DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-9 recite:
1. A computing apparatus comprising: a processor; and a memory storing instructions that, when executed by the processor, configure the apparatus to: process, by the processor, a new demand; consume, by the processor, one or more input supplies; mark, by the processor, a supply exchange; create, by the processor, one or more planned orders; execute, by the processor, one or more trials; and execute, by the processor, the supply exchange.
2. The computing apparatus of claim 1, wherein when marking the supply exchange, the apparatus is further configured to: execute, by the processor, a first-pass supply exchange; execute, by the processor, a cascading supply exchange; and consume, by the processor, the one or more input supplies.
3. The computing apparatus of claim 1, wherein executing of the supply exchange, the apparatus is further configured to: execute, by the processor, consumption of input supplies and/or planned orders by one or more previous demands; execute, by the processor, consumption of remaining input supplies and/or planned orders by one or more new demands; and update, by the processor, a cross-pegging tracker.
4. A non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that when executed by a computer, cause the computer to: process, by a processor, a new demand; consume, by the processor, one or more input supplies; mark, by the processor, a supply exchange; create, by the processor, one or more planned orders; execute, by the processor, one or more trials; and execute, by the processor, the supply exchange.
5. The computer-readable storage medium of claim 4, wherein when marking of the supply exchange, the computer is further configured to: execute, by the processor, a first-pass supply exchange; execute, by the processor, a cascading supply exchange; and consume, by the processor, the one or more input supplies.
6. The computer-readable storage medium of claim 4, wherein when executing of the supply exchange, the computer is further configured to: execute, by the processor, consumption of input supplies and/or planned orders by one or more previous demands; execute, by the processor, consumption of remaining input supplies and/or planned orders by one or more new demands; and update, by the processor, a cross-pegging tracker.
7. A computer-implemented method comprising: processing, by a processor, a new demand; consuming, by the processor, one or more input supplies; marking, by the processor, a supply exchange; creating, by the processor, one or more planned orders; executing, by the processor, one or more trials; and executing, by the processor, the supply exchange.
8. The computer-implemented method of claim 7, wherein the marking of the supply exchange comprises: executing, by the processor, a first-pass supply exchange; executing, by the processor, a cascading supply exchange; and consuming, by the processor, the one or more input supplies.
9. The computer-implemented method of claim 7, wherein the executing of the supply exchange comprises: executing, by the processor, consumption of input supplies and/or planned orders by one or more previous demands; executing, by the processor, consumption of remaining input supplies and/or planned orders by one or more new demands; and updating, by the processor, a cross-pegging tracker.
All claims recite subject matter falling within one of the four categories of invention (Step 1->YES).
But for the recitation of the underlined additional elements claims 1-9 recite steps for organizing a supply chain. Per MPEP 2106.04(a)(2), methods of organizing human activity include “commercial interactions” or “legal interactions” includ[ing] agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Under the broadest reasonable interpretation claims 1-9 recite commercial activity falling under the scope of commercial or legal interactions, Claims 1-9 thus recite an abstract idea-Method of organizing human activity (Step 2A_1 YES).
Claims 1-9 include high level computer components to execute the judicial exception.
Claims 1-3: computing apparatus, processor, memory, instructions
Claims 4-6: non-transitory CRM, instructions, processor, computer
Claims 7-9: computer, processor
The additional elements are recited at a high degree of generality such that they amount to mere instructions to implement the abstract idea, which per MPEP 2106.05(f) means they do not provide a practical application or significantly more (Step 2A_2, Step 2B No).
Thus claims 1-9 are ineligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shinde (US 11875289 B1).
Regarding claim 1, Shinde discloses:
1. A computing apparatus comprising: a processor; and a memory storing instructions that, when executed by the processor, configure the apparatus to (column 4 53-column 5 35 describe computer-based implementation with processor, memory, stored programs): process, by the processor, a new demand (column 9 45-60 real time demand is tracked); consume, by the processor, one or more input supplies (fig. 3 302 column 15 15-35 solver runs a process which allocates materials to production); mark, by the processor, a supply exchange (fig. 3 302 column 15 15-35 solver runs a process which allocates materials to production, per fig. 1 this would be an exchange between supplier 153 and manufacturer 155); create, by the processor, one or more planned orders (column 15 15-35 master production plan); execute, by the processor, one or more trials (fig. 3, column 15 13-35 iterative “trials” to optimize planning); and execute, by the processor, the supply exchange (fig. 3 final supply chain plan is developed).
Regarding claim 2, Shinde discloses:
2. The computing apparatus of claim 1, wherein when marking the supply exchange, the apparatus is further configured to: execute, by the processor, a first-pass supply exchange (fig. 1 302, column 15 15-35); execute, by the processor, a cascading supply exchange (fig. 3 iterative supply exchanges are considered in order to provide optimization); and consume, by the processor, the one or more input supplies (fig. 3 final production plan to utilize inputs is developed see also column 15 15-35).
Regarding claim 3, Shinde discloses:
3. The computing apparatus of claim 1, wherein executing of the supply exchange, the apparatus is further configured to: execute, by the processor, consumption of input supplies and/or planned orders by one or more previous demands (column 15 15-35 solution developed based on demand data, column 9 45-60 real time demand is tracked); execute, by the processor, consumption of remaining input supplies and/or planned orders by one or more new demands (column 15 35-60 just-in-time production planned using remaing input supplies); and update, by the processor, a cross-pegging tracker (column 15 15-35 production plan is produced; will be evident based on allocation of inputs to planned production whether any cross-pegging would occur).
Claims 4-9 mirror claims 1-3 and are rejected for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Milne (US 20070239299 A1), Uttam (US 20200226536 A1), Kamath (US 20190114567 A1), Grichnik (US 20160300169 A1) and Rhodes (US 20090150208 A1) disclose supply chain planning systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN A MITCHELL whose telephone number is (571)270-3117. The examiner can normally be reached M-F 9-5.
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/NATHAN A MITCHELL/Primary Examiner, Art Unit 3627
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