DETAILED ACTION
Status of the Application
The following is a Final Office Action. In response to Examiner's communication of October 17, 2025, Applicant, on February 16, 2026, amended claims 1, 3, & 4, canceled claims 5-20, and added claims 21-31. Claim 2 was previously canceled. Claims 1,3, 4, & 21-31 are now pending in this application and have been rejected below.
The Information Disclosure Statement filed on April 8, 2026 has been acknowledged and considered.
The present application is being examined under the pre-AIA first to invent provisions. 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 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.
Response to Amendment
Applicant's amendments are sufficient to overcome the claim objections set forth in the previous action. Therefore, these objections are withdrawn.
Applicant's amendments to are not sufficient to overcome the 35 USC 101 rejections set forth in the previous action. Therefore, these rejections are updated and maintained below.
Applicant's amendments to are not sufficient to overcome the 35 USC 102 rejections set forth in the previous action. Therefore, these rejections are updated and maintained below.
Response to Arguments - 35 USC § 101
Applicant’s arguments with respect to the 35 USC 101 rejections have been fully considered, but they are not persuasive.
Applicant argues that the amended claims recite meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment to transform the judicial exception into patent-eligible subject matter and the dependent claims recite a number of further meaningful limitations that recite significantly more than the abstract idea alleged in the Office Action. Examiner respectfully disagrees.
Pursuant to 2019 Revised Patent Subject Matter Eligibility Guidance, in order to determine whether a claim is directed to an abstract idea, under Step 2A, we first (1) determine whether the claims recite limitations, individually or in combination, that fall within the enumerated subject matter groupings of abstract ideas (mathematical concepts, certain methods of organizing human activity, or mental processes), and (2) determine whether any additional elements beyond the recited abstract idea, individually and as an ordered combination, integrate the judicial exception into a practical application. 84 Fed. Reg. 52, 54-55. Next, if a claim (1) recites an abstract idea and (2) does not integrate that exception into a practical application, in order to determine whether the claim recites an “inventive concept,” under Step 2B, we then determine whether any of the additional elements beyond the recited abstract idea, individually and in combination, are significantly more than the abstract idea itself. 84 Fed. Reg. 56.
Under the first prong of Step 2A, claim 1, and similarly claims 3, 4, & 21-31, recites “receiving … data comprising a name of a company, products and services to be sold by the company, and sustainability practices of the company, the sustainability practices comprising a proportion of the products that are sustainable to the products that are non-sustainable; vetting … the received data based on predefined sustainability criteria; computing, via the processor, based at least in part on the vetted data, a sustainability ranking, a badge parameter, and an environmental impact measurement; … a plurality of pages to: sort products and services of a plurality of companies by sustainable preference, price, and category in a first page of the plurality of pages based on a user using … on the first page; enter details of a new product or service, using a second page of the plurality of pages, to add the new product or service … for the company based on the company entering … details … of the second page; and display the environmental impact measurement in an impact tracker display ….” Claims 1, 3, 4, & 21-31, in view of the claim limitations, recite the abstract idea of receiving information regarding a company and items sold, vetting the information based on sustainability criteria, computing metrics regarding sustainability rankings, a badge, and an environmental impact measurement, and outputting the resulting computed metrics.
As a whole, in view of the claim limitations, but for the computer components and systems performing the claimed functions, the broadest reasonable interpretation of the recited receiving information regarding a company and items sold, vetting the information based on sustainability criteria, computing metrics regarding sustainability rankings, a badge, and an environmental impact measurement, and outputting the resulting computed metrics could all be reasonably interpreted as a human making observations of data regarding companies offering products and services, a human using judgment and evaluating the observed data to vet the information and compute the metrics based on the observed information, and a human outputting the metrics manually and/or with a pen and pages of paper; therefore, the claims recite mental processes. Further, all the limitations above are directed to managing the sales and marketing activity of entities offering products and services by receiving information regarding a company and items sold, vetting the information based on sustainability criteria, computing metrics regarding sustainability rankings, a badge, and an environmental impact measurement of the company and products and services sold by the company, and outputting the resulting computed metrics regarding the company and products and services sold by the company to interested parties; therefore, the claims recite certain methods of organizing human activities. Accordingly, the claims recite mental processes and certain methods of organizing human activities, and thus, the claims recite an abstract idea under the first prong of Step 2A.
This judicial exception is not integrated into a practical application under the second prong of Step 2A. In particular, the claims recite the additional elements beyond the recited abstract idea of “[a] computer-implemented method implemented by a processor executing computer readable instructions implementing a network-accessible platform, the computer-implemented method comprising,” “via the processor,” “configuring, via the processor, graphical user interfaces comprising a plurality of pages,” “via a user computing device, a first graphical user interface control element on the first page,” “via a company computing device, … using a second graphical user interface control element of the second page,” and “display on the user computing device and on the company computing device” in claim 1, and similarly claims 3, 4, & 21-31, “devices” in claim 4, “ “a database” in claim 24, “blockchain-based” in claim 25, and “a database” in claim 31; however, individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea on a computer (i.e. apply it), and thus, are no more than applying the abstract idea with generic computer components. Moreover, aside from the aforementioned additional elements, the remaining elements of dependent claims 3, 4, & 21-31 do not integrate the abstract idea into a practical application because these claims merely recite further limitations that provide no more than simply narrowing the recited abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception under Step 2B. As noted above, the aforementioned additional elements beyond the recited abstract idea, as an order combination, are no more than mere instructions to implement the idea using generic computer components (i.e., apply it), and further, generally link the abstract idea to a field of use, which is not sufficient to amount to significantly more than an abstract idea; therefore, the additional elements are not sufficient to amount to significantly more than an abstract idea. Additionally, these recitations as an ordered combination, simply append the abstract idea to recitations of generic computer structure performing generic computer functions that are well-understood, routine, and conventional in the field as evinced by Applicant’s Specification at [0227] (describing the embodiments may be used as software programs or software modules executed upon some form of processing core, such as the CPU of a computer). Furthermore, as an ordered combination, these elements amount to generic computer components performing repetitive calculations, receiving or transmitting data over a network, which, as held by the courts, are well-understood, routine, and conventional. See MPEP 2106.05(d); July 2015 Update, p. 7. Moreover, aside from the aforementioned additional elements, the remaining elements of dependent claims 3, 4, & 21-31 do not transform the recited abstract idea into a patent eligible invention because these claims merely recite further limitations that provide no more than simply narrowing the recited abstract idea.
Looking at these limitations as an ordered combination adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use a generic arrangement of generic computer components and recitations of generic computer structure that perform well-understood, routine, and conventional computer functions that are used to “apply” the recited abstract idea. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claims as a whole amount to significantly more than the abstract idea itself. Since there are no limitations in these claims that transform the exception into a patent eligible application such that these claims amount to significantly more than the exception itself, claims 1, 3, 4, & 21-31 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Response to Arguments - 35 USC § 101
Applicant’s arguments with respect to the prior art rejections have been fully considered, but they are not persuasive.
Applicant asserts Phung does not disclose the particular graphical user interface with a plurality of pages configured to “sort products and services of a plurality of companies by sustainable preference, price, and category in a first page of the plurality of pages based on a user using, via a user computing device, a first graphical user interface control element on the first page; enter details of a new product or service, using a second page of the plurality of pages, to add the new product or service to the network-accessible platform for the company based on the company entering, via a company computing device, details using a second graphical user interface control element of the second page; and display the environmental impact measurement in an impact tracker display on the user computing device and on the company computing device,” as recited in amended claim 1. Examiner respectfully disagrees.
Contrary to Applicant’s assertions, the features Applicant asserts are not disclosed by Phung (US 20140337145 A1), hereinafter Phung, are indeed disclosed by Phung as follows.
Phung discloses “configuring, via the processor, graphical user interfaces comprising a plurality of pages to” in paragraphs [0039], the dashboard 100 may be differently configured for different stakeholders (i.e. GUIs comprising a plurality of pages), stakeholders may include, for example, the building owner, the business owner, prospective customers interested in the products or services used or offered, [0011], the dashboard 100 may be configurable by the user according to a variety of different categories of information, and the dashboard 100 draws the desired and user-configurable green information.
Phung discloses “sort products and services of a plurality of companies by sustainable preference, price, and category in a first page of the plurality of pages based on a user using, via a user computing device, a first graphical user interface control element on the first page” in paragraphs [0021], for example, a customer checks his/her smartphone App for local businesses, pulls up a dashboard 100 and sees member several shops with different green ratings, clicks on the 3-leaf location because it has a high green rating and currently has a special on a recycled coffee mug that she wants to buy, and the customer may signal, on her App, her desire to become part of a group buy for such espresso makers, and while the espresso maker is on the group buying list, the App may be configured to look for comparable products, perhaps at a better price and exhibiting greener qualities, [0026], the user may utilize the mobile computing device 302 and the App loaded thereon to query the brand, model, specifications, prices, service providers and the like associated with items within the retail or business establishment.
Phung discloses “enter details of a new product or service, using a second page of the plurality of pages, to add the new product or service to the network-accessible platform for the company based on the company entering, via a company computing device, details using a second graphical user interface control element of the second page” in paragraphs [0008], each business or individual that configures a dashboard such as shown at 100 in FIG. 1 is considered a member, [0029]-[0031], service providers (architects, designers, contractors, subcontractors, engineers) and vendors (OEM's, distributors, handlers) may utilize the dashboard 100 (i.e., using a second page and second graphical user interface) to share and marketing to potential customers, and retail businesses may market products that are green at their business location (whether indoors or outdoors), e.g., smart thermostats and electric vehicles, green items or services listed on the dashboard 100 may be geo-located (using indoor GPS, for example) in a retail environment.
Phung discloses “display the environmental impact measurement in an impact tracker display on the user computing device and on the company computing device” in paragraphs [0039], the dashboard 100 may be differently configured for different stakeholders, stakeholders may include, for example, the building owner, the business owner, prospective customers, [0008], [0011], a business owner, through the dashboard 100, may tweet achieved certifications on the building, the dashboard 100 may be configurable by the user according to a variety of different categories of information, the dashboard 100 draws the desired and user-configurable green information, and e.g., businesses may be rated, as shown at 116, according to a "green rating" scale, and the dashboard 100 may also display the desired green rating and the current green rating, [0021], a customer can check his/her smartphone App for local businesses, pull up a dashboard 100, see member several shops with different green ratings, and click on the 3-leaf location.
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, 3, 4, & 21-31 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims (claim 1, and similarly claims 3, 4, & 21-31) recite “receiving … data comprising a name of a company, products and services to be sold by the company, and sustainability practices of the company, the sustainability practices comprising a proportion of the products that are sustainable to the products that are non-sustainable; vetting … the received data based on predefined sustainability criteria; computing, via the processor, based at least in part on the vetted data, a sustainability ranking, a badge parameter, and an environmental impact measurement; … a plurality of pages to: sort products and services of a plurality of companies by sustainable preference, price, and category in a first page of the plurality of pages based on a user using … on the first page; enter details of a new product or service, using a second page of the plurality of pages, to add the new product or service … for the company based on the company entering … details … of the second page; and display the environmental impact measurement in an impact tracker display ….” Claims 1, 3, 4, & 21-31, in view of the claim limitations, recite the abstract idea of receiving information regarding a company and items sold, vetting the information based on sustainability criteria, computing metrics regarding sustainability rankings, a badge, and an environmental impact measurement, and outputting the resulting computed metrics.
As a whole, in view of the claim limitations, but for the computer components and systems performing the claimed functions, the broadest reasonable interpretation of the recited receiving information regarding a company and items sold, vetting the information based on sustainability criteria, computing metrics regarding sustainability rankings, a badge, and an environmental impact measurement, and outputting the resulting computed metrics could all be reasonably interpreted as a human making observations of data regarding companies offering products and services, a human using judgment and evaluating the observed data to vet the information and compute the metrics based on the observed information, and a human outputting the metrics manually and/or with a pen and pages of paper; therefore, the claims recite mental processes. Further, all the limitations above are directed to managing the sales and marketing activity of entities offering products and services by receiving information regarding a company and items sold, vetting the information based on sustainability criteria, computing metrics regarding sustainability rankings, a badge, and an environmental impact measurement of the company and products and services sold by the company, and outputting the resulting computed metrics regarding the company and products and services sold by the company to interested parties; therefore, the claims recite certain methods of organizing human activities. Accordingly, the claims recite mental processes and certain methods of organizing human activities, and thus, the claims recite an abstract idea under the first prong of Step 2A.
This judicial exception is not integrated into a practical application under the second prong of Step 2A. In particular, the claims recite the additional elements beyond the recited abstract idea of “[a] computer-implemented method implemented by a processor executing computer readable instructions implementing a network-accessible platform, the computer-implemented method comprising,” “via the processor,” “configuring, via the processor, graphical user interfaces comprising a plurality of pages,” “via a user computing device, a first graphical user interface control element on the first page,” “via a company computing device, … using a second graphical user interface control element of the second page,” and “display on the user computing device and on the company computing device” in claim 1, and similarly claims 3, 4, & 21-31, “devices” in claim 4, “ “a database” in claim 24, “blockchain-based” in claim 25, and “a database” in claim 31; however, individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea on a computer (i.e. apply it), and thus, are no more than applying the abstract idea with generic computer components. Moreover, aside from the aforementioned additional elements, the remaining elements of dependent claims 3, 4, & 21-31 do not integrate the abstract idea into a practical application because these claims merely recite further limitations that provide no more than simply narrowing the recited abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception under Step 2B. As noted above, the aforementioned additional elements beyond the recited abstract idea, as an order combination, are no more than mere instructions to implement the idea using generic computer components (i.e., apply it), and further, generally link the abstract idea to a field of use, which is not sufficient to amount to significantly more than an abstract idea; therefore, the additional elements are not sufficient to amount to significantly more than an abstract idea. Additionally, these recitations as an ordered combination, simply append the abstract idea to recitations of generic computer structure performing generic computer functions that are well-understood, routine, and conventional in the field as evinced by Applicant’s Specification at [0227] (describing the embodiments may be used as software programs or software modules executed upon some form of processing core, such as the CPU of a computer). Furthermore, as an ordered combination, these elements amount to generic computer components performing repetitive calculations, receiving or transmitting data over a network, which, as held by the courts, are well-understood, routine, and conventional. See MPEP 2106.05(d); July 2015 Update, p. 7. Moreover, aside from the aforementioned additional elements, the remaining elements of dependent claims 3, 4, & 21-31 do not transform the recited abstract idea into a patent eligible invention because these claims merely recite further limitations that provide no more than simply narrowing the recited abstract idea.
Looking at these limitations as an ordered combination adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use a generic arrangement of generic computer components and recitations of generic computer structure that perform well-understood, routine, and conventional computer functions that are used to “apply” the recited abstract idea. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claims as a whole amount to significantly more than the abstract idea itself. Since there are no limitations in these claims that transform the exception into a patent eligible application such that these claims amount to significantly more than the exception itself, claims 1, 3, 4, & 21-31 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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, 3, 4, 21-23, & 26-31 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Phung (US 20140337145 A1), hereinafter Phung.
Regarding claim 1, Phung discloses a computer-implemented method implemented by a processor executing computer readable instructions implementing a network-accessible platform, the computer-implemented method comprising (Abstract, [0024]):
receiving, via the processor, data comprising a name of a company ([0009], [0011], a dashboard 100 configurable by the user according to information may be stored in one or more databases from which the dashboard 100 draws the desired green information, e.g., the dashboard 100 may display the company name and profile 114, populated upon registration and/or may be drawn from an external source, such as a public or licensed databases, wherein such information may be stored in one or more databases selectively accessible over a computer network, from which the dashboard 100 draws the desired and user-configurable green information), a products and services to be sold by the company ([0029]-[0031], service providers (architects, designers, contractors, subcontractors, engineers) and vendors (OEM's, distributors, handlers) may utilize the dashboard 100 to share and showcase marketing to potential customers viewing the business or building, and retail businesses may market products that are green at their business location (whether indoors or outdoors), e.g., smart thermostats and electric vehicles, green items or services listed on the dashboard 100 may be geo-located (using indoor GPS, for example) in a retail environment such as, and customers may be encouraged to search for and find a number of these items using clues from a mobile App, e.g., within the context of group buys, a message detailing an on-going group buy opportunity may be displayed on the person's mobile device, wherein the on-going group buy opportunity may have originated with the building owner or the building owner may have joined a pre-existing group buy, and this group buy opportunity may be joined by the person approaching or by stakeholders nearby, and that person and/or stakeholder may then request to join the existing group buy), and sustainability practices of the company, the sustainability practices comprising a proportion of the products that are sustainable to the products that are non-sustainable ([0009], [0011], the dashboard 100 showcases an individual's or a company's green certificates, certifications (such as the United States Green Building Council LEED scoring of platinum/gold/silver projects, green-e, Masdar's The Future Build's Estidama Pearl ratings, etc.) and awards (green building design awards) or best practices (a white paper written up describing the process used), [0040], each seller (vendor or service provider) may receive a green rating based on saving energy, saving water, minimizing waste, recycled content, VOC content, durability, bio-based content, reusability, renewable energy, recycled packaging, as part of specifying requirements or qualified green materials lists for a project, [0029]-[0031], service providers (architects, designers, contractors, subcontractors, engineers) and vendors (OEM's, distributors, handlers) may utilize the dashboard 100 to share and showcase completed green projects or green products purchased for case studies or marketing to potential customers viewing the business or building, and retail businesses may market products that are green at their business location (whether indoors or outdoors), for materials used include information, e.g., insulation behind walls, brands of products, a solar on a rooftop, paint color or certification, LEED certifications points awarded, the confirmation of the criteria (reduces waste, low VOC, etc.) met in order to obtain the LEED certifications points, smart temp controls, as well as healthy material),
vetting, via the processor, the received data based on predefined sustainability criteria;
computing, via the processor, based at least in part on the vetted data, a sustainability ranking, a badge parameter, and an environmental impact measurement ([0021], [0038], the dashboard 100 showing a green rating close to a current location, allows company compliance to be verified with green mandates and incentives, and the dashboard 100 may be updated regularly with use metrics, [0011], [0040], wherein seller’s (vendor’s or service provider’s) products or services may be scored and green-rated based on products certifications or environmentally friendly claims such as recycled content, VOC content, durability, bio-based content, reusability, renewable energy, recycled packaging, or maintenance/cleaning, for example for procurement as part of specifying requirements or qualified green materials lists for a project, [0013], if the social media approvals (e.g., likes, +1 or +green) reach a predetermined level, the member's leaf rating may be adjusted accordingly);
configuring, via the processor, graphical user interfaces comprising a plurality of pages to ([0039], the dashboard 100 may be differently configured for different stakeholders, stakeholders may include, for example, the building owner, the business owner, prospective customers interested in the products or services used or offered, [0011], the dashboard 100 may be configurable by the user according to a variety of different categories of information, and the dashboard 100 draws the desired and user-configurable green information):
sort products and services of a plurality of companies by sustainable preference, price, and category in a first page of the plurality of pages based on a user using, via a user computing device, a first graphical user interface control element on the first page ([0021], for example, a customer checks his/her smartphone App for local businesses, pulls up a dashboard 100 and sees member several shops with different green ratings, clicks on the 3-leaf location because it has a high green rating and currently has a special on a recycled coffee mug that she wants to buy, and the customer may signal, on her App, her desire to become part of a group buy for such espresso makers, and while the espresso maker is on the group buying list, the App may be configured to look for comparable products, perhaps at a better price and exhibiting greener qualities, [0026], the user may utilize the mobile computing device 302 and the App loaded thereon to query the brand, model, specifications, prices, service providers and the like associated with items within the retail or business establishment);
enter details of a new product or service, using a second page of the plurality of pages, to add the new product or service to the network-accessible platform for the company based on the company entering, via a company computing device, details using a second graphical user interface control element of the second page ([0008], each business or individual that configures a dashboard such as shown at 100 in FIG. 1 is considered a member, [0029]-[0031], service providers (architects, designers, contractors, subcontractors, engineers) and vendors (OEM's, distributors, handlers) may utilize the dashboard 100 to share and marketing to potential customers, and retail businesses may market products that are green at their business location (whether indoors or outdoors), e.g., smart thermostats and electric vehicles, green items or services listed on the dashboard 100 may be geo-located (using indoor GPS, for example) in a retail environment); and
display the environmental impact measurement in an impact tracker display on the user computing device and on the company computing device ([0039], the dashboard 100 may be differently configured for different stakeholders, stakeholders may include, for example, the building owner, the business owner, prospective customers, [0008], [0011], a business owner, through the dashboard 100, may tweet achieved certifications on the building, the dashboard 100 may be configurable by the user according to a variety of different categories of information, the dashboard 100 draws the desired and user-configurable green information, and e.g., businesses may be rated, as shown at 116, according to a "green rating" scale, and the dashboard 100 may also display the desired green rating and the current green rating, [0021], a customer can check his/her smartphone App for local businesses, pull up a dashboard 100, see member several shops with different green ratings, and click on the 3-leaf location).
Regarding claim 3, Phung discloses the computer-implemented method of claim 1 (as above), further comprising measuring and tracking, via the processor, supply chain data associated with packaging, shipping ([0040], each seller (vendor or service provider) and their product or service may be scored and green-rated (based on products certifications or environmentally friendly claims such as saving energy, recycled packaging) (i.e. packaging and shipping data) for procurement as part of specifying requirements or qualified green materials lists for a project), and sustainable supply-chain ([0037], building owner, having imported and/or input building information into the database supporting the dashboard 100, may then use such data in partnership with vendors or service providers to market products or materials in his or her building and/or services used during the construction thereof) and using, via the processor, the measured and tracked supply chain data to update the environmental impact measurement, the sustainability ranking, and the badge ([0038], the dashboard 100 may be updated regularly with use metrics, and both compliance and the ease with which such compliance may be verified may be enhanced to verify compliance with green mandates and incentives).
Regarding claim 4, Phung discloses the computer-implemented method of claim 1 (as above), further comprising: receiving, from devices associated with parties comprising one or more of users, the plurality of companies, customers, employees, partners, and suppliers, informational data related to relationships between the parties; and processing the received informational data to update the environmental impact measurement, the sustainability ranking, and the badge parameter ([0029], service providers (architects, designers, contractors, subcontractors, engineers) and vendors (OEM's, distributors, handlers) may utilize the dashboard 100 to share and showcase completed green projects or green products purchased for case studies or marketing to potential customers viewing the business or building, [0008], each business or individual that configures a dashboard such as shown at 100 in FIG. 1, may be considered to be a "member", [0039], the dashboard 100 may be differently configured for different stakeholders, which may include the building owner, the business owner, hired service providers, architects, contractors, engineers, consultants, persons visiting the location and/or prospective customers interested in the products or services used or offered); and wherein the input and computing processor is further configured to use the received informational data in computing the climate impact measurement, rating, and badge elevation output parameters ([0021], when a customer uses her credit card to make the purchase with a member coffee shop company, the credit card company may then send some information related to the purchase back to the member company, which may affect the company's green rating).
Regarding claim 21, Phung discloses the computer-implemented method of claim 1 (as above), wherein the products and services of the plurality of companies are sorted ([0021], for example, a customer checks his/her smartphone App for local businesses, pulls up a dashboard 100 and sees member several shops with different green ratings, clicks on the 3-leaf location because it has a high green rating) based at least in part on the proportions of products that are sustainable to the products that are non-sustainable of each company of the plurality of companies ([0040], each seller may receive a green rating based on saving energy, saving water, minimizing waste, recycled content, VOC content, bio-based content, renewable energy, recycled packaging, as part of specifying requirements or qualified green materials lists for a project; Examiner notes that saving energy, saving water, minimizing waste indicates the difference between the amount/proportion of non-sustainable energy, water, waste used before a savings or minimizing and the amount of the lower amount/proportion of sustainable energy, water, waste that was used in the savings and minimizing, and further, for items to be considered recycled content or recycled packaging, the items must consist of at least a particular percentage/proportion of recycled materials).
Regarding claim 22, Phung discloses the computer-implemented method of claim 1 (as above), wherein the products and services of the plurality of companies are sorted based at least in part on the ranking of each company of the plurality of companies ([0021], for example, a customer checks his/her smartphone App for local businesses, pulls up a dashboard 100 and sees member several shops with different green ratings, clicks on the 3-leaf location because it has a high green rating and currently has a special on a recycled coffee mug that she wants to buy, and the customer may signal, on her App, her desire to become part of a group buy for such espresso makers).
Regarding claim 23, Phung discloses the computer-implemented method of claim 1 (as above), further comprising displaying, by each product or service, a company name and a badge ([0011], the dashboard 100 may be configurable by the user according to a variety of different categories of information, the dashboard 100 draws the desired and user-configurable green information, and e.g., the dashboard 100 may display the company name and profile 114, the businesses may be rated, as shown at 116, according to a "green rating" scale)., wherein the badge is based at least in part on the badge parameter of each company of the plurality of companies ([0021], [0038], the dashboard 100 showing a green rating close to a current location, allows company compliance to be verified with green mandates and incentives, and the dashboard 100 may be updated regularly with use metrics, [0011], [0040], wherein seller’s (vendor’s or service provider’s) products or services may be scored and green-rated based on products certifications or environmentally friendly claims such as recycled content, VOC content, durability, bio-based content, reusability, renewable energy, recycled packaging, or maintenance/cleaning, for example for procurement as part of specifying requirements or qualified green materials lists for a project, [0013], if the social media approvals (e.g., likes, +1 or +green) reach a predetermined level, the member's leaf rating may be adjusted accordingly).
Regarding claim 26, Phung discloses the computer-implemented method of claim 24 (as above), further comprising analyzing at least one of a current environmental impact or a long-term environmental impact of the transaction ([0021], [0038], the dashboard 100 showing a green rating close to a current location, allows company compliance to be verified with green mandates and incentives, and the dashboard 100 may be updated regularly with use metrics, [0011], [0040], wherein seller’s (vendor’s or service provider’s) products or services may be scored and green-rated based on products certifications or environmentally friendly claims such as recycled content, VOC content, durability, bio-based content, reusability, renewable energy, recycled packaging, or maintenance/cleaning, for example for procurement as part of specifying requirements or qualified green materials lists for a project, [0013], if the social media approvals (e.g., likes, +1 or +green) reach a predetermined level, the member's leaf rating may be adjusted accordingly).
Regarding claim 27, Phung discloses the computer-implemented method of claim 1 (as above), further comprising receiving from the user, via a third page of the plurality of pages, a sustainability review of the products and services ([0013], a "+green" or functionally similar approval mechanism may be implemented for the dashboard and/or other "green" sites, enabling the member to signal his or her approval of the environmental worthiness of some product, service or other member, if the approvals (e.g., likes, +1 or +green) reach a predetermined level, the member's leaf rating may be adjusted accordingly).
Regarding claim 28, Phung discloses the computer-implemented method of claim 1 (as above), further determining, via the processor, whether the products and services meet a minimum sustainability standard ([0038], with data such as performance measures tied to utility use, the database servicing the dashboard 100 may be configured to enable the verification that an entity is complying with the terms of green mandates and incentives, e.g., energy mandates sometimes require a predetermined percentage in reduction in energy, and the dashboard 100 be updated regularly with use metrics, so both compliance and the ease with which such compliance may be verified may be enhance, [0040], each seller (vendor or service provider) may receive a green rating based on the seller's (e.g., company's) green certifications and awards, their product or services, according to one embodiment, may also be scored and green-rated based on claims such as saving energy, saving water, minimizing waste, recycled content, VOC content, renewable energy, recycled packaging, as part of specifying requirements or qualified green materials lists for a project, [0013], a "+green" or functionally similar approval mechanism may be implemented for the dashboard and/or other "green" sites, enabling the member to signal his or her approval of the environmental worthiness of some product, service or other member, if the approvals (e.g., likes, +1 or +green) reach a predetermined level, the member's leaf rating may be adjusted accordingly).
Regarding claim 29, Phung discloses the computer-implemented method of claim 1 (as above), further comprising notifying, via the processor, the user (claim 1, the method includes identifying a selected location-aware device in close proximity with the respective location coordinates; generating a notification to the identified location-aware device; and sending information regarding the at least one of environmentally-friendly services, objects, materials and building characteristics to the location-aware device, [0020]-[0021], an App may enable customers and businesses to communicate information that leverages GPS information, green ratings, aggregation and/or group buying opportunities, the dashboard 100 may enable others to become informed regarding special promotions on green-rated products and services that are located in close geographic proximity, e.g., customer pulls up a dashboard 100 and sees member several coffee shops in the area with different green ratings, as shown at "G" at reference 118, she clicks on the 3-leaf coffee location because it has a high green rating and because this coffee shop currently has a special on a recycled coffee mug that she wants to buy as a gift, [0024], location-aware device in close proximity with the respective location coordinates may then signal its presence and proximity, whereupon a notification may be generated and information regarding the environmentally-friendly services, objects, materials and/or buildings may then be sent to the location-aware device) based on updates to the sustainability ranking of each company of the plurality of companies ([0038], the dashboard 100 be updated regularly with use metrics, so both compliance and the ease with which such compliance may be verified may be enhance).
Regarding claim 30, Phung discloses the computer-implemented method of claim 1 (as above), wherein sorting the products and services further comprises filtering the products and services based on sustainability certifications ([0021], customer pulls up a dashboard 100 and sees member several coffee shops in the area with different green ratings, as shown at "G" at reference 118, she clicks on the 3-leaf coffee location because it has a high green rating and because this coffee shop currently has a special on a recycled coffee mug that she wants to buy as a gift, App may be configured to add her to a group buying list for the espresso maker, and while the espresso maker is on the group buying list, the App may be configured, according to one embodiment, to look for comparable products, perhaps at a better price and exhibiting greener qualities).
Regarding claim 31, Phung discloses the computer-implemented method of claim 1 (as above), further comprising updating ([0038], the dashboard 100 be updated regularly with use metrics, so both compliance and the ease with which such compliance may be verified may be enhance, [0011], the dashboard 100 may display the current green rating), via the processor, a database with sustainability certifications from the plurality of companies ([0037], building owner, having imported and/or input building information into the database supporting the dashboard 100, may then use such data in partnership with vendors or service providers to market products or materials in his or her building and/or services used during the construction thereof, [0036], the content displayed in the dashboard 100 may include awards, certifications (LEED Platinum, Pearl, Estidama, green-e and the like), goals met (e.g., products or building not LEED-certified but has latest green technology, [0040], each seller (vendor or service provider) may receive a green rating based on the seller's (e.g., company's) green certifications and awards, and their product or services, according to one embodiment, may also be scored and green-rated (based on products certifications).
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.
Claims 24 & 25 are rejected under 35 U.S.C. 103 as being unpatentable over Phung (US 20140337145 A1), hereinafter Phung, in view of Publicover, et al. (US 20160253710 A1), hereinafter Publicover.
Regarding claim 24, Phung discloses the computer-implemented method of claim 1 (as above). Further, while Phung discloses further comprising: providing, via the processor, an intangible currency ([0030], customers may be encouraged to search for and find a number of these items using clues from a mobile App, and points, credits or discounts may be awarded for finding a selected one or a predetermined number of these green items or services for sale and finding green characteristics of the building), Phung does not necessarily disclose the remaining limitations, which however are taught by further teachings in Publicover.
Publicover teaches further comprising: providing, via the processor, an intangible currency ([0321], Arkiïs™ provisions to accommodate those Participants, wherein Participants may create a Profile and bank account and fund it with cryptocurrencies (e.g. Bitcoin)); and
recording, via the processor, a transaction by the user of the products and services of the plurality of companies using the intangible currency to a database ([0321], participants bank accounts can be funded with cryptocurrency, participants may use their Profile to purchase goods paid out of their funded bank account, such mechanisms allow the Participants to have the anonymity of cryptocurrency while still being a part of the reviewing, marketing, etc., [0246], [0250], a Consumer's Profile information, e.g., purchase history, [0037], [0297], [0334], fig. 11 depicts the sources of information for building a User's Profile in the Arkiïs system, wherein a User may populate their spending history and provide third-party confirmation in return for sharing a portion of their revenues derived from such information as illustrated in FIG. 11 with data collected by credit card and banking transactions 1170, wherein Arkiïs™ allows Consumers to link their Profiles as illustrated in FIG. 11 (User's Profile 1100) with data collected by credit card and banking transactions 1170, [0261], [0277]-[0279], an Individual User's Arkiïs™ Profile as depicted in FIG. 12 may include information such as the following examples: purchase history 1220, [0335], a User's Profile may be built from the details of their purchasing histories, [0298], Profiles are persistently stored in one or more computer databases).
Phung and Publicover are analogous fields of invention because both address the problem of scoring or rating the performance of suppliers or vendors based on metrics and certifications related to their environmentally friendly activities. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to include in the system of Phung the ability to record a transaction by the user of the products and services of the plurality of companies using the intangible currency to a database, as taught by Publicover, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the combination would produce the predictable results of recording a transaction by the user of the products and services of the plurality of companies using the intangible currency to a database, as claimed. Further, it would have been obvious to one of ordinary skill in the art to have modified Phung with the aforementioned teachings of Publicover in order to produce the added benefit of improving profits by selling increasingly targeted advertising and improving providing targeted advertising solutions. [0006], [0008], [0012].
Regarding claim 25, Phung discloses the computer-implemented method of claim 5 (as above). Further, while Phung discloses wherein the intangible currency is ([0030], customers may be encouraged to search for and find a number of these items using clues from a mobile App, and points, credits or discounts may be awarded for finding a selected one or a predetermined number of these green items or services for sale and finding green characteristics of the building), Phung does not necessarily disclose the remaining elements of the following limitation, which however are taught by further teachings in Publicover.
Publicover teaches wherein the intangible currency is blockchain-based ([0321], Arkiïs™ provisions to accommodate those Participants, wherein Participants may create a Profile and bank account and fund it with cryptocurrencies (e.g. Bitcoin)).
Phung and Publicover are analogous fields of invention because both address the problem of scoring or rating the performance of suppliers or vendors based on metrics and certifications related to their environmentally friendly activities. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to include in the system of Phung the ability for the intangible currency to be blockchain-based, as taught by Publicover, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the combination would produce the predictable results of the intangible currency js blockchain-based, as claimed. Further, it would have been obvious to one of ordinary skill in the art to have modified Phung with the aforementioned teachings of Publicover in order to produce the added benefit of improving profits by selling increasingly targeted advertising and improving providing targeted advertising solutions. [0006], [0008], [0012].
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 CHARLES A GUILIANO whose telephone number is (571)272-9859. The examiner can normally be reached Mon-Fri 10:00 am - 6:00 pm.
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CHARLES GUILIANO
Primary Examiner
Art Unit 3623
/CHARLES GUILIANO/Primary Examiner, Art Unit 3623
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