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 .
DETAILED ACTION
This communication is in responsive to the Application 18/772,955 filed on 07/15/2024.
Claims 1-9 have been examined and are pending in this application.
This Action is made Non-FINAL.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “display device configured to display;” “input device configured to receive;” “control device configured to control/update,” recited in claims 1 and 8; “control device configured to maintain/display/update;” recited in claims 2-3; “control device configured to select/display;” recited in claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swinson et al. (“Swinson,” US 2017/0109799), published on April 20, 2017.
Regarding claim 1, Swinson discloses a terminal (Figs. 2-3 and 6-9) comprising:
a display device configured to display a grade of a product and an option of the product (pars. 0088-0091; Figs. 6-7; displaying an interface enabling user to select the vehicle year, make, model, trim, condition (i.e., fair, good, excellent), engine (i.e., Vortec 6.0L, Duramax 6.6L), transmission (i.e., 6-speed automatic), and other optional features (i.e., trailering equipment, LS package, brake control, etc.));
an input device configured to receive an operation for selecting the grade and an operation for selecting the option (pars. 0088-0091; Figs. 6-7; user selects o select the vehicle year, make, model, trim, condition (i.e., fair, good, excellent), engine (i.e., Vortec 6.0L, Duramax 6.6L), transmission (i.e., 6-speed automatic), and other optional features (i.e., trailering equipment, LS package, brake control, etc.)); and
a control device configured to control the display device to display price information of the product in a state in which the grade and the option are selected (pars. 0094-0098 and 0101-0102; Figs. 2-3 and 8-9; expected sale price and list price are presented to the user), wherein:
the grade includes a first grade and a second grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; user selects o select the vehicle year, make, model, trim, condition (i.e., fair, good, excellent), engine (i.e., Vortec 6.0L, Duramax 6.6L), transmission (i.e., 6-speed automatic), and other optional features (i.e., trailering equipment, LS package, brake control, etc.)); and
the control device is configured to, in a state in which the first grade and the option are selected, when the input device receives an operation for changing grade selection from the first grade to the second grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; if the user input information for a 2009 Honda Civic LX in the 90401 zip code, as well as additional information described above, the result would be to pull the listing of vehicles by Year, Make, Model, Trim, zip code, and price), update a display of the price information to a display of the price information corresponding to the second grade while maintaining a selected state of the option selected in the first grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; expected sale price and list price are displayed on the user interface as illustrated on figure 8).
Regarding claim 2, Swinson discloses the terminal according to claim 1, wherein the control device is configured to, when the input device receives the operation for changing the grade selection from the first grade to the second grade, maintain the selected state of the option that is selectable in the second grade out of the options selected in the first grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; if the user input information for a 2009 Honda Civic LX in the 90401 zip code, as well as additional information described above, the result would be to pull the listing of vehicles by Year, Make, Model, Trim, zip code, and price).
Regarding claim 3, Swinson discloses the terminal according to claim 1, wherein the control device is configured to:
in the state in which the first grade and the option are selected, display an image of the product corresponding to the selected first grade and the selected option on the display device (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-8; image of the 2007 Chevrolet Silverado 2500 is displayed [see figure 8] after user selects said style of car, engine, and other optional features); and
when the input device receives the operation for changing the grade selection from the first grade to the second grade, update the image of the product corresponding to the first grade and the selected option to an image of the product corresponding to the second grade and the selected option (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; if the user input information for a 2009 Honda Civic LX in the 90401 zip code, as well as additional information described above, the result would be to pull the listing of vehicles by Year, Make, Model, Trim, zip code, and price).
Regarding claim 4, Swinson discloses the terminal according to claim 1, wherein the option includes at least one of an exterior color of the product, a function that is selectably provided in the product, and a function group that is a combination of a plurality of kinds of functions (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; user is able to select the vehicle year, make, model, trim, condition (i.e., fair, good, excellent), engine (i.e., Vortec 6.0L, Duramax 6.6L), transmission (i.e., 6-speed automatic), and other optional features (i.e., trailering equipment, LS package, brake control, etc.))
Regarding claim 6, Swinson discloses the terminal according to claim 1, wherein information included in the grade of the product is at least one of a fuel type, a capacity, a drive system, a displacement, and a popularity level (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; user is able to select the vehicle year, make, model, trim, condition (i.e., fair, good, excellent), engine (i.e., Vortec 6.0L, Duramax 6.6L), transmission (i.e., 6-speed automatic), and other optional features (i.e., trailering equipment, LS package, brake control, etc.).
Regarding claim 7, Swinson discloses 1he terminal according to claim 1, wherein the product includes a vehicle (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9).
Regarding claim 8, Swinson discloses a display system comprising:
a server (pars. 0033 and 0036-0037; Figs. 1 and 3); and
a terminal configured to communicate with the server (pars. 0033 and 0036-0037; Figs. 1 and 3), wherein:
the terminal includes
a display device configured to display a grade of a product and an option of the product, an input device configured to receive an operation for selecting the grade and an operation for selecting the option (pars. 0088-0091; Figs. 6-7; displaying an interface enabling user to select the vehicle year, make, model, trim, condition (i.e., fair, good, excellent), engine (i.e., Vortec 6.0L, Duramax 6.6L), transmission (i.e., 6-speed automatic), and other optional features (i.e., trailering equipment, LS package, brake control, etc.), and
a control device configured to control the display device to display price information of the product in a state in which the grade and the option are selected (pars. 0094-0098 and 0101-0102; Figs. 2-3 and 8-9; expected sale price and list price are presented to the user);
the grade includes a first grade and a second grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; user selects o select the vehicle year, make, model, trim, condition (i.e., fair, good, excellent), engine (i.e., Vortec 6.0L, Duramax 6.6L), transmission (i.e., 6-speed automatic), and other optional features (i.e., trailering equipment, LS package, brake control, etc.)); and
the control device is configured to, in a state in which the first grade and the option are selected, when the input device receives an operation for changing grade selection from the first grade to the second grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; if the user input information for a 2009 Honda Civic LX in the 90401 zip code, as well as additional information described above, the result would be to pull the listing of vehicles by Year, Make, Model, Trim, zip code, and price), generate the price information corresponding to the second grade using information received from the server and update a display of the price information to a display of the generated price information while maintaining a selected state of the option selected in the first grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; expected sale price and list price are displayed on the user interface as illustrated on figure 8).
Regarding claim 9, Swinson discloses a display method that displays price information of a product on a display by a control device, the display method executed by the control device comprising:
receiving an operation for selecting a grade of the product and an operation for selecting an option of the product (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 2-3 and 6-7);
displaying on the display the price information of the product in a state in which the grade and the option are selected, wherein the grade includes a first grade and a second grade (pars. 0088-0091, 0094-0096 and 0101-0102; Figs. 6-9; expected sale price and list price are displayed on the user interface as illustrated on figure 8); and,
in a state in which the first grade and the option are selected, when an operation for changing grade selection from the first grade to the second grade is received, updating a display of the price information to a display of the price information corresponding to the second grade while maintaining a selected state of the option selected in the first grade (pars. 0088-0091 and 0094-0096 and 0101-0102; Figs. 6-9; if the user input information for a 2009 Honda Civic LX in the 90401 zip code, as well as additional information described above, the result would be to pull the listing of vehicles by Year, Make, Model, Trim, zip code, and price); expected sale price and list price are displayed on the user interface as illustrated on figure 8).
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 of this title, 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Swinson et al. (“Swinson,” US 2017/0109799), published on April 20, 2017, in view of Andersen (US 2014/0052615), published on Feb. 20, 2014.
Regarding claim 5, Swinson discloses the terminal according to claim 1.
Swinson does not explicitly disclose the input device includes a touch panel.
However, Andersen discloses an electronic device for browsing merchants wherein the input device includes a touch panel (Andersen: par. 0113; Fig. 8-15; touch screen of the electronic device).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Andersen with the system/method of Swinson. One would have been motivated to provide users with a touch screen enabling user to browse and select merchants using a touch panel on an electronic device (Andersen: par. 0113);
The combination of Swinson and Andersen further discloses:
the control device is configured to select the grade by receiving a contact operation in a first direction on the touch panel, and display at least one of a plurality of the options by receiving a contact operation in a second direction orthogonal to the first direction on the touch panel (Swinson: pars. 0088-0091 and 0094-0096 and 0101-0102; Andersen: pars. 0113, 0051 and 0123; Figs. 8 and 14; user can swipe along a first direction to browse merchant cards, and swipe along a second direction that may be angled (e.g., orthogonal) to the first direction to view additional information about a given merchant).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Andersen with the system/method of Swinson. One would have been motivated to enable user to view and select additional information about a selected merchant (Andersen: par. 0051 and 0123).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275,277 (CCPA 1968))
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINH K PHAM whose telephone number is (571)270-3230. The examiner can normally be reached Monday-Thursday from 8:00 AM to 6:00 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William L Bashore can be reached on (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINH K PHAM/
Primary Examiner
Art Unit 2174
Prosecution Insights