DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1, 12, 13, and 20 have been amended.
Claims 1-20 are currently pending and have been examined.
Response to Applicant's Remarks
35 U.S.C. § 101
Applicant’s remarks, see Page(s) 7-12, filed 30 December 2025, with respect to the 35 U.S.C. § 101 rejections, have been fully considered, but are not persuasive.
Applicant submits that the claims of the current application do not recite an abstract idea because the claimed steps cannot practically be performed in the human mind, at least because it requires a processor coupled to computer memory to cause a device to perform each step, comprising concrete data processing constraints integrated into a practical system solution.
Examiner respectfully disagrees. Although the claims recite data processing performed by a processor coupled to a computer memory, the claims continue to recite a system and series of steps for correlating referral lead information to booking events, which under broadest reasonable interpretation, is analogous to commercial or legal interactions, such as advertising, marketing, or sales activities, and/or concepts performed in the human mind, such as, observation, evaluation, judgment, opinion. These concepts are grouped as certain methods of organizing human activity and/or mental processes. Accordingly, the claim(s) recite(s) an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the claim(s) recite(s) the additional element(s) of ‘a data matching server’, ‘one or more processors’, ‘a data communications interface’, ‘at least one memory device’, ‘a non-transitory computer-readable storage medium’, ‘a booking matching algorithm’. These additional elements are recited at a high-level of generality such that in conjunction with the abstract limitations, they amount to no more than:
mere instructions to apply the exception using generic computer components (i.e., generic computer components performing generic computer functions) (‘a data matching server’, ‘one or more processors’, ‘a data communications interface’, ‘at least one memory device’, ‘a non-transitory computer-readable storage medium’). In their broadest reasonable interpretation, the additional element(s) comprise(s) only a processor, instructions in memory, a display, a receiver, and a transmitter, being used to implement the functions of the abstract idea. Accordingly, the claims do not amount to more than a recitation of the words "apply it" (or an equivalent) or more than mere instructions to implement an abstract idea or other exception in a generic computing environment (see MPEP 2106.05(f) Mere Instructions to Apply an Exception). Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim(s) is/are directed to the judicial exception.
generally linking the use of the judicial exception to a particular technological environment or field of use (‘a booking matching algorithm’).
Applicant submits that the claims of the current application are not directed to an abstract idea because the claims provide a specific improvement over prior art systems and thus, each of the rejected claims as a whole integrates any purported judicial exception into a practical application. Applicant submits that the recited features of the claimed invention facilitates a specific improvement in the functioning of distributed booking attribution systems.
Examiner respectfully disagrees, as the claim limitations are not indicative of integration into a practical application, such as an improvement to the functioning of a computer or other technical field, as considered below in view of MPEP 2106. In particular, an improvement in the judicial exception itself, such as preserving privacy, is not an improvement in technology. Applicant’s improvement in this case is not an improvement to the functioning of a computer, or to any other technology or technological field.
The following are examples of eligible subject matter based on technological improvements: see, e.g., McRO, 837 F.3d at 1315 ("The claimed process uses a combined order of specific rules that renders information into a specific format that is then used and applied to create desired results: a sequence of synchronized, animated characters."); Finjan, Inc. v. Blue Coat Sys., Inc., 879 F.3d 1299, 1304 (Fed. Cir. 2018) (finding patent eligible a claim drawn to a behavior-based virus scan that protects against viruses that have been "cosmetically modified to avoid detection by code-matching virus scans"); Enfish, 822 F.3d at 1330, 1333 (discussing patent eligible claims directed to "an innovative logical model for a computer database" that included a self-referential table allowing for greater flexibility in configuring databases, faster searching, and more effective storage); CardioNet, LLC v. InfoBionic, Inc., 955 F.3d 1358, 1368 (Fed. Cir. 2020) (explaining that the claims at issue focus on a specific means for improving cardiac monitoring technology; they are not "directed to a result or effect that itself is the abstract idea and merely invoke generic processes and machinery" (quoting McRO, 837 F.3d at 1314)).
In contrast, the claims of the current application are similar to gathering and analyzing information using conventional techniques and displaying the result (TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48), wherein the courts have indicated not to be sufficient to show an improvement to technology.
To show that the involvement of a computer assists in improving the technology, the claims must recite the details regarding how a computer aids the method, the extent to which the computer aids the method, or the significance of a computer to the performance of the method. Merely adding generic computer components to perform the method is not sufficient. Thus, the claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology (see MPEP 2106.05(a)).
Instead, the additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions) such that they amount to no more than mere instructions to apply the exception using generic computer components. In their broadest reasonable interpretation, the additional element(s) comprise(s) only a processor, instructions in memory, a receiver, and a transmitter, being used to implement the functions of the abstract idea.
Accordingly, the claims do not amount to more than a recitation of the words "apply it" (or an equivalent) or more than mere instructions to implement an abstract idea or other exception in a generic computing environment (see MPEP 2106.05(f) Mere Instructions to Apply an Exception). Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim(s) is/are directed to the judicial exception.
35 U.S.C. § 103
Applicant’s remarks, see Page(s) 12-16, filed 30 December 2025, with respect to the 35 U.S.C. § 103 rejections, have been fully considered, and are persuasive, in view of the claim amendments.
The cited prior art, taken either individually or in combination with other prior art of record, fails to teach or suggest wherein the booking matching algorithm determines eligible lead information based on at least: a provider identification associated with each booking event, an activity identification associated with each booking event, and a temporal-based booking threshold applied within a lead lookup timeframe and a booking lookup timeframe, and wherein determining eligible lead information for each booking event comprises grouping eligible leads by referral; in response to determining that a first subset of the plurality of eligible leads for the booking correspond to a single referral, selecting the eligible lead closest in time to the booking; in response to determining that a second subset of the plurality of eligible leads for the booking correspond to different referrals, generating no match indication for each of the second subset of the plurality of eligible leads.
Therefore, the 35 U.S.C. § 103 rejections have been withdrawn.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 1, 13, and 20 recite(s) a system and series of steps for correlating referral lead information to booking events, which under broadest reasonable interpretation, is analogous to commercial or legal interactions, such as advertising, marketing, or sales activities, and/or concepts performed in the human mind, such as, observation, evaluation, judgment, opinion. These concepts are grouped as certain methods of organizing human activity and/or mental processes.
The limitation(s) of, ‘determining…to initiate a matching event for a service provider associated with one or more booking events of a plurality of booking events’; ‘determining a lead lookup timeframe and a booking lookup timeframe based on the matching event’; ‘obtaining…booking event data for the plurality of booking events…’; ‘obtaining…lead data for the plurality of booking events’; ‘determining…eligible lead information for each booking event of the one or more booking events that is correlated with a corresponding lead from the lead data…’; ‘determines eligible lead information based on at least: a provider identification…, an activity identification…, and a temporal-based booking threshold…’; ‘determining that a first subset of the plurality of eligible leads for the booking correspond to a single referral’; ‘selecting the eligible lead closest in time to the booking’; ‘determining that a second subset of the plurality of eligible leads for the booking correspond to different referrals’; ‘generating no match indication for each of the second subset of the plurality of eligible leads’; ‘providing the eligible lead information to the service provider’, as drafted, recite a process that, under broadest reasonable interpretation, is/are certain methods of organizing human activity and/or mental processes. Accordingly, the claim(s) recite(s) an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the claim(s) recite(s) the additional element(s) of ‘a data matching server’, ‘one or more processors’, ‘a data communications interface’, ‘at least one memory device’, ‘a non-transitory computer-readable storage medium’, ‘a booking matching algorithm’. These additional elements are recited at a high-level of generality such that in conjunction with the abstract limitations, they amount to no more than:
mere instructions to apply the exception using generic computer components (i.e., generic computer components performing generic computer functions) (‘a data matching server’, ‘one or more processors’, ‘a data communications interface’, ‘at least one memory device’, ‘a non-transitory computer-readable storage medium’). In their broadest reasonable interpretation, the additional element(s) comprise(s) only a processor, instructions in memory, a display, a receiver, and a transmitter, being used to implement the functions of the abstract idea. Accordingly, the claims do not amount to more than a recitation of the words "apply it" (or an equivalent) or more than mere instructions to implement an abstract idea or other exception in a generic computing environment (see MPEP 2106.05(f) Mere Instructions to Apply an Exception). Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim(s) is/are directed to the judicial exception.
generally linking the use of the judicial exception to a particular technological environment or field of use (‘a booking matching algorithm’).
Claim(s) 2-12 and 14-19 further recite(s) the system and series of steps for correlating referral lead information to booking events, which under broadest reasonable interpretation, is analogous to commercial or legal interactions, such as advertising, marketing, or sales activities, and/or concepts performed in the human mind, such as, observation, evaluation, judgment, opinion. These concepts are grouped as certain methods of organizing human activity and/or mental processes. Accordingly, the claim(s) recite(s) an abstract idea.
The judicial exception is not integrated into a practical application. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions) such that they amount to no more than mere instructions to apply the exception using generic computer components. In their broadest reasonable interpretation, the additional element(s) comprise(s) only a processor, instructions in memory, a receiver, and a transmitter, being used to implement the functions of the abstract idea. Accordingly, the claims do not amount to more than a recitation of the words "apply it" (or an equivalent) or more than mere instructions to implement an abstract idea or other exception in a generic computing environment (see MPEP 2106.05(f) Mere Instructions to Apply an Exception). Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim(s) is/are directed to the judicial exception.
Additionally, the claims recite(s) the additional elements of receiving and transmitting data. These limitations are recited at a high level of generality (i.e., as a general means of receiving and transmitting data), and amount to mere data transmission, which is a form of insignificant extra-solution activity. Thus, the claim(s) is/are directed to the abstract idea.
As discussed above, the additional elements amount to mere data transmission, which is a form of insignificant extra-solution activity. As detailed in MPEP 2106, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the reception and transmission of data was considered to be extra-solution activity in Step 2A, and thus it is re-evaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field.
The generic functions of receiving and transmitting data are considered to be well‐understood, routine, and conventional elements previously known to the industry, because the functions can be summarized as the generic computer functions of receiving or transmitting data over a network. This is similar to how ‘using the Internet to gather data’ was found to be a well-known, routine, and conventional function in the decision of Intellectual Ventures I LLC v. Symantec Corp. (Fed. Cir. 2015) (see MPEP 2106.05(d)(II) Elements That the Courts Have Recognized as Well-Understood, Routine, Conventional Activity in Particular Fields). Thus, these elements amount to well‐understood, routine, and conventional elements previously known to the industry, which does not add significantly more, and therefore remains insignificant extra-solution activity even upon reconsideration. Even when considered in combination, these additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, which do not provide an inventive concept, and therefore, the claim(s) is/are not eligible.
As analyzed above in step 2A prong 2, the limitations as an ordered combination, are merely applying the abstract idea in a generic computing environment. In addition, the claims do not improve functionality of a computer or improve any other technology. Thus, claims 1-20 are ineligible as the claims do not recite additional elements which result in significantly more than the abstract idea itself.
Novelty/Non-Obviousness
The subject matter of claims 1-20 is not taught by the cited prior art and is considered novel. However, claims 1-20 remain rejected under 35 U.S.C. 101 as described above.
The closest prior art of record are Mimassi (U.S. Patent App. Pub. No. 20220148025), Jenson (U.S. Patent App. Pub. No. 20110307392), Carlson (U.S. Patent App. Pub. No. 20130332255), Potter (U.S. Patent App. Pub. No. 20130311322), Leeds (U.S. Patent App. Pub. No. 20110071865), Stanfield (U.S. Patent App. Pub. No. 20020069093), Glazier (U.S. Patent App. Pub. No. 20240265420).
The cited prior art, taken either individually or in combination with other prior art of record, fails to teach or suggest wherein the booking matching algorithm determines eligible lead information based on at least: a provider identification associated with each booking event, an activity identification associated with each booking event, and a temporal-based booking threshold applied within a lead lookup timeframe and a booking lookup timeframe, and wherein determining eligible lead information for each booking event comprises grouping eligible leads by referral; in response to determining that a first subset of the plurality of eligible leads for the booking correspond to a single referral, selecting the eligible lead closest in time to the booking; in response to determining that a second subset of the plurality of eligible leads for the booking correspond to different referrals, generating no match indication for each of the second subset of the plurality of eligible leads.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE S MURRAY whose telephone number is (571)272-4306. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shannon Campbell can be reached at (571) 272-5587. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Wayne S. Murray/Examiner, Art Unit 3628
/SHANNON S CAMPBELL/Supervisory Patent Examiner, Art Unit 3628
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