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 .
Priority
Acknowledgment is made of applicant’s claim for domestic benefit. This application claims benefit to provisional application # 63/545975 filed on 10/27/2023. In addition, this application is a continuation in part of application # 18/781339 filed on 07/23/2024, which is a continuation in part of application # 18/070632 filed on 11/29/2022, which claims benefit to provisional application # 63/286141 filed on 12/06/2021.
Status of Claims
Claims 1-27 were rejected in the Non-Final Office action mailed on 09/05/2025. Applicant’s amended claimset, entered on 11/19/2025, canceled Claims 1-27, and added new Claims 28-45. Herein this Final Office Action, Claims 28-45 are rejected.
Response to Arguments
Applicant’s arguments filed 11/19/2025, with respect to Rejections under 35 U.S.C. 112(b), have been fully considered and are persuasive. The rejected claims have been cancelled. However, the new claims are rejected by 35 U.S.C. 112(b) under new grounds as discussed below.
Applicant’s arguments filed 11/19/2025, with respect to Rejections under 35 U.S.C. 101 for Claims 28-45, have been fully considered and are not persuasive.
On Pages 7-8. Applicant argues that the claims recite additional elements that integrate the abstract idea into a practical application. Applicant argues that the claims are directed “to a technical improvement over prior art systems, in at least one aspect, in analyzing and processing data.” Applicant distinguishes the use of a single database in Mehta, with the instant claims which accesses a single platform. “Applicant's claimed system does not require the storage and updating of such numerous past sales transactions [as would be required by Mehta], therefore applicant's system provides more efficient data processing, reduced computational load, and reduced storage space/capacity requirements. Additionally, by accessing and searching online live wholesale gemstone trading platforms for real-time live wholesale market pricing information, applicant's system provides much enhanced results accuracy. Whereas prior art systems, such as Mehta, is looking at past transactions instead of actual real-time current data, and therefore provides less accurate and dated results. Therefore, the applicant's claimed system and method provides a specific improvement over prior systems and methods, resulting in more efficient data processing, reduced computational load, reduced storage space/capacity, and enhanced model accuracy.” Examiner does not agree.
First, Examiner responds that novelty and non-obviousness over the prior are is of no relevance to patent subject matter eligibility analysis. MPEP 2106.05.I (“As made clear by the courts, the "‘novelty’ of any element or steps in a process, or even of the process itself, is of no relevance in determining whether the subject matter of a claim falls within the § 101 categories of possibly patentable subject matter." Intellectual Ventures I v. Symantec Corp., 838 F.3d 1307, 1315, 120 USPQ2d 1353, 1358 (Fed. Cir. 2016) (quoting Diamond v. Diehr, 450 U.S. at 188–89, 209 USPQ at 9).”
Second Examiner responds that MPEP 2106.05(a) requires an improvement to the technology “itself,” distinguishing from an improvement in an abstract idea itself, beyond an assertion in a “conclusory manner,” for patent eligible subject matter. Applicant’s assertion of “enhanced model accuracy” is an improvement in the abstract idea itself.
Finally, Applicant’s assertion of reduced storage and use of “live” “real-time” pricing information instead of past transactions is not supported by the specification. Specification Pages 7-9 discuss retrieving pricing information from multiple platforms, “such as, but not limited to, the International Diamond Exchange (IDEX), Rapnet, Polygon, Virtual diamond Boutique, and/or the like.” Additionally, Pages 2-3 shows that the “real time” pricing information can include historic transactions over a defined period of time, which are averaged. Applicant’s specification fails to provide the technical explanation required by MPEP 2106.05(a) for the claims to provide a patent eligible improvement to the technology itself. Examiner has considered the requirements of MPEP 2106.05(a), and the rejection remains.
Applicant’s arguments filed 11/19/2025, with respect to Rejections under 35 U.S.C. 103 for Claims 28-45, have been fully considered and are moot in light of the additionally cited art of US-20170140445-A1 (“Carmody”).
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.
Claims 28-45 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 28 recites the limitation "c. one or more weblinks displayed or printed on the gemstone grading report, wherein the one or more weblinks are configured as machine readable only media, and wherein upon reading the machine readable only media a live pricing application is accessed and activated, . . .” (Emphasis added) in subsection “c.” There is confusion as to the scope of the recited “machine readable only media.” The specification does not provide a special definition for “machine readable only media” compared to the “machine readable media” of the previous claimset (Page 5 states “. . . the gemstone management system and methods provide a diamond or gemstone grading report that may further include a pricing weblink, such as a pricing QR code, bar code, or any other type of readable media that may be used to access online pricing data . . .”). Additionally, although “machine readable media” is a commonly known in the art, a person of ordinary skill in the art would not consider “machine readable only media” a known term in the art. Therefore, there are multiple reasonable interpretations of a “machine readable only media,” as follows: 1) the “only” is a typographical error or not intended to have a more narrow scope than “machine readable media,” 2) the “only” limits the “media” to being “only” “readable” (i.e. only use of visual means) by a machine, 3) the “only” limits the purpose of the “media” to being “only” for being “readable”, or 4) the “only” limits the contents of “media” to being “only” “readable” (i.e. decipherable) by a machine, i.e. excluding the “media” from being read by non-machines. Because there are a plurality of broadest reasonable interpretations, the claim is rejected as indefinite under 35 U.S.C. 112(b).
Further examination of Claim 28 herein will be based on interpreting “machine readable only media” as analogous to “machine readable media.”
Claims 29-36 are rejected based on dependency and similar recitation of “machine readable only media” to Claim 28.
Claims 37-45 recite similar language to the “machine readable only media” in Claims 28-36 as discussed above, and therefore is rejected with similar justification under 35 U.S.C. 112(b).
Claim 35 recites “The system of claim 28, wherein the gemstone comprises any of a precious stone and/or jewelry.” Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “gemstone” in Claim 35 is used by the claim to include “jewelry,” such as a “watch” in dependent Claim 36, despite the accepted meaning of a gemstone being limited to a stone or mineral, or other materials including organic materials, such as pearl or amber. Thus, the term is indefinite because the specification does not clearly redefine the term.
For Examination purposes herein, the “gemstone” of Claim 35 will be interpreted as an “item” comprising “any of a precious stone and/or jewelry.”
Claim 36 is rejected based on dependency on Claim 35.
Claims 44-45 recite similar language to the “gemstone” in Claims 35-36 as discussed above, and therefore is rejected with similar justification under 35 U.S.C. 112(b).
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 28-45 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claims 28-36 recite a system (i.e. a machine or manufacture) and Claims 37-45 recite a method (i.e. a process). Therefore, Claims 28-45 all fall within the one of the four statutory categories of invention of 35 U.S.C. 101.
Step 2A, Prong One
Independent Claim 28 recites the abstract idea of:
“a. a gemstone grading report associated with a subject gemstone;
b. gemstone data of the subject gemstone displayed or printed on the gemstone grading report;
c. one or more [machine readable only media] displayed or printed on the gemstone grading report,
. . . , and
wherein upon reading the machine readable only media [information] is accessed and activated, and wherein the [information] is configured to automatically access one or more . . . live wholesale gemstone trading platforms and to . . . initiate a search query in real-time for live wholesale market pricing information for gemstones having comparable characteristics as the subject gemstone;
e. a live pricing algorithm, wherein the live pricing algorithm is configured to automatically calculate an average dealer price and one or both of a retail price and a buy price for the subject gemstone, wherein the average dealer price is calculated by averaging the wholesale market price of the gemstones identified in the search query, the retail price is calculated by applying a percent markup to the calculated average dealer price, and the buy price is calculated by deducting a percent markdown from the calculated average dealer price; and
f. . . . to display the calculated average dealer price and one or both of the calculated retail price and/or the calculated buy price for the subject gemstone.”
The limitations stated above are processes/ functions that under broadest reasonable interpretation covers (1) gemstone grading report associated with a gemstone including gemstone data and machine readable media, (2) upon reading the machine readable media directing (e.g. showing or guiding) a user to real-time pricing information, (3) pricing algorithm that performs calculations, and (4) displaying prices, all of which are: mathematical formulas (percentage markup and markdown) and mathematical calculations (i.e. calculating the prices), which are mathematical concepts, an abstract idea, under MPEP 2106.04(a)(2)I, and commercial or legal interactions (i.e. grading a gemstone, providing a report, and providing pricing information are at least “marketing or sales activities or behaviors”), which are mathematical concepts and certain methods of organizing human activity, an abstract idea, under MPEP 2106.04(a)(2)II. The mere the recitation of generic computer components (i.e., the “system,” “weblink,” “live pricing application,” “online live wholesale gemstone trading platforms,” and “a live pricing tool graphical user interface, wherein the live pricing tool graphical user interface is configured for a user to interact with the live pricing application”) implementing the identified abstract idea does not take the claim out of the mathematical concepts and certain methods of organizing human activity groupings. MPEP 2106.04(d). If a claim limitation, under its broadest reasonable interpretation, covers “commercial or legal interactions” but for the recitation of generic computer components, then it falls in the mathematical concepts and certain methods of organizing human activity groupings of abstract ideas. MPEP 2106.04. Therefore, Claim 28 recites an abstract idea.
Step 2A, Prong Two
The judicial exception is not integrated into a practical application. Claim 28 as a whole amounts to: (i) merely invoking generic components as a tool to perform the abstract idea or “apply it” (or an equivalent) and (ii) generally links the use of a judicial exception to a particular technological environment or field of use. The claim recites the additional elements of:
(i) a system,
(ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query,
(iii) a live pricing application,
(iv) online live wholesale gemstone trading platforms, and
(v) a live pricing tool graphical user interface.
The additional elements of (i) a system (Fig. 1 and Page 6 shows “gemstone management system 100.”), (ii) weblink (Fig. 3 and Pages 13-14 shows “pricing QR code or barcode512” as a weblink. The specification does not address how the weblink functions, but merely includes the resulting functions. Therefore, in order to satisfy 35 U.S.C. 112(a), the weblink uses technology known by a person of ordinary skill in the art, e.g. http address accessed via generic web browser or other application.), (iii) a live pricing application (Fig. 1 and Page 6 shows “live dealer pricing application 110.” Page 8 shows “A desktop application or mobile app may be installed and running on each of the user computers 104. Such a desktop application or mobile app may be implemented, for example, as a .NET application, a desktop application, a mobile app, an application program interface (API), and the like, and may be designed to operate on any device platform, including for example, Windows, Android, Apple, and the like. Accordingly, users 128 may interact with the live dealer pricing application 110 using a desktop or mobile app of their user computer 104 (e.g., smart phone or tablet device).”), (iv) online live wholesale gemstone trading platforms (Pages 7-8 show “Data sources 108 may include any sources of information that may be useful to live dealer pricing application 110, such as real-time dealer/wholesale trade values of gemstones, such as diamonds. Data sources 108 may include, for example, one or more online gemstone trading platforms, such as, but not limited to, the International Diamond Exchange (IDEX), Rapnet, Polygon, Virtual diamond Boutique, and/or the like.”), and (v) a live pricing tool graphical user interface (Fig. 1 and Page 6 show “live dealer pricing tool graphical user interface (GUI) 122.” Page 8 shows “In this example, live dealer pricing tool GUI122 may be a web-based GUI that is accessible via network 106. For example, live dealer pricing application 110 at server 102 may be a software application that may be implemented as a web application and run in a web browser, such as Google Chrome or Microsoft Edge.”), are recited at a high-level of generality, such that, when viewed as whole/ordered combination (Fig. 1 and 3 shows elements in combination.), they amount to no more than mere instruction to apply the judicial exception using generic computer components or “apply it” (See MPEP 2106.05(f)).
The (i) a system, (ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query, (iii) a live pricing application, (iv) online live wholesale gemstone trading platforms, and (v) a live pricing tool graphical user interface, when viewed as whole/ordered combination (Fig. 1 and 3 shows elements in combination.), does no more than generally link the use of the judicial exception to a particular technological environment or field of use (i.e. online computer environment) (See MPEP 2106.05(h)).
Accordingly, these additional elements, when viewed as a whole/ordered combination (Fig. 1 and 3 shows elements in combination.), do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
Step 2B
As discussed above with respect to Step 2A Prong Two, the additional elements amount to no more than: (i) “apply it” (or an equivalent) and (ii) generally link the use of a judicial exception to a particular technological environment or field of use, and are not a practical application of the abstract idea. The same analysis applies here in Step 2B, i.e., (i) merely invoking the generic components as a tool to perform the abstract idea or “apply it” (See MPEP 2106.05(f)) and (ii) generally linking the use of a judicial exception to a particular technological environment or field of use (See MPEP 2106.05(h)), does not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B.
Furthermore, the (i) a system, (ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query, (iii) a live pricing application, (iv) online live wholesale gemstone trading platforms, and (v) a live pricing tool graphical user interface, when viewed as whole/ordered combination are recited at a high-level of generality and performs generic computer functions (i.e., utilizing a weblink on a computer device to access information) that are well-understood, routine and conventional activities previously known in the industry (See MPEP 2106.05(d).II includes “i. Receiving or transmitting data over a network, e.g., using the Internet to gather data” and “v. Electronically scanning or extracting data from a physical document” as “well-understood, routine, and conventional functions” when claimed in a generic manner.”) are recited at a high-level of generality and performs generic computer functions (i.e., utilizing a weblink on a computer device to access information).
Therefore, the additional elements of (i) a system, (ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query, (iii) a live pricing application, (iv) online live wholesale gemstone trading platforms, and (v) a live pricing tool graphical user interface, do not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B. Thus, even when viewed as a whole/ordered combination (Fig. 1 and 3 shows elements in combination.), nothing in the claims adds significantly more (i.e., an inventive concept) to the abstract idea. Thus, the claim is ineligible.
Dependent Claims 29-36 recite the abstract idea of:
“. . . wherein the gemstone data comprises characteristics of the subject gemstone, the characteristics comprising one or more of gemstone type, cut, color, clarity, carat, size, fluorescence, lab grade, dimensions, diagrams, certificate number, images, grading lab, source, and/or source history of the subject gemstone.” (Claim 29).
“. . . [directing the user] to access a gemstone certification certificate of the subject gemstone.” (Claim 30).
“. . . wherein the gemstone grading report comprises one of a digital/electronic format and/or a physical format.” (Claim 31).
“. . . wherein the machine readable only media comprises any of a QR code or a bar code. (Claim 32).
“. . . wherein calculating the average dealer price further comprises averaging the wholesale market price for all gemstones identified in the query going back a defined period of time and generating historical average dealer prices spanning over the defined period of time.” (Claim 33).
“. . . read the machine readable only media.” (Claim 34).
“. . . wherein the gemstone comprises any of a precious stone and/or jewelry.” (Claim 35).
“. . . wherein the jewelry comprises a watch.” (Claim 36).
Dependent Claims 29-36, have been given the full two-prong analysis including analyzing the further elements and limitations, both individually and in combination. When analyzed individually and in combination, these claims are also held to be patent ineligible under 35 U.S.C. 101. The further limitation of Claims 29-36 fail to establish claims that are not directed to an abstract idea because the further limitations include (1) the gemstone data comprising certain characteristics, (2) directing the user to certificate information, (3) the gemstone grading report includes a physical format, (4) the media includes a QR code or bar code, (5) averaging certain prices over a defined period of time, and (6) limiting the type of gemstone that the information relates to, which are a part of the abstract idea. The further elements of Claims 29-36 (i.e. “weblinks” of Claims 30 and “device” of Claim 34) similar to the generic computer components of Claim 28 and generally link the abstract idea to a particular technology or field of use (i.e. online computer environment) just as in Claim 28. The organization of the further limitations of Claims 29-36 fail to integrate an abstract idea into a practical application just as discussed above for Claim 28. Additionally, performing the abstract idea of Claim 28 as recited in each of the further limitations of Claims 29-36, individually or in combination, does not (1) impose any meaningful limits on practicing the abstract ideas, or (2) provide improvements to the functioning of computing systems or to another technology or technical field, just as discussed above regarding Claim 28. Therefore, Claims 29-36 amount to mere instructions to implement the abstract idea (1) using generic computer components—using the computer, in its ordinary capacity, as a tool to perform the abstract idea, and (2) generally linked to a particular technology or field of use. Because the claims merely use a computer, in its ordinary capacity in a particular field of use, as a tool to perform the abstract idea cannot provide an inventive concept, the elements and limitations of Claims 29-36 fail to establish that the claims provide an inventive concept, just as in Claim 28. Therefore, Claims 29-36 fails the Subject Matter Eligibility Test and are consequently rejected under 35 U.S.C. 101.
Step 2A, Prong One
Independent Claim 37 recites the abstract idea of:
“A method of using a gemstone grading report system, comprising:
a. providing a gemstone grading report of a subject gemstone, comprising:
i. a gemstone grading report associated with a subject gemstone;
ii. gemstone data of the subject gemstone displayed or printed on the gemstone grading report;
iii. one or more [machine readable only media] displayed or printed on the gemstone grading report,
. . . , and
wherein upon reading the machine readable only media [information] is accessed and activated, and wherein the [information] is configured to access one or more . . . live wholesale gemstone trading platforms and to . . . initiate a search query in real-time for live wholesale market pricing information for gemstones having comparable characteristics as the subject gemstone;
iv. a live pricing algorithm, wherein the live pricing algorithm is configured to automatically calculate an average dealer price and one or both of a retail price and a buy price for the subject gemstone,
wherein the average dealer price is calculated by averaging the wholesale market price of the gemstones identified in the search query, the retail price is calculated by applying a percent markup to the calculated average dealer price, and the buy price is calculated by deducting a percent markdown from the calculated average dealer price; and
v. . . . to display the calculated average dealer price and one or both of the calculated retail price and/or the calculated buy price for the subject gemstone;
b. reading the machine readable only media to access and activate the [information];
c. . . . initiating the search query in real-time for live wholesale market pricing information for gemstones having comparable characteristics as the subject gemstone;
d. automatically calculating the average dealer price and one or both of the retail price and the buy price for the subject gemstone; and
e. displaying the calculated average dealer price and one or both of the retail price and the buy price for the subject gemstone . . . .”
The limitations stated above are processes/ functions that under broadest reasonable interpretation covers (1) gemstone grading report associated with a gemstone including gemstone data and machine readable media, (2) upon reading the machine readable media directing (e.g. showing or guiding) a user to real-time pricing information, (3) pricing algorithm that performs calculations, and (4) displaying prices, all of which are: mathematical formulas (percentage markup and markdown) and mathematical calculations (i.e. calculating the prices), which are mathematical concepts, an abstract idea, under MPEP 2106.04(a)(2)I, and commercial or legal interactions (i.e. grading a gemstone, providing a report, and providing pricing information are at least “marketing or sales activities or behaviors”), which are mathematical concepts and certain methods of organizing human activity, an abstract idea, under MPEP 2106.04(a)(2)II. The mere the recitation of generic computer components (i.e., the “system,” “weblink,” “live pricing application,” “online live wholesale gemstone trading platforms,” and “a live pricing tool graphical user interface, wherein the live pricing tool graphical user interface is configured for a user to interact with the live pricing application”) implementing the identified abstract idea does not take the claim out of the mathematical concepts and certain methods of organizing human activity groupings. MPEP 2106.04(d). If a claim limitation, under its broadest reasonable interpretation, covers “commercial or legal interactions” but for the recitation of generic computer components, then it falls in the mathematical concepts and certain methods of organizing human activity groupings of abstract ideas. MPEP 2106.04. Therefore, Claim 37 recites an abstract idea.
Step 2A, Prong Two
The judicial exception is not integrated into a practical application. Claim 37 as a whole amounts to: (i) merely invoking generic components as a tool to perform the abstract idea or “apply it” (or an equivalent) and (ii) generally links the use of a judicial exception to a particular technological environment or field of use. The claim recites the additional elements of:
(i) a system,
(ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query,
(iii) a live pricing application,
(iv) online live wholesale gemstone trading platforms, and
(v) a live pricing tool graphical user interface.
The additional elements of (i) a system (Fig. 1 and Page 6 shows “gemstone management system 100.”), (ii) weblink (Fig. 3 and Pages 13-14 shows “pricing QR code or barcode512” as a weblink. The specification does not address how the weblink functions, but merely includes the resulting functions. Therefore, in order to satisfy 35 U.S.C. 112(a), the weblink uses technology known by a person of ordinary skill in the art, e.g. http address accessed via generic web browser or other application.), (iii) a live pricing application (Fig. 1 and Page 6 shows “live dealer pricing application 110.” Page 8 shows “A desktop application or mobile app may be installed and running on each of the user computers 104. Such a desktop application or mobile app may be implemented, for example, as a .NET application, a desktop application, a mobile app, an application program interface (API), and the like, and may be designed to operate on any device platform, including for example, Windows, Android, Apple, and the like. Accordingly, users 128 may interact with the live dealer pricing application 110 using a desktop or mobile app of their user computer 104 (e.g., smart phone or tablet device).”), (iv) online live wholesale gemstone trading platforms (Pages 7-8 show “Data sources 108 may include any sources of information that may be useful to live dealer pricing application 110, such as real-time dealer/wholesale trade values of gemstones, such as diamonds. Data sources 108 may include, for example, one or more online gemstone trading platforms, such as, but not limited to, the International Diamond Exchange (IDEX), Rapnet, Polygon, Virtual diamond Boutique, and/or the like.”), and (v) a live pricing tool graphical user interface (Fig. 1 and Page 6 show “live dealer pricing tool graphical user interface (GUI) 122.” Page 8 shows “In this example, live dealer pricing tool GUI122 may be a web-based GUI that is accessible via network 106. For example, live dealer pricing application 110 at server 102 may be a software application that may be implemented as a web application and run in a web browser, such as Google Chrome or Microsoft Edge.”), are recited at a high-level of generality, such that, when viewed as whole/ordered combination (Fig. 1 and 3 shows elements in combination.), they amount to no more than mere instruction to apply the judicial exception using generic computer components or “apply it” (See MPEP 2106.05(f)).
The (i) a system, (ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query, (iii) a live pricing application, (iv) online live wholesale gemstone trading platforms, and (v) a live pricing tool graphical user interface, when viewed as whole/ordered combination (Fig. 1 and 3 shows elements in combination.), does no more than generally link the use of the judicial exception to a particular technological environment or field of use (i.e. online computer environment) (See MPEP 2106.05(h)).
Accordingly, these additional elements, when viewed as a whole/ordered combination (Fig. 1 and 3 shows elements in combination.), do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
Step 2B
As discussed above with respect to Step 2A Prong Two, the additional elements amount to no more than: (i) “apply it” (or an equivalent) and (ii) generally link the use of a judicial exception to a particular technological environment or field of use, and are not a practical application of the abstract idea. The same analysis applies here in Step 2B, i.e., (i) merely invoking the generic components as a tool to perform the abstract idea or “apply it” (See MPEP 2106.05(f)) and (ii) generally linking the use of a judicial exception to a particular technological environment or field of use (See MPEP 2106.05(h)), does not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B.
Furthermore, the (i) a system, (ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query, (iii) a live pricing application, (iv) online live wholesale gemstone trading platforms, and (v) a live pricing tool graphical user interface, when viewed as whole/ordered combination are recited at a high-level of generality and performs generic computer functions (i.e., utilizing a weblink on a computer device to access information) that are well-understood, routine and conventional activities previously known in the industry (See MPEP 2106.05(d).II includes “i. Receiving or transmitting data over a network, e.g., using the Internet to gather data” and “v. Electronically scanning or extracting data from a physical document” as “well-understood, routine, and conventional functions” when claimed in a generic manner.”) are recited at a high-level of generality and performs generic computer functions (i.e., utilizing a weblink on a computer device to access information).
Therefore, the additional elements of (i) a system, (ii) weblink, that automatically accesses an application, which accesses a platform, and initiates a search query, (iii) a live pricing application, (iv) online live wholesale gemstone trading platforms, and (v) a live pricing tool graphical user interface, do not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B. Thus, even when viewed as a whole/ordered combination (Fig. 1 and 3 shows elements in combination.), nothing in the claims adds significantly more (i.e., an inventive concept) to the abstract idea. Thus, the claim is ineligible.
Dependent Claims 38-45 recite the abstract idea of:
“. . . , entering any additional required information of the subject gemstone into the live pricing application not automatically entered therein” (Claim 38).
“. . . wherein the gemstone data comprises characteristics of the subject gemstone, the characteristics comprising one or more of gemstone type, cut, color, clarity, carat, size, fluorescence, lab grade, dimensions, diagrams, certificate number, images, grading lab, source, and/or source history of the subject gemstone.” (Claim 39).
“. . . [directing the user] to access a gemstone certification certificate of the subject gemstone.” (Claim 40).
“. . . wherein the gemstone grading report comprises one of a digital/electronic format and/or a physical format.” (Claim 41).
“. . . wherein the machine readable only media comprises any of a QR code or a bar code. (Claim 42).
“. . . read the machine readable only media.” (Claim 43).
“. . . wherein the gemstone comprises any of a precious stone and/or jewelry.” (Claim 44).
“. . . wherein the jewelry comprises a watch.” (Claim 45).
Dependent Claims 38-45, have been given the full two-prong analysis including analyzing the further elements and limitations, both individually and in combination. When analyzed individually and in combination, these claims are also held to be patent ineligible under 35 U.S.C. 101. The further limitation of Claims 38-45 fail to establish claims that are not directed to an abstract idea because the further limitations include (1) the gemstone data comprising certain characteristics, (2) directing the user to certificate information, (3) the gemstone grading report includes a physical format, (4) the media includes a QR code or bar code, (5) averaging certain prices over a defined period of time, and (6) limiting the type of gemstone that the information relates to, which are a part of the abstract idea. The further elements of Claims 38-45 (i.e. “the live pricing application” of Claim 38, “weblinks” of Claims 40 and “device” of Claim 43) similar to the generic computer components of Claim 37 and generally link the abstract idea to a particular technology or field of use (i.e. online computer environment) just as in Claim 37. The organization of the further limitations of Claims 38-45 fail to integrate an abstract idea into a practical application just as discussed above for Claim 37. Additionally, performing the abstract idea of Claim 37 as recited in each of the further limitations of Claims 38-45, individually or in combination, does not (1) impose any meaningful limits on practicing the abstract ideas, or (2) provide improvements to the functioning of computing systems or to another technology or technical field, just as discussed above regarding Claim 37. Therefore, Claims 38-45 amount to mere instructions to implement the abstract idea (1) using generic computer components—using the computer, in its ordinary capacity, as a tool to perform the abstract idea, and (2) generally linked to a particular technology or field of use. Because the claims merely use a computer, in its ordinary capacity in a particular field of use, as a tool to perform the abstract idea cannot provide an inventive concept, the elements and limitations of Claims 38-45 fail to establish that the claims provide an inventive concept, just as in Claim 37. Therefore, Claims 38-45 fails the Subject Matter Eligibility Test and are consequently rejected under 35 U.S.C. 101.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 28-45 are rejected under 35 U.S.C. 103 as being unpatentable over US-20060020524-A1 (“Yeko”) in view of US-20090319336-A1 (“Mehta”) and US-20170140445-A1 (“Carmody”).
Regarding Claim 28, Yeko teaches “A gemstone grading report system” (Fig. 1 and ¶23 shows “system 10 for providing printed information to consumers regarding jewelry items such as a first jewelry item 12.” Fig. 1 and ¶26 shows “The jewelry item 12 [(i.e. subject gemstone)] is intended to be representative of any of a variety of different types of jewels and jewelry items including, for example, precious stones (for example, diamonds, rubies, emeralds), rings, pieces of jewelry having jewels embedded therewithin, necklaces, and a variety of other types of jewelry made of a variety of materials such as gold, silver and platinum.”), “comprising:”
“a. a gemstone grading report associated with a subject gemstone” (Fig. 3 and ¶59 shows “[A]t a step 230, the local system 10 further receives other information concerning the jewelry item such as information of the types 38-47 of FIG. 1. Next, at a step 240, the various image and other jewelry information is processed, for example, by way of the processing unit 28 implementing the downloaded processing control program 170. This information is provided then to a printing device such as the printing device 50, which prints a certificate based upon the information at a step 250.” Fig. 1 and ¶30 shows “The printed certificate 52 (or other printed medium) can display a variety of information regarding one (or potentially more then one) jewelry item such as the jewelry item 12 [(i.e. subject gemstone)]. In the example shown, an image 60 (for example, a clear, full color digital quality photo) is provided on a right side 62 of the certificate 52, while the input information 38-47 is provided in modified form along a left side 64 of the certificate.” Thus, the “certificate 52” teaches “a gemstone grading report associated with a gemstone.”);
“b. gemstone data of the subject gemstone displayed or printed on the gemstone grading report” (Fig. 3 and ¶59 shows “[A]t a step 230, the local system 10 further receives other information concerning the jewelry item such as information of the types 38-47 of FIG. 1. Next, at a step 240, the various image and other jewelry information is processed, for example, by way of the processing unit 28 implementing the downloaded processing control program 170. This information is provided then to a printing device such as the printing device 50, which prints a certificate based upon the information at a step 250.” (Emphasis added). Fig. 1 and ¶30 shows “The printed certificate 52 (or other printed medium) can display a variety of information regarding one (or potentially more then one) jewelry item such as the jewelry item 12. In the example shown, an image 60 (for example, a clear, full color digital quality photo) is provided on a right side 62 of the certificate 52, while the input information 38-47 is provided in modified form along a left side 64 of the certificate.” (Emphasis added).); and
“c. one or more weblinks displayed or printed on the gemstone grading report, wherein the one or more weblinks are configured as machine readable only media, . . .” (Fig. 1 and ¶31 shows “In some embodiments the certificates can be numbered (to allow for accounting/tracing of issued certificates), or include other identifying marks or indicia. In certain preferred embodiments, and as shown in FIG. 1, the certificate also includes one or more bar codes 61 [(i.e. one or more weblinks comprising machine readable only media)] that are indicative of the identity of the certificate and/or various information contained on or otherwise associated with the certificates. Relatedly, the present system 10 also includes a bar code scanner/reader 63 that can be used to read the bar codes on the certificates. The bar code information, when read, can be utilized by the system to quickly determine the identity of a particular certificate after it has been printed. As discussed in further detail below, depending upon the circumstance in which the bar code information is read (and/or additional information input by a user interacting with the system), scanning of a bar code on a certificate can serve as an indication that a jewelry item has just been purchased, that the corresponding certificate has just been validated, or that the jewelry item associated with the certificate has undergone some transaction or transition, for example, the jewelry item was cleaned, fixed or otherwise maintained subsequent to its purchase.” (Emphasis added). ¶99 shows “Typically, as discussed above, a customer requesting an appraisal would provide the retail user with the customer's certificate, and retail user would scan in the certificate number/code using the bar code scanner. Then, upon completion of the appraisal, the new appraisal information would be entered and saved on the system.” ¶37 shows “the graphical user interface provided on the computer terminal 22 can be created through the use of a standard browser program that, upon receiving webpages off of the internet, then displays those webpages.” Fig. 1 and ¶25 and ¶31 shows “computer terminal 22” (i.e. computing device) with “input/output interface 24” connected to “bar code scanner/reader 63.” Thus, Yeko teaches that scanning the barcode links “computer terminal 22” with a webpage displaying information associated with the gemstone including an appraisal value (see also Fig. 1 and ¶26 showing “an estimated monetary value of the diamond 47). Although ¶36 shows “Further, in some embodiments, the software would include programming allowing for estimates of jewelry items' value to be calculated based upon other information input by users, such as the diamond-related information shown as information 38-46 on FIG. 1 or certain market-related information.” (Emphasis added), Yeko does not explicitly discuss how current (e.g. real time) the value calculated based on “certain market-related information” would be.).
Yeko does not explicitly teach, but Mehta teaches:
“[c.] wherein upon reading the machine readable only media a live pricing application is accessed and activated” (Fig. 1-3 and ¶40 shows the steps of receiving details about a diamond and using “Table 1” to determine the price of the diamond. ¶¶79-80 shows “b. The data entry can be manual or will be scanned into the system using a bar-code stored in a “smartcard” or through other means like a Radio Frequency Identification (RFID) tag. c. When the data is entered into the system, the matrix will use these parameters to evaluate the true value of the diamond and then give it as an output to the trader.” (Emphasis added). ¶87 shows “A typical combination of hardware and software could be a general-purpose computer system with a computer program that, when being loaded and executed, controls the computer system such that it carries out the methods described herein.” Thus, the “computer program” of ¶87, in light of the functions of ¶¶79-80, teaches the “live pricing application” that is “accessed and activated.”), and
“wherein the live pricing application is configured to automatically access one or more online live wholesale gemstone trading platforms and to automatically initiate a search query in real-time for live wholesale market pricing information for gemstones having comparable characteristics as the subject gemstone” (Fig. 2 and ¶¶61-63 shows “[0061] In step 120, data records for the latest 500 sales transactions of diamonds, along with the values of the parameters mentioned in Table 1 [(i.e. market pricing information)], is stored in a transaction database [(i.e. one or more online gemstone trading platforms)] in block 122. Data records from block 122 are retrieved and reviewed in step 120. The latest 500 sales or transactions of diamonds are kept in storage in the transaction database of block 122 together with the parameter values of Table 1, and constantly updated [(i.e. the platform is “live”)]. The number of transactions considered can be increased later from the current value of 500, as the database grows in size. [0062] In step 124, the data records are compared with the diamond under consideration to segregate and extract those data records which match [(i.e. automatically query for comparable gemstones)] , i.e. are the same as or closely approximate the diamond under consideration with respect to its given shape, size range, color range, clarity range and cut. For the data records extracted as above, in Step 126—the discount/premium is obtained for each parameter i in Table 1 as follows: Extract records from the above where values of all parameters apart from i. are equal or within a reasonably small range. [0063] Then in step 128, from the records identified above, the discount/premium for parameter (i) is processed as follows. Let the sales price be Y(i) and the value of the parameter (i), be V(i). Since the remaining parameters are the same or within a reasonably small range, the variation in price Y(i) is mainly dependent on the variation in V(i). Let the price be Y for the ideal value of V(0). (Ideal value of V(i) is defined as the value which would be applicable to a flawless diamond for that particular parameter. Thus, if the parameter being considered is black inclusions %—the ideal value of the parameter would be 0 as there would be no black inclusions in a flawless diamond). The determined average sales price Y for the ideal value of the parameter V(0) is output and is passed to step 130.” (Emphasis added). ¶¶10-11 and ¶¶85-86 shows that the calculated “true value” is used by banking institutions, and manufacturers, and therefore represents a “wholesale” based value. See also ¶¶77-83 showing the “automatic” and “real-time” nature of the query.);
“e. a live pricing algorithm, wherein the live pricing algorithm is configured to automatically calculate an average dealer price and one or both of a retail price and a buy price for the subject gemstone” (As discussed above, Fig. 2 and ¶¶62-63 shows calculating an “average sales price Y” (i.e. average dealer price) at step 128. ¶¶79-80 shows “b. The data entry can be manual or will be scanned into the system using a bar-code stored in a “smartcard” or through other means like a Radio Frequency Identification (RFID) tag. c. When the data is entered into the system, the matrix will use these parameters to evaluate the true value of the diamond and then give it as an output to the trader.” (Emphasis added). Thus, Mehta teaches that the calculations are performed automatically in real time. ¶85 shows that the output price represents a “best price” that can help a company complete a “buy” “transaction.” Therefore, ¶85 teaches at least “a buy price for the subject gemstone.),
“wherein the average dealer price is calculated by averaging the wholesale market price of the gemstones identified in the search query, . . .” (Fig 1 and ¶¶39-59 shows that the final price is determined by getting a base price based on the diamond characteristics in Step 104, and then modifying the base price based on weighted discounts/premiums associated with each specific diamond characteristic in Steps 108-116. Fig. 1 and ¶40 shows “In step 104, the base price, BP, is calculated as the average sales price for a representative diamond in each buckets of shape, size, color, clarity and cut—the base price thus represents the price of the base/standard/index diamond in each bucket—and is used as the base price over which the discount/premium of the diamond to be valued is calculated, and the output goes to step 106.” (Emphasis added). ¶52 shows “Step 3 Calculate the base price, BP, as the average sales price for a base/standard/index diamond for a given shape, size, color, clarity and cut.” Additionally, the application of the weighted discount/premiums that adjust the price based on each parameter in Steps 108-116 of Fig. 1 and Steps 120-150 of Fig. 2-3 teaches the use of a weighted average.); and
“f. a live pricing tool graphical user interface, wherein the live pricing tool graphical user interface is configured for a user to interact with the live pricing application and to display the calculated average dealer price and one or both of the calculated retail price and/or the calculated buy price for the subject gemstone” (¶48 shows “Thereafter, the total adjusted price or Net Price [(i.e. calculated average dealer price and buy price)] is output either to a printer, a display [(i.e. a live pricing tool graphical user interface)], a memory, or communicated to a remote point via telecommunication, and intranet or the Internet.” ¶87 shows “A typical combination of hardware and software could be a general-purpose computer system with a computer program that, when being loaded and executed, controls the computer system such that it carries out the methods described herein.” Fig. 8 and ¶90 showing “The computer system can include a display interface 1308 that forwards graphics, text, and other data from the communication infrastructure 1302 (or from a frame buffer not shown) for display on the display unit 1310.” Thus, at least ¶87 and ¶90 of Mehta teaches that the GUI interacts with the live pricing application.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mehta with Yeko because Yeko teaches calculating the price based on market data (¶36) and Mehta teaches using market data to better obtain a “true value” of a diamond (¶¶1-9). Thus, combining Mehta with Yeko furthers the interest taught in Yeko, and therefore, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Yeko and Mehta do not explicitly teach, but Carmody teaches “the retail price is calculated by applying a percent markup to the calculated average dealer price, and the buy price is calculated by deducting a percent markdown from the calculated average dealer price” (¶50 shows “The system includes or has stored in device readable media information from the International Wholesale Market listing 12, a database that is updated based on published wholesale prices, and from this an initial estimate of the diamond's wholesale price (IEP) 14 is calculated. After this IEP is calculated, the price is adjusted based on the specific attributes of the diamond, and the system in turn makes the following adjustments to the IEP. These adjustment steps may occur sequentially though the order of these adjustment steps may vary, and with each adjustment a new price estimate (NPE) is generated. In the alternative, the percentage of total adjustment may be calculated separately and applied to the IEP in a single calculation to produce only one NPE [(i.e. calculated average dealer price)].” ¶57 shows “the NPE may then be marked up by a reasonable percentage to reflect the retail sale price, provided that as carat size increases, the percentage of the markup decreases as overhead for the diamond may remain somewhat stable regardless of carat weight, to produce the fair market value (FMV) of the diamond.” (Emphasis added). See also ¶13 showing calculation of FMV and ¶16 showing display of wholesale price, FMV, and percentage.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Carmody with Yeko and Mehta because Carmody teaches that use of FMV, as calculated with a markup, can better represent a gemstone’s value (¶¶3-10). Thus, combining Carmody with Yeko and Mehta furthers the interest taught in Carmody, and therefore, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 29, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko further teaches “wherein the gemstone data comprises characteristics of the subject gemstone, the characteristics comprising one or more of gemstone type, cut, color, clarity, carat, size, fluorescence, lab grade, dimensions, diagrams, certificate number, images, grading lab, source, and/or source history of the subject gemstone” (¶16 shows “The method includes preparing a plurality of certificates relating to jewelry items, where the certificates contain jewelry-related information including respective certificate numbers [(i.e. certificate number)] and respective other information regarding the jewelry items.” Fig. 1 and ¶30 and “The printed certificate 52 (or other printed medium) can display a variety of information regarding one (or potentially more then one) jewelry item such as the jewelry item 12 [(i.e. characteristics of the gemstone)]. In the example shown, an image 60 (for example, a clear, full color digital quality photo) [(i.e. “images”)] is provided on a right side 62 of the certificate 52, while the input information 38-47 is provided in modified form along a left side 64 of the certificate.” ¶26 shows “ input information . . . can be, for example, information such as that shown on the screen 30, namely, jewelry identification information (e.g., a diamond identification number) 38 [(i.e. “gemstone type” see Fig. 1 showing “diamond”)], a diamond cut 40 [(i.e. “cut”)], a diamond color rating 42 [(i.e. “color”)], a diamond clarity grading 44 [(i.e. “clarity”)], a diamond carat value 46 [(i.e. “carat”)] and an estimated monetary value of the diamond 47 (e.g., in the example shown, the diamond is number 135A, and is a H color, VS1 princess cut 1.0 carat diamond having an estimated value of $4500).”).
Regarding Claim 30, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko further teaches:
“wherein the one or more weblinks comprises at least two weblinks” (Fig. 1 and ¶31 shows “the certificate also includes one or more bar codes 61 that are indicative of the identity of the certificate and/or various information contained on or otherwise associated with the certificates.” (Emphasis added). The explicit recitation of “one or more bar codes 61” (emphasis added) teaches “at least two weblinks” (i.e. more than one is two).), and
“wherein one of the at least two weblinks is configured to link the computing device to certificate information of the subject gemstone” (Fig. 1 and ¶31 shows “the certificate also includes one or more bar codes 61 that are indicative of the identity of the certificate [(i.e. certificate information)]and/or various information contained on or otherwise associated with the certificates.” (Emphasis added).).
Regarding Claim 31, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko further teaches “wherein the gemstone grading report comprises one of a digital/electronic format and/or a physical format” (Fig. 1 and ¶28 shows printing “certificate 52” (i.e. gemstone grading report). ¶41 shows “While in the above-described embodiment, the certificates are printed and issued exclusively by the independent jewelers, in alternate embodiments only first or “rough” drafts of the certificates (or possibly no certificates at all) are immediately printed and issued to consumers by the independent jewelers. In such alternate embodiments, “final” drafts of the certificates are subsequently printed and provided to consumers by the secondary company providing the warranty/guarantee (or possibly some other third party), and the final drafts of the certificates can take on a different form (e.g., a business-card size) than that of the rough drafts of the certificates (which might still be in an 8½″ by 11″ format). The information provided on the final drafts of the certificates would still be largely if not entirely based upon information determined by the independent jewelers (which could be communicated to the secondary company either by sending the secondary company copies of the rough drafts of the certificates or electronically as discussed with respect to FIG. 2), and consequently the secondary company would still serve as a guarantor with respect to the certificates.” (Emphasis added). Thus, Yeko teaches both digital/electronic (i.e. sent to the secondary company) and physical format (i.e. printed for the customer) of the report.).
Regarding Claim 32, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko further teaches “wherein the machine readable only media of the one or more weblinks comprises any of a QR code or a bar code” (Fig. 1 and ¶31 shows “the certificate also includes one or more bar codes 61 that are indicative of the identity of the certificate and/or various information contained on or otherwise associated with the certificates.” (Emphasis added).).
Regarding Claim 33, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko does not explicitly teach, but Mehta further teaches “wherein calculating the average dealer price further comprises averaging the wholesale market price for all gemstones identified in the query going back a defined period of time and generating historical average dealer prices spanning over the defined period of time” (¶61 shows “In step 120, data records for the latest 500 sales transactions of diamonds, along with the values of the parameters mentioned in Table 1, is stored in a transaction database in block 122. Data records from block 122 are retrieved and reviewed in step 120. The latest 500 sales or transactions of diamonds are kept in storage in the transaction database of block 122 together with the parameter values of Table 1, and constantly updated. The number of transactions considered can be increased later from the current value of 500, as the database grows in size.” ¶68 shows “In step 140, the transaction database 142 is reviewed for the latest sales transactions (e.g., 500 transactions) of diamonds, along with the parameter values in Table 1.” Thus, Mehta teaches the query going back “a defined period of time,” i.e. defined as the latest 500 transactions. As discussed in greater detail above, ¶¶62-63 shows the calculated average dealer price is an average of those “latest” transactions. See also Fig. 2-3 showing the calculated average.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mehta with Yeko because Yeko teaches calculating the price based on market data (¶36) and Mehta teaches using market data to better obtain a “true value” of a diamond (¶¶1-9). Thus, combining Mehta with Yeko furthers the interest taught in Yeko, and therefore, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 34, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko further teaches “a device configured to read the machine readable only media” (Fig. 1 and ¶31 shows “the present system 10 also includes a bar code scanner/reader 63 that can be used to read the bar codes on the certificates.”).
Regarding Claim 35, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko further teaches “wherein the gemstone comprises any of a precious stone and/or jewelry” (¶26 shows “The jewelry item 12 is intended to be representative of any of a variety of different types of jewels and jewelry items including, for example, precious stones (for example, diamonds, rubies, emeralds), rings, pieces of jewelry having jewels embedded therewithin, necklaces, and a variety of other types of jewelry made of a variety of materials such as gold, silver and platinum.” ¶79 shows “the jewelry item includes one or more diamonds, gems, chains and/or watches.”).
Regarding Claim 36, Yeko, Mehta, and Carmody teach “The system of claim 28,” as discussed above.
Yeko further teaches “wherein the jewelry comprises a watch” (¶79 shows “the jewelry item includes one or more diamonds, gems, chains and/or watches.”).
Regarding Claim 37, Yeko teaches “A method of using a gemstone grading report system” (Fig. 1 and ¶23 shows “system 10 for providing printed information to consumers regarding jewelry items such as a first jewelry item 12.” Fig. 1 and ¶26 shows “The jewelry item 12 [(i.e. subject gemstone)] is intended to be representative of any of a variety of different types of jewels and jewelry items including, for example, precious stones (for example, diamonds, rubies, emeralds), rings, pieces of jewelry having jewels embedded therewithin, necklaces, and a variety of other types of jewelry made of a variety of materials such as gold, silver and platinum.”), “comprising:”
“a. providing a gemstone grading report of a subject gemstone, comprising: i. a gemstone grading report associated with a subject gemstone” (Fig. 3 and ¶59 shows “[A]t a step 230, the local system 10 further receives other information concerning the jewelry item such as information of the types 38-47 of FIG. 1. Next, at a step 240, the various image and other jewelry information is processed, for example, by way of the processing unit 28 implementing the downloaded processing control program 170. This information is provided then to a printing device such as the printing device 50, which prints a certificate based upon the information at a step 250.” Fig. 1 and ¶30 shows “The printed certificate 52 (or other printed medium) can display a variety of information regarding one (or potentially more then one) jewelry item such as the jewelry item 12 [(i.e. subject gemstone)]. In the example shown, an image 60 (for example, a clear, full color digital quality photo) is provided on a right side 62 of the certificate 52, while the input information 38-47 is provided in modified form along a left side 64 of the certificate.” Thus, the “certificate 52” teaches “a gemstone grading report associated with a gemstone.”);
“ii. gemstone data of the subject gemstone displayed or printed on the gemstone grading report” (Fig. 3 and ¶59 shows “[A]t a step 230, the local system 10 further receives other information concerning the jewelry item such as information of the types 38-47 of FIG. 1. Next, at a step 240, the various image and other jewelry information is processed, for example, by way of the processing unit 28 implementing the downloaded processing control program 170. This information is provided then to a printing device such as the printing device 50, which prints a certificate based upon the information at a step 250.” (Emphasis added). Fig. 1 and ¶30 shows “The printed certificate 52 (or other printed medium) can display a variety of information regarding one (or potentially more then one) jewelry item such as the jewelry item 12. In the example shown, an image 60 (for example, a clear, full color digital quality photo) is provided on a right side 62 of the certificate 52, while the input information 38-47 is provided in modified form along a left side 64 of the certificate.” (Emphasis added).); and
“iii. one or more weblinks displayed or printed on the gemstone grading report, wherein the one or more weblinks are configured as machine readable only media, . . .” (Fig. 1 and ¶31 shows “In some embodiments the certificates can be numbered (to allow for accounting/tracing of issued certificates), or include other identifying marks or indicia. In certain preferred embodiments, and as shown in FIG. 1, the certificate also includes one or more bar codes 61 [(i.e. one or more weblinks comprising machine readable only media)] that are indicative of the identity of the certificate and/or various information contained on or otherwise associated with the certificates. Relatedly, the present system 10 also includes a bar code scanner/reader 63 that can be used to read the bar codes on the certificates. The bar code information, when read, can be utilized by the system to quickly determine the identity of a particular certificate after it has been printed. As discussed in further detail below, depending upon the circumstance in which the bar code information is read (and/or additional information input by a user interacting with the system), scanning of a bar code on a certificate can serve as an indication that a jewelry item has just been purchased, that the corresponding certificate has just been validated, or that the jewelry item associated with the certificate has undergone some transaction or transition, for example, the jewelry item was cleaned, fixed or otherwise maintained subsequent to its purchase.” (Emphasis added). ¶99 shows “Typically, as discussed above, a customer requesting an appraisal would provide the retail user with the customer's certificate, and retail user would scan in the certificate number/code using the bar code scanner. Then, upon completion of the appraisal, the new appraisal information would be entered and saved on the system.” ¶37 shows “the graphical user interface provided on the computer terminal 22 can be created through the use of a standard browser program that, upon receiving webpages off of the internet, then displays those webpages.” Fig. 1 and ¶25 and ¶31 shows “computer terminal 22” (i.e. computing device) with “input/output interface 24” connected to “bar code scanner/reader 63.” Thus, Yeko teaches that scanning the barcode links “computer terminal 22” with a webpage displaying information associated with the gemstone including an appraisal value (see also Fig. 1 and ¶26 showing “an estimated monetary value of the diamond 47). Although ¶36 shows “Further, in some embodiments, the software would include programming allowing for estimates of jewelry items' value to be calculated based upon other information input by users, such as the diamond-related information shown as information 38-46 on FIG. 1 or certain market-related information.” (Emphasis added), Yeko does not explicitly discuss how current (e.g. real time) the value calculated based on “certain market-related information” would be.).
Yeko does not explicitly teach, but Mehta teaches:
“[a.iii.] wherein upon reading the machine readable only media a live pricing application is accessed and activated” (Fig. 1-3 and ¶40 shows the steps of receiving details about a diamond and using “Table 1” to determine the price of the diamond. ¶¶79-80 shows “b. The data entry can be manual or will be scanned into the system using a bar-code stored in a “smartcard” or through other means like a Radio Frequency Identification (RFID) tag. c. When the data is entered into the system, the matrix will use these parameters to evaluate the true value of the diamond and then give it as an output to the trader.” (Emphasis added). ¶87 shows “A typical combination of hardware and software could be a general-purpose computer system with a computer program that, when being loaded and executed, controls the computer system such that it carries out the methods described herein.” Thus, the “computer program” of ¶87, in light of the functions of ¶¶79-80, teaches the “live pricing application” that is “accessed and activated.”), and
“[a.iii.] wherein the live pricing application is configured to access one or more online live wholesale gemstone trading platforms and to automatically initiate a search query in real-time for live wholesale market pricing information for gemstones having comparable characteristics as the subject gemstone” (Fig. 2 and ¶¶61-63 shows “[0061] In step 120, data records for the latest 500 sales transactions of diamonds, along with the values of the parameters mentioned in Table 1 [(i.e. market pricing information)], is stored in a transaction database [(i.e. one or more online gemstone trading platforms)] in block 122. Data records from block 122 are retrieved and reviewed in step 120. The latest 500 sales or transactions of diamonds are kept in storage in the transaction database of block 122 together with the parameter values of Table 1, and constantly updated [(i.e. the platform is “live”)]. The number of transactions considered can be increased later from the current value of 500, as the database grows in size. [0062] In step 124, the data records are compared with the diamond under consideration to segregate and extract those data records which match [(i.e. automatically query for comparable gemstones)] , i.e. are the same as or closely approximate the diamond under consideration with respect to its given shape, size range, color range, clarity range and cut. For the data records extracted as above, in Step 126—the discount/premium is obtained for each parameter i in Table 1 as follows: Extract records from the above where values of all parameters apart from i. are equal or within a reasonably small range. [0063] Then in step 128, from the records identified above, the discount/premium for parameter (i) is processed as follows. Let the sales price be Y(i) and the value of the parameter (i), be V(i). Since the remaining parameters are the same or within a reasonably small range, the variation in price Y(i) is mainly dependent on the variation in V(i). Let the price be Y for the ideal value of V(0). (Ideal value of V(i) is defined as the value which would be applicable to a flawless diamond for that particular parameter. Thus, if the parameter being considered is black inclusions %—the ideal value of the parameter would be 0 as there would be no black inclusions in a flawless diamond). The determined average sales price Y for the ideal value of the parameter V(0) is output and is passed to step 130.” (Emphasis added). ¶¶10-11 and ¶¶85-86 shows that the calculated “true value” is used by banking institutions, and manufacturers, and therefore represents a “wholesale” based value. See also ¶¶77-83 showing the “automatic” and “real-time” nature of the query.);
“iv. a live pricing algorithm, wherein the live pricing algorithm is configured to automatically calculate an average dealer price and one or both of a retail price and a buy price for the subject gemstone” (As discussed above, Fig. 2 and ¶¶62-63 shows calculating an “average sales price Y” (i.e. average dealer price) at step 128. ¶¶79-80 shows “b. The data entry can be manual or will be scanned into the system using a bar-code stored in a “smartcard” or through other means like a Radio Frequency Identification (RFID) tag. c. When the data is entered into the system, the matrix will use these parameters to evaluate the true value of the diamond and then give it as an output to the trader.” (Emphasis added). Thus, Mehta teaches that the calculations are performed automatically in real time. ¶85 shows that the output price represents a “best price” that can help a company complete a “buy” “transaction.” Therefore, ¶85 teaches at least “a buy price for the subject gemstone.),
“wherein the average dealer price is calculated by averaging the wholesale market price of the gemstones identified in the search query, . . .” (Fig 1 and ¶¶39-59 shows that the final price is determined by getting a base price based on the diamond characteristics in Step 104, and then modifying the base price based on weighted discounts/premiums associated with each specific diamond characteristic in Steps 108-116. Fig. 1 and ¶40 shows “In step 104, the base price, BP, is calculated as the average sales price for a representative diamond in each buckets of shape, size, color, clarity and cut—the base price thus represents the price of the base/standard/index diamond in each bucket—and is used as the base price over which the discount/premium of the diamond to be valued is calculated, and the output goes to step 106.” (Emphasis added). ¶52 shows “Step 3 Calculate the base price, BP, as the average sales price for a base/standard/index diamond for a given shape, size, color, clarity and cut.” Additionally, the application of the weighted discount/premiums that adjust the price based on each parameter in Steps 108-116 of Fig. 1 and Steps 120-150 of Fig. 2-3 teaches the use of a weighted average.); and
“v. a live pricing tool graphical user interface, wherein the live pricing tool graphical user interface is configured for a user to interact with the live pricing application and to display the calculated average dealer price and one or both of the calculated retail price and/or the calculated buy price for the subject gemstone” (¶48 shows “Thereafter, the total adjusted price or Net Price [(i.e. calculated average dealer price and buy price)] is output either to a printer, a display [(i.e. a live pricing tool graphical user interface)], a memory, or communicated to a remote point via telecommunication, and intranet or the Internet.” ¶87 shows “A typical combination of hardware and software could be a general-purpose computer system with a computer program that, when being loaded and executed, controls the computer system such that it carries out the methods described herein.” Fig. 8 and ¶90 showing “The computer system can include a display interface 1308 that forwards graphics, text, and other data from the communication infrastructure 1302 (or from a frame buffer not shown) for display on the display unit 1310.” Thus, at least ¶87 and ¶90 of Mehta teaches that the GUI interacts with the live pricing application.).
“b. reading the machine readable only media to access and activate the live pricing application” (Fig. 1-3 and ¶40 shows the steps of receiving details about a diamond and using “Table 1” to determine the price of the diamond. ¶¶79-80 shows “b. The data entry can be manual or will be scanned into the system using a bar-code stored in a “smartcard” or through other means like a Radio Frequency Identification (RFID) tag. c. When the data is entered into the system, the matrix will use these parameters to evaluate the true value of the diamond and then give it as an output to the trader.” (Emphasis added). ¶87 shows “A typical combination of hardware and software could be a general-purpose computer system with a computer program that, when being loaded and executed, controls the computer system such that it carries out the methods described herein.” Thus, the “computer program” of ¶87, in light of the functions of ¶¶79-80, teaches the “live pricing application” that is “accessed and activated.”);
“c. automatically initiating the search query in real-time for live wholesale market pricing information for gemstones having comparable characteristics as the subject gemstone” (Fig. 2 and ¶¶61-63 shows the search query as discussed in the similar limitation above. ¶¶10-11 and ¶¶85-86 shows that the calculated “true value” is used by banking institutions, and manufacturers, and therefore represents a “wholesale” based value. See also ¶¶77-83 showing the “automatic” and “real-time” nature of the query.);
“d. automatically calculating the average dealer price and one or both of the retail price and the buy price for the subject gemstone” (As discussed above, Fig. 2 and ¶¶62-63 shows calculating an “average sales price Y” (i.e. average dealer price) at step 128. ¶¶79-80 shows “b. The data entry can be manual or will be scanned into the system using a bar-code stored in a “smartcard” or through other means like a Radio Frequency Identification (RFID) tag. c. When the data is entered into the system, the matrix will use these parameters to evaluate the true value of the diamond and then give it as an output to the trader.” (Emphasis added). Thus, Mehta teaches that the calculations are performed automatically in real time. ¶85 shows that the output price represents a “best price” that can help a company complete a “buy” “transaction.” Therefore, ¶85 teaches at least “a buy price for the subject gemstone.”); and
“e. displaying the calculated average dealer price and one or both of the retail price and the buy price for the subject gemstone via the live pricing tool graphical user interface” (¶48 shows “Thereafter, the total adjusted price or Net Price [(i.e. calculated average dealer price and buy price)] is output either to a printer, a display [(i.e. a live pricing tool graphical user interface)], a memory, or communicated to a remote point via telecommunication, and intranet or the Internet.” ¶87 shows “A typical combination of hardware and software could be a general-purpose computer system with a computer program that, when being loaded and executed, controls the computer system such that it carries out the methods described herein.” Fig. 8 and ¶90 showing “The computer system can include a display interface 1308 that forwards graphics, text, and other data from the communication infrastructure 1302 (or from a frame buffer not shown) for display on the display unit 1310.” Thus, at least ¶87 and ¶90 of Mehta teaches that the GUI interacts with the live pricing application.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mehta with Yeko because Yeko teaches calculating the price based on market data (¶36) and Mehta teaches using market data to better obtain a “true value” of a diamond (¶¶1-9). Thus, combining Mehta with Yeko furthers the interest taught in Yeko, and therefore, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Yeko and Mehta do not explicitly teach, but Carmody teaches “[a.iv.] the retail price is calculated by applying a percent markup to the calculated average dealer price, and the buy price is calculated by deducting a percent markdown from the calculated average dealer price” (¶50 shows “The system includes or has stored in device readable media information from the International Wholesale Market listing 12, a database that is updated based on published wholesale prices, and from this an initial estimate of the diamond's wholesale price (IEP) 14 is calculated. After this IEP is calculated, the price is adjusted based on the specific attributes of the diamond, and the system in turn makes the following adjustments to the IEP. These adjustment steps may occur sequentially though the order of these adjustment steps may vary, and with each adjustment a new price estimate (NPE) is generated. In the alternative, the percentage of total adjustment may be calculated separately and applied to the IEP in a single calculation to produce only one NPE [(i.e. calculated average dealer price)].” ¶57 shows “the NPE may then be marked up by a reasonable percentage to reflect the retail sale price, provided that as carat size increases, the percentage of the markup decreases as overhead for the diamond may remain somewhat stable regardless of carat weight, to produce the fair market value (FMV) of the diamond.” (Emphasis added). See also ¶13 showing calculation of FMV and ¶16 showing display of wholesale price, FMV, and percentage.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Carmody with Yeko and Mehta because Carmody teaches that use of FMV, as calculated with a markup, can better represent a gemstone’s value (¶¶3-10). Thus, combining Carmody with Yeko and Mehta furthers the interest taught in Carmody, and therefore, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 38, Yeko, Mehta, and Carmody teach “The method of claim 37,” as discussed above.
Yeko further teaches “after accessing the live pricing application, entering any additional required information of the subject gemstone into the live pricing application not automatically entered therein” (¶65 shows “In a preferred embodiment, information relating to a jewelry item that arises subsequent to the creation of a certificate concerning that jewelry item can be entered into the system (at least at retail sites) at least in part through the use of a bar code tracking system when a bar code scanner in communication with the system is used to scan the certificate. When the certificate bar code is scanned, and the additional information [(i.e. additional required information not automatically entered)] regarding the activity performed in relation to the jewelry item has been specified, that information is automatically associated by the system with the other data stored in the system concerning that jewelry item as identified by the bar code.” (Emphasis added).).
Regarding Claim 39, Yeko, Mehta, and Carmody teach “The method of claim 37,” as discussed above.
Yeko further teaches “wherein the gemstone data comprises characteristics of the subject gemstone, the characteristics comprising one or more of gemstone type, cut, color, clarity, carat, size, fluorescence, lab grade, dimensions, diagrams, certificate number, images, grading lab, source, and/or source history of the subject gemstone” (¶16 shows “The method includes preparing a plurality of certificates relating to jewelry items, where the certificates contain jewelry-related information including respective certificate numbers [(i.e. certificate number)] and respective other information regarding the jewelry items.” Fig. 1 and ¶30 and “The printed certificate 52 (or other printed medium) can display a variety of information regarding one (or potentially more then one) jewelry item such as the jewelry item 12 [(i.e. characteristics of the gemstone)]. In the example shown, an image 60 (for example, a clear, full color digital quality photo) [(i.e. “images”)] is provided on a right side 62 of the certificate 52, while the input information 38-47 is provided in modified form along a left side 64 of the certificate.” ¶26 shows “ input information . . . can be, for example, information such as that shown on the screen 30, namely, jewelry identification information (e.g., a diamond identification number) 38 [(i.e. “gemstone type” see Fig. 1 showing “diamond”)], a diamond cut 40 [(i.e. “cut”)], a diamond color rating 42 [(i.e. “color”)], a diamond clarity grading 44 [(i.e. “clarity”)], a diamond carat value 46 [(i.e. “carat”)] and an estimated monetary value of the diamond 47 (e.g., in the example shown, the diamond is number 135A, and is a H color, VS1 princess cut 1.0 carat diamond having an estimated value of $4500).”).
Regarding Claim 40, Yeko, Mehta, and Carmody teach “The method of claim 37,” as discussed above.
Yeko further teaches:
“wherein the one or more weblinks comprises at least two weblinks” (Fig. 1 and ¶31 shows “the certificate also includes one or more bar codes 61 that are indicative of the identity of the certificate and/or various information contained on or otherwise associated with the certificates.” (Emphasis added). The explicit recitation of “one or more bar codes 61” (emphasis added) teaches “at least two weblinks” (i.e. more than one is two).), and
“wherein one of the at least two weblinks is configured to access a gemstone certification certificate of the subject gemstone” (Fig. 1 and ¶31 shows “the certificate also includes one or more bar codes 61 that are indicative of the identity of the certificate [(i.e. certificate information)]and/or various information contained on or otherwise associated with the certificates.” (Emphasis added).).
Regarding Claim 41, Yeko, Mehta, and Carmody teach “The method of claim 37,” as discussed above.
Yeko further teaches “wherein the gemstone grading report comprises one of a digital/electronic format and/or a physical format” (Fig. 1 and ¶28 shows printing “certificate 52” (i.e. gemstone grading report). ¶41 shows “While in the above-described embodiment, the certificates are printed and issued exclusively by the independent jewelers, in alternate embodiments only first or “rough” drafts of the certificates (or possibly no certificates at all) are immediately printed and issued to consumers by the independent jewelers. In such alternate embodiments, “final” drafts of the certificates are subsequently printed and provided to consumers by the secondary company providing the warranty/guarantee (or possibly some other third party), and the final drafts of the certificates can take on a different form (e.g., a business-card size) than that of the rough drafts of the certificates (which might still be in an 8½″ by 11″ format). The information provided on the final drafts of the certificates would still be largely if not entirely based upon information determined by the independent jewelers (which could be communicated to the secondary company either by sending the secondary company copies of the rough drafts of the certificates or electronically as discussed with respect to FIG. 2), and consequently the secondary company would still serve as a guarantor with respect to the certificates.” (Emphasis added). Thus, Yeko teaches both digital/electronic (i.e. sent to the secondary company) and physical format (i.e. printed for the customer) of the report.).
Regarding Claim 42, Yeko, Mehta, and Carmody teach “The method of claim 37,” as discussed above.
Yeko further teaches “wherein the machine readable only media comprises any of a QR code or a bar code” (Fig. 1 and ¶31 shows “the certificate also includes one or more bar codes 61 that are indicative of the identity of the certificate and/or various information contained on or otherwise associated with the certificates.” (Emphasis added).).
Regarding Claim 43, Yeko, Mehta, and Carmody teach “The method of claim 37,” as discussed above.
Yeko further teaches “a device configured to read the machine readable only media” (Fig. 1 and ¶31 shows “the present system 10 also includes a bar code scanner/reader 63 that can be used to read the bar codes on the certificates.”).
Regarding Claim 44, Yeko, Mehta, and Carmody teach “The method of claim 37,” as discussed above.
Yeko further teaches “wherein the gemstone comprises any of a precious stone and/or jewelry” (¶26 shows “The jewelry item 12 is intended to be representative of any of a variety of different types of jewels and jewelry items including, for example, precious stones (for example, diamonds, rubies, emeralds), rings, pieces of jewelry having jewels embedded therewithin, necklaces, and a variety of other types of jewelry made of a variety of materials such as gold, silver and platinum.” ¶79 shows “the jewelry item includes one or more diamonds, gems, chains and/or watches.”).
Regarding Claim 45, Yeko, Mehta, and Carmody teach “The method of claim 44,” as discussed above.
Yeko further teaches “wherein the jewelry comprises a watch” (¶79 shows “the jewelry item includes one or more diamonds, gems, chains and/or watches.”).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is as follows:
US-20100100460-A1 (“Aronson”) shows a computer system that consolidates wholesaler data to apply a markup percentage to determine retail price.
(“Palmieri’s Market Monitor” (“GCAL” 08/18/2019 https://web.archive.org/web/20190818180201/https://www.gcalusa.com/market-monitor.html) shows commercial use of the GCALMM.com platform, which is used as the “blue book” of wholesale gemstone pricing, based on actual wholesale selling prices.
“Markets Defined Gems & Jewelry Market Descriptions” (“Palmieri’s Market Monitor” 01/11/2019 https://web.archive.org/web/20190111091456/https://www.gcalmarketmonitor.com/page/markets-defined.html) shows “Market 4” represents average wholesale price and “Market[s 6A, 6B, and 7]” represent retail prices that include a markup percentage.
“What is Retail and Wholesale Pricing – Really? An Unofficial Opinion” (“Raley” 04/19/2018 Pricing Blog, https://www.cecileraleydesigns.com/blogs/pricing/what-is-retail-and-wholesale-pricing-really-an-unofficial-opinion) shows that wholesale price is used by a manufacturer and retail price is for a retailer.
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/MATTHEW PARKER GOODMAN/Examiner, Art Unit 3628
/JEFF ZIMMERMAN/Supervisory Patent Examiner, Art Unit 3628
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