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 .
Priority
The examiner acknowledges Applicant’s claim of benefit to Provisional Patent Application No. 63/521,804, filed on 6/19/2023.
Status of Claims
Applicant’s communications filed on 10/01/2025 have been considered.
Claims 3 and 12 have been canceled.
Claims 2, 4-11, and 13-21 have been amended.
Claims 2, 4-11, and 13-21 are currently pending and have been examined.
Response to Arguments
Applicant’s arguments filed with respect to the rejection of claims under 35 USC 101 have been fully considered but they are not persuasive.
Applicant argues on pages 9-10 that the claimed subject matter cannot be performed by the human mind and does not simply recite rules or methods for organizing human behavior or commercial relationships… the Examiner’s characterization of the claims as a “certain method of organizing human activity” overlooks the required interaction between the computing system and a physical drawer-based inventory structure. This argument has been considered but is not persuasive. Applicant is reminded that in Prong One examiner evaluate whether the claim recites a judicial exception, i.e., whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. Despite Applicant’s assertion to the contrary, the Examiner maintains that the amended claims clearly set forth or describe abstract idea(s), in that they recite limitations directed to the management and displaying of real-time inventory information, including managing an inventory in an environment for replenishment and purchase of consumable components, obtaining real-time data of an assortment of components placed in compartments of a physical drawer of a plurality of physical drawers, based on the real-time data, visually replicates the plurality of physical drawers, and visually represents the real-time data, provide one or more options, to a retailer associated with the environment, wherein the one or more options enable the retailer to alter the visually represented real-time data of the assortment of components, enable access to a user of the environment to select and add at least one consumable component amongst the consumable components to a shopping cart, and receiving an input, from the user to execute a purchase transaction. These limitations recite Certain Methods of Organizing Human Activity in that they recite maintaining and displaying real-time inventory that is available for purchase to customers. The claims have not been characterized as reciting a mental process or mathematical concepts (see Non-Final Rejection, filed 10/01/2025, as well as the current Office Action), and accordingly Applicant’s arguments regarding the claims not reciting a mental process or mathematical concept are not applicable.
It is further noted that merely reciting physical components does not remove the claim from the abstract idea, and additionally that the context of consumables of an inventory in a physical environment further contributes to the abstract idea (see Applicant’s specification [0051] “physical storage device 300 placed in a warehouse/inventory of the retailer”). Additionally, the arguments directed to practical applications and computer improvements, including those regarding meaningful technological constraints, are analyzed under Step 2A, Prong Two and not within Step 2A, Prong One. Accordingly, the claims recite Certain Methods of Organizing Human Activity, and the rejection has been maintained.
Applicant further argues on page 10 that the claims integrate the abstract idea into a practical application because the claims apply computer technology in a specific and concrete manner to address the technical problem of synchronizing a virtual interface with a physical drawer-based inventory structure for replenishment and purchase. Applicant further maintains that the computer performs a particularized technological function of mapping, synchronizing, and updating a virtual representation of a physical system. This argument has been considered but is not persuasive.
If it is asserted that the invention improves upon conventional function of a computer, or upon conventional technology or technological processes, a technical explanation as to how to implement the invention should be present in the specification. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Although the specification need not explicitly set forth the improvement, it must describe the invention such that the improvement would be apparent to one of ordinary sill in the art. Conversely, if the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology (see MPEP 2106.05(a); MPEP 2106.04(d)(1)).
Applicant’s specification does not provide the requisite detail necessary such that one of ordinary skill in the art could recognize the claimed invention as providing an improvement. Applicant’s specification does not provide sufficient detail with respect to a virtual assortment interface, or mapping, synchronizing, or updating of a virtual representation, and is specific only in their use in facilitating the abstract idea of maintaining and displaying real-time inventory that is available for purchase to customers. While applicant argues that the computer performs a particularized mapping, synchronizing, and updating of the virtual representation, the specification does not provide technical detail of how mapping, synchronizing, or updating of the virtual representation is performed, differently than generic devices displaying inventory information (see [0058], “the data corresponding to the number of compartments, type of components, part numbers and the quantity available is added such that the real-time data of each drawer… is updated”). It is further noted that “mapping” and “synchronizing” are not recited in the claims, and accordingly the claims are insufficient to reflect any technical improvement regarding “mapping” and “synchronizing”.
Additionally, the specification discloses that an advantage of the claimed invention is “avoid[ing] searching for the components every time to add them to the shopping cart” (see at least [0015]). This is an improvement to the abstract idea, rather than a technical improvement. The claims amount to implementing the abstract idea in a generic computing environment, in order to provide an improvement to the abstract idea, without effectuating an improvement in the computer, interface, or other technology. Accordingly, the claims do not integrate the abstract idea into a practical application, and the rejection has been maintained.
Applicant further argues on page 10 that the claims recite significantly more under step 2B because these limitations define how the computer system is configured and operates in relation to the physical inventory structure and are not routine or conventional uses of a computer in the field. This argument has been considered but is not persuasive. The amended claims amount to mere implementation of the abstract idea in a generic computing environment, without effectuating a change or improvement to the claimed technology or other technical area, as discussed above, and accordingly, the claims do not amount to an inventive concept (see MPEP 2106.05). Furthermore, the 101 rejection of the Non-Final rejection did not assert that the claims recite well-understood, routine or conventional activity, but rather the claims were ineligible under step 2B for a similar reason of reciting mere instructions to implement an abstract idea on a computer. Accordingly, the argument is not persuasive, and the claims do not recite an inventive concept.
Applicant’s arguments filed with respect to the rejection of claims under 35 USC 103 have been fully considered but are rendered moot under new grounds of rejection.
Applicant argues on pages 11-15 that claims 2, 4-11, and 13-21, as amended, overcome previously cited Jackson, Edwards and Reid. These arguments have been considered but are rendered moot under new grounds of rejection. Applicant’s amendments have necessitated a new grounds of rejection, such that independent claims 2, 11 and 21 currently stand rejected in view of the newly cited combination of Soon-Shiong (US 2018/0204174 A1) in view of Lipsey (US 2021/0089774 A1) in view of Allin (US 11,049,002 B1), as discussed below. Dependent claims 4-5, 7-10, 13-14 and 16-21 further stand rejected in view of the combination of Soon-Shiong/Lipsey/Allin.
It is further noted that dependent claims 6 and 15 currently stand rejected in view of the combination of Soon-Shiong in view of Lipsey in view of Allin, and further in view of newly cited Nguyen (US 2007/0135965 A1).
Accordingly, Applicant’s arguments are rendered moot under new grounds of rejection, and the rejection has been maintained.
Claim Objections
Claims 2, 11 and 21 are objected to because of the following informalities:
Regarding Claim 2, the claim recites “enabling, by said processor, access to the virtual assortment interface for a user of the e-commerce to select…”. It appears that a typographical error was made, as this limitation should read “enabling, by said processor, access to the virtual assortment interface for a user of the e-commerce environment to select…” in order to maintain consistency with previously claimed limitations.
For examination purposes, the limitation has been interpreted as reciting “enabling, by said processor, access to the virtual assortment interface for a user of the e-commerce environment to select…”. Claims 11 and 21 are objected to for reciting similar limitations to Claim 2. Appropriate correction is required.
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.
Claims 2, 4-11, and 13-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite an abstract idea. The judicial exception is not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories. See MPEP 2106.03. Claims 2 and 4-10 are directed towards a process. Claims 11 and 13-20 are directed towards a machine. Claim 21 is directed towards a manufacture. Therefore, claims 2, 4-11, 13-21 are directed to one of the four statutory categories (Step 1: YES, regarding claims 2, 4-11, 13-21).
Under Step 2A of the MPEP, it is determined whether the claims are directed to a judicially recognized exception. See MPEP 2106.04. Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception. In determining whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception.
Taking Claim 11 as representative, claim 11 recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
managing an inventory in an environment for replenishment and purchase of consumable components:
obtain real-time data of an assortment of components placed in compartments of a physical drawer of a plurality of physical drawers in an inventory of an environment, said real-time data corresponding to a number of each compartment, type of consumable components placed within each compartment, a serial number of each of the consumable components and available quantity of the consumable components in said physical drawer;
based on the real-time data, visually replicates the plurality of physical drawers, and visually represents the real-time data;
provide one or more options, to a retailer associated with the environment, wherein the one or more options enable the retailer to alter the visually represented real-time data of the assortment of components;
enable access to a user of the environment to select and add at least one consumable component amongst the consumable components to a shopping cart;
receive an input, from the user, to execute a purchase transaction of the at least one consumable component added to the shopping cart; and
match with the real-time data obtained upon the execution of the purchase transaction.
Claims 2 and 21 recite the same abstract limitations as recited in claim 11.
Claim 11, as exemplary, recites certain methods of organizing human activity, such as performing commercial interactions. See MPEP 2106.04(a)(2). The MPEP defines the “Certain Methods of Organizing Human Activity” grouping as including fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) (see MPEP § 2106.04(a)(2). The abstract ideas recited in representative claim 1 are certain methods of organizing human activity because managing an inventory for replenishment and purchase of consumable components, obtaining real-time data of an assortment components placed in compartments of a physical drawer of a plurality of physical drawers in an inventory of an environment, said real-time data corresponding to the consumable components in said physical drawer, visually replication the plurality of physical drawers, and visually representing the real-time data, providing options to a retailer to alter the visually represented real-time data, enabling access to a user to select and add the consumable components to a shopping cart, receiving an input to execute a purchase transaction of the at least one consumable components, and matching with the real-timed data upon execution of the purchase transaction is a commercial or legal interaction because it is an advertising, marketing or sales activity, or business relations. Claims 2 and 21 recite the same abstract limitations.
Accordingly, under Prong One of Step 2A of the Alice/Mayo test, claims 2, 11 and 21 recite an abstract idea (Step 2A, Prong One: YES).
Under Step 2A (prong 2), if it is determined that the claims recite a judicial exception, it is then necessary to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of that exception (see MPEP 2106.04). As stated in the MPEP, when “an additional element merely recites the words ‘apply it (or an equivalent) with the judicial exception, or merely uses a computer as a tool to perform an abstract idea,” the judicial exception has not been integrated into a practical application. In this case, representative claim 11 includes additional elements such as (additional elements are bolded):
A system for virtually managing an inventory in an e-commerce environment for replenishment and purchase of consumable components, said system comprising:
a memory; and
a processor coupled to the memory, wherein the processor executes program instructions stored in the memory, to:
obtain real-time data of an assortment of components placed in compartments of a physical drawer of a plurality of physical drawers in an inventory of an e-commerce environment, said real-time data corresponding to a number of each compartment, type of consumable components placed within each compartment, a serial number of each of the consumable components and available quantity of the consumable components in said physical drawer;
dynamically generate a virtual assortment interface based on the real-time data, said virtual assortment interface comprising a plurality of virtual drawers, visually replicates the plurality of physical drawers, and visually represents the real-time data;
provide one or more options, to a retailer associated with the e-commerce environment, within the virtual assortment interface, wherein the one or more options enable the retailer to alter the visually represented real-time data of the assortment of components;
enable access to the virtual assortment interface for a user of the e-commerce to select and add at least one consumable component amongst the consumable components to a virtual shopping cart;
receive an input, from the user, to execute a purchase transaction of the at least one consumable component added to the virtual shopping cart; and
dynamically update the virtual assortment interface to match with the real-time data obtained upon the execution of the purchase transaction.
These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration. As such, these computer-related limitations are not found to be sufficient to integrate the abstract idea into a practical application. Claims 2, 11 and 21 specifying that the abstract idea is executed in a computer environment merely indicates a field of use in which to apply the abstract idea because this requirement merely limits the claims to the computer field, i.e., to execution on a generic computer. As such, under Prong Two of Step 2A of the Alice/Mayo test, when considered both individually and as a whole, the limitations of claims 2, 11 and 21 are not indicative of integration into a practical application (Step 2A, Prong Two: NO).
Since claims 2, 11 and 21 recite an abstract idea and fail to integrate the abstract idea into a practical application, claims 2, 11 and 21 are “directed to” an abstract idea (Step 2A: YES). Accordingly, the judicial exception is not integrated into a practical application.
Next, under Step 2B, examiners should evaluate additional elements individually and in combination to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). In this case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Returning to representative claims 2, 11 and 21, taken individually or as a whole the additional elements of claims 2, 11 and 21 amount to no more than mere instructions to apply the exception using a generic computer and/or no more than a general link to a technological environment. For the same reason these elements are not sufficient to provide an inventive concept. Therefore when considering the additional elements alone, and in combination, there is no inventive concept in the claim, and thus the claim is not patent eligible (Step 2B: NO).
Dependent claims 4-10, and 13-20, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because they do not add “significantly more” to the abstract idea. As for dependent claims 5, 7-10, 14 and 16-20, these claims recite limitations that further define the same abstract idea noted in independent claims 2, 11 and 21, and do not recite any additional elements other than what is disclosed in independent claims 2, 11 and 21. Therefore, claims 5, 7-10, 14 and 16-20 are considered patent ineligible for the reasons given above.
As for dependent claims 4, 6, 13 and 15, these claims recite limitations that further define the abstract idea noted in independent claims 2, 11 and 21. Additionally, they recite the following additional limitations:
dynamically displaying… real-time stock data within the virtual assortment interface to the retailer, wherein the real-time stock data relates to consumable components associated with other inventories of the e-commerce environment; and
wherein the virtual assortment interface, based on selection of the retailer and the user, is configured to simulate opening and closing of selected of said virtual drawer amongst the plurality of virtual drawers.
The additional elements of dynamically displaying and wherein the virtual assortment interface is configured to simulate opening and closing of selected of said virtual drawer amongst the plurality of virtual drawers are all recited at a high level of generality such that they amount to no more than instructions to apply the judicial exception in a generic technological environment. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. Accordingly, under the Alice/Mayo test, claims 2, 4-11, 13-21 are ineligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 2, 4-5, 7-11, 13-14 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over newly cited U.S Patent Application No. 2018/0204174 A1 to Soon-Shiong, hereinafter Soon-Shiong, in view of newly cited U.S Patent Application No. 2021/0089774 A1 to Lipsey et al., hereinafter Lipsey, and further in view of newly cited U.S Patent No. 11,094,002 B1 to Allin et al., hereinafter Allin.
Regarding Claim 2, Soon-Shiong discloses A method for virtually managing an inventory in an e-commerce environment for replenishment and purchase of consumable components, said method comprising the steps of ([0032-0033] products presented on display 120 can be presented according to virtual planogram; [0045] presenting virtual marketplace 221 in accordance with planogram; [0075] a virtual marketplace can be configured to display the items that are present in a physical marketplace, and update according to the changes made in the physical marketplace… If a frozen pizza is removed from the physical freezer (e.g., for purchase by a shopper, relocation, etc.)… instruct the replacement of the frozen pizza with a strawberry fruit bar):
obtaining, by a processor, real-time data of an assortment of components placed in compartments of a physical storage structure (fixture) of a plurality of physical storage structures in an inventory of an e-commerce environment, said real-time data corresponding to a number of each compartment, type of consumable components placed within each compartment, a serial number of each of the consumable components and available quantity of the consumable components in said physical storage structures ([0075] a dynamic planogram is used to generate a virtual marketplace based on a template corresponding to a real planogram used in an actual store to present product displays on fixtures (e.g., shelves, racks, cases, freezers, etc.)… the planogram can represent a physical freezer in a grocery store that has, from left to right, 5 CPK™ frozen pizzas, 3 Hot Pockets™, and 7 Marie Calendars™ chicken pot pies… if a frozen pizza is removed from the physical freezer, the frozen pizza can be removed from the virtual freezer in real-time; [0076] absolute or relative placement of products in slots within the planogram; [0077] planograms divided into horizontal slots and shelf depths); see [0063] planogram 442 could instruct display 420 to present a QR code that specifically includes a SKU for item 463);
dynamically generating, by the processor, a virtual assortment interface based on the real-time data, said virtual assortment interface comprising a plurality of virtual storage structures, visually replicates the plurality of physical storage structures, and visually represents the real-time data ([0075] a dynamic planogram is used to generate a virtual marketplace based on a template corresponding to a real planogram used in an actual store to present product displays on fixtures (e.g., shelves, racks, cases, freezers, etc.)… the planogram can represent a physical freezer… if a frozen pizza is removed from the physical freezer, the frozen pizza can be removed from the virtual freezer in real-time; see [0052-0053] Planogram server 205 can, in real-time, model the physics of the shelf; [0063][Fig. 4] display 420 presents two virtual shelves 460 and 461; [Figs. 5 and 6]);
providing, by the processor, one or more options, to a retailer associated with the e-commerce environment, within the virtual assortment interface, wherein the one or more options enable the retailer to alter the visually represented real-time data of the assortment of components ([0045] a remote retailer establishment 200 could purchase a slot for product placement within planogram 210, and thereby present their products via virtual marketplace 221; see [0061] interacting with/managing planogram via a vendor interface; [0081-0082] allowing the vendor to perform various actions and customize slots within a virtual marketplace… including multiple representations within the slot, changing the representation at their whim, deleting a representation (e.g., as Inventory decreases, to create a buzz, etc.)… and choosing the format of the representation);
enabling, by said processor, access to the virtual assortment interface for a user of the e-commerce environment to select and add at least one consumable component amongst the consumable components to a transaction ([0054] User 226 can initiate a purchase of an item by touching the representation of the item, or some other portion on the display associated with the item. Additional input regarding the purchase can be made by the user through transaction device 230 or interface 225… user 226 can use a camera on their smart phone (i.e., interface 225) to capture an image of virtual marketplace 221. The cell phone or other platform can analyze the image and recognize products on display 220 as purchasable objects. The camera can then interact with transaction device 230 or even device 215 over network 235 to initiate the transaction… Once user 226 completes a selection of items, the user can be presented with payment options; [0069] When the user enters a representation of a store via the virtual marketplace, the user can browse and select items to purchase);
receiving, by the processor, an input, from the user, to execute a purchase transaction of the at least one consumable component added to the transaction ([0069] When the user enters a representation of a store via the virtual marketplace, the user can browse and select items to purchase; [0085-0087] allowing a user to select at least one of the virtual inventory items, and initiating a transaction using a transaction protocol based on account data associated with a user); and
dynamically updating, by the processor, the virtual assortment interface to match with the real-time data obtained upon the execution of the purchase transaction ([0075] a dynamic planogram is used to generate a virtual marketplace based on a template corresponding to a real planogram used in an actual store to present product displays on fixtures (e.g., shelves, racks, cases, freezers, etc.)… the planogram can represent a physical freezer in a grocery store that has, from left to right, 5 CPK™ frozen pizzas, 3 Hot Pockets™, and 7 Marie Calendars™ chicken pot pies… if a frozen pizza is removed from the physical freezer (e.g., for purchase by a shopper), the frozen pizza can be removed from the virtual freezer in real-time).
Soon-Shiong discloses obtaining real-time data of an assortment of products placed in components of a physical storage structure of a plurality of physical storage structures in an inventory of an e-commerce environment, said real-time data corresponding to type of consumable components placed within each compartment, a serial number of each of the consumable components and available quantity of the consumable components in said physical storage structures (see at least Soon-Shiong, [0075-0077]). Soon-Shiong further discloses dynamically generating a virtual assortment interface based on the real-time data, said virtual assortment interface comprising a plurality of virtual storage structures, visually replicates the plurality of physical storage structures, and visually represents the real-time data (see at least Soon-Shiong [Figs. 4-6][0052-0053][0063][0075]). However, Soon-Shiong does not explicitly teach components placed in compartments of a physical drawer of a plurality of physical drawers; obtaining data corresponding a number of each compartment in said physical drawer; and said interface comprising drawers, and visually replicates the drawers.
However, in the field of inventory control/management via an interface (see at least Lipsey [0027-0028][0060-0072]), Lipsey, on the other hand, teaches components placed in compartments of a physical drawer of a plurality of physical drawers ([Fig. 3A][0031] FIG. 3A illustrates a drawer-type tool control storage device 106 that includes… multiple tool storage drawers 330 for storing tools; [0037] each storage drawer 330 includes a foam base 180 having a plurality of storage locations, such as tool cutouts 181, for storing tools),
obtaining data corresponding to a number of each compartment in said physical drawer ([0065-0066] In the “Drawer Label” tab, the text block overlaid upon each of the drawers displayed in the graphical image 710 of the GUI 700 may be edited, as well as a drawer number corresponding to a drawer 330 of the actual tool control storage device 106); and
said interface comprising drawers, and visually replicates the drawers ([0061] FIG. 7 illustrates an exemplary GUI 700 of a dashboard screen including a graphical image 710 depicting the tool control storage device 106; [0062] the graphical image 710 may include the same number of the drawers 330 and the relative sizes of the drawers 330 of the actual tool control storage device 106… when the actual tool control storage device 106 includes eight drawers, the graphical image 710 may also depict eight drawers).
The steps of Lipsey are applicable to the method of Soon-Shiong, as they share characteristics and capabilities, namely, they are directed to inventory control and management via a replication of a storage structure in a user interface. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the inventory control/management method as taught by Soon-Shiong, to include components placed in compartments of a physical drawer of a plurality of physical drawers, obtaining data corresponding a number of each compartment in said physical drawer, and said interface comprising drawers, and visually replicates the drawers, as taught by Lipsey. One of ordinary skill in the art at the time of filing would have been motivated to expand the inventory management method of Soon-Shiong in order to generate efficient reference data for checking an inventory status, as well as increase efficiency by displaying primary contents over a graphical image on the user interface, such that users can identify the drawer that contains the desired tool/item on the GUI (Lipsey, [0028][0060]).
Soon-Shiong further discloses enabling access to the virtual assortment interface for a user of the e-commerce environment to select and add at least one consumable component amongst the consumable components to a transaction, and receiving an input from the user to execute a purchase transaction of the at least one consumable component (see at least [0022][0024][0029]). However, Soon-Shiong in view of Lipsey does not explicitly disclose adding to a virtual shopping cart; and the component added to the virtual shopping cart.
Additionally, in the field of providing a virtual inventory of items in a physical location (see at least Allin [Col 3 Ln 60-Col 4 Ln 36]), Allin, on the other hand, teaches adding to a virtual shopping cart ([Col 10 Ln 39-63] the patron 136 may select an item 303 by clicking on the image of the item in the virtual aisle 304A… Once the patron 136 has made his selection, he may go back to aisle view, or add the item 303 to his virtual cart where it may be stored until the patron 136 is ready for checkout); and
the component added to the virtual shopping cart ([Col 10 Ln 39-63] the patron 136 may select an item 303 by clicking on the image of the item in the virtual aisle 304A… Once the patron 136 has made his selection, he may go back to aisle view, or add the item 303 to his virtual cart where it may be stored until the patron 136 is ready for checkout).
The steps of Allin are applicable to the method of Soon-Shiong in view of Lipsey, as they share characteristics and capabilities, namely, they are directed to providing a virtual inventory of items in a physical location. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the virtual inventory method as taught by Soon-Shiong in view of Lipsey, to include adding to a virtual shopping cart; and the component added to the virtual shopping cart, as taught by Allin. One of ordinary skill in the art at the time of filing would have been motivated to expand the virtual inventory method of Soon-Shiong in view of Lipsey in order to allow for storage of selected items until a patron is ready for checkout, as well as better emulate the experience of patrons at brick and mortar locations (Allin, [Col 1 Ln 15-30][Col 10 Ln 39-63]).
Regarding Claim 4, Soon-Shiong, Lipsey and Allin teach the limitations of claim 2.
Soon-Shiong further discloses further dynamically displaying, by the processor, real-time stock data within the virtual assortment interface to the retailer, wherein the real-time stock data relates to consumable components associated with other inventories of the e-commerce environment ([0075] a dynamic planogram is used to generate a virtual marketplace based on a template corresponding to a real planogram used in an actual store to present product displays on fixtures (e.g., shelves, racks, cases, freezers, etc.)… the planogram can represent a physical freezer in a grocery store that has, from left to right, 5 CPK™ frozen pizzas, 3 Hot Pockets™, and 7 Marie Calendars™ chicken pot pies… if a frozen pizza is removed from the physical freezer (e.g., for purchase by a shopper), the frozen pizza can be removed from the virtual freezer in real-time; see [0073] items represented according to dynamic planograms capable of changing with time).
Regarding Claim 5, Soon-Shiong, Lipsey and Allin teach the limitations of claim 2.
Soon-Shiong further discloses enabling, by said processor, navigation of the plurality of virtual storage structures in the virtual assortment interface for selecting a virtual storage structure amongst the plurality of virtual storage structures ([0046] Each of interface 225 and transaction device 230 can be configured to receive… a selection of an item in virtual marketplace 221; [0066] the virtual marketplace can be navigable such that the user can determine what shelf to view, what portion of a marketplace to view, what representations to view, or section of a shelf to view… Once items have been selected, the user can enter payment and delivery information via one or more interfaces and transaction devices). However, Soon-Shiong does not explicitly teach wherein virtual storage structures are virtual drawers.
Lipsey, on the other hand, teaches wherein virtual storage structures are virtual drawers ([Fig. 2][0054] the circled number 2 in the GUI illustrates a graphical image depicting the toolbox… including graphical images of the drawers, and the drawer from which the tools were issued may be highlighted; [0061] FIG. 7 illustrates an exemplary GUI 700 of a dashboard screen including a graphical image 710 depicting the tool control storage device 106).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the inventory control/management method as taught by Soon-Shiong, to include wherein virtual storage structures are virtual drawers, as taught by Lipsey, for the same reasons discussed above with respect to claim 1.
Regarding Claim 7, Soon-Shiong, Lipsey and Allin teach the limitations of claim 2.
Soon-Shiong further discloses wherein the plurality of virtual storage structures are arranged within the virtual assortment interface based on predefined criteria, the predefined criteria is based on at least one of top transacted components, least transacted components, and perishable components ([0077] planogram 770 can be n-dimensional (for physical and logical dimensions), and thus representations of items can be placed within a position of a virtual marketplace according to a trend… Vendors can each purchase slots within planogram 770 by paying a fee… The fee required for placement can depend on one or more factors, including for example, a prior purchase of slots, desirability of a slot, popularity of a slot) (Note: according to the claim requiring “at least one of” the subsequent limitations, Soon-Shiong has been relied upon to teach top transacted components). However, Soon-Shiong does not explicitly teach wherein virtual storage structures are virtual drawers.
Lipsey, on the other hand, teaches wherein virtual storage structures are virtual drawers ([Fig. 2][0054] the circled number 2 in the GUI illustrates a graphical image depicting the toolbox… including graphical images of the drawers, and the drawer from which the tools were issued may be highlighted; [0061] FIG. 7 illustrates an exemplary GUI 700 of a dashboard screen including a graphical image 710 depicting the tool control storage device 106).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the inventory control/management method as taught by Soon-Shiong, to include wherein virtual storage structures are virtual drawers, as taught by Lipsey, for the same reasons discussed above with respect to claim 1.
Regarding Claim 8, Soon-Shiong, Lipsey and Allin teach the limitations of claim 2.
Soon-Shiong further discloses displaying, by the processor, said plurality of virtual storage structures within the virtual assortment interface ([0052-0053] Planogram server 205 can, in real-time, model the physics of the shelf; [0063][Fig. 4] display 420 presents two virtual shelves 460 and 461). However, Soon-Shiong does not explicitly disclose displaying virtual drawers in a stacked configuration.
Lipsey, on the other hand, teaches displaying virtual drawers in a stacked configuration ([Fig. 2][0054] the circled number 2 in the GUI illustrates a graphical image depicting the toolbox… including graphical images of the drawers, and the drawer from which the tools were issued may be highlighted; see [Fig. 5A] depicting stacked drawers within the toolbox, represented by the circled number 2; [0061] FIG. 7 illustrates an exemplary GUI 700 of a dashboard screen including a graphical image 710 depicting the tool control storage device 106; [Fig. 7] depicting stacked drawers).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the inventory control/management method as taught by Soon-Shiong, to include displaying virtual drawers in a stacked configuration, as taught by Lipsey, for the same reasons discussed above with respect to claim 1.
Regarding Claim 9, Soon-Shiong, Lipsey and Allin teach the limitations of claim 2.
Soon-Shiong further discloses generating, by said processor, information regarding a number of at least one consumable component from the consumable components in the plurality of virtual storage structures ([0075] the planogram can represent a physical freezer in a grocery store that has, from left to right, 5 CPK™ frozen pizzas, 3 Hot Pockets™, and 7 Marie Calendars™ chicken pot pies). However, Soon-Shiong does not explicitly teach generating an alert when a number of components in the plurality of drawers is below or above a predefined threshold value.
Lipsey, on the other hand, teaches generating an alert when a number of components in the plurality of drawers is below or above a predefined threshold value ([0045] the inventory cross-check is performed to ensure that both inventory scans have identified the same tools as being present in the tool control storage device 106 and have identified the same tools as being absent from the tool control storage device 106. User alerts are issued if the results of the two inventory scans are not consistent with each other; see [0027] identifying inventory conditions of objects in the storage unit; [0044] inventory condition refers to an existence/presence or non-existence/absence condition of objects in the storage system).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the inventory control/management method as taught by Soon-Shiong, to include generating an alert when a number of components in the plurality of drawers is below or above a predefined threshold value, as taught by Lipsey, for the same reasons discussed above with respect to claim 1.
Regarding Claim 10, Soon-Shiong, Lipsey and Allin teach the limitations of claim 2.
Soon-Shiong further discloses wherein the one or more options enable the retailer to add, remove or amend the data associated with the virtual assortment interface ([0073] allowing a vendor to virtually rotate stock; [0077-0081] representations of items can be placed within a position of a virtual marketplace according to… slots purchased by vendors… slots can be sold on an hourly or daily basis… vendors can change the representation at their whim, delete a representation (e.g., as Inventory decreases, to create a buzz, etc.)… and choose the format of the representation).
Claim 11 is directed to a system. Claim 11 recites limitations that are substantially parallel in nature to those addressed above for claim 2 which is directed towards a method. The system of Soon-Shiong/Lipsey/Allin teaches the limitations of claim 2 as noted above. Soon-Shiong further discloses A system for virtually managing an inventory in an e-commerce environment for replenishment and purchase of consumable components, said system comprising: a memory; and a processor coupled to the memory, wherein the processor executes program instructions stored in the memory (Soon-Shiong: [0029][0032-0033][0045][0075]). Claim 11 is therefore rejected for the reasons set forth above in claim 2 and in this paragraph.
Claim 13 recites a system comprising substantially similar limitations as claim 4. All limitations as recited have been analyzed and rejected with respect to claim 4, and do not introduce any additional narrowing of the scopes of the claims as analyzed.
Claim 14 recites a system comprising substantially similar limitations as claim 5. All limitations as recited have been analyzed and rejected with respect to claim 5, and do not introduce any additional narrowing of the scopes of the claims as analyzed.
Regarding Claim 16, Soon-Shiong, Lipsey and Allin teach the limitations of claim 11.
Soon-Shiong further discloses wherein the plurality of virtual storage structures are arranged within the virtual assortment interface based on predefined criteria ([0077] planogram 770 can be n-dimensional (for physical and logical dimensions), and thus representations of items can be placed within a position of a virtual marketplace according to a trend… Vendors can each purchase slots within planogram 770 by paying a fee… The fee required for placement can depend on one or more factors, including for example, a prior purchase of slots, desirability of a slot, popularity of a slot). However, Soon-Shiong does not explicitly teach wherein virtual storage structures are virtual drawers.
Lipsey, on the other hand, teaches wherein virtual storage structures are virtual drawers ([Fig. 2][0054] the circled number 2 in the GUI illustrates a graphical image depicting the toolbox… including graphical images of the drawers, and the drawer from which the tools were issued may be highlighted; [0061] FIG. 7 illustrates an exemplary GUI 700 of a dashboard screen including a graphical image 710 depicting the tool control storage device 106).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the inventory control/management system as taught by Soon-Shiong, to include wherein virtual storage structures are virtual drawers, as taught by Lipsey, for the same reasons discussed above with respect to claim 1.
Regarding Claim 17, Soon-Shiong, Lipsey and Allin teach the limitations of claim 11.
Soon-Shiong further discloses wherein the predefined criteria is based on at least one of top transacted components, least transacted components, and perishable components ([0077] representations of items can be placed within a position of a virtual marketplace according to a trend… Vendors can each purchase slots within planogram 770 by paying a fee… The fee required for placement can depend on one or more factors, including for example, a prior purchase of slots, desirability of a slot, popularity of a slot).
Claim 18 recites a system comprising substantially similar limitations as claim 8. All limitations as recited have been analyzed and rejected with respect to claim 8, and do not introduce any additional narrowing of the scopes of the claims as analyzed.
Claim 19 recites a system comprising substantially similar limitations as claim 9. All limitations as recited have been analyzed and rejected with respect to claim 9, and do not introduce any additional narrowing of the scopes of the claims as analyzed.
Claim 20 recites a system comprising substantially similar limitations as claim 10. All limitations as recited have been analyzed and rejected with respect to claim 10, and do not introduce any additional narrowing of the scopes of the claims as analyzed.
Claim 21 is directed to a system. Claim 21 recites limitations that are substantially parallel in nature to those addressed above for claim 2 which is directed towards a method. The system of Soon-Shiong/Lipsey/Allin teaches the limitations of claim 2 as noted above. Soon-Shiong further discloses A non-transitory, computer-readable medium storing instructions that, when executed by a computer system for virtually managing an inventory in an e-commerce environment for replenishment and purchase of consumable components, configures the computer system to (Soon-Shiong: [0029][0032-0033][0045][0075]). Claim 21 is therefore rejected for the reasons set forth above in claim 2 and in this paragraph.
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Soon-Shiong in view of Lipsey in view of Allin, and further in view of newly cited U.S Patent Application No. 2007/0135965 A1 to Nguyen et al., hereinafter Nguyen.
Regarding Claim 6, Soon-Shiong, Lipsey and Allin teach the limitations of claim 2.
Soon-Shiong further discloses wherein the virtual assortment interface, based on selection of the retailer and the user, is configured to display said virtual storage structure amongst the plurality of virtual drawers. However, Soon-Shiong in view of Lipsey in view of Allin does not explicitly teach wherein the interface is configured to simulate opening and closing of virtual drawers.
Soon-Shiong further discloses wherein the virtual assortment interface, based on selection of the retailer and the user, is configured to display said virtual storage structure amongst the plurality of virtual storage structures ([0075] a dynamic planogram is used to generate a virtual marketplace based on a template corresponding to a real planogram used in an actual store to present product displays on fixtures (e.g., shelves, racks, cases, freezers, etc.)… the planogram can represent a physical freezer… if a frozen pizza is removed from the physical freezer (e.g., for purchase by a shopper), the frozen pizza can be removed from the virtual freezer in real-time; see [0063][Fig. 4] display 420 presents two virtual shelves 460 and 461; [0077-0081] representations of items can be placed within a position of a virtual marketplace according to… slots purchased by vendors). However, Soon-Shiong does not explicitly teach wherein virtual storage structures are virtual drawers; and the interface is configured to simulate opening and closing of virtual drawers.
Lipsey, on the other hand, teaches wherein virtual storage structures are virtual drawers ([Fig. 2][0054] the circled number 2 in the GUI illustrates a graphical image depicting the toolbox… including graphical images of the drawers, and the drawer from which the tools were issued may be highlighted; [0061] FIG. 7 illustrates an exemplary GUI 700 of a dashboard screen including a graphical image 710 depicting the tool control storage device 106).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the inventory control/management method as taught by Soon-Shiong, to include wherein virtual storage structures are virtual drawers, as taught by Lipsey, for the same reasons discussed above with respect to claim 1.
While Soon-Shiong teaches wherein the virtual assortment interface, based on selection of the retailer and the user, is configured to display said virtual storage structure amongst the plurality of storage structures, and Lipsey teaches wherein virtual storage structures are drawers, Soon-Shiong in view of Lipsey does not explicitly teach wherein the interface is configured to simulate opening and closing of virtual drawers.
However, in the field of storing and tracking items (see at least [abstract][0013]), Nguyen, on the other hand, teaches wherein the interface is configured to simulate opening and closing of virtual drawers ([0087-0088] the user may open any unlocked drawer at block 506 to access an item in that drawer… After opening a drawer, a virtual layout of the storage spaces in the opened drawer is displayed on the touch screen at block 508; see [Fig. 20] step 508 “virtual drawer layout” of opened drawer displayed on touch screen; [0090] After removing an item, the user at block 514 may scan the bar code label 82 on the removed item in order to record the transaction; [0102] When all items in that drawer have been removed and the user closes the drawer, the control unit 18 assigns usage of the removed items to the selected patient case at block 1010 and records the transaction. Thereafter, items to be removed from the drawer below are highlighted).
The steps of Nguyen are applicable to the method of Soon-Shiong in view of Lipsey in view of Allin, as they share characteristics and capabilities, namely, they are directed to storing and tracking items. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the item storage and tracking method as taught by Soon-Shiong in view of Lipsey in view of Allin, to include wherein the interface is configured to simulate opening and closing of virtual drawers, as taught by Nguyen. One of ordinary skill in the art at the time of filing would have been motivated to expand the item storage and tracking method of Soon-Shiong in view of Lipsey in view of Allin in order to reduce the potential for tracking errors to occur in item storage and tracking systems (Nguyen, [0012]).
Claim 15 recites a system comprising substantially similar limitations as claim 6. All limitations as recited have been analyzed and rejected with respect to claim 6, and do not introduce any additional narrowing of the scopes of the claims as analyzed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/ZACHARY RYAN DONAHUE/Examiner, Art Unit 3689
/VICTORIA E. FRUNZI/Primary Examiner, Art Unit 3689 6/9/2026
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