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 .
DETAILED ACTION
This communication is responsive to the application Preliminary Amendments filed on 05/07/2025.
Claim 1 has been cancelled.
Claims 2-21 have been newly added.
Claims 2-21 are presented for examination.
References in applicant's IDS form 1449 received on 10/14/2025 have been considered by the examiner.
Double Patenting
The no statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A no statutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 21-50 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-14 of copending Application No. 16/556,018, and claims 21-33 and 46-49 of copending Application No. 14/873,158 and claims 20-26, 28-32 and 34-37 of copending Application No. 16/575,003, claims 32-61 of copending Application No. 17/445,575 and claims 21-26 and 30-50 of copending Application No. 18/346,618. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims in each application are directed to evaluating and purchasing an electronic device at a kiosk.
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 2-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 2-21 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claim 21 recites an abstract idea. Claim 1 includes elements for “receiving information about the
The limitations above recite an abstract idea. More particularly, the elements above recite certain methods of organizing human activity related to Collecting information, analyzing it, and displaying certain results of the collection and analysis because the elements describe an evaluating and purchasing an electronic device at a kiosk by checking the acceptable state . Further, the elements above recite. As a result, claim 1 recites an abstract idea under Step 2A Prong One.
Claims 12 include substantially similar limitations to those included with respect to claim 2. As a result, claims 12 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claim 2.
Claims 3-11 and 13-21 further describe the process for selecting and viewing organizational information and further recite certain methods of organizing human activity and/ mental processes for the same reasons as stated above. As a result, claims 3-11 and 13-21 recite an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 2 does not include additional elements that integrate the abstract idea into a practical application. Claim 2 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include an electronic device and Kiosk. When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the Kiosk amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is an insignificant extra solution activity to the recited abstract idea. As a result, claim 1 does not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
As noted above, claims 12 include substantially similar limitations to those included with respect to claim 2. Although claim 12 further includes a method, the additional element, when considered in view of the claim as a whole, do not integrate the abstract idea into a practical application because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. As a result, claims 12 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 3-11 and 13-21 do not include any additional elements beyond those included with respect to the claims from which claims 3-11 and 13-21 depend. As a result, claims 3-11 and 13-21 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two for the same reasons as stated above.
With respect to Step 2B of the framework, claim 2 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include kiosk and a step for gathering information. The additional elements do not amount to significantly more than the recited abstract idea because the additional elements the computing device amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is a well-understood, routine, and conventional computer function in view of MPEP 2105.06(d)(II). Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 2 does not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
As noted above, claims 12 include substantially similar limitations to those included with respect to claim 2. Although claim 12 further include a method, the additional elements do not amount to significantly more than the recited abstract idea because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 12 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
Claims 3-11 and 13-21 do not include any additional elements beyond those included with respect to the claims from which claims 3-11 and 13-21 depend. As a result, claims 3-11 and 13-21 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B for the same reasons as stated above.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 2-21 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Relevant Prior Art
The prior art made of record and not relied upon, which is considered pertinent to applicant's disclosure, are cited in the Notice of Reference Cited form (PT0-892).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FATEH M OBAID whose telephone number is (571)270-7121. The examiner can normally be reached Monday-Friday 8:00 A.M to 4:30 P.M.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Zeender can be reached at (571) 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEH M OBAID/Primary Examiner, Art Unit 3627
