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 .
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Under Step 1, claims are directed to at least one statutory category: apparatus, or method or system.
Under Step 2A, Prong 1, Claim 1 or claim 8 or claim 14 is directed to an abstract idea of a registration component configured to register a plurality of types of identification information related to identification of a user; a determination component configured to determine, from the plurality of types of identification information, a type of each of a plurality of pieces of the identification information used for the identification of the user; an identification component configured to identify the user based on the identification information corresponding to a respective determined type of the plurality of pieces of the identification information and input information input from the user corresponding to the respective type of the plurality of pieces of the identification information; and a controller configured to execute a service related to a commercial transaction to purchase merchandise items, selected by the user, based on a confirmation of an identity associated with the user. This concept of conducting merchandise sales data processing fall under the abstract idea category of certain methods of organizing human activity, specifically commercial or legal interactions as it is directed to sales activities or behaviors.
Under Step 2A, Prong Two, the additional elements recited in claim 1 or claim 8 or 14 include: in a memory. These additional limitations do not integrate the judicial exception into a practical application. In particular, the claimed computer components, receiving and transmitting data are amount to no more than mere instructions to apply the exception using a generic computer system, which is not indicative of integration into a practical application; see MPEP 2106.05(f). The additional element of system and display amount to no more than merely linking the general technology to the judicial exception without significantly more and, in the alternative, mere insignificant extra-solution activity to gather data used in the claimed system. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Under Step 2B, the claimed invention is considered as a whole whether the additional elements individually or as an ordered combination amount to an inventive concept. Upon further determination, the claims do not integration of the abstract idea into a practical application, the additional element of in a memory is recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer system, and recites the steps of data manipulation. Mere instructions to apply an exception using a generic memory and/or adding insignificant extra-solution activity to the judicial exception is not indicative of an inventive concept. The sending and receiving data over a network have been determined by the courts to be well-known, conventional and routine functions, see MPEP 2106.05(d)(II)(i). Therefore, claim 1, claim 8 or/and claim 14 is/are not patent eligible.
As for dependent claims 2-7, these claims recite limitation that further define the same abstract idea noted in claim 1. Therefore, they are considered patent ineligible for the reasons given above.
As for dependent claims 9-13, these claims recite limitation that further define the same abstract idea noted in claim 8. Therefore, they are considered patent ineligible for the reasons given above.
As for dependent claims 15-20, these claims recite limitation that further define the same abstract idea noted in claim 14. Therefore, they are considered patent ineligible for the reasons given above.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
The applicant amended the claims, the examiner has updated the 35 U.S.C. §101 base on applicant’s amendment.
In response to applicant’s argument that the claims do not recite an abstract idea, the examiner respectfully disagrees. Claims are directed to an abstract idea of a registration component configured to register a plurality of types of identification information related to identification of a user; a determination component configured to determine, from the plurality of types of identification information, a type of each of a plurality of pieces of the identification information used for the identification of the user; an identification component configured to identify the user based on the identification information corresponding to a respective determined type of the plurality of pieces of the identification information and input information input from the user corresponding to the respective type of the plurality of pieces of the identification information; and a controller configured to execute a service related to a commercial transaction to purchase merchandise items, selected by the user, based on a confirmation of an identity associated with the user. This concept of conducting merchandise sales data processing fall under the abstract idea category of certain methods of organizing human activity, specifically commercial or legal interactions as it is directed to sales activities or behaviors. Therefore, the applicant’s argument is not persuasive.
In response to applicant’s argument to 101 rejections that the claims are directed to an abstract idea and the limitations in the claims amount to significantly more than the alleged abstract idea, the examiner respectfully disagrees. The claims are not eligible under the two-pronged analysis set forth in Alice Corp as shown in the office action rejections described above. The claimed invention does not recite improvement to another technology or another technical field or the computing device. The claimed invention does not recite any improvement to the functioning of the computer system itself. Therefore, applicant’s argument is not persuasive.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to I JUNG LIU whose telephone number is (571)270-1370. The examiner can normally be reached Monday-Friday.
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I JUNG LIU
Examiner
Art Unit 3695
/I JUNG LIU/Primary Examiner, Art Unit 3695