DETAILED ACTION
Status of Claims
Claims 1-15 submitted on 06/04/2026 are pending and have been examined. Claims 1-11 have been amended. Claims 12-15 are newly added.
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.
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 1-15 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 11-13 are directed to an article of manufacture and claims 10, 14, and 15 are 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:
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;
access information acquisition code to acquire access information to the flea market of a seller of a product put up for sale on the flea market, the access information including at least one of seller login date information, seller login time information, seller login frequency information, and seller responsiveness information;
rearrangement code to rearrange an arrangement of a product indicated by the generated product information, based on the acquired access information; and
product information provision code to 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 recite 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 bold:
a server device comprising: at least one memory configured to store program code; and at least one processor configured to operate as instructed by the program code, the program code comprising: product information generation code configured to cause at least one of the at least one processor to 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;
access information acquisition code configured to cause at least one of the at least one processor to acquire access information to the electronic flea market of a seller of a product put up for sale on the electronic flea market, the access information including at least one of seller login date information, seller login time information, seller login frequency information, and seller responsiveness information;
rearrangement code configured to cause at least one of the at least one processor to rearrange an arrangement of a product indicated by the generated product information, based on the acquired access information; and
product information provision code configured to cause at least one of the at least one processor to 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 markets and processors (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 claims 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, 12, and 14 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, 12, and 14 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, 12, and 14 do not introduce any further additional elements. Thus, dependent claims 2-9, 12, and 14 are ineligible.
Furthermore, it is noted that certain dependent claims recite additional elements supplemental to those recited in independent claims 1, 10, and 11: using artificial intelligence (claims 13 and 15). However, these elements do not integrate the abstract idea into a practical application because they merely amount to using a computer to apply the abstract idea to a particular technological environment or field of use and thus do not act to integrate the abstract idea into a practical application of the abstract idea. Additionally, the additional elements do not amount to significantly more because they merely amount to using a computer to apply the abstract idea and amount to no more than a general link of the use of the abstract idea to a particular technological environment.
Thus, dependent claims 13 and 15 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 [previously cited]) in view of Liu et al. (US 2015/0326595 A1).
Regarding Claim 1, Gottschlich et al., hereinafter, Gottschlich, discloses a server device comprising: at least one memory configured to store program code; and at least one processor configured to operate as instructed by the program code, the program code comprising (Figs. 1 and 4; ¶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.]):
product information generation code configured to cause at least one of the at least one processor to 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. 1-4; ¶¶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]);
access information acquisition code configured to cause at least one of the at least one processor to acquire information to the electronic flea market of a seller of a product put up for sale on the electronic flea market, including at least one of seller information, seller information, seller information, and seller information (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]);
rearrangement code configured to cause at least one of the at least one processor to rearrange an arrangement of a product indicated by the generated product information, based on the acquired information (Figs. 1-4; ¶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
product information provision code configured to cause at least one of the at least one processor to provide the user with the product information after an arrangement is rearranged (Figs. 3 and 4; ¶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, to acquire access information to the electronic flea market of a seller of a product put up for sale on the electronic flea market, the access information including at least one of seller login date information, seller login time information, seller login frequency information, and seller responsiveness information and the acquired access information.
However, Liu et al., hereinafter, Liu, teaches tracking a user’s access to a platform and information such as login date and time of a user (¶0046[Subsequently, the method 300 may go to step S303 to determine the frequently-used login location of the user based on the user login record list 211. Accordingly, the user login records with a same login location in the user login record list 211 may be collected and analyzed statistically, and when the number of the user login records with the same login location is not less than a first threshold, the login location associated with the login records of the user is determined as the frequently-used login location of the user.] in view of ¶¶0023-0024[Such a network application system 130 may, for example, be… an online shopping mall or the like… In addition, the account system 131 may also be responsible for recording login record data 133 of the user. The login record data may, for example, include login time, login IP, optional behavior type after login and the like.]).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
Regarding Claim 2, Gottschlich in view of Liu teaches the server device according to claim 1, Gottschlich discloses wherein the program code further comprises: seller identification code configured to cause at least one of the at least one processor to 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
priority decrease code configured to cause at least one of the at least one processor to 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, Liu teaches low access condition based on acquired user access information (¶0040[Therefore, the abnormal login record marker 205 may also be configured to mark the user login record with different login location from the user registration place as abnormal when the number of user login records… is not greater than a third threshold…. In such a case, in the exemplary embodiment of the user login record list 211 as shown in Table 3, since the number of user login records is only 3 after the user login records with unknown login address are removed, it is less than the third threshold.] in view of Abstract [The method comprises: acquiring a latest user login record list of a user, wherein each of the user login records comprises information associated with the login location of the user]; Examiner notes that “less than” a threshold is comparable to “low access condition”).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
Regarding Claim 3, Gottschlich in view of Liu teaches the server device according to claim 2, Gottschlich discloses wherein the program code further comprises: special form generation code configured to cause at least one of the at least one processor to 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
special form display code configured to cause at least one of the at least one processor to 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, Liu teaches visually recognizing data (¶0026[Although the user can often log on to the network application system 130, see if there is an abnormal login record by reading the login record data 133, and then protect the account security by modifying the login password and other means]).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include the user to visually recognize information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
Regarding Claim 4, Gottschlich in view of Liu teaches the server device according to claim 1, Gottschlich discloses wherein the program code further comprises: seller identification code configured to cause at least one of the at least one processor to identify a seller satisfying a predetermined condition, based on the acquired information; priority increase code configured to cause at least one of the at least one processor to increase an arrangement priority of a product of an identified seller among products indicated by generated product information; special form generation code configured to cause at least one of the at least one processor to 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
special form display code configured to cause at least one of the at least one processor to 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, Liu teaches low access condition based on acquired user access information and a user visually recognizing information (¶0040[Therefore, the abnormal login record marker 205 may also be configured to mark the user login record with different login location from the user registration place as abnormal when the number of user login records… is not greater than a third threshold…. In such a case, in the exemplary embodiment of the user login record list 211 as shown in Table 3, since the number of user login records is only 3 after the user login records with unknown login address are removed, it is less than the third threshold.] in view of Abstract [The method comprises: acquiring a latest user login record list of a user, wherein each of the user login records comprises information associated with the login location of the user] and ¶0026[Although the user can often log on to the network application system 130, see if there is an abnormal login record by reading the login record data 133, and then protect the account security by modifying the login password and other means]; Examiner notes that “less than” a threshold is comparable to “low access condition”).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
Regarding Claim 5, Gottschlich in view of Liu teaches the server device according to claim 1, Gottschlich discloses wherein the program code further comprises: high access seller identification code configured to cause at least one of the at least one processor to identify a seller satisfying a predetermined condition, based on the acquired access information; and priority increase code configured to cause at least one of the at least one processor to 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, Liu teaches a high access condition (Fig. 3; ¶0047[Alternatively, in step S303, when the number of different login locations in the user login records in the user login record list 211 is not less than a second threshold, all of the login locations are determined as the frequently-used login locations of the user.]; Examiner notes that being above a threshold is comparable to a high access condition).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
Regarding Claim 6, Gottschlich in view of Liu teaches the server device according to claim 2, Gottschlich discloses wherein the program code further comprises: access date acquisition code configured to cause at least one of the at least one processor to 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
access date seller identification code configured to cause at least one of the at least one processor to 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, Liu teaches low access condition based on acquired user access information (¶0040[Therefore, the abnormal login record marker 205 may also be configured to mark the user login record with different login location from the user registration place as abnormal when the number of user login records… is not greater than a third threshold…. In such a case, in the exemplary embodiment of the user login record list 211 as shown in Table 3, since the number of user login records is only 3 after the user login records with unknown login address are removed, it is less than the third threshold.] in view of Abstract [The method comprises: acquiring a latest user login record list of a user, wherein each of the user login records comprises information associated with the login location of the user]; Examiner notes that “less than” a threshold is comparable to “low access condition”).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
Regarding Claim 7, Gottschlich in view of Liu teaches the server device according to claim 2, Gottschlich discloses wherein the program code further comprises: access frequency acquisition code configured to cause at least one of the at least one processor to 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
frequency-based seller identification code configured to cause at least one of the at least one processor to 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, Liu teaches low access condition based on acquired user access information (¶0040[Therefore, the abnormal login record marker 205 may also be configured to mark the user login record with different login location from the user registration place as abnormal when the number of user login records… is not greater than a third threshold…. In such a case, in the exemplary embodiment of the user login record list 211 as shown in Table 3, since the number of user login records is only 3 after the user login records with unknown login address are removed, it is less than the third threshold.] in view of Abstract [The method comprises: acquiring a latest user login record list of a user, wherein each of the user login records comprises information associated with the login location of the user]; Examiner notes that “less than” a threshold is comparable to “low access condition”).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
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 of a seller of a product put up for sale on the electronic flea market, including at least one of seller information, seller information, seller information, and seller information (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, to acquire access information to the electronic flea market of a seller of a product put up for sale on the electronic flea market, the access information including at least one of seller login date information, seller login time information, seller login frequency information, and seller responsiveness information and the acquired access information.
However, Liu teaches tracking a user’s access to a platform and information such as login date and time of a user (¶0046[Subsequently, the method 300 may go to step S303 to determine the frequently-used login location of the user based on the user login record list 211. Accordingly, the user login records with a same login location in the user login record list 211 may be collected and analyzed statistically, and when the number of the user login records with the same login location is not less than a first threshold, the login location associated with the login records of the user is determined as the frequently-used login location of the user.] in view of ¶¶0023-0024[Such a network application system 130 may, for example, be… an online shopping mall or the like… In addition, the account system 131 may also be responsible for recording login record data 133 of the user. The login record data may, for example, include login time, login IP, optional behavior type after login and the like.]).
The method of Liu is applicable to the method of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the method of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
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]);
acquire information to the electronic flea market of (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, to acquire access information to the electronic flea market of a seller of a product put up for sale on the electronic flea market, the access information including at least one of seller login date information, seller login time information, seller login frequency information, and seller responsiveness information and the acquired access information.
However, Liu teaches tracking a user’s access to a platform and information such as login date and time of a user (¶0046[Subsequently, the method 300 may go to step S303 to determine the frequently-used login location of the user based on the user login record list 211. Accordingly, the user login records with a same login location in the user login record list 211 may be collected and analyzed statistically, and when the number of the user login records with the same login location is not less than a first threshold, the login location associated with the login records of the user is determined as the frequently-used login location of the user.] in view of ¶¶0023-0024[Such a network application system 130 may, for example, be… an online shopping mall or the like… In addition, the account system 131 may also be responsible for recording login record data 133 of the user. The login record data may, for example, include login time, login IP, optional behavior type after login and the like.]).
The system of Liu is applicable to the system of Gottschlich as they share characteristics and capabilities, namely, they are both targeted to improving online commerce. 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 rearrangement of products on a marketplace as disclosed by Gottschlich to include recording a user’s login and access information as taught by Liu. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in order to verify the correctness of a user's login account, password and other optional information when he logs on to the network application system (¶0023).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottschlich in view of Liu in view of Ku et al. (US 2009/0192924 A1 [previously cited]) in further view of Nguyen et al. (US 2016/0203535 A1 [previously cited]).
Regarding Claim 8, Gottschlich in view of Liu teaches the server device according to claim 2, Gottschlich discloses wherein the program code further comprises: inactive seller identification code configured to cause at least one of the at least one processor to identify a seller from the acquired access information; and draft state restoration code configured to cause at least one of the at least one processor to 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 Liu 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 Liu 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 Liu 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 Liu 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 Liu 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 Liu 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 Liu 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 Liu 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 Liu in view of Ku in view of Nguyen teaches the server device according to claim 8, Gottschlich discloses wherein the program code further comprises: seller notification code configured to cause at least one of the at least one processor to, 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 Liu 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 Liu 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 Liu 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 Liu 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).
Claim(s) 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottschlich in view of Liu in view of Nguyen.
Regarding Claim 12, Gottschlich in view of Liu teaches the server device according to claim 1, Gottschlich discloses wherein the program code further comprises: viewing notification code configured to cause at least one of the at least one processor to, when a product having an arrangement priority decreased is viewed, the seller of the viewing (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.] in view of ¶0013[A listing engine may track listing activities such as the time the listing was created or published, the number of times the listing was shown, the number of user selections of the listing (e.g., page views), replies to the item listing (which may include comments, questions, reviews, or any other response to an item listing, in the context of internet commerce websites replies), the click-through rates of the listing]).
Although Gottschlich discloses a product having an arrangement priority decreased, Gottschlich in view of Liu does not explicitly teach to notify a user of the viewing.
However, Nguyen teaches notifying a user (¶0055[Lastly, step 612 notifies the Seller that the listing has been updated.]).
The system of Nguyen is applicable to the system of Gottschlich in view of Liu 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 Liu to include notifying a user as taught by Nguyen. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in view of Liu 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 14, Gottschlich in view of Liu teaches the service providing method according to claim 10, Gottschlich discloses further comprising: when a product having an arrangement priority decreased is viewed, the seller of the viewing (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.] in view of ¶0013[A listing engine may track listing activities such as the time the listing was created or published, the number of times the listing was shown, the number of user selections of the listing (e.g., page views), replies to the item listing (which may include comments, questions, reviews, or any other response to an item listing, in the context of internet commerce websites replies), the click-through rates of the listing]).
Although Gottschlich discloses a product having an arrangement priority decreased, Gottschlich in view of Liu does not explicitly teach notifying a user of the viewing.
However, Nguyen teaches notifying a user (¶0055[Lastly, step 612 notifies the Seller that the listing has been updated.]).
The method of Nguyen is applicable to the method of Gottschlich in view of Liu 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 Liu to include notifying a user as taught by Nguyen. One of ordinary skill in the art would have been motivated to expand the method of Gottschlich in view of Liu in order to list items for sale where the item can be a good, a service, or a combination of goods and services (¶0007).
Claim(s) 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gottschlich in view of Liu in view of Jiang et al. (US 2021/0118036 A1).
Regarding Claim 13, Gottschlich in view of Liu teaches the server device according to claim 1, Gottschlich discloses wherein the predetermined order is a recommended order that causes products to be arranged in order of recommendation of the products to the user based on at least one of a past purchase history or a past viewing history of the user (Figs. 1-4; ¶¶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.]).
Although Gottschlich discloses a predetermined order, Gottschlich in view of Liu does not explicitly teach using artificial intelligence.
However, Jiang et al., hereinafter, Jiang, teaches using artificial intelligence in product recommendation (¶0082[one or more processors 305 of product recommendation system 305 may use training data stored in database 304 to generate one or more machine learning models to generate product recommendations based on contextual information associated with products and/or customer features.]).
The system of Jiang is applicable to the system of Gottschlich in view of Liu as they share characteristics and capabilities, namely, they are all targeted to improving online commerce. 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 Liu to include using artificial intelligence as taught by Jiang. One of ordinary skill in the art would have been motivated to expand the system of Gottschlich in view of Liu in order to provide product recommendations by utilizing contextual information associated with products and users (¶0002).
Regarding Claim 15, Gottschlich in view of Liu teaches the service providing method according to claim 10, Gottschlich discloses wherein the predetermined order is a recommended order that causes products to be arranged in order of recommendation of the products to the user based on at least one of a past purchase history or a past viewing history of the user (Figs. 1-4; ¶¶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.]).
Although Gottschlich discloses a predetermined order, Gottschlich in view of Liu does not explicitly teach using artificial intelligence.
However, Jiang teaches using artificial intelligence in product recommendation (¶0082[one or more processors 305 of product recommendation system 305 may use training data stored in database 304 to generate one or more machine learning models to generate product recommendations based on contextual information associated with products and/or customer features.]).
The method of Jiang is applicable to the method of Gottschlich in view of Liu as they share characteristics and capabilities, namely, they are all targeted to improving online commerce. 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 Liu to include using artificial intelligence as taught by Jiang. One of ordinary skill in the art would have been motivated to expand the method of Gottschlich in view of Liu in order to provide product recommendations by utilizing contextual information associated with products and users (¶0002).
Response to Arguments
Applicant’s arguments on page 10 of the remarks filed 06/04/2026, with respect to the previous Drawing Objections have been fully considered but are not persuasive. Figs. 6-9 submitted on 11/25/2024 contain color. The office will accept color drawings in utility patent applications only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following: (i) The fee set forth in § 1.17(h); (ii) One (1) set of color drawings if submitted via the USPTO patent electronic filing system, or three (3) sets of color drawings if not submitted via the USPTO patent electronic filing system; and (iii) An amendment to the specification to insert (unless the specification contains or has been previously amended to contain) the following language as the first paragraph of the brief description of the drawings: 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, see MPEP 608.01(f). Furthermore, the Examiner must object to the color drawings or color photographs as being improper and require applicant either to cancel the drawings or to provide substitute black and white drawings, see MPEP 608.02 (viii).
Applicant’s arguments on pages 10-13 of the remarks filed 06/04/2026, with respect to the previous 35 USC § 101 rejections have been fully considered but are not persuasive.
Applicant argues on pages 11 and 12 of the remarks that the amended claims are not directed to an abstract idea because they recite a technical improvement. Examiner respectfully disagrees. According to the MPEP 2106.04, the question of whether a claim is “directed to” a judicial exception in Step 2A is now evaluated using a two-prong inquiry. Prong One asks if the claim “recites” an abstract idea, law of nature, or natural phenomenon. Under that prong, the mere inclusion of a judicial exception such as a method of organizing human activity in a claim means that the claim “recites” a judicial exception (see MPEP 2106.04 [“The mere inclusion of a judicial exception such as a mathematical formula (which is one of the mathematical concepts identified as an abstract idea in MPEP § 2106.04(a)) in a claim means that the claim "recites" a judicial exception under Step 2A Prong One.”]). Additionally, MPEP 2106.04 instructs examiners to refer to the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2) (i.e., mathematical concepts, certain methods of organizing human activities, and mental processes) in order to identify abstract ideas. As noted above and in the previous office action, the claims recite product recommendation based on seller access information. This is further illustrated in ¶0004 of the instant specification which discusses that the invention improves product purchase on an electronic flea market. This is an abstract idea because it is a concept of business relations which makes it a method of organizing human activity (i.e., one of the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2)).
Furthermore, activity status of a seller and display status of a product, listing visibility in a marketplace, and compensating for seller unavailability are all part of the abstract idea and the mere application of the abstract idea on high level and generic components such as a virtual marketplace, a memory, a processor, and electronic flea market does not integrate the abstract idea into a practical application or provide a technical improvement. See applicant’s specification Fig. 2 and ¶¶0012-0019 where these additional elements are described at a high level and as being generic.
Applicant further argues on pages 12-13 that the amended claims integrate the abstract idea into a practical application. Examiner respectfully disagrees. The MPEP sets forth, in Step 2A Prong Two, that a claim that recites a judicial exception is not directed to that judicial exception, if the claim as a whole "integrates the recited judicial exception into a practical application of that exception." The evaluation of Prong Two requires the use of the considerations (e.g. improving technology, effecting a particular treatment or prophylaxis, implementing with a particular machine, etc.) identified by the Supreme Court and the Federal Circuit, to ensure that the claim as a whole integrates [the] judicial exception into a practical application [that] will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.' In the instant case, the claims include additional elements such as a server device comprising: at least one memory configured to store program code; and at least one processor configured to operate as instructed by the program code, the program code comprising: product information generation code configured to cause at least one of the at least one processor, and an electronic flea market. While these elements are recited, they are merely peripherally incorporated in order to implement the abstract idea. Put another way, these additional elements are merely used to apply the abstract idea of providing product recommendation based on seller access information in a technological environment without effectuating any improvement or change to the functioning of the additional elements or other technology. Applicant's disclosure does not articulate or suggest how these additional elements function, individually or in combination, in any manner other than using generic functionality nor does the disclosure articulate how the elements provide a technical improvement. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they merely amount to using the computing components as a tool to perform the abstract idea.
Applicant cites to DDR, USPTO' s Subject Matter Eligibility Example 2 (Claim 19), and Core Wireless for support on pages 12-13 of the remarks. Examiner respectfully disagrees that the amended claims are analogous to that of DDR, USPTO Example 2, or Core Wireless. Examiner notes that unlike the DDR case, the instant amended claims recite an abstract idea. The additional elements of Applicant’s claims do not pertain to an improvement to the functioning of a computer or to another technology (see MPEP 2106.04(a) and 2106.05(a)). The argued additional components of a server device comprising: at least one memory configured to store program code; and at least one processor configured to operate as instructed by the program code, the program code comprising: product information generation code configured to cause at least one of the at least one processor, and an electronic flea market are generic components, see also applicant’s specification Fig. 2 and ¶¶0012-0019 where these additional elements are described at a high level and as being generic. The mere execution of the abstract idea on the generic computing components is not directed to improving the existing technological process requiring the generic components to operate in an unconventional manner to achieve an improvement in computer functionality or requiring the non-conventional and non-generic arrangement of known, conventional pieces to improve a technical process, see MPEP 2106. The additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) applies or uses the judicial exception in some other meaningful way beyond linking the use of the judicial exception to a particular technological environment, see MPEP 2106.04(d)(I). As currently recited, the instant claims are directed to improving the argued business task of generating product information, acquiring marketplace access information, rearranging an arrangement of a product and providing a user with the product information after an arrangement is rearranged.
Additionally, in Core Wireless the specification noted deficiencies in prior art interfaces relating to efficient functioning of the computer. Core Wireless Licensing v. LG Elecs. Inc., 880 F.3d 1356 (Fed Cir. 2018). Although the amended claims include computer technology such as a server device comprising: at least one memory configured to store program code; and at least one processor configured to operate as instructed by the program code, the program code comprising: product information generation code configured to cause at least one of the at least one processor, and an electronic flea market, such elements are merely peripherally incorporated in order to implement the abstract idea. This is unlike the improvements recognized by the courts in cases such as Core Wireless. Unlike precedential cases, neither the specification nor the claims of the instant invention identify such a specific improvement to computer capabilities. The instant claims are not directed to technological improvements but are directed to improving product recommendation based on seller access information.
Accordingly, Examiner maintains that the 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. Thus the 35 USC §101 rejections are maintained.
Applicant’s arguments on pages 13-15 of the remarks filed 06/04/2026, with respect to the previous 35 USC § 103 rejections have been fully considered but are moot in view of the new 103 rejection of the amended claims.
With respect to the applicant’s argument on page 15 that there was no motivation to combine references Gottschlich and Yedidi, Examiner respectfully disagrees. The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, the motivation to combine is to determine patterns that indicate that the user account login credentials are being shared among multiple users, see Abstract of Yedidi.
Accordingly, Examiner maintains the 103 rejection. References Gottschlich, Ku, and Nguyen have been maintained, and references Liu and Jiang have been added in view of the claim amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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.
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/AHOORA LADONI/Examiner, Art Unit 3689
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689
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