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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 recites the limitation "the proceeds" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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, 5-17, 25-26, and 29-32 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception. In this case, the abstract idea is buying and selling products without significantly more. The claim elements that are considered the abstract idea are highlighted and the additional limitations are in boldface font below:
1. (Currently Amended) A social volunteering trade, payment and distributed- storage computerized deep network system, comprising the following entities:
social communities registered to the system;
system users using the system for selling or buying products, wherein at least part of the proceeds are donated to one or more of said communities;
at least one database comprising records pertaining to said social communities, said users and said products and to volunteering events being planned or executed;
social payment means configured to provide a buyer with donation options;
system software configured to manage and control said social trade and to match social values of said users and said communities;
a system website comprising data related to said communities, said users and their social values, said website additionally comprising connection to a search engine configured to enable said users to seek said products according to said social values;
a system network configured to communicate between said entities;
a reports module configured to calculate each community and each user's contribution to predefined goals and publish said calculation results; and
feedback means configured to back-propagate said events' outcomes, wherein said system website comprises community entries and user entries, wherein each one of said community entries comprises:
information regarding the community's social values and activities; and
a community store listing all the products currently being offered by users for sale, wherein at least part of the sales proceeds were donated to the community; and
a link to the community's website, and
wherein said system users comprise at least one of individual users and commercial users.
5. (Currently Amended) The system of claim [[4]]1, wherein at least one of said community entries comprises a wish list of products currently in urgent demand for the community's activities.
6. (Currently Amended) The system of claim [[4]] 1, wherein at least one of said community entries comprises a virtual community storage comprising all the products currently being donated free of charge by said system users or by other community members to said community.
7. (Currently Amended) The system of claim [[3]] 1, wherein each one of said individual user entries comprises: information regarding the user's social values; user's favorite communities; personal user information; one or more default pickup locations for products offered by the user; default proceedings allocation; and a user store comprising images and descriptions of products currently offered by the user, wherein each product image is accompanied by a price and a graphical representation of the proceeds allocation.
8. (Original) The system of claim 7, wherein said user entries additionally comprise a user dashboard configured to display said user's social activities in the system and their calculated contribution to one or more predefined goals.
9. (Original) The system of claim 7, wherein said user entries additionally comprise links to said user's contacts in the system.
10. (Currently Amended) The system of claim [[3]] 1, wherein each one of said commercial user entries comprises:
information regarding the commercial user's social values committed to by said commercial user; commercial user's favorite communities; default proceeds allocation; and link to said commercial user's online store.
11. (Original) The system of claim 10, wherein said commercial user entries additionally comprise a user dashboard configured to display said user's social activities in the system and their calculated contribution to one or more predefined goals.
12. (Original) The system of claim 1, wherein said at least one database pertaining to volunteering events comprises, for each event, an event scheduler configured to define the event's schedule, based on a learning process conducted on said feedback.
13. (Original) The system of claim 1, wherein said social payment means are designed to communicate between electronic commerce payment means and said system software, to enable distribution of a payment done by a buyer using said electronic payment means, for a product offered by a seller, according to a predefined seller allocation.
14. (Original) The system of claim 13, wherein said predefined seller allocation may be modified by at least one of said seller and said buyer.
15. (Original) The system of claim 13, wherein said social payment means represent graphically said allocation.
16. (Original) The system of claim 1, wherein said search engine is configured to search said system database for products, said search filtered by at least one of product category, searcher's social values and searcher's location information.
17. (Original) The system of claim 1, further comprising product delivery route optimization means.
25. (Currently Amended) A method of offering a product for sale by a user of a social volunteering trade, payment and distributed-storage computerized deep network system, comprising the steps of:
entering said product's description and requested price into a predefined online store of said user in the system, said description comprising at least one of an image and text;
displaying by the system said user's predefined default pickup address and proceeds allocation; and
optionally modifying at least one of said pickup address and said proceeds allocation.
26. (Currently Amended) The method of claim 25, further comprising the step of requesting and receiving from the system expert help in determining said product's requested price, wherein said expert help is provided automatically by the system, based on previous transactions.
29. (Currently Amended) A method of performing a product search using an online search engine provided by a social volunteering trade, payment and distributed-storage computerized deep network system, comprising the steps of:
receiving from a user search terms, wherein said search terms comprise said user's social values;
searching said systems' databases for matching products;
filtering said matched products according to sellers having social values similar to said user's social values; and
presenting said matched products to said user.
30. (Original) The method of claim 29, wherein said search terms further comprise said user's location; and wherein said filtering further comprises filtering said matched products according to sellers' locations.
31. (Original) The method of claim 30, further comprising filtering said matched products according to locations of said user or said sellers' contacts in the system, to provide a recommended pick-up route.
32. (Original) The method of claim 29, wherein said presenting comprises:
presenting said sellers' favorite communities and intended proceeds allocation between them in the system; and
enabling said user to drill down to said communities' profiles in the system.
This judicial exception is not integrated into a practical application because they merely generally link the use of the abstract idea to a particular technological environment.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the “computerized deep network system”, “system website”, “system network”, and “virtual community storage” as generically claimed, are further considered recognized by the courts as performing well-understood, routine, and conventional functions related to receiving or transmitting data (see: MPEP, 2106.05).
In sum, the examiner finds that the claims "are directed to the use of conventional or generic technology in a nascent but well-known environment, without any claim that the invention reflects an inventive solution to any problem presented by combining the two.” In re TLI Communications LLC, No. 2015-1372 (May 17, 2016). Similar to the claims in SAP v. InvestPic, “[t]he claims here are ineligible because their innovation is an innovation in ineligible subject matter.” Appeal No. 2017-2081 (Fed. Cir. 2018). In other words, “the advance lies entirely in the realm of abstract ideas, with no plausibly alleged innovation in the non-abstract application realm.” Id. Accordingly, when considered individually and in ordered combination, the examiner finds the claims to be directed to in-eligible subject matter.
For the reasons stated, the examiner does not find the claims to recite eligible subject matter under 35 U.S.C. § 101.
Nonfunctional Descriptive Material
The examiner takes the position that several recitations in the claims below contain nonfunctional descriptive material. In these instances below, where the examiner has determined the claim limitations constitute nonfunctional descriptive material, no patentable weight will be given to the limitations. (See MPEP § 2111.05)
“USPTO personnel must consider all claim limitations when determining patentability of an invention over the prior art. In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 403-04 (Fed. Cir. 1983). Since a claim must be read as a whole, USPTO personnel may not disregard claim limitations that include printed matter. See Id. at 1384, 217 USPQ at 403; see also Diamond v. Diehr, 450 U.S. 175, 191, 209 USPQ 1, 10 (1981). The first step of the printed matter analysis is the determination that the limitation in question is in fact directed toward printed matter. "Our past cases establish a necessary condition for falling into the category of printed matter: a limitation is printed matter only if it claims the content of information." See In re DiStefano, 808 F.3d 845, 848, 117 USPQ2d 1265, 1267 (Fed. Cir. 2015). "[O]nce it is determined that the limitation is directed to printed matter, [the examiner] must then determine if the matter is functionally or structurally related to the associated physical substrate, and only if the answer is ‘no’ is the printed matter owed no patentable weight." Id. at 850, 117 USPQ2d at 1268.”
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, 5-17, 25-26, and 29-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Facendis (U.S. Patent Publication No. 2012/0029992).
As per claim 1, (Currently Amended) De Facendis discloses a social volunteering trade, payment and distributed- storage computerized deep network system, comprising the following entities:
social communities registered to the system
([0003] While there are many business-to-business and business-to-consumer applications to enable e-commerce transactions, individuals and businesses need a simple and effective method to pool buyers with similar interests and thereby further leverage their collective buying power via a buyer-driven,);
system users using the system for selling or buying products, wherein at least part of the proceeds are donated to one or more of said communities
([0059] The ability for donating a portion of deal savings to a common cause or charity of interest is also provided, whereby such option can also be used as a motivating mechanism for driving additional buyers to the website and buyer pool.);
at least one database comprising records pertaining to said social communities, said users and said products and to volunteering events being planned or executed
([0010] This invention presents a system and method for allowing potential buyers and sellers with common interests to express their needs for specific product and/or service purchases, and/or support of like-minded causes via a collaborative, social networking based model through which parties with similar interests identify and pool together with other parties having related interests,);
social payment means configured to provide a buyer with donation options
([0039] Processing of payments for the completed financial transaction is also dynamic and flexible in allowing individual buyers to make payments to the seller of choice individually without the need for central administration and overhead in arranging and making payments on behalf of all buyers through one collective financial transaction., also see fig. 1);
system software configured to manage and control said social trade and to match social values of said users and said communities (Fig. 2 depicts matching buyer and seller’s common interests such as charity of choice);
a system website comprising data related to said communities, said users and their social values, said website additionally comprising connection to a search engine configured to enable said users to seek said products according to said social values
([0011] The website allows for other users with similar buying interests (defined as users not necessarily looking to buy the exact same items but rather items from the same seller) to also set-up an account, search the website for established buyer pools with the same buying interests (and in same geographic location if necessary), join such buyer pool and participate in the purchase transaction.);
a system network configured to communicate between said entities (fig. 1 depicts a system where entities can communicate);
a reports module configured to calculate each community and each user's contribution to predefined goals and publish said calculation results
(fig. 1 depicts a reports module. [0067] Upon completion of negotiation of best deal terms per step (190), buyers in the party group close their best deal with preferred seller and buyers and/or seller contribute a portion of the savings earned to their charity of choice per step (220). Using this Collaboration Model method, all payment transactions are carried out between buyers and seller on a person-to-person basis using manual methods or on-line payment mechanisms such as www.paypal.com.); and
feedback means configured to back-propagate said events' outcomes,
wherein said system website comprises community entries and user entries, wherein each one of said community entries comprises: information regarding the community's social values and activities; and a community store listing all the products currently being offered by users for sale, wherein at least part of the sales proceeds were donated to the community; and a link to the community's website, and wherein said system users comprise at least one of individual users and commercial users (see fig. 4 which depicts a website that with community activity, communications and sales information).
2. - 4. (Cancelled)
As per claim 5, (Currently Amended) De Facendis discloses the system of claim 1, wherein at least one of said community entries comprises a wish list of products currently in urgent demand for the community's activities (see fig. 4).
As per claim 6, (Currently Amended) De Facendis discloses the system of claim 1, wherein at least one of said community entries comprises a virtual community storage comprising all the products currently being donated free of charge by said system users or by other community members to said community ([0008] discusses donations).
As per claim 7, (Currently Amended) De Facendis discloses the system of claim [[3]] 1, wherein each one of said individual user entries comprises: information regarding the user's social values; user's favorite communities; personal user information; one or more default pickup locations for products offered by the user; default proceedings allocation; and a user store comprising images and descriptions of products currently offered by the user, wherein each product image is accompanied by a price and a graphical representation of the proceeds allocation (see fig. 4).
As per claim 8, (Original) De Facendis discloses the system of claim 7, wherein said user entries additionally comprise a user dashboard configured to display said user's social activities in the system and their calculated contribution to one or more predefined goals (see fig.4. The items displayed are considered nonfunctional descriptive material).
As per claim 9, (Original) De Facendis discloses the system of claim 7, wherein said user entries additionally comprise links to said user's contacts in the system (see fig .4).
As per claim 10, (Currently amended) De Facendis discloses the system of claim [[3]] 1, wherein each one of said commercial user entries comprises:
information regarding the commercial user's social values committed to by said commercial user; commercial user's favorite communities; default proceeds allocation; and link to said commercial user's online store (see figs. 1 and 4).
As per claim 11, (Original) De Facendis discloses the system of claim 10, wherein said commercial user entries additionally comprise a user dashboard configured to display said user's social activities in the system and their calculated contribution to one or more predefined goals (see figs. 1 and 4).
As per claim 12, (Original) De Facendis discloses the system of claim 1, wherein said at least one database pertaining to volunteering events comprises, for each event, an event scheduler configured to define the event's schedule, based on a learning process conducted on said feedback (see figs. 1 and 4).
As per claim 13, (Original) De Facendis discloses the system of claim 1, wherein said social payment means are designed to communicate between electronic commerce payment means and said system software, to enable distribution of a payment done by a buyer using said electronic payment means, for a product offered by a seller, according to a predefined seller allocation (see figs. 1 and 4).
As per claim 14, (Original) De Facendis discloses the system of claim 13, wherein said predefined seller allocation may be modified by at least one of said seller and said buyer (see fig. 4).
As per claim 15, (Original) De Facendis discloses the system of claim 13, wherein said social payment means represent graphically said allocation (figs. 1 and 4 discuss payment).
As per claim 16, (Original) De Facendis discloses the system of claim 1, wherein said search engine is configured to search said system database for products, said search filtered by at least one of product category, searcher's social values and searcher's location information (abstract and fig. 4 discuss common interests).
As per claim 17, (Original) De Facendis discloses the system of claim 1, further comprising product delivery route optimization means ([0082] – [0086] discuss the location-based model).
18. - 24. (Cancelled)
As per claim 25, (Currently Amended) De Facendis discloses a method of offering a product for sale by a user of a social volunteering trade, payment and distributed-storage computerized deep network system, comprising the steps of:
entering said product's description and requested price into a predefined online store of said user in the system, said description comprising at least one of an image and text (see fig. 4 which depicts a transaction);
displaying by the system said user's predefined default pickup address and proceeds allocation
([0011] The website allows for other users with similar buying interests (defined as users not necessarily looking to buy the exact same items but rather items from the same seller) to also set-up an account, search the website for established buyer pools with the same buying interests (and in same geographic location if necessary), join such buyer pool and participate in the purchase transaction.); and
optionally modifying at least one of said pickup address and said proceeds allocation
([0035] FIGS. 5 a) and b) are flow diagrams illustrating a mobile, location-based method that allows buyer and seller networks to dynamically identify themselves based on similar interests and establish communication in order to explore, negotiate and close deals.).
As per claim 26, (Currently Amended) De Facendis discloses the method of claim 25, further comprising the step of requesting and receiving from the system expert help in determining said product's requested price, wherein said expert help is provided automatically by the system, based on previous transactions (fig. 4 depicts communication and messaging which is construed as receiving help from an expert).
27. - 28. (Cancelled)
As per claim 29, (Currently Amended) De Facendis discloses a method of performing a product search using an online search engine provided by a social volunteering trade, payment and distributed-storage computerized deep network system, comprising the steps of:
receiving from a user search terms, wherein said search terms comprise said user's social values
([0011The website allows for other users with similar buying interests (defined as users not necessarily looking to buy the exact same items but rather items from the same seller) to also set-up an account, search the website for established buyer pools with the same buying interests]);
searching said systems' databases for matching products (see [0011];
filtering said matched products according to sellers having social values similar to said user's social values; and presenting said matched products to said user (see figs. 1 and 4 which depict matching products to uses with common interests).
As per claim 30, (Original) De Facendis discloses the method of claim 29, wherein said search terms further comprise said user's location; and wherein said filtering further comprises filtering said matched products according to sellers' locations ([0011] discusses location-based transactions).
As per claim 31, (Original) De Facendis discloses the method of claim 30, further comprising filtering said matched products according to locations of said user or said sellers' contacts in the system, to provide a recommended pick-up route
([0035] FIGS. 5 a) and b) are flow diagrams illustrating a mobile, location-based method that allows buyer and seller networks to dynamically identify themselves based on similar interests and establish communication in order to explore, negotiate and close deals.).
As per claim 32, (Original) De Facendis discloses the method of claim 29, wherein said presenting comprises:
presenting said sellers' favorite communities and intended proceeds allocation between them in the system; and enabling said user to drill down to said communities' profiles in the system (see figs. 1 and 4 which depict profiles).
33. - 40. (Cancelled)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYE IWARERE whose telephone number is (571)270-5112. The examiner can normally be reached M-F 7:00 - 16:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Wellington can be reached at (571) 272-4483. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLUSEYE IWARERE/Supervisory Patent Examiner, Art Unit 2834