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 .
This office action is in response to communication filed on 9/28/2024.
Claims 1-20 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory anticipated double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,106,365.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Determining that a claim falls within one of the four enumerated categories of patentable subject matter recited in 35 U.S.C. 101 (i.e., process, machine, manufacture, or composition of matter). (MPEP 2106.03)
Claims 1-15 recite a series of steps, thus falling within one of the four statutory classes; i.e., a process. Claims 16-18 describe tangible system components, thus falling within one of the four statutory classes; i.e., machine. Claims 19-20 describe non-transitory computer readable-medium, thus falling within one of the four statutory classes; manufacture.
Step 2A, Prong One: Evaluating whether the claim(s) recite(s) a judicial exception, i.e. whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. (MPEP 2106.04).
Representative claim 1 recites:
A computer-implemented method comprising:
receiving user attribute data from a plurality of users, wherein the user attribute data comprises data corresponding to one or more user attributes for the plurality of users, and wherein the user attribute data for a respective user comprises data corresponding to an emissions specification for the respective user, data corresponding to a pollution reduction specification for the respective user, or combinations thereof;
determining a plurality of hub communities based on the user attribute data, wherein a respective virtual hub community corresponds to at least a portion of the user attribute data; generating a plurality of advertising attribute units for the plurality of users based on the user attribute data, wherein a respective advertising attribute unit for the respective user corresponds to at least a portion of the user attribute data for the respective user;
providing an advertising attribute market platform for trading the plurality of advertising attribute units, comprising: receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of advertising attribute units; and transmitting the market depth data to the plurality of users based on the plurality of hub communities.
That is, other than reciting “virtual hub communities” nothing in the claim elements precludes the steps from practically being performed in the mind. For example, e.g., a human can look at users attribute data and determine hub communities based on their attribute data. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
In addition, the limitations mentioned above (i.e., “receiving”, “determining”, “providing” and “transmitting”) as drafted, are processes that, under their broadest reasonable interpretations, exemplify commercial interactions (including advertising, marketing or sales activities or behaviors; business relations); or relationships or interactions between people (including social activities, teaching, and following rules or instructions), but for the recitation of generic computer components.
That is, other than reciting “by one or more computing processors” and “at least one memory” (claim 16), “computer executable instructions (claim 19) nothing in the claim elements disqualifies the steps from being commercial interactions including advertising. For example, but for the “by one or more computing processors” language, the steps of “receiving”, “determining”, “providing”, and “transmitting” in the context of this claim encompasses steps of determining a plurality of hub communities based on the user attribute data, wherein a respective hub community corresponds to at least a portion of the user attribute data; generating a plurality of advertising attribute units for the plurality of users based on the user attribute data .
If a claim limitation, under its broadest reasonable interpretation, covers commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions), then it falls within the “Certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Independent claims 16 and 20 recite the same abstract idea as identified above and dependent claims 2-4, 7-15, 17-18 and 20 further narrow it.
Step 2A, Prong Two: Identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and then evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application. Prong Two distinguishes claims that are "directed to" the recited judicial exception from claims that are not "directed to" the recited judicial exception. (MPEP 2106.04).
This judicial exception is not integrated into a practical application. In particular, the claims recite the following additional elements:
• determining a plurality of virtual hub communities (claims 1, 16 and 19)
Graphical layers and user interface, touchscreen display (claims 5-7);
• One or more processors, at least one memory (claim 15)
• one or more non-transitory computer-readable media (claims 19);
The “one or more computing processors” “at least one memory” and the “one or more non-transitory computer-readable media”, “graphical layers, user interfaces and touchscreen displays are recited at a high-level of generality (i.e., as generic) such that they amount no more than mere instructions to apply the exception using generic computer components. They are no more than a tool to perform the “receiving”, “determining”, “generating”, “providing” and “transmitting” steps.
The additional elements of a plurality of virtual hub communities are considered as “apply it” as the claim invokes the computer as a tool to perform the abstract idea. See MPEP 2106.05(f)(2) (similar to Apple, Inc. v Ameranth and Intellectual Ventures I LLC v Capital One Bank (USA).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. (MPEP 2106.05(f) Mere Instructions To Apply An Exception).
Regarding the limitation “a plurality of virtual hub communities” , as seen above, this limitation has been interpreted as “apply it”. However, this limitation can be additionally interpreted as insignificant extra-solution activity. As such, this limitation alone and in combination, does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. (MPEP 2106.05(g) Insignificant Extra-Solution Activity).
Therefore, under Step 2A, Prong Two, the claims are directed to an abstract idea.
Step 2B: Identifying whether there are any additional elements (features/limitations/steps) recited in the claim beyond the judicial exception(s), and then evaluating those additional elements individually and in combination to determine whether they contribute an inventive concept (i.e., amount to significantly more than the judicial exception(s)). (MPEP 2106.05)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of “one or more computing processors”, “one or more non-transitory computer-readable media”, “a plurality of hub communities”, at least one memory”, graphical layers and user interface, touchscreen display, alone, and in combination amount to no more than mere instructions to apply the exception using generic computer components.
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Regarding the limitations one or more computing processors”, “one or more non-transitory computer-readable media”, “a plurality of hub communities”, at least one memory”; graphical layers and user interface, touchscreen display it is noted that sending information over a network has been recognized in the courts as being Well Understood Routine and Conventional (see MPEP 2106.05(d)(II) - i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
Therefore, this additional element does not amount to significantly more than a judicial exception and cannot provide an inventive concept. (MPEP 2106.05(d) Well-Understood, Routine, Conventional Activity).
Therefore, claims 1-20 are not patent eligible.
Claim Rejections - 35 USC § 103
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 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bai (2010/0042421) further in view of Barnes (WO 2013/010160 A1).
With respect to claims 1, 16 and 19, Bai teaches methods and systems and computer readable mediums comprising:
One or more processors and at least one memory (see Figure 1) for:
receiving user attribute data from a plurality of users, wherein the user attribute data comprises data corresponding to one or more user attributes for the plurality of users (see figure 3, 350);
determining one or more virtual hub communities based on the user attribute data, wherein a respective virtual hub community corresponds to at least a portion of the user attribute data (see Figure 4A, 410 for categorizing the user’s attributes to corresponding dining, travel or household);
generating a plurality of advertising attribute units for the plurality of users based on the user attribute data, wherein a respective advertising attribute unit for the respective user corresponds to at least a portion of the user attribute data for the respective user; providing an advertising attribute market platform for trading the plurality of advertising attribute units; receiving market depth data from the plurality of users, wherein the market depth data comprises data indicating a plurality of bid prices and a plurality of offer prices provided by the plurality of users for the plurality of advertising attribute units; and transmitting the market depth data to the plurality of users based on the plurality of hub communities (See Figures 4A-4D and paragraph 0066 for an advertiser to bid on virtually any characteristic for delivery of an advertisement. For example, this may enable an advertiser to bid for and target an advertisement to a particular demographic group, a specific user, specific user characteristics, a specific mobile device, and/or the like. In one example, an advertiser may provide a bid that is a function of an advertisement category, an anticipated delivery time, an anticipated location of the mobile device to which the advertisement is to be delivered, and a targeted user segment. From block 320, processing flows to block 330).
Bai teaches the user’s attribute data corresponding to dining, travel, household. Bai is silent as to the user’s attribute pertaining to emissions corresponding to pollution reduction. Barnes teaches “Process for tracking Greenhouse gas emissions/carbon reductions and other environmental credits in open and closed trading systems” title and on paragraph 0053 “ The invention is adaptable to and includes environmental credits that can be generated by the use of any green product or process that a user can purchase to reduce carbon emissions, water pollution or controlling any monitored substance harmful to the environment”. It would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to have included for the user’s attribute data of Bai to have included, user’s attribute pertaining to emissions corresponding to pollution reduction as taught by Barnes because such a modification would allow the system and methods of Bai to give credit to the users for controlling substances harmful to the environment.
With respect to claims 2 and 17, Bai further teaches: wherein the one or more user attributes comprise user hair color, user weight, user sex, user height, user address, user city, user state, user zip code, user location, user dietary preferences, user historical orders of merchandise food or other goods and services, user purchasing frequency, user login frequency, user music tastes, user color tastes, user family size, user family type, user friends, user travel patterns, user reading lists, user movie preferences, user text preferences, user mail preferences, user mail content, user text content, user application preferences, user browsing history, user date of birth, user country of birth, user parents, user siblings, user fitness patterns, user fitness preferences, user travel location, user career, user job history, user worker colleagues, user advertising patterns, user shipping patterns, user mood, user education, user love life, user dating life, user divorce, user children, user extended family, user alumni network, user school or work network, user religious network or religious affiliation, or combinations thereof (paragraph 0034 for geographic characteristics (e.g., location, population density (urban, semi-urban, rural), climate, etc.); demographic characteristics (e.g., age, gender, family size, education, income, occupation, socioeconomic status, religion, ethnicity, language, etc.); and/or behavioral characteristics (e.g., product usage rate, brand loyalty, readiness to buy, income status, etc.)(paragraph 0038 for sentiment information may be analyzed to determine the user's emotional state, attitude, needs, or intent. For example, a mood, stress level, workload, and/or the like of the user may be inferred based on analyzing sentiment information).
With respect to claims 3 and 18, Bai further teaches wherein the one or more user attributes further comprise user credit score, user payment patterns, user investments, user music preferences and comparison, user comparison rankings of all preferences, user philosophies, user news consumption, user dietary consumption, user sexual orientation, user love languages, user housing preferences, user environment preferences, user city preferences, user birthday preferences, user holiday preferences, user story preferences, user television history, user movie history, user sleep preferences, user driving preferences, user distance from work, user distance from home, user distance from places of importance to user, user mode of transportation, user beverage preferences, user health data, user doctor exam, user blood and biomarker exam laboratory work, user psychology, user vacation preferences, user hero preferences, user dreams, user visions, user languages spoken, user mother tongue, user conversations, user patents, user perceptions, user income, user economic class, user race, user ethnicity, user awards, user accomplishments, user attitude, or combinations thereof (see paragraph 0034 for characteristics may include geographic characteristics (e.g., location, population density (urban, semi-urban, rural), climate, etc.); demographic characteristics (e.g., age, gender, family size, education, income, occupation, socioeconomic status, religion, ethnicity, language, etc.); and/or behavioral characteristics (e.g., product usage rate, brand loyalty, readiness to buy, income status, etc.).
With respect to claim 4 and 20, Bai further teaches wherein determining the plurality of virtual hub communities comprises determining the plurality of virtual hub communities based on user location, user date of birth, or combinations thereof, wherein a respective node of a network node topology for the advertising attribute market platform corresponds to a virtual hub of the plurality of virtual hubs. (see Figure 4A, 410 for categorizing the user’s attributes to corresponding dining, travel or household).
With respect to claims 5-7, Bai further teaches providing the advertising attribute market platform for trading the plurality of advertising attribute units further comprises generating one or more graphical layers based on the user attribute data and the market depth data; and transmitting the market depth data comprises transmitting the one or more graphical layers to one or more user devices associated with at least a subset of the plurality of users; wherein the one or more graphical layers correspond to a network mode topology for the advertising attribute market platform in real time (see mobile device interface 220 and advertiser interface 280 on Figure 2); wherein the one or more graphical layers are configured to be displayed using a user interface of a respective user device, wherein the user interface comprises a touchscreen display or an augmented non-screen display (e.g., smart phones) may have a touch-sensitive screen, a stylus, and a relatively high-resolution display)(paragraph 0014).
With respect to claim 8, Bai further teaches wherein providing the advertising attribute market platform further comprises: receiving updated market depth data for the plurality of advertising attribute in real time, wherein the updated market depth data comprises data corresponding to one or more updated bid prices and one or more updated offer prices for the plurality of advertising attribute units; and transmitting the updated market depth data to the plurality of users based on the plurality of virtual hub communities (see paragraphs 0033, 0054 and 0063).
With respect to claims 9-11, Bai further teaches market depth data further comprises first data from a first user of the plurality of users, wherein the first data indicates a first bid price or a first offer price for a first advertising attribute unit of the plurality of advertising attribute units; wherein the transaction input data further comprises time in force data, wherein the time in force data indicates a selection of one or more time in force conditions by the first user for an acceptance of the first bid price or the first offer price; a second user of the plurality of users; wherein the transaction input data indicating an acceptance by the second user of the bid price or the first offer price for the advertising attribute unit (see paragraph 0061 for advertisers may utilize the ability to bid on the various characteristics discussed above, to target advertisements, and to track return on advertisement expenditures. For example, advertisers may provide relatively higher bids for delivery of coupons at certain times (e.g., advertisements for fast food at lunchtime, etc.), to mobile devices within a given targeted area, when relatively more inventory is available, to users belonging in a user segment that is relatively likely to purchase the advertiser's product (e.g., "users/ a user, a second user who often drink coffee," "users who often go to XYZ Coffee Shop," etc.), to users who have previously purchased the advertiser's product, to users who have previously purchased a competitor's product, and/or the like).
Claim 12 further recites contract between the first use and the second user. Official Notice is taken that it is old and well known to have a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law. It would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention for the first and second user of Bai to have a contract between them, in order to have a written agreement that can be enforced by law.
With respect to claim 13, the combination of Bai and Barnes are silent as to a bid queue for the one or more bid prices and offer queue being ranked in the offer queue from lowest to highest prices and the offer prices of the same value being ranked by time in the offer queue. Official Notice is taken that it is old and well known to list data items, commands, etc., stored so as to be retrievable in a definite order, therefore it would have been obvious to provide the bids and offer prices ranked in a queue to provide exact order. It would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to have included for the bid of Bai and Barnes to have included, a bid queue for the one or more bid prices and offer queue being ranked in the offer queue from lowest to highest prices and the offer prices of the same value being ranked by time in the offer queue because such a modification would provide the bids in a retrievable, easier to access order.
With respect to claim 14, the combination of Bai and Barnes do not teach blockchain data and the market depth data to the plurality of users based on the blockchain data. Official Notice is taken that it is old and well known to use blockchain for receiving user’s data and to transmit market depth based on the blockchain by for example, utilizing decentralized, immutable ledgers to ensure data privacy, ownership, and security allowing users to control their digital wallets. It would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to have included using blockchain in the combination of Bai and Barnes because such a modification would to ensure data privacy, ownership, and security allowing users to control their digital wallets.
With respect to claim 15, Bai further teaches authenticating the plurality of users based on user network login data using facial recognition security, fingerprint recognition, photo scan recognition, biometric recognition, or combinations thereof, wherein the user network login data is received at user interfaces of user devices associated with the plurality of users (voice recognition algorithms, pattern matching algorithms, computational linguistics algorithms, text mining algorithms, semantic analysis algorithms, vector analysis algorithms, and/or the like may be employed to analyze natural language and/or sentiment information)(paragraph 0039).
References of record but not applied in the current rejection:
Zhao, titled “incentives in Ridesharing with Deficit Control, Proceedings of the 13th International Conference of Autonomous Multiagent Systems” teaches market-based system for ridesharing, where commuters are matched based on their declared travel constraints, the number of available seats and their costs. Based on this information, the system then designates commuters to be either drivers or riders, finds appropriate matches, and calculates rewards for drivers and payment for riders.
Conclusion
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/RAQUEL ALVAREZ/Primary Examiner, Art Unit 3622