Prosecution Insights
Last updated: April 19, 2026
Application No. 18/958,580

SERVER DEVICE, SERVICE PROVIDING METHOD, AND RECORDING MEDIUM

Non-Final OA §101§103
Filed
Nov 25, 2024
Examiner
LADONI, AHOORA
Art Unit
3689
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Rakuten Group Inc.
OA Round
1 (Non-Final)
0%
Grant Probability
At Risk
1-2
OA Rounds
3y 0m
To Grant
0%
With Interview

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 13 resolved
-52.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
30 currently pending
Career history
43
Total Applications
across all art units

Statute-Specific Performance

§101
36.8%
-3.2% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
6.0%
-34.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 13 resolved cases

Office Action

§101 §103
DETAILED ACTION Status of Claims Claims 1-11 submitted on 11/25/2024 are pending and have been examined. 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 Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent application No. JP2023-201766, filed on 11/29/2023. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/25/2024 has been considered by the examiner. Drawings Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification: The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee. Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2). 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 a judicial exception without significantly more. The claims recite an abstract idea. This judicial exception is not integrated into a practical application. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Step 1 Claims 1-9 and 11 are directed to an article of manufacture and claim 10 is directed to a process (see MPEP 2106.03). Step 2A, Prong 1 Claim 1, taken as representative, recites at least the following limitations that recite an abstract idea: wherein generate product information in which a product put up for sale on an flea market is arranged in a predetermined order according to access to the flea market by a user, acquire access information to the flea market from a seller of a product put up for sale on the flea market, rearrange an arrangement of a product indicated by the generated product information, based on the acquired access information, and provide the user with the product information after an arrangement is rearranged. The above limitation, under its broadest reasonable interpretation, falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(II), in that it recites a commercial interaction. Claims 10 and 11 recites similar limitations as claim 1. Thus, under Prong 1 of Step 2A, claims 1, 10, and 11 recite an abstract idea. Step 2A, Prong 2 Claim 1 includes the following additional elements that are bolded: a server device, comprising one or more processors, wherein the processors generate product information in which a product put up for sale on an electronic flea market is arranged in a predetermined order according to access to the electronic flea market by a user, acquire access information to the electronic flea market from a seller of a product put up for sale on the electronic flea market, rearrange an arrangement of a product indicated by the generated product information, based on the acquired access information, and provide the user with the product information after an arrangement is rearranged. Claims 10 and 11 include the same additional elements as claim 1. In addition, claim 11 includes additional elements such as a non-transitory computer-readable recording medium storing a program for causing a computer to perform processing comprising. The additional elements recited in claims 1, 10, and 11 merely invoke such elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment of electronic platforms (see MPEP 2106.05(f) and MPEP 2106.05(h). These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration (see Fig. 2 and ¶¶0012-0019). As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the additional elements do not integrate the judicial exception into a practical application and, thus, claims 1, 10, and 11 are directed to an abstract idea. Step 2B As noted above, while the recitation of the additional elements in independent claims 1, 10, and 11 are acknowledged, claims 1, 10, and 11 merely invoke such additional elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment (see MPEP 2106.05(f) and MPEP 2106.05(h)). Even when considered as an ordered combination, the additional elements of claim 1, 10, and 11 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1, 10, and 11 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (see MPEP 2106.05). As such, independent claims 1, 10, and 11 are ineligible. Dependent claims 2-9 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 2-9 merely further define the abstract limitations of claims 1, 10, and 11 or provide further embellishments of the limitations recited in independent claims 1, 10, and 11. Claims 2-9 do not introduce any further additional elements. Thus, dependent claims 2-9 are ineligible. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-7, 10, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottschlich et al. (US 2012/0306894 A1) in view of Yedidi et al. (US 2017/0346821 A1). Regarding Claim 1, Gottschlich et al., hereinafter, Gottschlich, discloses a server device, comprising one or more processors (Fig. 1; ¶0021[Turning specifically to the network-based marketplace 112, an interface 126 may comprise an application program interface (API) server and/or a web server and may be coupled to, and provide programmatic and web interfaces to, one or more application servers 128.] and ¶0036[The example computer system 400 includes a processor 402 (e.g., a central processing unit (CPU), a graphics processing unit (GPU), or both), a main memory 404 and a static memory 406, which communicate with each other via a bus 408.]), wherein the processors generate product information in which a product put up for sale on an electronic flea market is arranged in a predetermined order according to the electronic flea market by a user (Figs. 1-3; ¶¶0024-0025[The listing activity information module 210 may monitor any number of listing activities associated with a listing. For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like… The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface.] in view of ¶0022[The application server(s) 128 may provide a number of marketplace functions and services (e.g., presentation of item listings, item searching functionality, advertisements, payment services, and the like) to users that access the network-based marketplace 112. The application server(s) 128 may also provide a number of consumer services, merchant services, or social networking services and functions to users. The application server(s) 128 may enable a user to create listings (e.g., for products and services), advertisements, web pages, and so on… the application server(s) 128 also host a listing engine that is able to monitor activity information for multiple listings, derive information about a listing, and modify a priority of a listing based on one or more objectives]), acquire information to the electronic flea market from a seller of a product put up for sale on the electronic flea market (Figs. 1-3; ¶0025[analyze the listing activities monitored by the listing activity information module 210, derive information about a listing] in view of ¶0024[For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like]), rearrange an arrangement of a product indicated by the generated product information, based on the acquired information (Figs. 1-3; ¶0025[The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface]), and provide the user with the product information after an arrangement is rearranged (Fig. 3; ¶0025[The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface] in view of ¶0034[The listings may then be sorted and filtered by the filter module 240 (FIG. 2) and formatted and arranged into a listing interface by the interface layout module 230 (also FIG. 2). At operation 325, the listings may be presented to a user.]). Although Gottschlich discloses generating product information and rearranging products, Gottschlich does not explicitly disclose access to the market, acquiring access information, and the acquired access information. However, Yedidi et al., hereinafter, Yedidi, teaches acquiring access information (Fig. 3; ¶0045[For example, shared credential detection module 202 can analyze the login context data (e.g., number of login records and corresponding timestamps) in login context database 204 to determine a value based on a login frequency metric representing how many times a user (or multiple users) has logged in to the user account within a period of time (e.g., user login frequency). For example, based on the number of records and the corresponding timestamps, shared credential detection module 202 can determine that a user has logged in 15 times in the previous one hour. When the login frequency metric value (e.g., user login frequency) exceeds a threshold login frequency (e.g., 10 log-ins per hour), shared credential detection module 202 can determine that the user account is being accessed (e.g., shared) by multiple users.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 2, Gottschlich in view of Yedidi teaches the server device according to claim 1, Gottschlich further discloses wherein the processors identify a seller satisfying a predetermined condition, based on the acquired information (¶¶0032-0033[For example, only listing activity associated with a creator or other entity connected specifically with the creation or publication of the listing, such as the seller of a product or service associated with the listing, may be employed to determine priority for the listing… Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320). In one embodiment, the priority of a listing may be decreased to decrease visibility of the listing.]), and decrease an arrangement priority of a product of the identified seller among products indicated by the generated product information (Fig. 3; ¶0033[Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320). In one embodiment, the priority of a listing may be decreased to decrease visibility of the listing]). Although Gottschlich discloses identifying a seller based on acquired information, Gottschlich does not explicitly disclose low access condition based on acquired access. However, Yedidi teaches acquiring access information and low access condition (Fig. 3; ¶0054[For example, a login frequency metric threshold of 10 login attempts per hour may be enough to determine that the single user account is being shared by multiple users without considering the other login context data metrics. However, when the login frequency metric is combined with other metrics (e.g., number of browser types used), a lower login frequency metric (e.g., 6 attempts per hour) may be used to determine that the single user account is being shared among multiple users.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 3, Gottschlich in view of Yedidi teaches the server device according to claim 2, Gottschlich further discloses wherein the processors generate the product information to an effect that a display form of the product having the arrangement priority decreased is displayed in a special form that enables that the product is the product having the arrangement priority decreased (Fig. 3; ¶0033[Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320). In one embodiment, the priority of a listing may be decreased to decrease visibility of the listing.]), and display a display form of the product having the arrangement priority decreased in the special form by providing the user with the product information to an effect that display is performed in the special form (Fig. 3; ¶0033[Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320). In one embodiment, the priority of a listing may be decreased to decrease visibility of the listing.]). Although Gottschlich discloses generating product information, Gottschlich does not explicitly disclose the user to visually recognize that the product had its priority decreased. However, Yedidi teaches acquiring access information and visually recognizing information (Fig. 3; ¶0043[FIG. 3 illustrates an example login context database 300. For example, database 300 can correspond to database 204 of FIG. 2. For ease of explanation, login context database 300 depicted in FIG. 3 only includes records for a single user account (e.g., “sf1@sfmc.org”). However, login context database 300 will typically include login context data for each of the user accounts managed by content management system 106. Each record (e.g., records 302-312) in login context database 300 can correspond to a respective login event and/or authentication attempt for the identified user account. Each record can include a timestamp corresponding to the login event, an IP address corresponding to the client device, a browser identifier (e.g., name, version, etc.), a client application identifier (e.g., name, version, etc.), an operating system identifier (e.g., name version, etc.) for the operating system of the client device, a device type (e.g., manufacturer, model, etc.) for the client device, and/or a session identifier for the current login session between the client device (e.g., CMS client application) and content management system 106.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and visually recognizing information as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 4, Gottschlich in view of Yedidi teaches the server device according to claim 1, Gottschlich further discloses wherein the processors identify a seller satisfying a predetermined condition, based on the acquired information, increase an arrangement priority of a product of an identified seller among products indicated by generated product information, generate the product information to an effect that a display form of the product having the arrangement priority increased is displayed in a special form that enables that the product is the product having the arrangement priority increased (Fig. 3; ¶0033[Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320)... In other embodiments, the priority of a listing may be increased to increase the visibility of the listing. The listing display module 220 may modify the priority of a listing by, for example, modifying a creation date or a publication date associated with a listing. In another embodiment in which listings are associated with a priority value, the priority values may be modified.]), and display a display form of the product having the arrangement priority increased in the special form by providing the user with the product information to an effect that display is performed in the special form (Fig. 3; ¶0033[Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320)... In other embodiments, the priority of a listing may be increased to increase the visibility of the listing. The listing display module 220 may modify the priority of a listing by, for example, modifying a creation date or a publication date associated with a listing. In another embodiment in which listings are associated with a priority value, the priority values may be modified.]). Although Gottschlich discloses identifying a seller and generating product information, Gottschlich does not explicitly disclose low access condition, acquired access information and enabling the user to visually recognize product having priority increased. However, Yedidi teaches acquiring access information and visually recognizing information (Fig. 3; ¶0043[FIG. 3 illustrates an example login context database 300. For example, database 300 can correspond to database 204 of FIG. 2. For ease of explanation, login context database 300 depicted in FIG. 3 only includes records for a single user account (e.g., “sf1@sfmc.org”). However, login context database 300 will typically include login context data for each of the user accounts managed by content management system 106. Each record (e.g., records 302-312) in login context database 300 can correspond to a respective login event and/or authentication attempt for the identified user account. Each record can include a timestamp corresponding to the login event, an IP address corresponding to the client device, a browser identifier (e.g., name, version, etc.), a client application identifier (e.g., name, version, etc.), an operating system identifier (e.g., name version, etc.) for the operating system of the client device, a device type (e.g., manufacturer, model, etc.) for the client device, and/or a session identifier for the current login session between the client device (e.g., CMS client application) and content management system 106.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 5, Gottschlich in view of Yedidi teaches the server device according to claim 1, Gottschlich further discloses wherein the processors identify a seller satisfying a predetermined condition, based on the acquired access information and increase an arrangement priority of a product of an identified seller among products indicated by the generated product information (Fig. 3; ¶¶0032-0033[For example, only listing activity associated with a creator or other entity connected specifically with the creation or publication of the listing, such as the seller of a product or service associated with the listing, may be employed to determine priority for the listing…Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320)... In other embodiments, the priority of a listing may be increased to increase the visibility of the listing. The listing display module 220 may modify the priority of a listing by, for example, modifying a creation date or a publication date associated with a listing. In another embodiment in which listings are associated with a priority value, the priority values may be modified.]). Although Gottschlich discloses identifying a seller, Gottschlich does not explicitly disclose high access condition. However, Yedidi teaches acquiring access information and high access condition (Fig. 3; ¶0045[For example, based on the number of records and the corresponding timestamps, shared credential detection module 202 can determine that a user has logged in 15 times in the previous one hour. When the login frequency metric value (e.g., user login frequency) exceeds a threshold login frequency (e.g., 10 log-ins per hour), shared credential detection module 202 can determine that the user account is being accessed (e.g., shared) by multiple users.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 6, Gottschlich in view of Yedidi teaches the server device according to claim 2, Gottschlich further discloses wherein the processors acquire a latest date to the electronic flea market from the seller as the information (¶¶0024-0025[The listing activity information module 210 may monitor any number of listing activities associated with a listing. For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like… The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface.]), and identify a seller who has the latest date satisfying a predetermined condition as a seller satisfying the condition (Figs. 1-3; ¶0011[For example, in a compilation of listings prioritized by publication date, the listing with the most recent publication date may be presented at the top or beginning of the compilation.]). Although Gottschlich discloses acquiring a latest date, Gottschlich does not explicitly disclose a latest access date, the access information, latest access date, and the low access condition. However, Yedidi teaches acquiring access information and low access condition (Fig. 3; ¶0054[For example, a login frequency metric threshold of 10 login attempts per hour may be enough to determine that the single user account is being shared by multiple users without considering the other login context data metrics. However, when the login frequency metric is combined with other metrics (e.g., number of browser types used), a lower login frequency metric (e.g., 6 attempts per hour) may be used to determine that the single user account is being shared among multiple users.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 7, Gottschlich in view of Yedidi teaches the server device according to claim 2, Gottschlich further discloses wherein the processors acquire to the electronic flea market from the seller as the information (¶¶0024-0025[The listing activity information module 210 may monitor any number of listing activities associated with a listing. For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like… The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface.]), and identify a seller who has the satisfying a predetermined condition as a seller satisfying the condition (¶¶0032-0033[For example, only listing activity associated with a creator or other entity connected specifically with the creation or publication of the listing, such as the seller of a product or service associated with the listing, may be employed to determine priority for the listing… Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320). In one embodiment, the priority of a listing may be decreased to decrease visibility of the listing.]). Although Gottschlich discloses acquiring information, Gottschlich does not explicitly disclose access frequency to the market, the access information, access frequency, low frequency condition, and low access condition. However, Yedidi teaches acquiring access information and low access condition (Fig. 3; ¶0054[For example, a login frequency metric threshold of 10 login attempts per hour may be enough to determine that the single user account is being shared by multiple users without considering the other login context data metrics. However, when the login frequency metric is combined with other metrics (e.g., number of browser types used), a lower login frequency metric (e.g., 6 attempts per hour) may be used to determine that the single user account is being shared among multiple users.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 10, Gottschlich discloses a service providing method to be performed by a server device, the service providing method comprising (Fig. 1; ¶0036[The example computer system 400 includes a processor 402 (e.g., a central processing unit (CPU), a graphics processing unit (GPU), or both), a main memory 404 and a static memory 406, which communicate with each other via a bus 408.]): generating product information in which a product put up for sale on an electronic flea market is arranged in a predetermined order according to the electronic flea market by a user (Figs. 1-3; ¶¶0024-0025[The listing activity information module 210 may monitor any number of listing activities associated with a listing. For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like… The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface.] in view of ¶0022[The application server(s) 128 may provide a number of marketplace functions and services (e.g., presentation of item listings, item searching functionality, advertisements, payment services, and the like) to users that access the network-based marketplace 112. The application server(s) 128 may also provide a number of consumer services, merchant services, or social networking services and functions to users. The application server(s) 128 may enable a user to create listings (e.g., for products and services), advertisements, web pages, and so on… the application server(s) 128 also host a listing engine that is able to monitor activity information for multiple listings, derive information about a listing, and modify a priority of a listing based on one or more objectives]), acquiring information to the electronic flea market from a seller of a product put up for sale on the electronic flea market (Figs. 1-3; ¶0025[analyze the listing activities monitored by the listing activity information module 210, derive information about a listing] in view of ¶0024[For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like]), rearranging an arrangement of a product indicated by the generated product information, based on the acquired information (Figs. 1-3; ¶0025[The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface]), and providing the user with the product information after an arrangement is rearranged (Fig. 3; ¶0025[The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface] in view of ¶0034[The listings may then be sorted and filtered by the filter module 240 (FIG. 2) and formatted and arranged into a listing interface by the interface layout module 230 (also FIG. 2). At operation 325, the listings may be presented to a user.]). Although Gottschlich discloses generating product information and rearranging products, Gottschlich does not explicitly disclose access to the market, acquiring access information, and the acquired access information. However, Yedidi teaches acquiring access information (Fig. 3; ¶0045[For example, shared credential detection module 202 can analyze the login context data (e.g., number of login records and corresponding timestamps) in login context database 204 to determine a value based on a login frequency metric representing how many times a user (or multiple users) has logged in to the user account within a period of time (e.g., user login frequency). For example, based on the number of records and the corresponding timestamps, shared credential detection module 202 can determine that a user has logged in 15 times in the previous one hour. When the login frequency metric value (e.g., user login frequency) exceeds a threshold login frequency (e.g., 10 log-ins per hour), shared credential detection module 202 can determine that the user account is being accessed (e.g., shared) by multiple users.]). The method of Yedidi is applicable to the method of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the method of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Regarding Claim 11, Gottschlich discloses a non-transitory computer-readable recording medium storing a program for causing a computer to perform processing comprising (Fig. 1; ¶0036[The example computer system 400 includes a processor 402 (e.g., a central processing unit (CPU), a graphics processing unit (GPU), or both), a main memory 404 and a static memory 406, which communicate with each other via a bus 408.]): generating product information in which a product put up for sale on an electronic flea market is arranged in a predetermined order according to the electronic flea market by a user (Figs. 1-3; ¶¶0024-0025[The listing activity information module 210 may monitor any number of listing activities associated with a listing. For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like… The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface.] in view of ¶0022[The application server(s) 128 may provide a number of marketplace functions and services (e.g., presentation of item listings, item searching functionality, advertisements, payment services, and the like) to users that access the network-based marketplace 112. The application server(s) 128 may also provide a number of consumer services, merchant services, or social networking services and functions to users. The application server(s) 128 may enable a user to create listings (e.g., for products and services), advertisements, web pages, and so on… the application server(s) 128 also host a listing engine that is able to monitor activity information for multiple listings, derive information about a listing, and modify a priority of a listing based on one or more objectives]), acquiring information to the electronic flea market from a seller of a product put up for sale on the electronic flea market (Figs. 1-3; ¶0025[analyze the listing activities monitored by the listing activity information module 210, derive information about a listing] in view of ¶0024[For example, the listing activity information module 210 may keep track of a listing's creation date, publication date, number of page views, number of replies, number of questions, number of bids, number of offers, number of users watching the item listing, priority level, number of link or button activations or "clicks," and the like]), rearranging an arrangement of a product indicated by the generated product information, based on the acquired information (Figs. 1-3; ¶0025[The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface]), and providing the user with the product information after an arrangement is rearranged (Fig. 3; ¶0025[The listing display module 220 may analyze the listing activities monitored by the listing activity information module 210, derive information about a listing, and modify the priority of the listing (e.g., "bump up" or "bump down" the listing relative to other listings of a listing interface) based on the listing activities in order to enable the presentation of the listing earlier or later in the listing interface] in view of ¶0034[The listings may then be sorted and filtered by the filter module 240 (FIG. 2) and formatted and arranged into a listing interface by the interface layout module 230 (also FIG. 2). At operation 325, the listings may be presented to a user.]). Although Gottschlich discloses generating product information and rearranging products, Gottschlich does not explicitly disclose access to the market, acquiring access information, and the acquired access information. However, Yedidi teaches acquiring access information (Fig. 3; ¶0045[For example, shared credential detection module 202 can analyze the login context data (e.g., number of login records and corresponding timestamps) in login context database 204 to determine a value based on a login frequency metric representing how many times a user (or multiple users) has logged in to the user account within a period of time (e.g., user login frequency). For example, based on the number of records and the corresponding timestamps, shared credential detection module 202 can determine that a user has logged in 15 times in the previous one hour. When the login frequency metric value (e.g., user login frequency) exceeds a threshold login frequency (e.g., 10 log-ins per hour), shared credential detection module 202 can determine that the user account is being accessed (e.g., shared) by multiple users.]). The system of Yedidi is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as disclosed by Gottschlich to include user access information and frequency as taught by Yedidi. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to determine patterns that indicate that the user account login credentials are being shared among multiple users (Abstract). Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottschlich in view of Yedidi in view of Ku et al. (US 2009/0192924 A1) in further view of Nguyen et al. (US 2016/0203535 A1). Regarding Claim 8, Gottschlich in view of Yedidi teaches the server device according to claim 2, Gottschlich further discloses wherein the processors identify a seller from the acquired access information and bring a state of a product of an identified seller (¶¶0032-0033[For example, only listing activity associated with a creator or other entity connected specifically with the creation or publication of the listing, such as the seller of a product or service associated with the listing, may be employed to determine priority for the listing… Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320). In one embodiment, the priority of a listing may be decreased to decrease visibility of the listing.]). Although Gottschlich discloses identifying a seller, Gottschlich in view of Yedidi does not explicitly teach a user who has not logged in for a predetermined removal period. However, Ku et al., hereinafter, Ku, teaches a seller who has not logged in for a period of time (¶0078[Here, ID saving, password saving, and automatic log-in functions may be provided according to seller selection, as shown in FIG. 6. The automatic log-in function may be set to be automatically ended when the seller does not access the inventory control server 120 for a predetermined period of time, e.g., one month.]). The system of Ku is applicable to the system of Gottschlich in view of Yedidi as they share characteristics and capabilities, namely, they are all targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as taught by Gottschlich in view of Yedidi to include identifying a user who has not logged in for a time as taught by Ku. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in view of Yedidi in order to connect to the online marketplace and selectively purchase desired goods or services, such that the buyers can conveniently purchase, at home, a variety of goods or services registered by the sellers (¶0006). Although Gottschlich discloses identifying a seller and bringing a state of a product, Gottschlich in view of Yedidi in view of Ku does not explicitly teach bringing a product of a seller back to a drafted state that is a state before the product is put up for sale. However, Nguyen et al., hereinafter, Nguyen, teaches removing a list back to a drafted state prior to putting up for sale (Fig. 2; ¶¶0013-0015[After a Seller is “flagged” a predetermined number of times by a multiple number of buyers, the seller's listing will be removed from the site… In such a case, the seller has the right to relist the item at the same or different price]; ¶0040 of the instant specification states that the “drafted state is a state before a product is put up for sale and is a state in which the product, although being stored in the server device 100, is not displayed to the user.”). The system of Nguyen is applicable to the system of Gottschlich in view of Yedidi in view of Ku as they share characteristics and capabilities, namely, they are all targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as taught by Gottschlich in view of Yedidi in view of Ku to include bringing a product to a state before it is put up for sale as taught by Nguyen. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in view of Yedidi in view of Ku in order to list items for sale where the item can be a good, a service, or a combination of goods and services (¶0007). Regarding Claim 9, Gottschlich in view of Yedidi in view of Ku in view of Nguyen teaches the server device according to claim 8, Gottschlich further discloses wherein the processors, the seller to an effect that the state of the product (¶¶0032-0033[For example, only listing activity associated with a creator or other entity connected specifically with the creation or publication of the listing, such as the seller of a product or service associated with the listing, may be employed to determine priority for the listing… Once the listing display module 220 (FIG. 2) determines that the activity information for one or more listings conforms to the criteria, the listing display module 220 may modify the priority of a listing (operation 320). In one embodiment, the priority of a listing may be decreased to decrease visibility of the listing.]). Although Gottschlich discloses identifying a seller, Gottschlich in view of Yedidi in view of Ku does not explicitly disclose in a case of bringing a state of a product back to the drafted state, notify the user that the product is brought back to the drafted state. However, Nguyen teaches removing a list back to a drafted state prior to putting up for sale and informing the seller (Fig. 2; ¶0039[In step 120, the completion of the payment transaction is communicated to the seller and the other buyers are notified that the item is no longer available unless the seller has additional quantities available for sale.] and ¶0055[Lastly, step 612 notifies the Seller that the listing has been updated.] in view of ¶¶0013-0015[After a Seller is “flagged” a predetermined number of times by a multiple number of buyers, the seller's listing will be removed from the site… In such a case, the seller has the right to relist the item at the same or different price]; ¶0040 of the instant specification states that the “drafted state is a state before a product is put up for sale and is a state in which the product, although being stored in the server device 100, is not displayed to the user.”). The system of Nguyen is applicable to the system of Gottschlich in view of Yedidi in view of Ku as they share characteristics and capabilities, namely, they are all targeted to sharing content over the web. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the marketplace as taught by Gottschlich in view of Yedidi in view of Ku to include bringing a product to a state before it is put up for sale as taught by Nguyen. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in view of Yedidi in view of Ku in order to list items for sale where the item can be a good, a service, or a combination of goods and services (¶0007). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zimmerman (US 2023/0222546 A1) discloses display of product content and/or retailer information, among other information, on a user interface of a computing device. “Optimizing Product Placement for Virtual Stores” discloses applying an optimizer to search for optimal product placement solutions. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHOORA LADONI whose email is Ahoora.Ladoni@uspto.gov and telephone number is (703) 756-5617. The examiner can normally be reached M-F 0900–1700 ET. Examiner interviews are available via telephone, in-person and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AHOORA LADONI/Examiner, Art Unit 3689 /MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689
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Prosecution Timeline

Nov 25, 2024
Application Filed
Mar 06, 2026
Non-Final Rejection — §101, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
0%
Grant Probability
0%
With Interview (+0.0%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 13 resolved cases by this examiner. Grant probability derived from career allow rate.

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