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 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-17 are drawn to a mobile application which comprises a computer program/software, per se, therefore, fail(s) to fall within a statutory category of invention.
A claim directed to a mobile application/computer program/software program itself is non-statutory because it is not:
A process, or
A machine, or
A manufacture, or
A composition of matter.
A mobile application, alone, comprises purely computer program or software code and is therefore non-statutory.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dante et al. (hereafter Dante)(US PgPub 2016/0253691).
Regarding claim 1, Dante discloses a shopping list reminder mobile application (Figure 15) comprising: a mobile application that allows a user to create a list via a first feature (Figure 15 and Paragraphs 0045-0046 where the mobile app allows a user to create a shopping list); a second feature that allows the list to be sorted into a category (Figure 15 and Paragraphs 0045-0046 where the lists are sorted into category. The list illustrated in Figure 15 applies to a grocery store); a third feature that allows the list to be sorted into a subcategory within the category (Figure 1 and Paragraphs 0045-0046 where the products in the list are further sorted into select subcategories such as coupon type); a fourth feature that monitors a location of a smart device the mobile application is installed on and; a fifth feature comprised of a notification feature (Figures 15-16 and Paragraph 0050 where a location of the mobile device is monitored and the user is notified when in proximity to an item on the list(s)).
Regarding claim 2, Dante discloses wherein the list is comprised of a shopping list (Figure 15 and Paragraphs 0045-0046 where the mobile app allows a user to create a shopping list).
Regarding claim 3, Dante discloses wherein the second feature manually sorts the list into a category (Figure 15 and Paragraphs 0045-0046 where the lists are sorted into category. The list illustrated in Figure 15 applies to a grocery store).
Regarding claim 4, Dante discloses wherein the category is comprised of a store (Figure 15 and Paragraphs 0045-0046 where the lists are sorted into category. The list illustrated in Figure 15 applies to a grocery store).
Regarding claim 5, Dante discloses wherein the notification feature generates a notification when the fourth feature detects a user has arrived at the specific store that carries an item on the list (Figures 15-16 and Paragraph 0050 where a location of the mobile device is monitored and the user is notified when in proximity to an item on the list(s)).
Regarding claim 6, Dante discloses wherein the notification is comprised of a call, a text, an email, an app notification, an alarm, or a push notification (Figures 15-16 and Paragraph 0050 where various alerts such as vibrating and audio tones are provided to the user through the mobile device).
Regarding claim 7, Dante discloses wherein the third feature manually sorts the list into a subcategory (Figure 1 and Paragraphs 0045-0046 where the products in the list are further sorted into select subcategories such as coupon type).
Regarding claim 8, Dante discloses a shopping list reminder mobile application (Figure 15) comprising: a mobile application that allows a user to create a list via a first feature (Figure 15 and Paragraphs 0045-0046 where the mobile app allows a user to create a shopping list); a second feature that automatically sorts the list into a first category (Figure 15 and Paragraphs 0045-0046 where the lists are sorted into category automatically by the app. The list illustrated in Figure 15 applies to a grocery store); a third feature that automatically sorts the list into a subcategory within the category (Figure 1 and Paragraphs 0045-0046 where the products in the list are further sorted automatically by the app into select subcategories such as coupon type); a fourth feature that monitors a location of a smart device the mobile application is installed on and; a fifth feature comprised of a notification feature (Figures 15-16 and Paragraph 0050 where a location of the mobile device is monitored and the user is notified when in proximity to an item on the list(s)).
Regarding claim 9, Dante discloses wherein the list is comprised of a numbered shopping list (Figures 15-16 and Paragraphs 0045-0046 where the mobile app allows a user to create a shopping list that is listed vertically where each row represents an item number. Items on the list are futher numbered as illustrated in Figure 16).
Regarding claim 10, Dante discloses a sixth feature that allows a user to remove an item from the list (Figure 15 and Paragraph 0045 where items are deleted from the list(s)).
Regarding claim 11, Dante discloses wherein the item is removed by crossing out the item from the list (Figure 15 and Paragraph 0045 where items are deleted from the list(s). Items are selectively chosen for deletion).
Regarding claim 12, Dante discloses wherein the first category is comprised of a store (Figure 15 and Paragraphs 0045-0046 where the lists are sorted into category. The list illustrated in Figure 15 applies to a grocery store).
Regarding claim 13, Dante discloses wherein the notification feature generates a notification when the fourth feature detects a user has arrived at the specific store that carries an item on the list (Figures 15-16 and Paragraph 0050 where a location of the mobile device is monitored and the user is notified when in proximity to an item on the list(s)).
Regarding claim 14, Dante discloses wherein the notification is comprised of a call, a text, an email, an app notification, an alarm, or a push notification (Figures 15-16 and Paragraph 0050 where various alerts such as vibrating and audio tones are provided to the user through the mobile device).
Regarding claim 15, Dante discloses wherein the application is comprised of a seventh feature that creates a second category (Figure 6, Figure 15, Figure 16 and Paragraphs 0045, 0046, 0048 and 0050 where store locations that have items in inventory are searched and listed in the app).
Regarding claim 16, Dante discloses wherein the second category is created when an item on the list is not available at a first location of a store (Figure 6, Figure 15, Figure 16 and Paragraphs 0045, 0046, 0048 and 0050 where lists are edited and created to list items that were not purchased in a particular store).
Regarding claim 17, Dante discloses wherein the second category is a second location of the store (Figure 6, Figure 15, Figure 16 and Paragraphs 0045, 0046, 0048 and 0050 where store locations that have items in inventory are searched and listed in the app).
Regarding claim 18, Dante discloses a method of using a shopping list reminder mobile application (Figures 15-16), the method comprising: providing a shopping list reminder mobile application that allows a user to create a list that may be sorted into a category and a subcategory (Figure 15 and Paragraphs 0045-0046 where the mobile app allows a user to create a shopping list that is sorted into plural categories), and that notifies the user of the list when they are present at a store which contains an item of the list (Figures 15-16 and Paragraph 0050 where a location of the mobile device is monitored and the user is notified when in proximity to an item on the list(s)); downloading the mobile application to a smart device (Figure 15 and Paragraphs 0045-0046 where the app is downloaded to the mobile device of the user); creating a list (Figure 15 and Paragraphs 0045-0046 where the mobile app allows a user to create a shopping list that is sorted into plural categories); and traveling to the store (Figure 6, Figure 15, Figure 16 and Paragraphs 0045, 0046, 0048 and 0050 where store locations that have items in inventory are searched and listed in the app. The user travels to the store).
Regarding claim 19, Dante discloses wherein the mobile application notifies a user and presents the list to a user when the user travels to the store (Figures 15-16 and Paragraph 0050 where a location of the mobile device is monitored and the user is notified when in proximity to an item on the list(s) in the store).
Regarding claim 20, Dante discloses wherein the list is comprised of a shopping list (Figure 15 and Paragraphs 0045-0046 where the mobile app allows a user to create a shopping list).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS D ALUNKAL whose telephone number is (571)270-1127. The examiner can normally be reached M-F 9am-5pm.
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/THOMAS D ALUNKAL/
Primary Examiner, Art Unit 2687