DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The following is a final office action in response to the application filed 12/30/2025.
A claim for priority benefit of JP2023-187263 filed 10/23/23 has been filed. No certified copy and translation of the foreign document have been provided. As such the priority has not been perfected.
Applicant’s amendments to 1-8, and 10-11 have been received and are acknowledged.
Claims 1-11 have been examined and are pending.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in JP2023-187263 filed 10/23/23. It is noted, however, that applicant has not filed a certified copy of the JP2023-187263 application as required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
With regard to the rejections under 35 USC 101, Applicant argues, by referencing (Specification, [33]) that amended Claim 1 “is patent eligible as it is directed to a technical improvement…. technical improvements are implemented by amended claim 1… claim 1 … as an improvement to a technical field…: (Applicant’s response 9-10)
Examiner respectfully disagrees as noted previously and in the rejection below. The referenced paragraph Specification, [33] describes the invention being able to ‘save of time and effort of inputting … information… by simply reading the barcode attached to the item, thus progressing listing work and encouraging a user to list an item… can prevent uneven content input or incorrect information input.. allows… easily grasp listing information…”. This is “apply-it” (See MPEP 2106.05 (f)) The recited invention uses technology to address a business challenge. As such Applicant’s arguments are not persuasive.
With regard to the rejections under 35 USC 103, Applicant argues: that “ …Lewis does not disclose or suggest a listing information registration device receiving the bar code from the mobile device. Instead, the bar code of Lewis is used by an
application adapted to read the bar code to generate descriptive data…..Second, Lewis does not disclose or suggest a listing information registration device performing multiple actions …. Instead, Lewis only discloses that an application on the mobile device may determine descriptive data…”.
Examiner respectfully disagrees. Lewis in view of Lammle disclose the invention as cited in the rejections below. Applicant’s arguments are not persuasive.
Claim Rejections - 35 USC § 112
7. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
8. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
9. Claim 6 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. In particular, Claim 6 recites : “…identify a phrase not included in the acquired default information among pieces of the difference information…”
10. Applicant is requested to provide reference from the original disclosure to support the amendment of "“…identify a phrase not included in the acquired default information among pieces of the difference information…”
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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
When considering subject matter eligibility under 35 U.S.C. 101, (1) it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, (2a) it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so (2b), it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. ____ (2014).
The claimed invention is directed to a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea) without significantly more. In the instant case, the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea.
(1) In the instant case, the claims are directed towards a method, non-transitory computer readable medium, and the system of listing information registration. In the instant case, Claim 10 is directed to a process. Claims 1-9 are directed to a system. Claim 11 is directed to a non-transitory computer readable medium.
(2a) Prong 1: Registration of listing information is categorized in/akin to the abstract idea subject matter grouping of: methods of organizing human activity [organizing human activity (commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)]. As such, the claims include an abstract idea.
The specific limitations of the invention are (a) identified to encompass the abstract idea include:
(currently amended): A listing information registration … comprising
…
… the listing information registration …to:
…, to a user …, a listing information form, the user … to display the listing information form:
…, from the user … an item code associated with an item to be listed,
as a result of receiving the item code, acquire default information to be associated with the accepted item code;
as a result of receiving the item code, retrieve at least one another piece of listing information including the item code from pieces of listing information registered in a listing information database;and
as a result of receiving the item code, …, to the user …, the default information and, summary information of the retrieved at least one another piece of listing information, the user … to display the listing information form and the summary information together, wherein
the acquired default information is input as a default value in the listing information form, and
the summary information of the at least one another piece of listing information includes additional information not included in the acquired default information; and
register, in the listing information …, a piece of listing information edited in the listing information form.
10. (currently amended): A listing information registration method to be executed by a listing information registration … comprising:
… to a user… a listing information form, the user … to display the listing information form;
…, from the user …, an item code associated with an item to be listed,
as a result of receiving the item code, acquiring default information to be associated with the item code;
as a result of receiving the item code, retrieving at least one another piece of listing information including the item code from pieces of listing information registered in a listing information …
as a result of receiving the item code, …, to the user …, the default information and summary information of the retrieved at least one another piece of listing information, the use… to display the listing information form and the summary information together, wherein
the acquired default information is input as a default value in the listing information form, and
the summary information of the at least one another piece of listing information includes additional information not included in the acquired default information; and
registering, in the listing information …, a piece of listing information edited in the listing information form.
11. (currently amended): A …processing of:
…, to a user…, a listing information form, the user terminal to display the listing information form;
…, from the user …. an item code associated with an item to be listed,
as a result of receiving the item code, acquiring default information to be associated with the item code;
as a result of receiving the item code, retrieving at least one another piece of listing information including the item code from pieces of listing information registered in a listing information database;
as a result of receiving the item code, …, to the user …, the default information and summary information of the retrieved at least one another piece of listing information, the user… to display the listing information form and the summary information together, wherein
the acquired default information is input as a default value in the listing information form, and
the summary information of the at least one another piece of listing information includes additional information not included in the acquired default information; and
registering, in the listing information… a piece of listing information edited in the listing information form.
As stated above, this abstract idea falls into the (b) subject matter grouping of: methods of organizing human activity .
Prong 2: When considered individually and in combination, the instant claims are do not integrate the exception into a practical application because the steps of …acquiring… retrieving… registering… do not apply, rely on, or use the judicial exception in a manner that that imposes a meaningful limitation on the judicial exception (i.e. the abstract idea).
The instant recited claims including additional elements (i.e. stores…transmitting… receiving… transmitting) do not improve the functioning of the computer or improve another technology or technical field nor do they recite meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. The limitations merely recite: “apply it” (or an equivalent) or merely include instructions to implement an abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception (See MPEP 2106.05 (f) and (g))
(2b) In the instant case, Claim 10 is directed to a process. Claims 1-9 are directed to a system. Claim 11 is directed to a non-transitory computer readable medium.
Additionally, the claims (independent and dependent) do not include additional elements that individually or in combination are sufficient to amount to significantly more than the judicial exception of abstract idea (i.e. provide an inventive concept). As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of: (device, processor, database, non-transitory computer-readable medium, program… ) merely uses a computer as a tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception or merely uses generic computing elements to perform well known, routine, and conventional functions. (See MPEP 2106.05 (d), (f) and (g)) (Specification, [15-18] device …PC computer or workstation…general purpose browser… .[59] PC...general purpose browser….user terminal… PC or smartphone…[67] any approach to supply a program to a computer may be employed… storage medium….)
The dependent claims have also been examined and do not correct the deficiencies of the independent claims.
It is noted that claims 2-9 introduce the additional elements of wherein clauses further defining claim elements: … additional information …(Claims 3, 4, 5, 7, 8); ….another piece of listing information…(Claim 2);… another piece of listing…(Claim 9) and steps of: …. identify…(Claim 6). This element is not a practical application of the judicial exception because the limitations merely recite: “apply it” (or an equivalent) or merely include instructions to implement an abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception (See MPEP 2106.05 (f) and (g)) Further these limitations taken alone or in combination with the abstract do not amount to significantly more than the abstract idea alone because the elements amount to mere uses a computer as a tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception or merely uses generic computing elements to perform well known, routine, and conventional functions. (See MPEP 2106.05 (d), (f) and (g)) (Specification, [15-18] device …PC computer or workstation…general purpose browser… .[59] PC..general purpose browser….user terminal… PC or smartphone…[67] any approach to supply a program to a computer may be employed… storage medium….)
Therefore, claims 1-11 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 of this title, 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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 7991646 B2, Lewis et al. hereinafter referred to as Lewis further in view of US 20040117293 A1 Lammle et al. hereinafter referred to as Lammle.
Claims 1, 10 and 11
Lewis discloses a method, non-transitory computer readable medium, listing information registration device comprising
a memory storage storing computer-executable instructions; and , (See at least Lewis, Fig. 8; processors, main memory, instructions, static memory, video display … C6L63-C7L38 processors, CPU, computer system, computer readable medium, memory… input device)
a processor communicatively coupled to the memory storage, wherein the processor is configured to execute the computer-executable instructions and cause the listing information registration device(See at least Lewis, Fig. 8; processors, main memory, instructions, static memory, video display … ) to:
…
receive, from the user terminal, an item code associated with an item to be listed,
(See at least Lewis, Fig. 2; C4L15-34, database… multiple listing engine… bar code)
as a result of receiving the item code, acquire default information to be associated with the item code, (See at least Lewis, Fig. 2; C4L15-34, database… multiple listing engine… bar code…UPC…)
as a result of receiving the item code, retrieve at least one another piece of listing information including the item code from pieces of listing information registered in a listing information database, and (See at least Lewis, Fig. 2-8; C4L15-34, database… multiple listing engine….C4L49-C5L16, permit listing of the sale items based on an image of the item and a minimal description…user may be offered a selection of choices… user may take a picture, add some tags to the picture …)
as a result of receiving the item code, transmit, to the user device, the default information and, , summary information of the retrieved at least one another piece of listing information, the user device to display the listing information form and the summary information together, wherein (See at least Lewis, Fig. 2; Fig. 4 summary; C5L32-50 an item summary… )
the acquired default information is input as a default value in the listing information form, and (See at least Lewis, Fig. 2, Fig. 6 default data; C3L35-CL34, system for market place listings… multiple listing engine… using camera… include sale items, bar code.. images… and a database… C4L1-6 …default data…C4L15-34, database… multiple listing engine… bar code…UPC…generate tags….)
the summary information of the at least one another piece of listing information includes additional information not included in the acquired default information; and (See at least Lewis, Fig. 2-8; … Fig. 4… summary...watching… buying… selling…. bids… C4L49-C5L16, permit listing of the sale items based on an image of the item and a minimal description…user may be offered a selection of choices… user may take a picture, add some tags to the picture … Fig. 4 summary; C5L32-50 an item summary…)
register, in the listing information database, a piece of listing information edited in the listing information …. (See at least Lewis, Fig. 2; Fig. 4; C4L15-34, database… multiple listing engine….C4L49-C5L16, permit listing of the sale items based on an image of the item and a minimal description… user may take a picture, add some tags to the picture …)
Lewis does not directly disclose the following; however Lammle teaches:
…form…(See at least Lammle, [49] worksheet screen…)
transmit, to a user terminal, a listing information form, the user terminal to display the listing information form: (See at least Lammle, [49] worksheet screen…)
Furthermore, the Supreme Court has supported in KSR International Co. Teleflex Inc. (KSR), 550US___, 82 USPQ2d 1385 (2007), that merely applying a known technique to a known method, yield predictable results, render the claimed invention obvious over such combination. In the instant case, Lewis discloses a method and system for marketplace listings including auctions. Lammle is an automated tool for submitting items to an auction including features that allow for highlighting items and messaging between bidders and sellers. One of ordinary skill in the art would clearly recognize that this combination would lead to a predictable result (i.e. a method and system for marketplace listings including auctions including feature that allow for highlighting items and messaging between bidders and sellers). As such the claimed invention is obvious over Lewis/ Lammle.
Claim 2
Lewis and Lammle disclose the invention as claimed above in Claim 1.
Lewis further discloses:
wherein, the at least one another piece of listing information of an item similar to an item specified by the item code from the pieces of listing information registered in the listing information database. (See at least Lewis, Fig. 2-8; C4L15-34, database… multiple listing engine….C4L49-C5L16, permit listing of the sale items based on an image of the item and a minimal description…user may be offered a selection of choices… user may take a picture, add some tags to the picture … Fig. 4 summary; C5L32-50 an item summary…)
Claim 3
Lewis and Lammle disclose the invention as claimed above in Claim 1.
Lewis further discloses:
wherein the additional information includes a link to a sales page for purchasing an item of the at least one another piece of listing information. (See at least Lewis, Fig. 2-8; Fig. 4 summary BUY IT NOW button… Fig. 6 default data; C4L1-6 …default data….C4L49-C5L16, permit listing of the sale items based on an image of the item and a minimal description… … user may take a picture, add some tags to the picture … C5L32-50 an item summary…)
Claim 4
Lewis and Lammle disclose the invention as claimed above in Claim 1.
Lewis further discloses:
wherein the additional information includes a distribution of a sales price included in the at least one another piece of listing information. (See at least Lewis, Fig. 2-8; Fig. 4 watching… buying… selling…. Prices… summary Buy It Now price.. 34.95… BUY IT NOW button… Fig. 6 default data; C4L1-6 …default data….C4L49-C5L16, permit listing of the sale items based on an image of the item and a minimal description… … user may take a picture, add some tags to the picture … C5L32-50 an item summary…)
Claim 5
Lewis and Lammle disclose the invention as claimed above in Claim 1.
Lewis further discloses:
wherein the additional information includes difference information of when the default value is edited by another seller who has listed another item of the at least one another piece of listing information. (See at least Lewis, Fig. 2-8; C4L15-34, database… multiple listing engine….C4L49-C5L16, permit listing of the sale items based on an image of the item and a minimal description…user may be offered a selection of choices… user may take a picture, add some tags to the picture … Fig. 4 summary; C5L32-50 an item summary…)
Claim 6
Lewis and Lammle disclose the invention as claimed above in Claim 5.
Lewis does not directly disclose the following; however Lammle teaches:
wherein the processor is further configured to cause the listing information registration device to: identify a phrase not included in the acquired default information among pieces of the difference information. (See at least Lammle, [49] worksheet screen…listing options … allows a poster to select to highlight their item… )
Claim 7
Lewis and Lammle disclose the invention as claimed above in Claim 1.
Lewis does not directly disclose the following; however Lammle teaches:
… the additional information includes negotiation information relating to a message exchanged between another seller and a prospective buyer who has wished to purchase the another item when the another item is listed (See at least Lammle, [64-67] bidder wishes to send a message to the seller…seller responds.. [82] automated email… no sale… possibility of purchasing the item by negotiating with the sales person… )
Claim 8
Lewis and Lammle disclose the invention as claimed above in Claim 1.
Lewis further discloses:
wherein the additional information includes bookmark information relating to at least any of a length of time between when the another item is listed and when the another item is bookmarked and a number of bookmarks. (See at least Lewis, Fig. 2-8; Fig. 4 watching… selling… winning.. won … sold… outbid…unsold….watching… buying… selling…. Ended…Prices… summary …wherein watching/watch reads on bookmarked…)
Claim 9
Lewis and Lammle disclose the invention as claimed above in Claim 1.
Lewis further discloses:
wherein the at least one another piece of listing information includes at least any of listing information of a listing still for sale and listing information of a listing previously for sale and now sold out. (See at least Lewis, Fig. 2-8; Fig. 4 watching… selling… winning.. won … sold… outbid…unsold…. buying… selling…. Ended…Prices… summary Buy It Now price.. 34.95… BUY IT NOW button…)
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHA PUTTAIA H whose telephone number is (571)270-1352. The examiner can normally be reached M-F 9 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abhishek Vyas can be reached on 571-270-1836. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHA PUTTAIA H/Primary Examiner, Art Unit 3691
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