DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 8 and 15 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 9 and 15 of U.S. Patent No. 11568478. Although the claims at issue are not identical, they are not patentably distinct from each other because all the elements of the application claims 1, 8 and 15 are to be found in patent claims 1, 9 and 15. The difference between the application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus more specific. Thus the invention of claims 1, 9 and 15 of the patent is in effect a “species” of the “generic” invention of the application claims 1, 8 and 15. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 1, 8 and 15 are anticipated by claims 1, 9 and 15 of the patent, it is not patentably distinct from the claims of the patent.
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 non-statutory subject matter (a judicial exception without significantly more). Claims are eligible for patent protection under § 101 if they are in one of the four statutory categories and not directed to a judicial exception to patentability. Alice Corp. v. CLS Bank Int'l, 573 U.S. 208 (2014). Claims 1-20, each considered as a whole and as an ordered combination, are directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 recites a method. Claim 8 recites a system. Claim 15 recites a non-transitory computer-readable medium.
Step 2A, prong 1: Claim 8 recites the abstract idea of providing funds in the selling environment. This idea is described by the following steps:
generating an item listing by at least listing an item for sale;
transmitting/sending to a lender the item listing and a request for a monetary amount to be distributed to a seller account; and
receiving a confirmation that the monetary amount has been distributed to the seller account.
Claims 1 and 15 recite equivalent limitations.
This idea falls into the certain methods of organizing human activity grouping of abstract ideas as it is directed towards commercial interactions including advertising, marketing or sales activities or behaviors (i.e., request for a monetary amount).
Step 2A, prong 2: Claims 1, 8 and 15 recite additional elements that fail to integrate the abstract idea into practical application.
Claims 1, 8 and 15 recite a processor, a memory and one or more non-transitory, computer-readable media storing instructions that are executable by the one or more processors to cause the computing system to perform operations. However, these elements are generic computing components (see at least paragraph 028) that are simply used to perform operations that would otherwise be abstract (see MPEP2106.05(f)).
Claims 1, 8 and 15 also recites the limitations “logging in to an e-commerce platform using seller authentication information”. However, these limitations are considered insignificant extra solution activity as they amount to necessary data gathering and outputting, wherein all uses of the recited abstract idea require such data gathering and data output (see2106.05(g)).
They are not "additional elements" to be analyzed under this part of the framework, and merely serve to add a general link to a technological environment in which the abstract idea/commercial interaction is carried out, and instructions to apply (execute) it. The additional elements do not amount to significantly more for the same reasons they do not integrate the abstract idea into a practical application (i.e., that they merely provide a general link to a particular technological environment and instructions to "apply it").
Step 2B: Claims 1, 8 and 15 fail to recite additional elements that amount to an inventive concept.
For the reasons identified with respect to Step 2A, prong 2, claims 1, 8 and 15 fail to recite additional elements that amount to an inventive concept. For example, use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more (see MPEP 2106.05(g)).
With respect to the limitations determined to be insignificant extra solution activity, these elements are similar to at least the following concepts determined by the courts to be insignificant extra solution activity that does not amount to significantly more than the abstract idea:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information). Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93.
Dependent Claims Step 2A:
The limitations of the dependent claims merely set forth further refinements of the abstract idea identified at step 2A—Prong One, without changing the analysis already presented. Additionally, for the same reasons as above, the limitations fail to integrate the abstract idea into a practical application because they use the same general technological environment and instructions to implement the abstract idea as the independent claims identified at step 2A—Prong Two.
Dependent Claims Step 2B:
The dependent claims merely use the same general technological environment and instructions to implement the abstract idea. These do not amount to significantly more for the same reasons they fail to integrate the abstract idea into a practical application. Moreover, the Specification also indicates this is the routine use of known components for the same reasons presented with respect to the elements in the independent claims above.
Thus, when considering the combination of elements and the claimed invention as a whole, the claims are not patent eligible.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
The prior art of record neither anticipates nor renders obvious the combination of: logging in to an e-commerce platform using seller authentication information; generating an item listing by at least listing an item for sale on the e-commerce platform; transmitting, to a lender device, the item listing and a request for a monetary amount to be distributed to a seller account; and receiving a confirmation that the monetary amount has been distributed to the seller account.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20020099655 to Melchior et al. discloses facilitating seller financing and advance payment for sellers in a full-service trade system wherein the financing comprises a loan provided to the seller by a lender.
US 20060149665 to Weksler discloses a method and a system for facilitating lending between private parties, the private parties including a lendee and at least one lender. For example, a loan request from a lendee may be received, the loan request sent to at least one lender, the lender indicating acceptance of the loan request, notifying the lendee of the acceptance and transferring funds from a financial account of the lender to a financial account of the lendee.
US 20060116957 to May et al. discloses a method and a system to transfer payment to a seller associated with a transaction facility. In one aspect, a risk level involved in a payment transaction using a scoring algorithm is evaluated based on seller-specific criteria; and a payment is processed based on the evaluation.
US 20050278244 to Yuan discloses a system and method for conducting on-line auctions wherein sellers can apply for a loan and if seller does qualify for the loan factoring agreement, the appropriate loan factoring agreement may be entered established and seller may then transact-business via auction with the enhanced benefits of this type of factoring agreement. That is, seller may sell goods or services and borrow against its accounts receivable.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey A. Smith can be reached at (571) 272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MILA AIRAPETIAN/Primary Examiner, Art Unit 3688