DETAILED ACTION
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 .
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 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.
Status of Claims
Claims 1-7, 9-15, and 17-19 remain pending, and are rejected.
Claims 8, 16, and 20 have been cancelled.
Response to Arguments
Applicant’s arguments filed on 6/5/2026 with respect to the rejection under 35 U.S.C. 101 have been fully considered, but are not persuasive for at least the following rationale:
Applicant’s arguments filed on 6/5/2026 with respect to the rejection under 35 U.S.C. 101 for claims directed to a judicial exception are not persuasive.
Notably, on pages 11-12 of the Applicant’s Remarks, arguments are made that the claims are directed to a machine-implemented, data-driven system that operates on structured customer return data, applies demographic filtering based on defined parameters, and dynamically modifies a displayed item selection interface based on a result of the determined return-rate and comparisons against a threshold for a particular demographic. Applicant argues that the claimed invention is described within the context of online shopping, the technical operations requiring structured demographic data retrieval, profile matching within a defined demographic classification, conditional repository querying for alternative product data, and dynamic modification of a displayed graphical interface, and are not sales and marketing activity as certain methods of organizing human activity.
Examiner respectfully disagrees. The elements of structured customer return data, applying demographic filtering based on defined parameters, and displaying items based on a result of the determined return-rate and comparisons against a threshold for a particular demographic are not technical operations, but merely represent commercial information regarding products that have been returned and organizing that data by demographics of the customers. Similarly, demographic data retrieval, profile matching within a defined demographic classification, and conditional repository querying for alternative product data are aspects of determining return rates based on customer information and past sales data, and are part of the abstract idea. These elements are not technical elements, and are not part of any technical field or computer functionality, but are aspects of using past sales information to identify trends, and determine conclusions of the commercial information. The dynamic modification of graphical interfaces merely represents displaying alternative product recommendations to a user, and does not change or modify any technology of user interfaces.
On pages 12-13 of the Applicant’s Remarks, arguments are made that any alleged abstract idea is integrated into a practical application. It is argued that the “customer return tracking repository” is not simply a generic database, and is a specifically structured external data store containing customer return data and associated consumer demographics, which can be queried in real time via a communications subsystem in response to a detected trigger. The claims present two distinct queries to the repository, including a return data rate and for alternative items. It is also argued that the claims provide automatic/dynamic modification of a displayed item selection interface by replacing the initial interface with a rendered modification interface containing alternative previously-acquired items having lower return rates. Comparisons are drawn to Core Wireless in they both improve graphical interfaces for user devices.
Examiner respectfully disagrees. The “customer return tracking repository” is not any particular data structure that changes how a computer stores or retrieves data from memory. The repository is any generic database that merely organizes data in a particular manner, such that the information is organized for the abstract idea (customer return data and associated demographics). These elements do not represent a change in how a computer functions, but merely defines an organization of data within the abstract idea itself. The queries for customer return rates and alternative product recommendations are also not directed to any technical functionality, but merely represent requesting commercial information of the abstract idea. The comparisons to Core Wireless are also inapposite. In Core Wireless, the specification specifically discussed the technical problems of the interface, such as devices with small screens (technical specifications) where data and functionality needs to be divided into many layers and views, and the navigation of an interface, such as having to scroll around and switch views to find the right data/functionality. The claims contained precise language delimiting a limited set of information to the user, rather than using conventional user interface methods to merely display product recommendations. The present claims do not recite any technical problem or changes to any interface technology, but merely represent displaying recommendations for alternative items. The interface does not function any differently than any other generic interface, and any modification is merely changing the abstract information that is displayed to the user. Furthermore, the communications subsystem also is any generic computing elements that is merely applied to the abstract idea such that information may be transmitted and received on a computing device. The specification merely discloses the communications subsystem as being coupled to antennas, and can be any of baseband processor or digital signal processors, one or more modems, and a radio frequency front end having one or more transmitters (specification: [0035]). The additional elements merely serve to provide a general link to a computing environment.
On pages 13-14, the Applicant argues that the claims amount to significantly more than any abstract idea, providing an ordered combination that is not routine or conventional. It is argued that the customer return tracking repository accessed via the communications subsystem and the dynamic modification of the interface together constitute a technically specific and non-conventional implementation that meaningfully limits any abstract idea.
Examiner respectfully disagrees. As discussed above, the customer return tracking repository and dynamic modification of the interface are not directed to any particular technology, and merely utilize generic computing components to perform the abstract idea on a computer. The elements, alone or in combination, do not change or improve any computer functionality. The claims may be not routine or conventional, but only within the abstract idea. Any additional elements of the claims are generic components that merely function in a generic manner to implement the abstract idea on a computer.
In view of the above, the rejection under 35 U.S.C. 101 has been maintained below.
Applicant’s arguments filed on 6/5/2026 with respect to the rejection under 35 U.S.C. 103 have been fully considered, but are moot in light of new grounds of rejection. Applicant’s amendments necessitated new grounds of rejection.
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 1-7, 9-15, and 17-19 are rejected under 35 U.S.C. 101 because the claims are directed to a judicial exception without significantly more.
Step 1:
Claims 1-7 are directed to an electronic device, which is an apparatus. Claims 9-15 are directed to a method, which is a process. Claims 17-19 are directed to a computer program product, which is an article of manufacture. Therefore, claims 1-7, 9-15, and 17-29 are directed to one of the four statutory categories of invention.
Step 2A (Prong 1):
Taking claim 1 as representative, claim 1 sets forth the following limitations reciting the abstract idea of a return rate for an item of a type of user:
detect a trigger indicative of an item review context that includes a presentation of at least one first item having a first merchandise category and which was previously acquired by a previous consumer;
in response to detecting the trigger, retrieve customer return data with associated demographics of precious consumers corresponding to the at least one first item;
retrieve user profile data correlated to acquiring items within the first merchandise category;
determine if the customer return data indicates that the at least one first item has a first return rate within a demographic of previous consumer having similar demographic information as that presented by the user profile data, the demographic comprising one or more of age, gender, geographic location, occupation, income level, marital status, and number of children;
in response to the at least one first item having the first return rate, output at least one of an indication or a first message concurrently with presenting the at least one first item for review or selection, the first message indicating the first return rate of the at least one first item;
determine if the first return rate associated with the at least one first item for the demographic of previous consumers having similar demographic information is greater than a first return rate threshold;
in response to determining that the first return rate associated with the at least one first item from the demographic of previous consumers having similar demographic information is greater than the first return rate threshold;
transmit a request for alternative product data having the first merchandise category and a second return rate that is less than the first return rate threshold, the alternative product data including at least on alternative previously-acquired item;
in response to receiving the alternative product data;
render a modified item selection comprising the at least one alternative previously-acquired item;
output the modified item selection to present the at least one alternatively previously-acquired items.
The recited limitations above set forth the process for a return rate for an item of a type of user. These limitations amount to certain methods of organizing human activity, including commercial or legal interactions (e.g. advertising, marketing or sales activities or behaviors, etc.). The claims recite steps for determining return rates for an item using customer return data and displaying the return information with an item for review (see specification: [0017] disclosing a commercial problem of return rates, customer satisfaction, and retailer profitability), which is a sales and marketing activity.
Such concepts have been identified by the courts as abstract ideas (see: MPEP 2106.04(a)(2)).
Step 2A (Prong 2):
Examiner acknowledges that representative claim 1 recites additional elements, such as:
at least one output device comprising a display;
a communication subsystem that enables the electronic device to connect to external networks and devices;
a processor communicatively coupled to each of the at least one output device, the communications subsystem, and the memory;
a customer return tracking repository;
a modified item selection interface;
Taken individually and as a whole, representative claim 1 does not integrate the recited judicial exception into a practical application of the exception. The additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Furthermore, this is also because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement a judicial exception with a particular machine, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) apply the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
While the claims recite an output device, a communications subsystem, a memory, and at least one processor, these elements are recited with a very high level of generality, and are recited merely as a preamble as executing the steps of the abstract idea. As disclosed in specification paragraph [0040], the output devices are disclosed very generally, as a display, speakers, vibration device, etc. Specification paragraph [0032] also discloses the display as any of a wide variety of display screens or devices, such as a LCD screen or OLED. The communication subsystem is disclosed in specification paragraph [0035], merely disclosing that it is coupled to antennas, and can be any of baseband processor or digital signal processors, one or more modems, and a radio frequency front end having one or more transmitters. The memory is disclosed in specification paragraph [0029] as any combination of volatile and non-volatile memory, such as RAM and ROM. Specification paragraph [0028] discloses the processor as any of a CPU, GPU, DSP, hardware accelerator, etc. As such, it is evident that these elements merely represent any generic computing components, and are only being leveraged to provide the abstract idea a general link to a computing environment.
In view of the above, under Step 2A (Prong 2), representative claim 1 does not integrate the recited exception into a practical application (see: MPEP 2106.04(d)).
Step 2B:
Returning to representative claim 1, taken individually or as a whole, the additional elements of claim 1 do not provide an inventive concept (i.e. whether the additional elements amount to significantly more than the exception itself). As noted above, the additional elements recited in claim 1 are recited in a generic manner with a high level of generality and only serve to implement the abstract idea on a generic computing device. The claims result only in an improved abstract idea itself and do not reflect improvements to the functioning of a computer or another technology or technical field. As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed process ultimately amount to no more than the mere instructions to apply the exception using a generic computer and/or no more than a general link to a technological environment.
Even when considered as an ordered combination, the additional elements of claim 1 do not add anything further than when they are considered individually.
In view of the above, claim 1 does not provide an inventive concept under step 2B, and is ineligible for patenting.
Regarding Claim 9 (method): Claim 9 recites at least substantially similar concepts and elements as recited in claim 1 such that similar analysis of the claims would be readily apparent to one of ordinary skill in the art. As such, claims 9 is rejected under at least similar rationale as provided above regarding claim 1.
Regarding Claim 17 (computer program product): Claim 17 recites at least substantially similar concepts and elements as recited in claim 1 such that similar analysis of the claims would be readily apparent to one of ordinary skill in the art. As such, claims 17 is rejected under at least similar rationale as provided above regarding claim 1.
Dependent claims 2-7, 10-15, and 18-19 recite further complexity to the judicial exception (abstract idea) of claim 1, such as by further defining the algorithm of a return rate for an item of a type of user, and do not recite any further additional elements. Thus, each of claims 2-7, 10-15, and 18-19 are held to recite a judicial exception under Step 2A (Prong 1) for at least similar reasons as discussed above.
Under prong 2 of step 2A, the additional elements of dependent claims 2-7, 10-15, and 18-19 also do not integrate the abstract idea into a practical application, considered both individually or as a whole. More specifically, dependent claims 2-7, 10-15, and 18-19 rely on at least similar elements as recited in claim 1. Further additional elements are also acknowledged (e.g., a first graphical interface (GUI) and an item selection interface (claim 4)); however, the additional elements of claims 2-7, 10-15, and 18-19 are recited only at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks).
Secondly, this is also because the claims fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Taken individually and as a whole, dependent claims 2-7, 10-15, and 18-19 do not integrate the recited judicial exception into a practical application of the exception under step 2A (prong 2).
Lastly, under step 2B, claims 2-7, 10-15, and 18-19 also fail to result in “significantly more” than the abstract idea under step 2B. The dependent claims recite additional functions that describe the abstract idea and use the computing device to implement the abstract idea, while failing to provide an improvement to the functioning of a computer, another technology, or technical field. The dependent claims fail to confer eligibility under step 2B because the claims merely apply the exception on generic computing hardware and generally link the exception to a technological environment.
Even when viewed as an ordered combination (as a whole), the additional elements of the dependent claims do not add anything further than when they are considered individually.
Taken individually or as an ordered combination, the dependent claims simply convey the abstract idea itself applied on a generic computer and are held to be ineligible under Steps 2B for at least similar rationale as discussed above regarding claim 1. Thus, dependent claims 2-7, 10-15, and 18-19 do not add “significantly more” to the abstract idea.
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 1-3, 5, 9-11, 13, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable by Kwatra (US 20220076313 A1) in view of Agarwal (US 20190163805 A1), in further view of Zhu (US 20200143446 A1), and in even further view of Maldbenden (US 20080027787 A1).
Regarding Claim 1: Kwatra discloses an electronic device comprising:
at least one output device comprising a display; (Kwatra: [0042] – “The ecommerce server 120 and the consumer computing device 110 may also include a display screen”).
a communications subsystem that enables the electronic device to connect to external networks and devices; (Kwatra: [0041] – “The ecommerce server 120 and the consumer computing device 110 may also include a network adapter or interface 916, such as a Transmission Control Protocol (TCP)/Internet Protocol (IP) adapter card or wireless communication adapter (such as a 4G wireless communication adapter using Orthogonal Frequency Division Multiple Access (OFDMA) technology)”.
a processor communicatively coupled to each of the at least one output device, the communications subsystem, and the memory; (Kwatra: [0038] – “The ecommerce server 120 and the consumer computing device 110 may include one or more processors 902, one or more computer-readable RAMs 904, one or more computer-readable ROMs 906, one or more computer readable storage media 908, device drivers 912, read/write drive or interface 914, network adapter or interface 916, all interconnected over a communications fabric”).
detect a trigger indicative of an item review context that includes a presentation of at least one first item having a first merchandise category and which was previously acquired by a previous consumer; (Kwatra: [0031] – “The ecommerce server 120 receives the data the consumer would like to view a specific product, for example, if the consumer clicks on the product the ecommerce server 120 receives the identity of the specific product the consumer wants to view”; Kwatra: [0028] – “For example, when the new product the consumer wants to view is a specific television (or any other product), then the return modification unit 158 receives data containing the number of televisions the specific consumer has returned and why the specific consumer returned those televisions from the consumer evaluation unit 154. The return modification unit 158 receives data about how many times consumers have returned the specific electronic device (e.g. the specific television) and the reason why the specific electronic device was returned”).
in response to detecting the trigger, retrieve customer return data corresponding to the at least one first item; (Kwatra: [0033] – “The product evaluation unit 156 analyzes the data contained within the product database 140 to determine the reasons why consumers (who have previously purchased) returned the specific product the consumer clicked on to view (S220). The product evaluation unit 156 analyzes the return history 158 for the specific product to determine the reasons why consumers have returned the specific product. The product evaluation unit 156 links the determined reasons why the consumers returned the specific product to the details stored in the product details”).
retrieve user profile data correlated to acquiring items within the first merchandise category; (Kwatra: [0031] – “The ecommerce server 120 determines if the consumer has a consumer profile stored in the consumer database 140 (S210). The ecommerce server 120 can associated the consumer with a specific consumer profile by having the consumer sign into the ecommerce store”; Kwatra: [0032] – “When the ecommerce server 120 determines that the consumer has a stored profile, then the consumer evaluation unit 154 analyzes the consumer shopping history, purchase history, review and comment, and return history to determine the reasons why the consumer might return the specific product the consumer clicked on to view (S215). The consumer evaluation unit 154 analyzes the return history 138 to determine the reasons why the customer returned similar types of products as the specific product the consumer wants to view”).
Kwatra does not explicitly teach an electronic device comprising:
customer return data with associated demographics of previous customers;
determine if the customer return data indicates that the at least one first item has a first return rate within a demographic of previous consumer having similar demographic information as that presented by the user profile data, the demographic comprising one or more of age, gender, geographic location, occupation, income level, marital status, and number of children;
in response to the at least one first item having the first return rate, output at least one of an indication or a first message concurrently with presenting the at least one first item for review or selection, the first message indicating the first return rate of the at least one first item;
determine if the first return rate associated with the at least one first item for the demographic of previous consumers having similar demographic information is greater than a first return rate threshold;
in response to determining that the first return rate associated with the at least one first item from the demographic of previous consumers having similar demographic information is greater than the first return rate threshold;
transmit, via the communication subsystem to a customer return tracking repository, a request for alternative product data having the first merchandise category and a second return rate that is less than the first return rate threshold, the alternative product data including at least on alternative previously-acquired item;
in response to receiving the alternative product data;
render a modified item selection interface comprising the at least one alternative previously-acquired item;
output the modified item selection interface to present the at least one alternatively previously-acquired items.
Notably, however, Kwatra does disclose other consumers that have purchased the product (Kwatra: [0032-0033]).
To that accord, Agarwal does teach an electronic device comprising:
customer return data with associated demographics of previous customers; (Agarwal: [0096] – “management platform 220 may receive information that identifies a number of sales of the selected item, a number of returns of the selected item, a number of other items purchased with the item, a reason for a return of the item, demographic information associated with users that returned the item”).
determine if the customer return data indicates that the at least one first item has a first return rate within a demographic of previous consumer having similar demographic information as that presented by the user profile data; (Agarwal: [0094] – “determining a return score associated with the selected item based on receiving the information associated with the selected item”; Agarwal: [0095] – “a return score may be indicative of a probability of the selected item being returned to an entity after being acquired from the entity”; Agarwal: [0096] – “management platform 220 may receive information that identifies a number of sales of the selected item, a number of returns of the selected item, a number of other items purchased with the item, a reason for a return of the item, demographic information associated with users that returned the item”).
determine if the first return rate associated with the at least one first item for the demographic of previous consumers having similar demographic information is greater than a first return rate threshold; (Agarwal: [0108] – “satisfying a threshold may refer to a value being greater than the threshold, more than the threshold, higher than the threshold, greater than or equal to the threshold, less than the threshold, fewer than the threshold, lower than the threshold, less than or equal to the threshold, equal to the threshold, or the like”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Kwatra disclosing a system for determining return probabilities for products based on user and other consumer information with the display an indicator of the return rate with the customer return rate associated with demographics of previous customers, a return rate within a demographic similar to the user, and determining the return rate is greater than a threshold as taught by Agarwal. One of ordinary skill in the art would have been motivated to do so in order to conserve resources related to the various process of returned items (Agarwal: [0027]).
Kwatra in view of Agarwal does not explicitly teach an electronic device comprising:
in response to the at least one first item having the first return rate, output at least one of an indication or a first message concurrently with presenting the at least one first item for review or selection, the first message indicating the first return rate of the at least one first item;
the demographic comprising one or more of age, gender, geographic location, occupation, income level, marital status, and number of children;
transmit, via the communication subsystem to a customer return tracking repository, a request for alternative product data having the first merchandise category and a second return rate that is less than the first return rate threshold, the alternative product data including at least on alternative previously-acquired item;
in response to receiving the alternative product data;
render a modified item selection interface comprising the at least one alternative previously-acquired item;
output the modified item selection interface to present the at least one alternatively previously-acquired items.
Notably, however, Kwatra does disclose other consumers that have purchased the product (Kwatra: [0032-0033]), and Agarwal does disclose performing an action based on the return score (Agarwal: [0099]).
To that accord, Zhu does teach an electronic device comprising:
the demographic comprising one or more of age, gender, geographic location, occupation, income level, marital status, and number of children; (Zhu: [0027] – “Customer demographics may include the gender, income bracket, geographic location, etc.”).
in response to determining that the first return rate associated with the at least one first item is greater than the first return rate threshold;(Zhu: [0059] – “The starting seed node is a subject product node that the analysis engine uses to determine a set of users that have a likelihood of returning a purchase, that is above a predetermined threshold”).
transmit, via the communication subsystem to a customer return tracking repository, a request for alternative product data having the first merchandise category and a second return rate that is less than the first return rate threshold, the alternative product data including at least on alternative previously-acquired item; (Zhu: [0092] – “the analysis engine 103 receives a request for a product, referred to herein as a seed product, from a computing device (e.g., 102) of a requestor customer (e.g., 101). The seed product may represent or be part of a product category”; Zhu: [0093] – “the analysis engine 103 identifies one or more products related to the seed product (e.g., under the same product category). For example, the seed product may be sunglasses. In this regard, the related products are other products in a same category (e.g., sunglasses of different brands, price points, quality, color, etc.)”; Zhu: [0096] – “Products related to the seed product that have a low return affinity are populated on the display of the user device more prominently (e.g., on the top of the screen and with more emphasis), whereas products that have a probability of being returned that is above a predetermined threshold, are suppressed”).
in response to receiving the alternative product data; (Zhu: [0096] – “the analysis engine 103 creates a data packed including a representation of the related products based on the ranking. The data packed is operative to display on a user interface of the computing device of the requestor customer a representation of the related products based on their ranking. Products related to the seed product that have a low return affinity are populated on the display of the user device more prominently (e.g., on the top of the screen and with more emphasis), whereas products that have a probability of being returned that is above a predetermined threshold, are suppressed”).
render a modified item selection interface comprising the at least one alternative previously-acquired item; (Zhu: [0096] – “the analysis engine 103 creates a data packed including a representation of the related products based on the ranking. The data packed is operative to display on a user interface of the computing device of the requestor customer a representation of the related products based on their ranking. Products related to the seed product that have a low return affinity are populated on the display of the user device more prominently (e.g., on the top of the screen and with more emphasis), whereas products that have a probability of being returned that is above a predetermined threshold, are suppressed”).
output the modified item selection interface to present the at least one alternatively previously-acquired items. (Zhu: [0096] – “the analysis engine 103 creates a data packed including a representation of the related products based on the ranking. The data packed is operative to display on a user interface of the computing device of the requestor customer a representation of the related products based on their ranking. Products related to the seed product that have a low return affinity are populated on the display of the user device more prominently (e.g., on the top of the screen and with more emphasis), whereas products that have a probability of being returned that is above a predetermined threshold, are suppressed”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the Kwatra in view of Agarwal disclosing a system for determining return probabilities for products based on user and other consumer information with the determining of alternative items with less than a threshold return rate based on the seed item being greater than a threshold return rate as taught by Zhu. One of ordinary skill in the art would have been motivated to do so in order to reduce re-stocking and re-furbishing costs of product returns (Zhu: [0002]).
Kwatra in view of Agarwal and Zhu does not explicitly teach in response to the at least one first item having the first return rate, output at least one of an indication or a first message concurrently with presenting the at least one first item for review or selection, the first message indicating the first return rate of the at least one first item. Notably, however, Kwatra does disclose changing the layout of the product display layout to emphasize features that caused returns when the return probability is above a threshold (Kwatra: [0035]), and Agarwal does disclose performing an action based on the return score (Agarwal: [0099]).
To that accord, Malsbenden does teach in response to the at least one first item having the first return rate, output at least one of an indication or a first message concurrently with presenting the at least one first item for review or selection, the first message indicating the first return rate of the at least one first item. (Malsbenden: [0040] – “displaying a plurality of indicators on a webpage, where each indicator represents a level of return for a product. In this fashion, and especially the result of software 64 for adjusting a gauge based on calculated returns”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Kwatra in view of Agarwal and Zhu disclosing a system for determining return probabilities for products based on user and other consumer information with the display an indicator of the return rate with the item as taught by Malsbenden. One of ordinary skill in the art would have been motivated to do so in order to provide the customer information helpful in making a purchase decision (Malsbenden: [0040]).
Regarding Claim 2: Kwatra in view of Agarwal, Zhu, and Malsbenden discloses the limitations of claim 1 above.
Kwatra further discloses an electronic device comprising:
generate a request for the customer return date; (Kwatra: [0033] – “The product evaluation unit 156 analyzes the data contained within the product database”; Kwatra: [0034] – “The return modification unit 158 reviews the results from the consumer evaluation unit 154 (S215) and the product evaluation unit 156 (S220) with respect to the specific product the consumer clicked on to view to determine the return probability for the product (S225). For example, when the new product the consumer wants to view is a specific television (or any other product), then the return modification unit 158 receives data containing the number of televisions the specific consumer has returned and why the specific consumer returned those televisions from the consumer evaluation unit 154. The return modification unit 158 receives data about how many times consumers have returned the specific electronic device”). In summary, the various units request data from the product database to retrieve and analyze data of how many times the product has been returned (return rate) and determine a return probability.
transmit the request for the customer return data to a customer return tracking repository; (Kwatra: [0033] – “The product evaluation unit 156 analyzes the data contained within the product database”). In summary, a request would have to be made and transmitted to retrieve data from the database.
receive, from the customer return tracking repository, the customer return data. (Kwatra: [0033] – “Kwatra: [0033] – “The product evaluation unit 156 analyzes the data contained within the product database”; Kwatra: [0034] – “The return modification unit 158 reviews the results from the consumer evaluation unit 154 (S215) and the product evaluation unit 156 (S220) with respect to the specific product the consumer clicked on to view to determine the return probability for the product (S225). For example, when the new product the consumer wants to view is a specific television (or any other product), then the return modification unit 158 receives data containing the number of televisions the specific consumer has returned and why the specific consumer returned those televisions from the consumer evaluation unit 154. The return modification unit 158 receives data about how many times consumers have returned the specific electronic device”).
Regarding Claim 3: Kwatra in view of Agarwal, Zhu, and Malsbenden discloses the limitations of claim 1 above.
Kwatra further discloses wherein the first message includes the first return rate of the at least one first item and a first context associated with the first return rate, the first context comprising customer return information associated with previous consumer returns of the at least one first item; (Kwatra: [0033] – “The product evaluation unit 156 analyzes the data contained within the product database 140 to determine the reasons why consumers (who have previously purchased) returned the specific product the consumer clicked on to view (S220). The product evaluation unit 156 analyzes the return history 158 for the specific product to determine the reasons why consumers have returned the specific product. The product evaluation unit 156 links the determined reasons why the consumers returned the specific product to the details stored in the product details”).
Kwatra does not explicitly teach previous consumers having similar demographic information as that presented by the user profile data. Notably, however, Kwatra does disclose other consumers that have purchased the product (Kwatra: [0033]).
To that accord, Agarwal does teach previous consumers having similar demographic information as that presented by the user profile data. (Agarwal: [0096] – “management platform 220 may receive information that identifies a number of sales of the selected item, a number of returns of the selected item, a number of other items purchased with the item, a reason for a return of the item, demographic information associated with users that returned the item”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Kwatra disclosing a system for determining return probabilities for products based on user and other consumer information with the previous consumers having similar demographic information as taught by Agarwal. One of ordinary skill in the art would have been motivated to do so in order to conserve resources related to the various process of returned items (Agarwal: [0027]).
Regarding Claim 5: Kwatra in view of Agarwal, Zhu, and Malsbenden discloses the limitations of claim 1 above.
Kwatra in view of Agarwak and Zhu does not explicitly teach output a first graphical user interface (GUI) on the display, the first GUI including an item selection interface comprising a representation of the at least one first item and the first message visually indicating the first return rate of the at least on previously-acquired first item. Notably, however, Kwatra does disclose changing the layout of the product display layout to emphasize features that caused returns when the return probability is above a threshold (Kwatra: [0035]).
To that accord, Malsbenden does teach output a first graphical user interface (GUI) on the display, the first GUI including an item selection interface comprising a representation of the at least one first item and the first message visually indicating the first return rate of the at least on previously-acquired first item. (Malsbenden: [0040] – “displaying a plurality of indicators on a webpage, where each indicator represents a level of return for a product”; Malsbenden: [0050] – “the plurality of product identifiers are commensurate with the range of products available from a seller, where each product is identified by a product identifier, such as a numerical, alphabetical, or alphanumeric identification as opposed to a title or name of the product. In this fashion, each time customer 16 logs into computer 24, customer 16 needs to submit an identity of the product to be transacted on webpage”; Malsbenden: Fig. 5, #25,92,95 – a webpage for a product that also displays a gauge of return rates and reasons for returns).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Kwatra in view of Agarwal and Zhu disclosing a system for determining return probabilities for products based on user and other consumer information with the graphical interface of an item selection with the indicator of the return rate as taught by Malsbenden. One of ordinary skill in the art would have been motivated to do so in order to provide the customer information helpful in making a purchase decision (Malsbenden: [0040]).
Regarding Claims 9 and 17: Claims 9 and 17 recite substantially similar limitations as claim 1. Therefore, claims 9 and 17 are rejected under the same rationale as claim 1 above.
Regarding Claims 10 and 18: Claims 10 and 18 recite substantially similar limitations as claim 2. Therefore, claims 10 and 18 are rejected under the same rationale as claim 2 above.
Regarding Claims 11 and 19: Claims 11 and 19 recite substantially similar limitations as claim 3. Therefore, claims 11 and 19 are rejected under the same rationale as claim 3 above.
Regarding Claim 13: Claim 13 recites substantially similar limitations as claim 5. Therefore, claim 13 is rejected under the same rationale as claim 5 above.
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable by the combination of Kwatra (US 20220076313 A1), Agarwal (US 20190163805 A1), Zhu (US 20200143446 A1), and Maldbenden (US 20080027787 A1), in view of Avery (US 10,685,308 B1).
Regarding Claim 4: The combination of Kwatra, Agarwal, Zhu, and Malsbenden discloses the limitations of claim 1 above.
Kwatra in view of Agarwal and Zhu does not explicitly teach output to a first graphical user interface (GUI) on the display, the first GUI including an item selection interface comprising a representation of the at least one first item to present the first message visually indicating the first return rate of the at least one previously-acquired first item. Notably, however, Kwatra does disclose changing the layout of the product display layout to emphasize features that caused returns when the return probability is above a threshold (Kwatra: [0035]).
To that accord, Malsbenden does teach output to a first graphical user interface (GUI) on the display, the first GUI including an item selection interface comprising a representation of the at least one first item to present the first message visually indicating the first return rate of the at least one previously-acquired first item. (Malsbenden: [0040] – “displaying a plurality of indicators on a webpage, where each indicator represents a level of return for a product”; Malsbenden: [0050] – “the plurality of product identifiers are commensurate with the range of products available from a seller, where each product is identified by a product identifier, such as a numerical, alphabetical, or alphanumeric identification as opposed to a title or name of the product. In this fashion, each time customer 16 logs into computer 24, customer 16 needs to submit an identity of the product to be transacted on webpage”; Malsbenden: Fig. 5, #25,92,95 – a webpage for a product that also displays a gauge of return rates and reasons for returns).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Kwatra in view of Agarwal and Zhu disclosing a system for determining return probabilities for products based on user and other consumer information with the graphical interface of an item selection with the indicator of the return rate as taught by Malsbenden. One of ordinary skill in the art would have been motivated to do so in order to provide the customer information helpful in making a purchase decision (Malsbenden: [0040]).
The combination does not explicitly teach a first user-selectable option to present the first message. Notably, however, Kwatra does disclose changing the layout of the product display layout to emphasize features that caused returns (Kwatra: [0035]), and Malsbenden does teach displaying the return rates of the item (Malsbenden: [0040]).
To that accord, Avery does teach a first user-selectable option to present the first message. (Avery: col. 43, ln. 33-53 – “user interface elements (e.g., implemented as check boxes in FIG. 10C) associated with each product group (and a select all element associated with the row that includes column headers) to select and/or deselect one or more particular product groups (e.g., to combine the selected product groups, to batch delete the selected product groups, to expand all of the selected product groups, or the like), and columns that can be used to present: the name of the product group; the number of unique items (e.g., based on SKU, UPC, product number, and/or any other suitable identifying information); the number of facilities associated with the general order guide for which the product group includes an item available in that facilities portion of the distribution network; the number of distribution centers serving the various facilities associated with the general order guide that can provide at least one of the items in the product group; and actions that can be performed for a particular product group (e.g., an edit user interface element, a user interface element to expand or show details related to items in a particular product group, delete a particular product group, or user interface elements corresponding to any other suitable action”; Avery: Fig. 10C showing interface elements selectable to expand details of an item).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the combination of Kwatra, Agarwal, Zhu, and Malsbenden disclosing a system for determining return probabilities for products based on user and other consumer information with the user selectable option to display the message as taught by Avery. One of ordinary skill in the art would have been motivated to do so in order to view further information (Avery: col. 43, ln. 40-44).
Regarding Claim 12: Claim 12 recites substantially similar limitations as claim 4. Therefore, claim 12 is rejected under the same rationale as claim 4 above.
Claims 6-7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable by the combination of Kwatra (US 20220076313 A1), Agarwal (US 20190163805 A1), Zhu (US 20200143446 A1), and Maldbenden (US 20080027787 A1), in view of Mozol-Ciocirlan (US 11,410,222 B1).
Regarding Claim 6: The combination of Kwatra, Fort, and Malsbenden discloses the limitations of claim 5 above.
Kwatra further discloses the at least one first item is among a plurality of similar previously-acquired items within the first merchandise category; (Kwatra: [0028] – “For example, when the new product the consumer wants to view is a specific television (or any other product), then the return modification unit 158 receives data containing the number of televisions the specific consumer has returned and why the specific consumer returned those televisions from the consumer evaluation unit”).
The combination does not explicitly teach wherein:
present within the item selection interface a second user-selectable option to filter the plurality of similar previously-acquired items based on a first return rate threshold;
in response to detecting selection of the second user-selectable option;
transmit, to a customer return tracking repository, a request for a first set of previously-acquired items from among the plurality of similar preciously-acquired items that have a return rate that is less than the first return rate threshold;
in response to receiving the first set of previously-acquired items, render a modified item selection interface comprising the first set of preciously-acquired items;
output the modified item selection interface on the display to present the first set of previously-acquired items that have a return rate that is less than the first return threshold.
Notably, however, Kwatra does disclose changing the layout of the product display layout to emphasize features that caused returns when the return probability is above a threshold (Kwatra: [0035]).
To that accord, Mozol-Ciocirlan does teach wherein:
present within the item selection interface a second user-selectable option to filter the plurality of similar previously-acquired items based on a first return rate threshold; (Mozol-Ciocirlan: col. 14, ln. 1-16 – “The operational services portal 302 may include a filter section 306. The filter section 306 may include a list of benefits or functions associated with individual operational services 204 that when selected filter the operational services 204 being presented to a list of operational services that correspond to the selected benefit or function. Proximate to each of the individual benefits or functions may be a user control 308. The user controls 308 may enable the user 206 to select a particular benefit or function by which to filter the list of operational services 204. For example, the filter section 306 may include the categories sales growth, customer service, branding, fulfillment and inventory management, and so forth. Each of the categories may include subcategories. For example, sales growth may include increase sales and sales globally, customer service may include reduce product return rate”; Mozol-Ciocirlan: col. 14, ln. 8-16 – “The user controls 308 may enable the user 206 to select a particular benefit or function by which to filter the list of operational services 204. For example, the filter section 306 may include the categories sales growth, customer service, branding, fulfillment and inventory management, and so forth. Each of the categories may include subcategories. For example, sales growth may include increase sales and sales globally, customer service may include reduce product return rate”).
in response to detecting selection of the second user-selectable option; (Mozol-Ciocirlan: col. 14, ln. 28-30 – “the filtered list of operational services 204 may include a subset of all the operational services 204 associated with the selected user control”).
transmit, to a customer return tracking repository, a request for a first set of previously-acquired items from among the plurality of similar preciously-acquired items that have a return rate that is less than the first return rate threshold; (Mozol-Ciocirlan: col. 14, ln. 10-24 – “the filter section 306 may include the categories sales growth, customer service, branding, fulfillment and inventory management, and so forth. Each of the categories may include subcategories. For example, sales growth may include increase sales and sales globally, customer service may include reduce product return rate and customer relocation, branding may include build brand awareness, fulfillment and inventory management may include fulfillment alternatives, and so forth. Proximate to each category or subcategory may be the user control 308. The seller partner 202 may select the user control 308 proximate to increase sales and the computing devices 212 may filter the list of operational services 204 to cause the operational services portal 302 to present the operational services 204 that are associated with increasing sales”).
in response to receiving the first set of previously-acquired items, render a modified item selection interface comprising the first set of preciously-acquired items; (Mozol-Ciocirlan: col. 14, ln. 22-30 – “may filter the list of operational services 204 to cause the operational services portal 302 to present the operational services 204 that are associated with increasing sales. The filtered list of operational services 204 may include the operational services 204 that the seller partner 202 is currently enrolled in, eligible for, ineligible for, and so forth. In other implementations, the filtered list of operational services 204 may include a subset of all the operational services 204 associated with the selected user control”).
output the modified item selection interface on the display to present the first set of previously-acquired items that have a return rate that is less than the first return threshold. (Mozol-Ciocirlan: col. 14, ln. 22-30 – “may filter the list of operational services 204 to cause the operational services portal 302 to present the operational services 204 that are associated with increasing sales. The filtered list of operational services 204 may include the operational services 204 that the seller partner 202 is currently enrolled in, eligible for, ineligible for, and so forth. In other implementations, the filtered list of operational services 204 may include a subset of all the operational services 204 associated with the selected user control”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the combination of Kwatra, Fort, and Malsbenden disclosing a system for determining return probabilities for products based on user and other consumer information with the selection of a user-selectable option filter as taught by Mozol-Ciocirlan. One of ordinary skill in the art would have been motivated to do so in order to allow the user to select a particular benefit they desire (Mozol-Ciocirlan: col. 14, ln. 5-6).
Regarding Claim 7: The combination of Kwatra, Fort, and Malsbenden discloses the limitations of claim 5 above.
Kwatra further discloses the at least one first item is among a plurality of similar previously-acquired items within the first merchandise category; (Kwatra: [0028] – “For example, when the new product the consumer wants to view is a specific television (or any other product), then the return modification unit 158 receives data containing the number of televisions the specific consumer has returned and why the specific consumer returned those televisions from the consumer evaluation unit”).
Kwatra does not explicitly teach wherein:
present within the item selection interface a third user-selectable option to filter the plurality of similar previously-acquired items based on a second return rate threshold;
in response to detecting selection of the third user-selectable option:
transmit, to a customer return tracking repository, a request for a second set of preciously-acquired items from among the plurality of similar previously-acquired items that have a return rate that is greater than the second return rate threshold;
in response to receiving the second set of previously-acquired items, remove the second set of previously-acquired items from the plurality of similar previously-acquired items to obtain a remaining set of previously-acquired items;
render a modified item selection interface comprising the remaining set of previously-acquired items;
output the modified item selection interface on the display to present the remaining set of previously-acquired items.
Notably, however, Kwatra does disclose changing the layout of the product display layout to emphasize features that caused returns when the return probability is above a threshold (Kwatra: [0035]).
To that accord, Fort does teach wherein:
present within the item selection interface a third user-selectable option to filter the plurality of similar previously-acquired items based on a second return rate threshold; (Mozol-Ciocirlan: col. 14, ln. 1-16 – “The operational services portal 302 may include a filter section 306. The filter section 306 may include a list of benefits or functions associated with individual operational services 204 that when selected filter the operational services 204 being presented to a list of operational services that correspond to the selected benefit or function. Proximate to each of the individual benefits or functions may be a user control 308. The user controls 308 may enable the user 206 to select a particular benefit or function by which to filter the list of operational services 204. For example, the filter section 306 may include the categories sales growth, customer service, branding, fulfillment and inventory management, and so forth. Each of the categories may include subcategories. For example, sales growth may include increase sales and sales globally, customer service may include reduce product return rate”; Mozol-Ciocirlan: col. 14, ln. 8-16 – “The user controls 308 may enable the user 206 to select a particular benefit or function by which to filter the list of operational services 204. For example, the filter section 306 may include the categories sales growth, customer service, branding, fulfillment and inventory management, and so forth. Each of the categories may include subcategories. For example, sales growth may include increase sales and sales globally, customer service may include reduce product return rate”).
transmit, to a customer return tracking repository, a request for a second set of preciously-acquired items from among the plurality of similar previously-acquired items that have a return rate that is greater than the second return rate threshold; transmit, to a customer return tracking repository, a request for a first set of previously-acquired items from among the plurality of similar preciously-acquired items that have a return rate that is less than the first return rate threshold; (Mozol-Ciocirlan: col. 14, ln. 10-24 – “the filter section 306 may include the categories sales growth, customer service, branding, fulfillment and inventory management, and so forth. Each of the categories may include subcategories. For example, sales growth may include increase sales and sales globally, customer service may include reduce product return rate and customer relocation, branding may include build brand awareness, fulfillment and inventory management may include fulfillment alternatives, and so forth. Proximate to each category or subcategory may be the user control 308. The seller partner 202 may select the user control 308 proximate to increase sales and the computing devices 212 may filter the list of operational services 204 to cause the operational services portal 302 to present the operational services 204 that are associated with increasing sales”).
in response to detecting selection of the third user-selectable option: (Mozol-Ciocirlan: col. 14, ln. 28-30 – “the filtered list of operational services 204 may include a subset of all the operational services 204 associated with the selected user control”).
in response to receiving the second set of previously-acquired items, remove the second set of previously-acquired items from the plurality of similar previously-acquired items to obtain a remaining set of previously-acquired items; (Mozol-Ciocirlan: col. 14, ln. 22-30 – “filter the list of operational services 204 to cause the operational services portal 302 to present the operational services 204 that are associated with increasing sales. The filtered list of operational services 204 may include the operational services 204 that the seller partner 202 is currently enrolled in, eligible for, ineligible for, and so forth. In other implementations, the filtered list of operational services 204 may include a subset of all the operational services 204 associated with the selected user control”). In summary, items that do not match the filter and removed.
render a modified item selection interface comprising the remaining set of previously-acquired items; (Mozol-Ciocirlan: col. 14, ln. 22-30 – “may filter the list of operational services 204 to cause the operational services portal 302 to present the operational services 204 that are associated with increasing sales. The filtered list of operational services 204 may include the operational services 204 that the seller partner 202 is currently enrolled in, eligible for, ineligible for, and so forth. In other implementations, the filtered list of operational services 204 may include a subset of all the operational services 204 associated with the selected user control”).
output the modified item selection interface on the display to present the remaining set of previously-acquired items. (Mozol-Ciocirlan: col. 14, ln. 22-30 – “may filter the list of operational services 204 to cause the operational services portal 302 to present the operational services 204 that are associated with increasing sales. The filtered list of operational services 204 may include the operational services 204 that the seller partner 202 is currently enrolled in, eligible for, ineligible for, and so forth. In other implementations, the filtered list of operational services 204 may include a subset of all the operational services 204 associated with the selected user control”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the combination of Kwatra, Fort, and Malsbenden disclosing a system for determining return probabilities for products based on user and other consumer information with the selection of a user-selectable option filter as taught by Mozol-Ciocirlan. One of ordinary skill in the art would have been motivated to do so in order to allow the user to select a particular benefit they desire (Mozol-Ciocirlan: col. 14, ln. 5-6).
Regarding Claim 14: Claim 14 recites substantially similar limitations as claim 6. Therefore, claim 14 is rejected under the same rationale as claim 6 above.
Regarding Claim 15: Claim 15 recites substantially similar limitations as claim 7. Therefore, claim 15 is rejected under the same rationale as claim 7 above.
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.
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/T.J.K./ Examiner, Art Unit 3689
/VICTORIA E. FRUNZI/ Primary Examiner, Art Unit 3689
7/28/2026
