DETAILED ACTION
This is in response to the applicant’s communication filed on 11/4/24, wherein:
Claims 1-25 are currently pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1, 12, and 19 recite a system and therefore, fall into a statutory category. Claim 19 is chosen as the exemplary claim.
Step 2A – Prong 1 (Is a Judicial Exception Recited?): The underlined limitations of
a. a server (1001), comprising:
i. a database (1004), comprising:
A. data about one or more charitable sources (1020), including information of a bank account to which funds from donated vehicles may be transferred, wherein each charitable source (1020) is associated with a charitable cause, and
B. data about one or more donated vehicles (1031), including an intended charitable cause the one or more donated vehicles (1031) were donated to, an associated user who donated the one or more donated vehicles (1031), and an associated estimated value of the one or more donated vehicles (1031),
ii. a processor configured to execute computer implemented instructions comprising:
A. instructions for accepting an uploaded picture of a title for a vehicle (1005) from a user (1010),
B. instructions for autonomously identifying an alphanumeric 17-digit vehicle identification number (VIN) in the uploaded picture of the title,
C. instructions for decoding the VIN to determine a make and a model of the vehicle (1005),
D. instructions for verifying that the make and the model of the vehicle (1005) match the decoded VIN,
E. instructions for displaying, if the make and the model of the vehicle (1005) is verified, the uploaded picture of the title to the user (1010) with a graphical overlay directing the user (1010) to sign the title in a correct place,
F. instructions for interfacing with at least one online vehicle pricing system (1030) to determine an estimated value for the vehicle (1005),
G. instructions for calculating a net donation value of the vehicle (1005),
H. instructions for calculating impact metrics using one or more impact blocks provided by each charitable source of the one or more charitable sources (1020), wherein the impact metrics comprise an impact of a potential donation on the charitable cause,
I. instructions for accepting payment from an external source for the vehicle (1005), and
J. instructions for transferring funds to the bank account of a designated charitable source (1021),
wherein the server (1004) is held in a physical computing system, a cloud computing system, or a hosted server, and
b. a client application (1002), operatively connected to the server (1001) via a network, comprising a user interface (1003) comprising:
i. means for the user (1010) to enter information about the vehicle (1005) to be donated,
ii. means for displaying a net donation value of the vehicle (1005),
iii. means for displaying the impact of the potential donation on the charitable cause,
iv. means for accepting confirmation or cancellation of a donation of the vehicle (1005), and
v. means for a user to specify the designated charitable source (1021) to donate the vehicle (1005) to,
wherein when the user (1010) enters information about the vehicle (1005) in the user interface (1003), the client (1002) sends the information about the vehicle to the server (1001), where it is added to the database (1004), whereupon the server (1001) communicates with one or more vehicle online pricing systems (1030) to estimate a value for the vehicle (1005), wherein the value is entered into the database (1004);
wherein the server (1001) computes the estimated donation value after accounting for transportation and other costs, wherein the estimated donation value is displayed to the user (1010);
wherein the user (1010) may choose to confirm or cancel the donation, wherein if the user (1010) confirms the donation, the server (1001) communicates with an online auction system (1040) to post the vehicle (1005) for sale (1041);
wherein buyers (1050) may bid on the vehicle (1005);
wherein when or if the vehicle (1005) is sold, funds are transferred from the auction website (1042) to the bank account of the designated charitable source (1021);
wherein the online auction system (1040) arranges for an entity to transfer the vehicle (1005) from the user (1010) to a buyer (1050)
are processes that, under their broadest reasonable interpretation, are considered certain methods of organizing human activity – commercial or legal interactions (including agreements in the form of contracts and marketing or sales activities or behaviors) and/or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The invention is directed to allowing donors to sell a vehicle and contribute the funds raised through the sale to a chosen cause, which is a method of organizing human activity. Specification ¶5. Accordingly, the claim recites an abstract idea.
Also, the limitations of calculating impact metrics using one or more impact blocks provided by each charitable source of the one or more charitable sources (1020), wherein the impact metrics comprise an impact of a potential donation on the charitable cause, and computes the estimated donation value after accounting for transportation and other costs, are processes that, under their broadest reasonable interpretation, are considered mathematical concepts, in the form of a mathematical relationship, mathematical formulas or equations, and/or mathematical calculations. It is important to note that a mathematical concept need not be expressed in mathematical symbols. See MPEP 2106.04(a). Accordingly, the claim recites an abstract idea.
The types of identified abstract ideas are considered together as a single abstract idea for analysis purposes.
Step 2A-Prong 2 (Is the Exception Integrated into a Practical Application?): This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a server comprising a database and a processor, where the server may be a physical computing system, a cloud computing system, or a hosted server, a client application, a network, a user interface, an online vehicle pricing system, and an online vehicle auction system. The computer is recited at a high-level of generality (i.e., as a generic processing device performing generic computer functions), such that it amounts to no more than mere instructions to apply the exception using a generic computer component. Additionally, the displaying limitations may be considered insignificant extra-solution activity (see MPEP 2106.05(g)). Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea when considered both individually and as a whole. The claim is directed to an abstract idea.
The limitations reciting instructions for performing a function and means for performing a function provide nothing more than mere instructions to implement an abstract idea on a generic computer. See MPEP 2106.05(f). MPEP 2106.05(f) provides the following considerations for determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer: (1) whether the claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished; (2) whether the claim invokes computers or other machinery merely as a tool to perform an existing process; and (3) the particularity or generality of the application of the judicial exception. Here, the computers are invoked merely as a tool to perform existing processes. See MPEP 2106.05(f).
Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application, and the claim is directed to the judicial exception.
Step 2B (Does the claim recite additional elements that amount to Significantly More than the Judicial Exception?): The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer to perform the steps of the abstract idea amount to no more than mere instructions to apply the exception using a generic computer component. Further, the claims simply append well-understood, routine, and conventional (WURC) activities previously known to the industry, specified at a high level of generality, to the judicial exception, in the form of the extra-solution activity. The courts have recognized that the computer functions claimed (the displaying limitation) as WURC (see 2106.05(d), identifying presenting offers as WURC, as recognized by OIP Techs). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible, as when viewed individually, and as a whole, nothing in the claim adds significantly more to the abstract idea.
Dependent claims 2-11, 13-18, and 20-25 merely recite further embellishments of the abstract idea of independent claims 1, 12, or 19 as discussed above with respect to integration of the abstract idea into a practical application, and these features only serve to further limit the abstract idea of independent claims 1, 12, or 19; however, none of the dependent claims recite an improvement to a technology or technical field or provide any meaningful limits.
In light of the detailed explanation and evidence provided above, the Examiner asserts that the claimed invention, when the limitations are considered individually and as whole, is directed towards an abstract idea.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-25 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 pre-AIA the applicant regards as the invention.
Claim limitations (from claim 19):
b. i. means for the user (1010) to enter information about the vehicle (1005) to be donated,
ii. means for displaying a net donation value of the vehicle (1005),
iii. means for displaying the impact of the potential donation on the charitable cause,
iv. means for accepting confirmation or cancellation of a donation of the vehicle (1005), and
v. means for a user to specify the designated charitable source (1021) to donate the vehicle (1005) to,
(Claims 1 and 12 include similar limitations)
invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Examiner has reviewed the entirety of the Specification and did not find any corresponding structure, material, or acts for performing the entirety of the claimed functions that is clearly linked to the claimed functions. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 8 recites the limitation "wherein the server (1001) is further configured to execute instructions for displaying the uploaded picture of the ownership title to the user (1010) with a graphical overlay directing the user (1010) to sign the ownership title in a correct place.” There is insufficient antecedent basis for “the uploaded picture” limitation in the claim. Examiner recommends the claim be amended to be dependent on claim 7, rather than claim 1.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 21, 22, and 25 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The subject matter of claims 21, 22, and 25 are already included in claim 19, upon which they depend. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Notice
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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Poster (US 20080222029), in view of Boyden et al. (US 20030036964).
Referring to claim 1:
Poster discloses a system (1000) for facilitating donation of assets to charitable causes, comprising: a. a server (1001) configured to execute computer implemented instructions {Poster [0042][0043]; at least one server [0042]} comprising:
ii. instructions for calculating a net donation value of the asset (1005) {Poster [0066][0081][0085] and Fig. 9; The example letter 1100 can include, for example, the name 1110 of the consumer (listed as the donor of the charitable contributions), an acknowledgement 1115 of the amount over cost paid for the merchandise, and instructions 1120 regarding the treatment of the receipt for tax purposes. In some embodiments, the receipt includes the specific amounts allocated to each charity, and the names of the charities [0085] where the amount over cost paid for the merchandise is the donation amount and must be calculated based on the face value of the item}, and
b. a client application (1002), operatively connected to the server (1001) via a network, comprising a user interface (1003) comprising: i. means for a user (1010) to enter information about the asset (1005) to be donated {Poster [0037][0040][0043]; The customer can go to a website and enter the code to authenticate against a database of associated valid identifiers . . . The ticket is registered by scanning the barcode or entering the associated series of numbers which will be verified against a central database of valid sequenced tickets [0037]},
ii. means for displaying a net donation value of the asset (1005) {Poster [0081][0085] and Fig. 9; The example letter 1100 can include, for example, the name 1110 of the consumer (listed as the donor of the charitable contributions), an acknowledgement 1115 of the amount over cost paid for the merchandise, and instructions 1120 regarding the treatment of the receipt for tax purposes. In some embodiments, the receipt includes the specific amounts allocated to each charity, and the names of the charities [0085]},
iii. means for accepting confirmation or cancellation of a donation of the asset (1005) {Poster [0065][0066]; The merchandise may be secured by purchasing the merchandise at a cost, receiving the merchandise as a donation, or other similar methods. In some instances where the merchandise is purchased from or donated by a third party (a "seller") instructions can be received (STEP 410) regarding the sale of the merchandise [0065] where securing the merchandise and receiving instructions provides confirmation of a donation}, and
iv. means for a user to specify a designated charitable source (1021) of one or more charitable sources to donate the asset (1005) to, wherein the user (1010) may choose to confirm or cancel the donation {Poster [0065] [0066]; In some instances where the merchandise is purchased from or donated by a third party (a "seller") instructions can be received (STEP 410) regarding the sale of the merchandise. For example, the seller may indicate that any premium paid for the merchandise be allocated to one or more particular charities, or that the purchaser select from a group of charities [0065]};
wherein buyers (1050) may bid on the asset (1005) {Poster [0041]; consumers 105 can directly purchase, or in some cases bid on at auction, the merchandise 110 [0041]};
wherein an entity transfers the asset (1005) from the user (1010) to a buyer (1050) {Poster [0015][0071][0072]; The merchandise may be shipped to the purchaser [0015]}.
Poster discloses a system for charitable giving through the sale of merchandise (abstract). Poster does not disclose i. instructions for interfacing with at least one online asset pricing system (1030) to determine an estimated value for an asset (1005).
However, Boyden discloses a related system for valuing used vehicles for sale (abstract). Boyden discloses i. instructions for interfacing with at least one online asset pricing system (1030) to determine an estimated value for an asset (1005) {Boyden [0068]; The valuation routine 1000 continues with a determining procedure 1020 in which the auction server system determines a first valuation for the specific vehicle by mapping the data retrieved in the retrieval procedure 1010 to corresponding valuation data from a first valuation service. . . The determining procedure 1020 can be performed by storing the valuation data of at least one valuation service (e.g., Kelly Blue Book, Black Book, NADA, etc.) in the valuation database 442, or by accessing a database contained in a valuation server system operated by an independent valuation service [0068]}.
It would have been obvious for a person of ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to modify the charitable auction system disclosed in Poster to incorporate estimating vehicle values as taught by Boyden because this would provide a manner for determining a valuation for a specific vehicle (Boyden [0068]), thus aiding the user by providing a value specific to the merchandise being sold on the auction system.
Referring to claim 2:
Poster, as modified by Boyden, discloses wherein the asset (1005) comprises a vehicle, art, real estate, or a combination thereof {Boyden [0068]; The valuation routine 1000 continues with a determining procedure 1020 in which the auction server system determines a first valuation for the specific vehicle [0068]}.
Referring to claim 3:
Poster, as modified by Boyden, discloses wherein the server further comprises instructions for interfacing with an online asset auction system (1040) to post the asset (1005) for sale (1041) {Poster [0050]; The commerce module 355 facilitates the selling, auctioning, and purchasing activities of the marketplace 100 [0050]}.
Referring to claim 4:
Poster, as modified by Boyden, discloses wherein if the user (1010) confirms the donation, the server (1001) communicates with the online auction system (1040) to post the asset (1005) for sale (1041) {Poster [0065] [0066]; The merchandise may be secured by purchasing the merchandise at a cost, receiving the merchandise as a donation, or other similar methods. In some instances where the merchandise is purchased from or donated by a third party (a "seller") instructions can be received (STEP 410) regarding the sale of the merchandise [0065] and Once the merchandise is available for sale in the marketplace, the donation is determined (STEP 415). The donation can be a dollar amount [0066] where securing the merchandise is confirmation of the donation}.
Referring to claim 5:
Poster, as modified by Boyden, discloses wherein the online auction system (1040) arranges for the entity to transfer the asset (1005) from the user (1010) to a buyer (1050) {Poster [0015][0071][0072]; The merchandise may be shipped to the purchaser [0015]}.
Referring to claim 6:
Poster, as modified by Boyden, discloses wherein the one or more charitable sources (1020) comprise a charity institution, a fundraising platform, a charitable category, Donor Advised Funds (DAF), or a combination thereof {Poster [0065][0066]; the seller may indicate that any premium paid for the merchandise be allocated to one or more particular charities, or that the purchaser select from a group of charities [0065]}.
Referring to claim 9:
Poster, as modified by Boyden, discloses wherein the server (1001) is further configured to execute instructions for accepting payment from an external source for the asset (1005) {Poster [0011][0014][0022][0050]-[0052]; The commerce module 355 also collects payment information from consumers 105 such as credit card information, account information relating to the Paypal on-line payment and electronic funds transfer service at www.paypal.com, or other payment data and in some cases communicates with external payment validation vendors (e.g., Verisign, American Express, etc) via the communication modules 315 and 320 to determine the validity of the information [0050]}.
Referring to claim 10:
Poster, as modified by Boyden, discloses wherein the server (1001) is further configured to execute instructions for transferring funds to a bank account of the designated charitable source (1021) {Poster [0075]; In some instances the funds may be held by the marketplace and forwarded to the charity on a periodic (i.e., monthly) basis, and in some cases a combination of payment approaches may be used. For example, a large well-established charity may have the infrastructure to receive daily or per sale payments via an electronic funds transfer network, whereas a local charity may prefer to receive monthly payments because they rely on physically depositing paper checks [0075]}.
Referring to claim 11:
Poster, as modified by Boyden, discloses wherein when or if the asset (1005) is sold, funds are transferred from the external source to the bank account of the designated charitable source (1021) {Poster [0074]; In addition to completing the purchase process as described above, the charity(s) that were identified by the seller, the purchaser, or both are notified (STEP 455) that they are to receive donations based on the purchase, and are forwarded the appropriate funds (STEP 460) [0074]}.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Poster (US 20080222029), in view of Boyden et al. (US 20030036964), and further in view of Gonser et al. (US 20130050512) (hereinafter “Gonser ‘512”).
Referring to claim 7:
Poster, as modified by Boyden, discloses a system for charitable giving through the sale of merchandise (abstract). Poster, as modified by Boyden, does not disclose herein the server (1001) is further configured to execute instructions for accepting an uploaded picture of an ownership title for the asset (1005) from the user (1010).
However, Gonser ‘512 discloses a related system for an electronic document signature service (abstract). Gonser ‘512 discloses wherein the server (1001) is further configured to execute instructions for accepting an uploaded picture of an ownership title for the asset (1005) from the user (1010) {Gonser ‘512 [0011][0015][0016][0031][0032][0040] and Fig. 1; the signer will be presented with the user interface to the camera or other image capture device of or associated with the client device. The signer can then take one or more photos of a paper signature document [0031] and the signer will be presented with a photo browser to select one or more photos previously taken and stored on the client device [0032] where Examiner notes that the subject of the picture, i.e., the picture being of an ownership title of an asset is printed matter, which does not have a functional relationship with the substrate, i.e., the computer on which the picture is stored, and therefore, receives little patentable weight; see MPEP 2111.05}.
It would have been obvious for a person of ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to modify the charitable auction system disclosed in Poster and Boyden to incorporate accepting images from a user camera as taught by Gonser ‘512 because this would provide a manner for signing a document (Gonser ‘512 [0011]), thus aiding the user by providing a signed ownership document to a purchaser.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Poster (US 20080222029), in view of Boyden et al. (US 20030036964), in view of Gonser et al. (US 20130050512) (hereinafter “Gonser ‘512”), and further in view of Gonser (US 20080209313) (hereinafter “Gonser ‘313”).
Referring to claim 8:
Poster, as modified by Boyden, discloses a system for charitable giving through the sale of merchandise (abstract). Poster, as modified by Boyden, does not disclose wherein the server (1001) is further configured to execute instructions for displaying the uploaded picture of the ownership title to the user (1010) with a graphical overlay directing the user (1010) to sign the ownership title in a correct place.
However, Gonser ‘512 discloses a related system for an electronic document signature service (abstract). Gonser ‘512 discloses displaying wherein the server (1001) is further configured to execute instructions for the uploaded picture of the ownership title to the user (1010) {Gonser ‘512 [0011][0015][0016][0031][0032][0040] and Fig. 1; the signer will be presented with the user interface to the camera or other image capture device of or associated with the client device. The signer can then take one or more photos of a paper signature document [0031] and the signer will be presented with a photo browser to select one or more photos previously taken and stored on the client device [0032] where Examiner notes that the subject of the picture, i.e., the picture being of an ownership title of an asset is printed matter, which does not have a functional relationship with the substrate, i.e., the computer on which the picture is stored, and therefore, receives little patentable weight; see MPEP 2111.05}.
It would have been obvious for a person of ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to modify the charitable auction system disclosed in Poster and Boyden to incorporate accepting images from a user camera as taught by Gonser ‘512 because this would provide a manner for signing a document (Gonser ‘512 [0011]), thus aiding the user by providing a signed ownership document to a purchaser.
Poster, as modified by Boyden and Gonser ‘512, discloses a system for charitable giving through the sale of merchandise (abstract). Poster, as modified by Boyden and Gonser ‘512, does not disclose where the displaying is with a graphical overlay directing the user (1010) to sign the ownership title in a correct place.
However, Gonser ‘313 discloses a related system for creating digitally tagged documents (abstract). Gonser ‘313 discloses where the displaying is with a graphical overlay directing the user (1010) to sign the ownership title in a correct place {Gonser ‘313 [0013][0021][0024] and Fig. 8; As shown in FIG. 8, for example, a document is displayed to the party and the area where a signature is requested is displayed with a tab that preferably states "sign here." [0021]}.
It would have been obvious for a person of ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to modify the charitable auction system disclosed in Poster, Boyden, and Gonser ‘512 to incorporate graphical overlays as taught by Gonser ‘313 because this would provide a manner for signing a document (Gonser ‘313 [0021]), thus aiding the user by providing a signed ownership document to a purchaser.
Claims 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Poster (US 20080222029), in view of Boyden et al. (US 20030036964), in view of Gonser et al. (US 20130050512) (hereinafter “Gonser ‘512”), and further in view of Gary et al. (US 20150379589).
Referring to claim 12:
Claim 12 is rejected on a similar basis to claim 19 (below), except that claim 12 does not include some of the limitations of claim 19, including those specific to the asset being a vehicle, including the limitations regarding the VIN.
Referring to claim 13:
Claim 13 is rejected on a similar basis to claim 2.
Referring to claims 14-17:
Claims 14-17 are rejected on a similar basis to claims 3-6.
Referring to claim 18:
Poster, as modified by Boyden, Gonser ‘512, Gonser ‘313, and Gary, discloses wherein the processor is further configured to execute computer implemented instructions for accepting, from the one or more charitable sources (1020), data to fill the one or more impact blocks {Gary [0050]-[0052]; a beneficiary may provide the system with metrics detailing the cost of providing a unit of service in order for the system to calculate how the donor's item will provide benefits for the beneficiary [0050]}.
Claims 19-25 are rejected under 35 U.S.C. 103 as being unpatentable over Poster (US 20080222029), in view of Boyden et al. (US 20030036964), in view of Gonser et al. (US 20130050512) (hereinafter “Gonser ‘512”), in view of Gary et al. (US 20150379589), and further in view of Seergy et al. (US 20110264552).
Referring to claim 19:
Poster discloses system (1000) for facilitating donation of vehicles to charitable causes, comprising: a. a server (1001) {Poster [0042][0043]; at least one server [0042]} comprising:
i. a database (1004), comprising: A. data about one or more charitable sources (1020), including information of a bank account to which funds from donated [vehicles] may be transferred, wherein each charitable source (1020) is associated with a charitable cause {Poster [0048][0059][0061] [0075]; The application server 350 processes search requests for merchandise, requests and retrieves information from one or more databases on the database module 325 [0048] and The database module 325 stores data related to merchandise available for purchase or auction 330, information describing the charitable organizations 335, payment history 340 [0059]}, and B. data about one or more donated vehicles (1031), including an intended charitable cause the one or more donated [vehicles] (1031) were donated to, an associated user who donated the one or more donated vehicles (1031), and an associated estimated value of the one or more donated vehicles (1031) {Poster [0060][0065][0066]; The merchandise database 330 contains detailed and summary information associated with the merchandise available for sale such as a description, a price, a picture, a URL, a date or time (where the merchandise is tickets to an event), the source of the merchandise, the cost to obtain the merchandise, as well as other descriptive information [0060] and In some instances where the merchandise is purchased from or donated by a third party (a "seller") instructions can be received (STEP 410) regarding the sale of the merchandise. For example, the seller may indicate that any premium paid for the merchandise be allocated to one or more particular charities, or that the purchaser select from a group of charities [0065] where it is noted that Poster does not explicitly disclose that the merchandise donated is a vehicle; however, this is addressed below},
ii. a processor configured to execute computer implemented instructions {Poster [0042][0043]; at least one server [0042]} comprising:
G. instructions for calculating a net donation value of the vehicle (1005),
{Poster [0066][0081][0085] and Fig. 9; The example letter 1100 can include, for example, the name 1110 of the consumer (listed as the donor of the charitable contributions), an acknowledgement 1115 of the amount over cost paid for the merchandise, and instructions 1120 regarding the treatment of the receipt for tax purposes. In some embodiments, the receipt includes the specific amounts allocated to each charity, and the names of the charities [0085] where the amount over cost paid for the merchandise is the donation amount and must be calculated based on the face value of the item}, and
I. instructions for accepting payment from an external source for the vehicle (1005) {Poster [0011][0014][0022][0050]-[0052]; The commerce module 355 also collects payment information from consumers 105 such as credit card information, account information relating to the Paypal on-line payment and electronic funds transfer service at www.paypal.com, or other payment data and in some cases communicates with external payment validation vendors (e.g., Verisign, American Express, etc) via the communication modules 315 and 320 to determine the validity of the information [0050]}, and
J. instructions for transferring funds to the bank account of a designated charitable source (1021) {Poster [0075]; In some instances the funds may be held by the marketplace and forwarded to the charity on a periodic (i.e., monthly) basis, and in some cases a combination of payment approaches may be used. For example, a large well-established charity may have the infrastructure to receive daily or per sale payments via an electronic funds transfer network, whereas a local charity may prefer to receive monthly payments because they rely on physically depositing paper checks [0075]},
wherein the server (1004) is held in a physical computing system, a cloud computing system, or a hosted server {Poster [0045]; an employee of the marketplace 100 operates a central server 205, which interacts with clients 210. In some embodiments, one or more third parties may manage the server 205, which may include providing the hardware, software, communications, and services to the server 205. The server 205 is preferably implemented on one or more server class computers that have sufficient memory, data storage, and processing power and that run a server class operating system [0045]}, and
b. a client application (1002), operatively connected to the server (1001) via a network, comprising a user interface (1003) comprising: i. means for a user (1010) to enter information about the vehicle (1005) to be donated {Poster [0037][0040][0043]; The customer can go to a website and enter the code to authenticate against a database of associated valid identifiers . . . The ticket is registered by scanning the barcode or entering the associated series of numbers which will be verified against a central database of valid sequenced tickets [0037]},
ii. means for displaying a net donation value of the vehicle (1005) {Poster [0081][0085] and Fig. 9; The example letter 1100 can include, for example, the name 1110 of the consumer (listed as the donor of the charitable contributions), an acknowledgement 1115 of the amount over cost paid for the merchandise, and instructions 1120 regarding the treatment of the receipt for tax purposes. In some embodiments, the receipt includes the specific amounts allocated to each charity, and the names of the charities [0085]},
iv. means for accepting confirmation or cancellation of a donation of the vehicle (1005) {Poster [0065][0066]; The merchandise may be secured by purchasing the merchandise at a cost, receiving the merchandise as a donation, or other similar methods. In some instances where the merchandise is purchased from or donated by a third party (a "seller") instructions can be received (STEP 410) regarding the sale of the merchandise [0065] where securing the merchandise and receiving instructions provides confirmation of a donation}, and
v. means for a user to specify the designated charitable source (1021) of to donate the vehicle (1005) to {Poster [0065] [0066]; In some instances where the merchandise is purchased from or donated by a third party (a "seller") instructions can be received (STEP 410) regarding the sale of the merchandise. For example, the seller may indicate that any premium paid for the merchandise be allocated to one or more particular charities, or that the purchaser select from a group of charities [0065]},
wherein when the user (1010) enters information about the vehicle (1005) in the user interface (1003), the client (1002) sends the information about the vehicle to the server (1001), where it is added to the database (1004) {Poster [0008][0040][0059][0080] and Figs. 1 & 2; The database module 325 stores data related to merchandise available for purchase or auction 330, information describing the charitable organizations 335, payment history 340, and application data 345 [0059]},
wherein the server (1001) computes the estimated donation value after accounting for transportation and other costs, wherein the estimated donation value is displayed to the user (1010) {Poster [0071] and Figs. 8, 10, & 11; Generally, the purchase process includes collecting payment information such as credit card information or other payment means, address/shipping information, and any promotional information, such as coupons, special offers, etc. The payment information is verified, and the sale is considered complete. The purchaser is notified (STEP 445) that they have purchased the merchandise, and, in cases where the merchandise is being held by the marketplace, the merchandise can then be sent (STEP 450) to the purchaser. The notification may include details of the purchase, such as the total amount of the purchase, the total donation amount, and detailed allocation information [0071]};
wherein the user (1010) may choose to confirm or cancel the donation, wherein if the user (1010) confirms the donation, the server (1001) communicates with an online auction system (1040) to post the vehicle (1005) for sale (1041) {Poster [0065] [0066]; The merchandise may be secured by purchasing the merchandise at a cost, receiving the merchandise as a donation, or other similar methods. In some instances where the merchandise is purchased from or donated by a third party (a "seller") instructions can be received (STEP 410) regarding the sale of the merchandise [0065] and Once the merchandise is available for sale in the marketplace, the donation is determined (STEP 415). The donation can be a dollar amount [0066] where securing the merchandise is confirmation of the donation};
wherein buyers (1050) may bid on the vehicle (1005) {Poster [0041]; consumers 105 can directly purchase, or in some cases bid on at auction, the merchandise 110 [0041]};
wherein the online auction system (1040) arranges for an entity to transfer the vehicle (1005) from the user (1010) to a buyer (1050)
{Poster [0015][0071][0072]; The merchandise may be shipped to the purchaser [0015]};
wherein when or if the vehicle (1005) is sold, funds are transferred from the auction website (1042) to the bank account of the designated charitable source (1021) {Poster [0074]; In addition to completing the purchase process as described above, the charity(s) that were identified by the seller, the purchaser, or both are notified (STEP 455) that they are to receive donations based on the purchase, and are forwarded the appropriate funds (STEP 460) [0074]}.
Poster discloses a system for charitable giving through the sale of merchandise (abstract). Poster does not disclose C. instructions for decoding the VIN to determine a make and a model of the vehicle (1005), D. instructions for verifying that the make and the model of the vehicle (1005) match the decoded VIN, and F. instructions for interfacing with at least one online vehicle pricing system (1030) to determine an estimated value for the vehicle (1005), whereupon the server (1001) communicates with one or more vehicle online pricing systems (1030) to estimate a value for the vehicle (1005), wherein the value is entered into the database (1004).
However, Boyden discloses a related system for valuing used vehicles for sale (abstract). Boyden discloses C. instructions for decoding the VIN to determine a make and a model of the vehicle (1005), D. instructions for verifying that the make and the model of the vehicle (1005) match the decoded VIN {Boyden [0056]; In operation, the VIN validation module uses the algorithms and/or the VINs in the VIN database to determine whether the VIN provided by the seller for a particular vehicle is valid [0056]},
F. instructions for interfacing with at least one online vehicle pricing system (1030) to determine an estimated value for the vehicle (1005), whereupon the server (1001) communicates with one or more vehicle online pricing systems (1030) to estimate a value for the vehicle (1005), wherein the value is entered into the database (1004) {Boyden [0068]; The valuation routine 1000 continues with a determining procedure 1020 in which the auction server system determines a first valuation for the specific vehicle by mapping the data retrieved in the retrieval procedure 1010 to corresponding valuation data from a first valuation service. . . The determining procedure 1020 can be performed by storing the valuation data of at least one valuation service (e.g., Kelly Blue Book, Black Book, NADA, etc.) in the valuation database 442, or by accessing a database contained in a valuation server system operated by an independent valuation service [0068]}.
It would have been obvious for a person of ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention to modify the charitable auction system disclosed in Poster to incorporate decoding the VIN, verifying the make and model, and estimating vehicle values as taught by Boyden because this would provide a manner for determining a valuation for a specific vehicle (Boyden [0068]), thus aiding