the delivery density increases, from all dates and times available for the customer (paragraph [0149], discloses extracting and/or accessing from the historical database, dates, times and/or time windows..,). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with extracting dates, times and/or time windows of LOPPATTO in order to increased delivery density or influence delivery parameter (see LOPPATTO, paragraph [0034]).
With respect to claim 4, IGUCHI in view of LOPPATTO teaches elements of claim 3, except wherein the incentive information includes a discount rate on a delivery charge; and the incentive determination means determines one or more processors are further configured to determine to increase the discount rate of the delivery charge with respect to the delivery date and the delivery time in which the delivery density increases.
However, LOPPATTO teaches wherein the incentive information includes a discount rate on a delivery charge; and the incentive determination means determines one or more processors are futher configured to determine to increase the discount rate of the delivery charge with respect to the delivery date and the delivery time in which the delivery density increases(paragraphs [0034], discloses delivery density or influence delivery parameter and paragraph [0157], discloses determining those costs and incentive that may be available ). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with extracting dates, times and/or time windows of LOPPATTO in order to increased delivery density or influence delivery parameter (see LOPPATTO, paragraph [0034]).
With respect to claim 6, IGUCHI in view of LOPPATTO teaches elements of claim 5, except wherein the one or more processors are further configured to determine incentive information concerning incentive for the customer based on the desired delivery conditions and the delivery conditions.
However, LOPPATTO teaches wherein the one or more processors are further configured to determine incentive information concerning incentive for the customer based on the desired delivery conditions and the delivery conditions (paragraph [0157], discloses determining those costs and incentive that may be available). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with extracting dates, times and/or time windows of LOPPATTO in order to increased delivery density or influence delivery parameter (see LOPPATTO, paragraph [0034]).
With respect to claim 8, IGUCHI in view of LOPPATTO teaches elements of claim 7, except wherein the incentive information includes a discount rate on a delivery charge, and the one or more processors determine to increase the discount rate of the delivery charge with respect to the delivery date and the delivery time in which the delivery density increases.
However, LOPPATTO teaches wherein the incentive information includes a discount rate on a delivery charge, and the one or more processors determine to increase the discount rate of the delivery charge with respect to the delivery date and the delivery time in which the delivery density increases (paragraphs [0034], discloses delivery density or influence delivery parameter and paragraph [0157], discloses determining those costs and incentive that may be available ). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with extracting dates, times and/or time windows of LOPPATTO in order to increased delivery density or influence delivery parameter (see LOPPATTO, paragraph [0034]).
With respect to claim 9, IGUCHI in view of LOPPATTO teaches elements of claim 8, except wherein the one or more processors are further configured to output a delivery date and time selection screen including the delivery date and the delivery time in and the delivery charge calculated based on incentive information.
However, LOPPATTO teaches wherein the one or more processors are further configured to output a delivery date and time selection screen including the delivery date and the delivery time in and the delivery charge calculated based on incentive information(paragraph [0118], discloses guaranteed time windows my indict an expected estimated, confirmed and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with a window that indicted an expected, estimated, confirmed, and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times of LOPPATTO in order to increase and/or decrease density to provide a delivery cost and/or the amount of the cost to the retailer system/third party system (see paragraph [0133]).
With respect to claim 10, IGUCHI in view of LOPPATTO teaches elements of claim 9, furthermore, IGUCHI teaches the information processing device , wherein the one or more processors are further comprising a package information acquisition means configured to acquire package information concerning the package after acquiring the desired delivery condition, wherein the delivery condition (Figs. 23 & 30, s501 discloses acquire delivery information related to plurality of vehicles in plurality of delivery area, Fig. 26, 301 delivery information acquisition unit, and paragraph [0060], discloses database storing the delivery information is assumed to be stored .., delivery information is information set for each driver or each vehicle, and information indication a delivery address and a delivery time related to each a plurlity of cargo.., delivery time is a n example of an arrival time to the destination [receivable data and receivable time of the customer]). IGUCHI failed to teach one or more processors extract the delivery conditions after acquiring the desired delivery conditions, and the output means outputs one or more processors output the delivery date and time selection screen after acquiring the package information.
However, LOPPATTO teaches one or more processors extract the delivery conditions after acquiring the desired delivery conditions, and the output means outputs one or more processors output the delivery date and time selection screen after acquiring the package information(paragraph [0118], discloses guaranteed time windows my indict an expected estimated, confirmed and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with a window that indicted an expected, estimated, confirmed, and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times of LOPPATTO in order to increase and/or decrease density to provide a delivery cost and/or the amount of the cost to the retailer system/third party system (see paragraph [0133]).
With respect to claim 11, IGUCHI in view of LOPPATTO teaches elements of claim 5, except wherein the desired delivery conditions include receivable date and a reactivable time and the delivery conditions include the delivery date and time, and the information processing device one or more processors are further comprises the delivery date and the delivery time determination means configured to determine the delivery date and delivery time having the highest delivery density during a receivable date and time of the customer included in the desired delivery condition, as the delivery data and the delivery time confirmed to deliver the package to the delivery address, and output the delivery date and the delivery time confirmed.
However, LOPPATTO teaches wherein the desired delivery conditions include receivable date and a reactivable time and the delivery conditions include the delivery date and time, and the information processing device one or more processors are further comprises the delivery date and the delivery time determination means configured to determine the delivery date and delivery time having the highest delivery density during a receivable date and time of the customer included in the desired delivery condition, as the delivery data and the delivery time confirmed to deliver the package to the delivery address, and output the delivery date and the delivery time confirmed (paragraph [0118], discloses guaranteed time windows my indict an expected estimated, confirmed and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with a window that indicted an expected, estimated, confirmed, and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times of LOPPATTO in order to increase and/or decrease density to provide a delivery cost and/or the amount of the cost to the retailer system/third party system (see paragraph [0133]).
With respect to claim 12, IGUCHI in view of LOPPATTO teaches elements of claim 11, except wherein the one or more processors are further comprising an incentive determination means configured to determine incentive information so as to increase an incentive for the customer more as a period indicated by the receivable date and the receivable time is longer.
However, LOPPATTO teaches wherein the one or more processors are further comprising an incentive determination means configured to determine incentive information so as to increase an incentive for the customer more as a period indicated by the receivable date and receivable time is longer (paragraph [0118], discloses guaranteed time windows my indict an expected estimated, confirmed and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with a window that indicted an expected, estimated, confirmed, and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times of LOPPATTO in order to increase and/or decrease density to provide a delivery cost and/or the amount of the cost to the retailer system/third party system (see paragraph [0133]).
With respect to claim 13, IGUCHI teaches an information processing method comprising:
acquiring a delivery address where a package of a customer is to be delivered(Fig. 6, S101 discloses acquire delivery information and paragraph [0088], discloses acquired delivery information) ; and
acquiring desired delivery conditions indicating a receivable date and a receivable time of the customer (Figs. 23 & 30, s501 discloses acquire delivery information related to plurality of vehicles in plurality of delivery area, Fig. 26, 301 delivery information acquisition unit, and paragraph [0060], discloses database storing the delivery information is assumed to be stored .., delivery information is information set for each driver or each vehicle, and information indication a delivery address and a delivery time related to each a plurlity of cargo.., delivery time is a n example of an arrival time to the destination [receivable data and receivable time of the customer]) ; and
extracting candidates of the delivery date and the delivery time, as delivery conditions which increase a delivery density representing a delivery efficiency of packages including the package of the customer based on the delivery address and the default delivery route(paragraph [0060], discloses database storing the delivery information is assumed to be stored .., delivery information is information set for each driver or each vehicle, and information indication a delivery address and a delivery time related to each a plurlity of cargo.., delivery time is a n example of an arrival time to the destination [delivery date and delivery time ], paragraph [0087], discloses extracting a pair of the delivery information and the route information of the sued delivery route, and paragraph [0091], discloses extract the delivery information from the delivery result data ).
IGUCHI teaches the above elements including wherein the one or more processors are configured to execute the instructions to calculate the delivery density(paragraph [0120], discloses calculation unit calculates an estimated arrival tiem for each delivery address, a time between contains delivery address, a total delivery time, a distance between continuous delivery address, a total delivery distance , a congestion stat of the rout and the like for each of the delivery route based the delivery information and the delivery result data ), teaches acquire, from a database storing a default delivery route corresponding to respective delivery(Fig. 7, S201, discloses acquire respective delivery routes, paragraph [0054], discloses acquires route information, paragraphs [0067], [0071], discloses the delivery information acquisition unit acquires the delivery information form the database and paragraph [0075], discloses the reception unit acquires ) calculating the delivery density(paragraph [0120], discloses calculation unit calculates an estimated arrival tiem for each delivery address, a time between contains delivery address, a total delivery time, a distance between continuous delivery address, a total delivery distance , a congestion stat of the rout and the like for each of the delivery route based the delivery information and the delivery result data )delivery information, delivery result data, delivery route calculation system and route display terminal (Fig. 1) , estimate assumed route based on deliver information and accumulated data (Fig. 7) and a delivery time related to each of a plurlity cargos, The delivery information .., delivery address is an example of a , the delivery time .., arrival time to the destination (paragraph [0060]) and for each time delivery, for each delivery data and the like (paragraph [0107]). IGUCHI failed to teach acquire delivery route corresponding to respective delivery dates and delivery times in a period indicted by the desired delivery conditions, the default delivery route that has been already determined for packages based on the delivery addresses of other customer for whom orders have already been accepted, excluding the first customer’s packages; create a delivery date and time selection screen in which the candidates of the delivery date and time in the period indicted by the receivable date and time are respectively associated with delivery charges; and determine whether or not package information concerning the package of the customer is acquired, and send the delivery date and time selection screen in a case where the package information has been acquired; and create the delivery date and time selection screen during the period from acquiring of the desired delivery conditions to acquiring of the package information while the customer selects items, to enable complex and high-precision calculations related to the delivery density.
However, LOPPATTO teaches dates and delivery times in a period indicted by the desired delivery conditions, the default delivery route that has been already determined for packages based on the delivery addresses of other customer for whom orders have already been accepted, excluding the first customer’s packages(Fig. 17, discloses approximate delivery time :101Am-2PM [desired delivery condition the default delivery route], confirmed delivery window 12:pm-2PM, mm/dd/yyyy, paragraph [0105], discloses delivery data and time , to reflect the item’s movement an item/shipment identifier assocted with the item, paragraph [0118], discloses determine/identify expected, estimated, confirmed, and/or guaranteed pick-up and/or delivery times and paragraph [0121], discloses delivery date and times correspondingly for delivery at during a selected window );
create, using a constraint guaranteeing the delivery of packages for which orders have already been accepted in the default delivery route a delivery date and time selection screen in which the candidates of the delivery date and time in the period indicted by the receivable date and time are respectively associated with delivery charges(Fig. 17, discloses approximate delivery time :10Am-2PM [desired delivery default time and date ], confirmed delivery window 12:pm-2PM, mm/dd/yyyy [constraint guaranteeing], paragraph [0111], discloses delivery window, a non-confirmed, a confirmed delivery window a commit time.., signature request for delivery server and paragraph [0118], discloses pick-up and delivery times and times windows encompass particular days and/or dates as well) ; and
determine whether or not package information concerning the package of the customer is acquired, and send the delivery date and time selection screen in a case where the package information has been acquired(Fig. 24, 2430, discloses determine/identify or identify multiple expected, estimated confirmed and/or guaranteed pickup or delivery times (including pickup or delivery widows and paragraph [0096], discloses determine/identify whether the primary address[ default delivery] (and/or other addresses such as, for example, .., specified country or postal code is eligible for a customer pick-up.. and paragraph [0118], discloses determine/identify expected, estimated, confirmed, and/or guaranteed pick-up and/or delivery times); and
create the delivery date and time selection screen during the period from acquiring of the desired delivery conditions to acquiring of the package information(paragraph [0118], discloses guaranteed time windows may indict an expected estimated, confirmed and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times ..) while the customer selects items, to enable complex and high-precision calculations related to the delivery density(Fig. 13, discloses select a 2-hours delivery window, Fig. 16, select your confirmed delivery window, Fig. 17, dislcies the confirmed delivery window you select will be applied to all of the pages automatically, and Fig. 24, 2435, discloses allow for customer to select a specific delivery time or delivery time window ) . Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with a window that indicted an expected, estimated, confirmed, and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times of LOPPATTO in order to increase and/or decrease density to provide a delivery cost and/or the amount of the cost to the retailer system/third party system (see paragraph [0133]).
With respect to claim 14, IGUCHI teaches a non-transitory computer readable recording medium storing a program, the program causing a computer to perform a processing Figs. 2, 21, 4, 31 discloses processing circuit, and paragraph [0050], discloses processing circuit..) comprising:
acquiring a delivery address where a package of a customer is to be delivered(Fig. 6, S101 discloses acquire delivery information and paragraph [0088], discloses acquired delivery information) ; and
acquiring desired delivery conditions indicating a receivable date and a receivable time of the customer (Figs. 23 & 30, s501 discloses acquire delivery information related to plurality of vehicles in plurality of delivery area, Fig. 26, 301 delivery information acquisition unit, and paragraph [0060], discloses database storing the delivery information is assumed to be stored .., delivery information is information set for each driver or each vehicle, and information indication a delivery address and a delivery time related to each a plurlity of cargo.., delivery time is a n example of an arrival time to the destination [receivable data and receivable time of the customer]) ; and
extracting candidates of the delivery date and the delivery time, as delivery conditions which increase a delivery density representing a delivery efficiency of packages including the package of the customer based on the delivery address and the default delivery route(paragraph [0060], discloses database storing the delivery information is assumed to be stored .., delivery information is information set for each driver or each vehicle, and information indication a delivery address and a delivery time related to each a plurlity of cargo.., delivery time is a n example of an arrival time to the destination [delivery date and delivery time ], paragraph [0087], discloses extracting a pair of the delivery information and the route information of the sued delivery route, and paragraph [0091], discloses extract the delivery information from the delivery result data ).
IGUCHI teaches the above elements including wherein the one or more processors are configured to execute the instructions to calculate the delivery density(paragraph [0120], discloses calculation unit calculates an estimated arrival tiem for each delivery address, a time between contains delivery address, a total delivery time, a distance between continuous delivery address, a total delivery distance , a congestion stat of the rout and the like for each of the delivery route based the delivery information and the delivery result data ), teaches acquire, from a database storing a default delivery route corresponding to respective delivery(Fig. 7, S201, discloses acquire respective delivery routes, paragraph [0054], discloses acquires route information, paragraphs [0067], [0071], discloses the delivery information acquisition unit acquires the delivery information form the database and paragraph [0075], discloses the reception unit acquires ) calculating the delivery density(paragraph [0120], discloses calculation unit calculates an estimated arrival tiem for each delivery address, a time between contains delivery address, a total delivery time, a distance between continuous delivery address, a total delivery distance , a congestion stat of the rout and the like for each of the delivery route based the delivery information and the delivery result data )delivery information, delivery result data, delivery route calculation system and route display terminal (Fig. 1) , estimate assumed route based on deliver information and accumulated data (Fig. 7) and a delivery time related to each of a plurlity cargos, The delivery information .., delivery address is an example of a , the delivery time .., arrival time to the destination (paragraph [0060]) and for each time delivery, for each delivery data and the like (paragraph [0107]). IGUCHI failed to teach acquire delivery route corresponding to respective delivery dates and delivery times in a period indicted by the desired delivery conditions, the default delivery route that has been already determined for packages based on the delivery addresses of other customer for whom orders have already been accepted, excluding the first customer’s packages; create a delivery date and time selection screen in which the candidates of the delivery date and time in the period indicted by the receivable date and time are respectively associated with delivery charges; and determine whether or not package information concerning the package of the customer is acquired, and send the delivery date and time selection screen in a case where the package information has been acquired; and create the delivery date and time selection screen during the period from acquiring of the desired delivery conditions to acquiring of the package information while the customer selects items, to enable complex and high-precision calculations related to the delivery density.
However, LOPPATTO teaches dates and delivery times in a period indicted by the desired delivery conditions, the default delivery route that has been already determined for packages based on the delivery addresses of other customer for whom orders have already been accepted, excluding the first customer’s packages(Fig. 17, discloses approximate delivery time :101Am-2PM [desired delivery condition the default delivery route], confirmed delivery window 12:pm-2PM, mm/dd/yyyy, paragraph [0105], discloses delivery data and time , to reflect the item’s movement an item/shipment identifier assocted with the item, paragraph [0118], discloses determine/identify expected, estimated, confirmed, and/or guaranteed pick-up and/or delivery times and paragraph [0121], discloses delivery date and times correspondingly for delivery at during a selected window );
create, using a constraint guaranteeing the delivery of packages for which orders have already been accepted in the default delivery route a delivery date and time selection screen in which the candidates of the delivery date and time in the period indicted by the receivable date and time are respectively associated with delivery charges(Fig. 17, discloses approximate delivery time :10Am-2PM [desired delivery default time and date ], confirmed delivery window 12:pm-2PM, mm/dd/yyyy [constraint guaranteeing], paragraph [0111], discloses delivery window, a non-confirmed, a confirmed delivery window a commit time.., signature request for delivery server and paragraph [0118], discloses pick-up and delivery times and times windows encompass particular days and/or dates as well) ; and
determine whether or not package information concerning the package of the customer is acquired, and send the delivery date and time selection screen in a case where the package information has been acquired(Fig. 24, 2430, discloses determine/identify or identify multiple expected, estimated confirmed and/or guaranteed pickup or delivery times (including pickup or delivery widows and paragraph [0096], discloses determine/identify whether the primary address[ default delivery] (and/or other addresses such as, for example, .., specified country or postal code is eligible for a customer pick-up.. and paragraph [0118], discloses determine/identify expected, estimated, confirmed, and/or guaranteed pick-up and/or delivery times); and
create the delivery date and time selection screen during the period from acquiring of the desired delivery conditions to acquiring of the package information(paragraph [0118], discloses guaranteed time windows may indict an expected estimated, confirmed and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times ..) while the customer selects items, to enable complex and high-precision calculations related to the delivery density(Fig. 13, discloses select a 2-hours delivery window, Fig. 16, select your confirmed delivery window, Fig. 17, dislcies the confirmed delivery window you select will be applied to all of the pages automatically, and Fig. 24, 2435, discloses allow for customer to select a specific delivery time or delivery time window ) . Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with a window that indicted an expected, estimated, confirmed, and/or guaranteed pick-up or delivery time of an item based on historical pick-up or delivery times of LOPPATTO in order to increase and/or decrease density to provide a delivery cost and/or the amount of the cost to the retailer system/third party system (see paragraph [0133]).
With respect to claim 15, IGUCHI in view of LOPPATTO teaches elements of claim 5, except wherein the one or more processors are further configured to :determine for each customer whether or not an acceptance of the delivery is closed, notify the acceptance closed of the delivery to a first customer in a case of determining that the acceptance of the delivery is closed, and notify a delivery available to a second customer in a case of determining that the acceptance of the delivery is available, wherein different notifications for different customers on a same delivery date and a same delivery time.
However, LOPPATTO teaches wherein the one or more processors are further configured to :determine for each customer whether or not an acceptance of the delivery is closed, notify the acceptance closed of the delivery to a first customer in a case of determining that the acceptance of the delivery is closed, and notify a delivery available to a second customer in a case of determining that the acceptance of the delivery is available, wherein different notifications for different customers on a same delivery date and a same delivery time ( paragraph [0111], discloses a confirmed delivery window a commit time, whether an in-person signature is requested for delivery and paragraph [0175], discloses authenticated by setting a flag in the communication or notification ). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with authenticated by setting a flag in the communication or notification of LOPPATTO in order to bypassing the validation/ fraud operations and/or processes that may be required of a non-authenticated customer. increase delivery time (see LOPPATTO, paragraph [0175]).
With respect to claim 16, IGUCHI in view of LOPPATTO teaches elements of claim 15, except wherein the one or more processors are further configured to provide an incentive to the second customer depending on a selection of the same delivery date and the same delivery time.
However, LOPPATTO teaches wherein the one or more processors are further configured to provide an incentive to the second customer depending on a selection of the same delivery date and the same delivery time (paragraphs [0034], discloses delivery density or influence delivery parameter and paragraph [0157], discloses determining those costs and incentive that may be available ). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with extracting dates, times and/or time windows of LOPPATTO in order to increased delivery density or influence delivery parameter (see LOPPATTO, paragraph [0034]).
With respect to claim 16, IGUCHI in view of LOPPATTO teaches elements of claim 1, except wherein the one or more processors are further configured to, in a case of determining, based on the delivery address of the customer, that it is not possible to deliver both the package of the customer and a package for which an order has already been accepted within a time designated for a delivery date and a delivery time, display a message representing that the time cannot be designated for the order on the delivery date and the delivery time.
However, LOPPATTO teaches wherein the one or more processors are further configured to, in a case of determining, based on the delivery address of the customer, that it is not possible to deliver both the package of the customer and a package for which an order has already been accepted within a time designated for a delivery date and a delivery time, display a message representing that the time cannot be designated for the order on the delivery date and the delivery time (paragraph [0100], discloses rescheduled delivery and paragraph [0101], discloses reschedule pick-ups and deliveries, request that items be delivered to another address..) . Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with extracting dates, times and/or time windows of LOPPATTO in order to increased delivery density or influence delivery parameter (see LOPPATTO, paragraph [0034]).
Claim(s) 1-4, 6-13 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over IGUCHI (US Pub., 2022/0252418 A1) in view of LOPPATTO et al. (US Pub., 2015/0363843 A1) and futher view of Horvitz et al (US Pub., No., 2013/0006739 A1)
With respect to claim 18, IGUCHI in view of LOPPATTO teaches elements of claim 1, except the information processing device wherein the one or more processors are further configured to, based on the constraint:
display "Acceptance Closed" on the delivery date and time selection screen, regardless of the delivery density, for a first customer for whom a delivery to a new delivery address makes it impossible to deliver the packages whose orders have already been accepted within a time designated for the delivery date and time; and display "Available" indicating that the order will be accepted at a discounted price on the delivery date and time selection screen for a second customer for whom the delivery to a new delivery address can be completed within the time designated for delivery of the already accepted package and whose order is placed for a delivery date and time that increases the delivery density.
However, Horvitz teaches display "Acceptance Closed" on the delivery date and time selection screen, regardless of the delivery density, for a first customer for whom a delivery to a new delivery address makes it impossible to deliver the packages whose orders have already been accepted within a time designated for the delivery date and time(paragraph [0038], discloses the shipping incentive may also expired at the end of a time frame [acceptance closed]); and display "Available" indicating that the order will be accepted at a discounted price on the delivery date and time selection screen for a second customer for whom the delivery to a new delivery address can be completed within the time designated for delivery of the already accepted package and whose order is placed for a delivery date and time that increases the delivery density(paragraph [0038], dislcies creating a first offer for other goods, and targeting the offer to the second customer that uses the second delivery address, the first offer also included shipping incentive associated with the second delivery address, shipping incentive may include a shipping discount for second customer accepting delivery at schedule delivery address on specified data ..). Therefore, it would have been obvious to the one ordinary skill in the art before the effective filing date of the claimed invention for calculating a plurality of delivery routes of IGUCHI with extracting dates, times and/or time windows of LOPPATTO with a feature of offering incentive for accepting delivery at the second delivery address on a specified date of Horvitz in order to provide a shipping discount at a destinated address on specified data that correspond th the shipment of existing order (see Horvitz, paragraph [0022]).
Prior arts:
IGUCHI (US Pub., 2022/0252418 A1) discloses a display terminal according to the present disclosure include a memory, and a hardware processor coupled to the memory. The hardware processor is configured to: acquire route information indicating a first traveling route and a second traveling route; and configured to display the first traveling route and the second traveling route. The first traveling route is a route related to an own vehicle among a plurality of traveling routes for suppressing battery deterioration related to a plurality of vehicles calculated based on destination information related to a plurality of destinations and accumulated battery data.
Falcone et al. (US Pub., 2014/0330739 A1) discloses systems and methods for delivering items to customers are disclosed. In one embodiment, an initial delivery schedule is established. The delivery schedule comprises a plurality of slots representing delivery times and delivery locations for the customers, wherein the slots are assigned as a result of a collaborative process. A set of pre-selected additional customers are identified for possible scheduling of any open slot. In real-time, additional slots in the initial delivery schedule are automatically identified.
LOPPATTO et al. (US Pub., 2015/0363848 A1) discloses systems, methods, apparatus, and computer program products are provided for programmatically determining/identifying for determining a delivery time and/or cost for an item to be delivered and allowing customer selection of one of the delivery windows.
Response to Arguments
Applicant's arguments of 35 U.S.C 101 rejections filed on 22 June 2026 with respect to claims 1-4, 6, and 8-18 have been fully considered but they are not persuasive. Applicants’ arguments of the under step 2A Prong 2, this represent an improvement to computer functionality analogues to pre-fetching, caching, or background processing techniques is not persuasive. The claims simply directed to data gathering, mathematical calculation of delivery density, and organizing information into a user interface (a selection screen), which fall under judicial exceptions like commercial/business practices and mental processes.
Under Step 2A Analysis (Alice/Mayo Test) the claims are directed to:
Judicial exception: The claim recites methods of organizing human activity, data collection, and mathematical calculations.
Abstract idea grouping: It falls under certain methods of organizing human activity (managing a transaction or commercial interaction) and data manipulation/mathematical concepts.
Directed to an abstract idea: Acquiring addresses, calculating efficiency, and presenting choices on a screen reflect generic business and cognitive tasks.
Step 2B Analysis (Inventive Concept)
Generic components: The claim uses functional terms ("database," "screen," "calculating") without reciting a specific, unconventional technological improvement in computer architecture.
Routine activity: Acquiring delivery data and calculating density are routine and conventional steps in logistics, previously done manually or via standard algorithms.
Lack of transformation: Merely performing these business logistics calculations in real time while a customer selects items does not transform the abstract idea into a patent-eligible application.
There is no improvement to any of technology or computer itself another than using a generic computer components to perform the generic functions.
Applicants’ arguments of the claims thus recite a particular technical solution of performing complex delivery density calculation without degrading user experience by making the customer wait and applicant assert paragraph [0065]and [0083] applicants’ specification is not persuasive. The claims cover ineligible subject matter, such as an abstract idea. Paragraph [0065], focused on using a delivery address acquisition unit that merely receives, stores, and accumulates data using generic components, an examiner will typically reject it as an unpatentable abstract method of organizing human activity or data manipulation. Collecting, storing, and organizing delivery addresses is viewed as mental process or commercial practice. The generic components that is using standard unit, stores serves, and databased does not add an inventive concept. Thus, the claims fail to show an improvement in computer capabilities or network functionality itself.
Paragraph [0083] focused on a method where an "optimization device" calculates delivery density and determines a confirmed delivery time based on customer availability windows face rejections for being directed to a patent-ineligible abstract idea(such as organizing human activity or data analysis) without an inventive technical improvement. Calculating delivery density, parsing delivery time periods from customer preferences, and selecting a delivery time based on those calculations are considered mental processes or commercial/logistical practices that a person could theoretically do with pen and paper or in their head. Using a generic "optimization device 100x" or standard computer components to perform routine mathematical calculations does not transform the abstract idea into patent-eligible subject matter. Thus, the claims directed to an abstract idea.
Applicants’ arguments the claims recite further specific technical features including (a) acquiring default delivery routes “from a database storing the default delivery route corresponding to respective delivery dates and delivery times in a period indicated by the desired delivery conditions” (b) creating the delivery date and time selection screen “using a constraint guaranteeing the delivery of packages for which orders have already been accepted in the delivery route”; and (c) as recited in new claim 18, creating customer-specific delivery date and item selection screen with different displays (“Acceptance Closed” versus “Available” with discounted prices) based on whether incorporating the new delivery address would make it impossible to delivery already-accepted packages within the designated time. The delivery route and UI constraint claims face a 35 U.S.C. § 101 rejection because the USPTO views data lookup, scheduling constraints, and dynamic screen displays as ineligible abstract ideas (mental processes and commercial methods) rather than technical improvements.
The claimed limitation of (a), (b). and (c) fall under “methods of organizing human activity" and "mental processes" which people can do with pen and paper or in their heads” , and the generic computer implementation of string routes in a database, applying constraints, and rendering status screens (Acceptance Closed” vs “Available) uses a generic computer hardware as a mere tool. The claims lack of practical application because the additional elements do not improve computer functionality itself, but mere apply an abstract scheduling concept to the field of package delivery.
Therefore, claims rely on generic computer components ("one or more processors," "memory storing instructions") to perform the abstract steps faster, which is generally insufficient to make a claim eligible. Therefore, the 35 U.S.C 101 rejections with respect to claims 1-4, 6, and 8-18 is maintained.
Applicant's arguments of 35 U.S.C 103 rejection with respect to claim 1-4, 6, and 8-17 filed on 22 June 2026 have been fully considered but they are not persuasive. Applicants’ arguments of IGUCHI does not disclose or suggest a processor congrued to acquire from a database storing a default delivery rout corresponding to respective delivery data and delivery times in prior indication by the desired delivery conditions, the default delivery route that has been already determine for package based on the delivery address of other customer for whom orders have already been accepted, excluding the first customers’ package; extract candidates of a delivery date and a delivery time, as delivery conditions which increase a delivery density representing a delivery efficiency of packages include the page of the customer … is not persuasive.
As discloses by the above rejections, IGUCHI in view of LOPPATTO addressed the claimed limitation. The rejection is updated.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SABA DAGNEW/Primary Examiner, Art Unit 3621
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