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
1. This is a first non-final Office Action on the merits for application 19041096. Claims 25-44 are pending examination.
Double Patenting
2. The nonstatutory 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 nonstatutory 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 25-44 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1-20 of U.S. Patent No. 11,276,083 and Claim 1-24 of U.S. Patent No. 11,216,774. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform similar method steps and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other inventions.
Application number: 19041096
25. A method for managing a shipment of a plurality of products, comprising:obtaining a request for a packing instruction from a user via a user interface, wherein the request comprises: weight and dimension information of the plurality of products, dimension information of one or more containers available for containing the plurality of products, and a rate table including shipping rate information of one or more shipping carriers identified by the user;ranking the plurality of products based on at least one of their weight and dimension information to generate a first ranking list;ranking the one or more containers based on their dimension information to generate a second ranking list;determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers;selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products;working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration;providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; andwhen an online shopper adds, removes or modifies a product in an online shopping cart,updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products,updating the selected layout configuration based on the updated plurality of layout configurations,generating an updated visual illustration based on the updated layout configuration, andproviding the updated visual illustration as an updated packing instruction.
Patent number: 11,276,0831. A method performed by a host server for managing a shipment of a plurality of products to an online customer, comprising:
obtaining a request for a packing instruction from a user via a user interface or server database, wherein the request comprises: weight information, dimension information of the plurality of products, custom-container machine information,
wherein the custom-container machine information comprises an allowable set of container dimensions the custom-container machine can construct;
obtaining, from the computer database, a rate table from a computer database including shipping rate information related to one or more shipping carriers;
ranking the plurality of products based on at least one of their weight information and dimension information to generate a first ranking list;
determining, based on the first ranking list and the custom-container machine information, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers, wherein the available one or more containers is based on the custom-container machine information and wherein determining each of the plurality of layout configurations comprises:
picking a product on top of the first ranking list,
retrieving, from a database, rules related to: existing products already assigned for packing, the product, the container, and the rate table,
determining whether a container is found in the second ranking list to satisfy the rules,
when the container is found in the second ranking list to satisfy the rules, assigning the product to a location within the container for packing,
when no container is found in the second ranking list to satisfy the rules,
ranking a plurality of new containers to generate a third ranking list,
opening a new container that has a lowest cost-per-item among the third ranking list, and
assigning the product to a location within the new container for packing,
updating information of the product, the container, the second ranking list, and the layout configuration,
updating the first ranking list by removing the product from the first ranking list, and
iterating the above steps until no product is left in the first ranking list;
selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products;
providing a packing instruction based on the selected layout configuration to the custom container machine;
assigning the product to a location within the container for packing;
updating the first ranking list by removing the product from the first ranking list;
working remotely in concert with the remote server to generate a visual illustration of the selected layout configuration;
providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and
when the online shopper adds, removes or modifies a product in the online shopping cart,
updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products,
updating the selected layout configuration based on the updated plurality of layout configurations,
generating an updated visual illustration based on the updated layout configuration, and
providing the updated visual illustration as an updated packing instruction.
Patent number: 11,216,7741. A method performed by a host server for managing a shipment of a plurality of products to an online shopper, comprising:
obtaining a request for a packing instruction from a user via a user interface, wherein the request comprises: weight information and dimension information of the plurality of products, and dimension information of one or more containers available for containing the plurality of products,
wherein the plurality of products are added by the online shopper into an online shopping cart via a website or an app associated with the user over Internet;
obtaining, from a third party server, a rate table including shipping rate information related to one or more shipping carriers identified by the user;
ranking the plurality of products based on at least one of their weight information and dimension information to generate a first ranking list;
ranking the one or more containers based on their dimension information to generate a second ranking list;
determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers, wherein determining each of the plurality of layout configurations comprises:
picking a product on top of the first ranking list,
retrieving, from a database, rules related to: existing products already assigned for packing, the product, the container, and the rate table,
determining whether a container is found in the second ranking list to satisfy the rules,
when the container is found in the second ranking list to satisfy the rules, assigning the product to a location within the container for packing,
when no container is found in the second ranking list to satisfy the rules,
ranking a plurality of new containers to generate a third ranking list,
opening a new container that has a lowest cost-per-item among the third ranking list, and
assigning the product to a location within the new container for packing,
updating information of the product, the container, the second ranking list, and the layout configuration,
updating the first ranking list by removing the product from the first ranking list, and
iterating the above steps until no product is left in the first ranking list;
selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products;
working remotely with the third party server in concert to generate a visual illustration of the selected layout configuration;
providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection;
providing, based on the visual illustration, a shipping cost for the plurality of products to the user, wherein the shipping cost is to be presented to the online shopper via the website or the app as a real-time response to the plurality of products added into the online shopping cart; and
when the online shopper adds, removes or modifies a product in the online shopping cart,
updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products,
updating the selected layout configuration based on the updated plurality of layout configurations,
generating an updated visual illustration based on the updated layout configuration,
providing the updated visual illustration as an updated packing instruction to the user via the user interface, and
providing an updated shipping cost for the updated plurality of products as a real-time response to the updated plurality of products in the online shopping cart
39. A system having at least one processor, storage, and a communication platform connected to a network for managing a shipment of a plurality of products, comprising:a user interface configured for obtaining a request for a packing instruction from a user, wherein the request comprises: weight and dimension information of the plurality of products, dimension information of one or more containers available for containing the plurality of products, and a rate table including shipping rate information of one or more shipping carriers identified by the user;a ranking unit configured for ranking the plurality of products based on at least one of their weight and dimension information to generate a first ranking list, andranking the one or more containers based on their dimension information to generate a second ranking list;a layout determiner configured for determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers, andselecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products,when the remote user adds, removes or modifies a product in the plurality of products:updating the plurality of layout configurations for placing an updated plurality of products based on a user input that triggers at least one of the following actions via the web server or an application: breaking apart items in a container, changing the size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations; a layout visualizer configured for:generating a visual illustration of the layout configuration, andgenerating an updated visual illustration based on the updated layout configuration; anda packing instructor configured for providing the visual illustration as the packing instruction to the user via the user interface, andan updated packing instruction comprising the updated visual illustration to the user via the user interface.
14. A system for packing control, comprising:
a host server having at least one processor, storage, and a communication platform connected to a network in communication with a web server or an app;
a custom-container machine;
a subscriber computer having at least one processor, storage, and a communication platform connected to the network, wherein
the subscriber computer is configured to access the host server via a key and run a method implemented on the host server to manage a shipment of a plurality of products to a remote user, and
the plurality of products are added by the remote user into a remote database via the web server or the app;
the host server is further configured to:
obtain a request for a packing instruction from a user via a user interface or a server database, wherein the request comprises: weight information, dimension information of the plurality of products, custom-container machine information,
wherein the custom-container machine information comprises an allowable set of container dimensions the custom-container machine can construct;
obtain, from a computer database, a rate table from the computer database including shipping rate information related to one or more shipping carriers;
the host server further comprises:
a ranking unit configured for
ranking the plurality of products based on at least one of their weight information and dimension information to generate a first ranking list;
a layout determiner configured for
determining, based on the first ranking list and the custom-container machine information, a plurality of layout configurations for packing the plurality of products into at least one container selected from one or more containers, wherein the available one or more containers is based on the custom-container machine information and wherein determining each of the plurality of layout configurations comprises:
picking a product on top of the first ranking list,
retrieving, from a database, rules related to: existing products already assigned for packing, the product, a respective container of the available one or more containers, and the rate table,
determining whether a container is found in a second ranking list to satisfy the rules,
when the container is found in the second ranking list to satisfy the rules, assigning the product to a location within the container for packing,
when no container is found in the second ranking list to satisfy the rules,
ranking a plurality of new containers to generate a third ranking list,
opening a new container that has a lowest cost-per-item among the third ranking list, and
assigning the product to a location within the new container for packing,
updating information of the product, the container, the second ranking list, and a layout configuration,
updating the first ranking list by removing the product from the first ranking list, and
iterating the above steps until no product is left in the first ranking list;
selecting a selected layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products;
providing a packing instruction based on the selected layout configuration to the custom-container machine;
assigning the product to a location within the container for packing;
updating the first ranking list by removing the product from the first ranking list;
working remotely in concert with a layout visualizer to generate a visual illustration of the selected layout configuration;
providing the visual illustration as the packing instruction to the remote user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection and
when the remote user adds, removes or modifies an adjusted product in the plurality of products:
updating the plurality of layout configurations for placing an updated plurality of products based on a user input that triggers at least one of the following actions via the web server or the app: breaking apart items in the container, changing a size of the container, altering a dimensional weight associated with the container, or adding a condition for packing the updated plurality of products,
updating the selected layout configuration based on the updated plurality of layout configurations;
the layout visualizer configured for:
generating the visual illustration of the selected layout configuration, and
generating an updated visual illustration based on the updated selected layout configuration; and
a packing instructor configured for providing:
the packing instruction comprising the visual illustration to the user via the user interface, and
an updated packing instruction comprising the updated visual illustration to the user via the user interface.
15. A system comprising:
a host server having at least one processor, storage, and a communication platform connected to a network in communication with a website or an app;
a subscriber computer having at least one processor, storage, and a communication platform connected to the network, wherein
the subscriber computer is configured to access the host server via a key and run a method implemented on the host server to manage a shipment of a plurality of products to an online shopper,
the plurality of products are added by the online shopper into an online shopping cart via the website or the app over Internet; and
a user interface coupled to the subscriber computer and configured for obtaining a request for a packing instruction from a user, wherein the request comprises: weight information and dimension information of the plurality of products, and dimension information of one or more containers available for containing the plurality of products, and a rate table including shipping rate information related to one or more shipping carriers identified by the user; wherein the method comprises:
ranking the plurality of products based on at least one of their weight information and dimension information to generate a first ranking list,
ranking the one or more containers based on their dimension information to generate a second ranking list,
determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers, wherein determining each of the plurality of layout configurations comprises:
picking a product on top of the first ranking list,
retrieving, from a database, rules related to: existing products already assigned for packing, the product, the container, and the rate table,
determining whether a container is found in the second ranking list to satisfy the rules,
when the container is found in the second ranking list to satisfy the rules, assigning the product to a location within the container for packing,
when no container is found in the second ranking list to satisfy the rules,
ranking a plurality of new containers to generate a third ranking list,
opening a new container that has a lowest cost-per-item among the third ranking list, and
assigning the product to a location within the new container for packing,
updating information of the product, the container, the second ranking list, and the layout configuration,
updating the first ranking list by removing the product from the first ranking list, and
iterating the above steps until no product is left in the first ranking list,
selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products,
working remotely with a third party server in concert to generate visual illustration of the selected layout configuration,
providing a packing instruction comprising the visual illustration to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection,
providing, based on the visual illustration, a shipping cost for the plurality of products to the user, wherein the shipping cost is to be presented to the online shopper via the website or the app as a real-time response to the plurality of products added into the online shopping cart,
updating the plurality of layout configurations for packing an updated plurality of products when the online shopper adds, removes or modifies a product in the online shopping cart,
selecting an updated layout configuration from the updated plurality of layout configurations,
generating an updated visual illustration based on the updated layout configuration,
providing an updated packing instruction comprising the updated visual illustration to the user via the user interface, and
providing an updated shipping cost for the updated plurality of products as a real-time response to the updated plurality of products in the online shopping cart.
As to the independent claims:
Instant claim 26 is fully disclosed in claim 3 of the copending application number 12217208 and claim 2 of the copending application number 11216774.
Instant claim 27 is fully disclosed in claim 4 of the copending application number 12217208 and claim 3 of the copending application number 11216774.
Instant claim 28 is fully disclosed in claim 5 of the copending application number 12217208 and claim 4 of the copending application number 11216774..
Instant claim 29 is fully disclosed in claim 6 of the copending application number 12217208 and claim 5 of the copending application number 11216774.
Instant claim 30 is fully disclosed in claim 7 of the copending application number 12217208 and claim 6 of the copending application number 11216774.
Instant claim 31 is fully disclosed in claim 8 of the copending application number 12217208 and claim 7 of the copending application number 11216774.
Instant claim 32 is fully disclosed in claim 9 of the copending application number 12217208 and claim 8 of the copending application number 11216774.
Instant claim 33 is fully disclosed in claim 10 of the copending application number 12217208 and claim 9 of the copending application number 11216774.
Instant claim 34 is fully disclosed in claim 11 of the copending application number 12217208 and claim 10 of the copending application number 11216774.
Instant claim 35 is fully disclosed in claim 12 of the copending application number 12217208 and claim 11 of the copending application number 11216774.
Instant claim 36 is fully disclosed in claim 13 of the copending application number 12217208 and claim 12 of the copending application number 11216774.
Limitations presented in claim 38 is an obvious variation of additional limitations presented in application 12217208 claim 1 and 11216774 claim 1.
It would have been obvious to one having ordinary skill in the art to make the changes above in order to cover slightly broader limitations. Furthermore, the claimed elements perform the same function as before.
Claim Rejections - 35 USC § 101
3. 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 25-44 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) 25 is/are drawn to method (i.e., a process), claim(s) 39 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 25 and 39 is/are drawn to one of the statutory categories of invention.
Claims 25-44 are directed to packing optimization and visualization and managing a shipment of plurality of products. Specifically, claim(s) 25 and 39 recite(s) obtaining a request for a packing instruction from a user via a user interface, wherein the request comprises: weight and dimension information of the plurality of products, dimension information of one or more containers available for containing the plurality of products, and a rate table including shipping rate information of one or more shipping carriers identified by the user; ranking the plurality of products based on at least one of their weight and dimension information to generate a first ranking list; ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and grouped as following:
obtaining a request for a packing instruction from a user via a user interface, wherein the request comprises: weight and dimension information of the plurality of products, dimension information of one or more containers available for containing the plurality of products, and a rate table including shipping rate information of one or more shipping carriers identified by the user; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
ranking the plurality of products based on at least one of their weight and dimension information to generate a first ranking list; ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as system, processor, storage, communication platform, network merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the system, processor, storage, communication platform, network perform(s) the steps or functions of obtaining a request for a packing instruction from a user via a user interface, wherein the request comprises: weight and dimension information of the plurality of products, dimension information of one or more containers available for containing the plurality of products, and a rate table including shipping rate information of one or more shipping carriers identified by the user; ranking the plurality of products based on at least one of their weight and dimension information to generate a first ranking list; ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, processor, storage, communication platform, network to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of packing optimization and visualization and managing a shipment of plurality of products. As discussed above, taking the claim elements separately, the system, processor, storage, communication platform, network perform(s) the steps or functions of obtaining a request for a packing instruction from a user via a user interface, wherein the request comprises: weight and dimension information of the plurality of products, dimension information of one or more containers available for containing the plurality of products, and a rate table including shipping rate information of one or more shipping carriers identified by the user; ranking the plurality of products based on at least one of their weight and dimension information to generate a first ranking list; ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of packing optimization and visualization and managing a shipment of plurality of products. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 26-38, and 40-44 further describe the abstract idea of packing optimization and visualization and managing a shipment of plurality of products. Claim(s) 26-38, and 40-44 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, processor, storage, communication platform, network to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of packing optimization and visualization and managing a shipment of plurality of products. As discussed above, taking the claim elements separately, the system, processor, storage, communication platform, network perform(s) the steps or functions of wherein the rate table lists shipping rates of each of the one or more shipping carriers according to information about at least one of the following: a weight of a container having at least one product to be shipped; a container type of the container; a product type of the at least one product; insurance information of the at least one product; and a discount or deal agreed between the user and at least one of the one or more shipping carriers regarding a shipment of the plurality of products; wherein: the request further comprises characteristics of the plurality of products, wherein the characteristics comprise whether each product is stackable, rollable, foldable, and/or forbidden to be packed with another product; and determining the plurality of layout configurations comprises determining each of the plurality of layout configurations based on the characteristics of the plurality of products; obtaining, regarding each of the one or more shipping carriers, a dimensional weight associated with the at least one container from a third party or the shipping carrier, wherein the dimensional weight is determined based on a volume and a dimensional factor associated with the at least one container; and comparing the dimensional weight with actual weight of the at least one container including the plurality of products to generate a comparison result, wherein the selected layout configuration is selected further based on the comparison result; shipping rates according to a discount or deal agreed between the user and at least one of the one or more shipping carriers regarding the dimensional weight associated with the at least one container; obtaining, from a third party or the one or more shipping carriers, zone information of origin and destination for shipping the plurality of products, wherein: the zone information is determined by each of the one or more shipping carriers, and the selected layout configuration is selected further based on the zone information; shipping rates according to a discount or deal agreed between the user and at least one of the one or more shipping carriers regarding the zone information associated with the origin and the destination for shipping the plurality of products; the first ranking list includes the plurality of products in a volume descending order; and the second ranking list includes the one or more containers in an ascending order of volume remaining in the one or more containers; wherein determining each of the plurality of layout configurations comprises: picking a product on top of the first ranking list; searching, from top to bottom of the second ranking list, for a container that satisfies one or more rules based on information of the product, the container, and the rate table; assigning the product to a location within the container for packing; updating information of the product, the container, the second ranking list, and the layout configuration; updating the first ranking list by removing the product from the first ranking list; anditerating the above steps until no product is left in the first ranking list; wherein searching for a container comprises searching for a container that adds a minimum cost for shipping the product in the container in addition to shipping existing products that are already assigned for packing, compared to shipping the product in any other container in the second ranking list; wherein searching for a container comprises:determining that no container in the second ranking list satisfies the one or more rules based on existing products already assigned for packing;opening a container that has a lowest cost-per-item among the second ranking list; and re-assigning at least one product previously assigned to the container for assigning the product into the opened container; calculating, based on each of the plurality of layout configurations and the rate table, an estimated shipping rate for a shipment of the plurality of products according to the layout configuration, wherein selecting the layout configuration comprises selecting the layout configuration that minimizes the estimated shipping rate among the plurality of layout configurations; each of the plurality of layout configurations is for packing the plurality of products into the at least one carton and packing the at least one carton into the at least one pallet; obtaining, from the user via the user interface, an input regarding the packing instruction provided to the user; updating the plurality of layout configurations for packing the plurality of products based on the input;updating the selected layout configuration based on the updated plurality of layout configurations and the input; generating an updated visual illustration based on the updated layout configuration; and providing the updated visual illustration to the user via the user interface. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of packing optimization and visualization and managing a shipment of plurality of products. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
4. In reference to independent claims 25 and 39, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations steps found in the claims especially limitation that says: “ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction.”. No reference found that would teach the above limitation(s).
Examiner notes: method and system for optimizing and vascularizing and managing shipment of products by obtaining and determining a request for packing and ranking the products based on weight information and dimension information to generate ranking list and based on the ranking list a layout configurations is selected and a rate table that has shipping rate information, and generating an updated visual illustration for a layout of the packages and provide the updated visual illustration.
The first most relevant prior art identified by the Examiner is 20140172736. It teaches determining an optimal number and size of standardized containers for shipping product items in a purchase order is provided. Shipping by using standardized containers is different from standard shipping since the shipping rate for a standardized container of a particular size may be fixed irrespective of the number of items that are actually put into such a container. With such standardized shipping containers, customers may simply place an item in a selected shipping container and ship the item at a fixed price, regardless of weight of the item or destination. The systems and methods may determine the optimal number by minimizing the number of standardized containers using a cornering technique. The systems and methods may determine the optimal size of the standardized containers by re-evaluating the size of each of the standardized containers within the determined optimal number of containers, but it does not teach ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
The second most relevant prior art identified by the Examiner is/are 11772833. It teaches automated custom shipping containers. In one embodiment, an example system may include a depth camera, a first robotic arm configured to grasp objects, a box making machine configured to generate boxes, and a computer system. The computer system may be configured to determine a depth map of a first object and a second object using the depth camera, determine a first dimension of the first object, determine a second dimension of the second object, and determine a first box dimension for a box in which the first object and the second object are to be placed using the first dimension and the second dimension. The computer system may be configured to cause the box making machine to produce the box, and cause the first robotic arm to place the first object and the second object into the box, but it is missing the feature of ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
The fourth most relevant prior art found by the Examiner is 6721762, 8504413, 20050197892, 20120158627, and 6876958.Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
All these references listed above teaches some of the features in the limitations of the claim but when combining it becomes not obvious and the references would teach the claim as a whole.
Examiner note: none of the references or combined references teach the combination of limitations of claim 25 and 39 or no reference found that would teaches the combination of limitations of claim 25 and 39, especially claim limitations: ranking the one or more containers based on their dimension information to generate a second ranking list; determining, based on the first ranking list and the second ranking list, a plurality of layout configurations for packing the plurality of products into at least one container selected from the one or more containers; selecting a layout configuration from the plurality of layout configurations based at least partially on the rate table, wherein the selected layout configuration minimizes a cost of shipping the plurality of products; working remotely in concert with a remote server to generate a visual illustration of the selected layout configuration; providing the visual illustration as a packing instruction to the user via the user interface, wherein the plurality of products shown in the visual illustration are sorted in an ascending order of face depth in three dimensional projection; and when an online shopper adds, removes or modifies a product in an online shopping cart, updating the plurality of layout configurations for packing an updated plurality of products based on a user input that triggers at least one of the following actions on the user interface: breaking apart items in a container, changing a size of a container, altering a dimensional weight associated with a container, or adding a condition for packing the updated plurality of products, updating the selected layout configuration based on the updated plurality of layout configurations, generating an updated visual illustration based on the updated layout configuration, and providing the updated visual illustration as an updated packing instruction, and which is an idea of method and system for optimizing and vascularizing and managing shipment of products by obtaining and determining a request for packing and ranking the products based on weight information and dimension information to generate ranking list and based on the ranking list a layout configurations is selected and a rate table that has shipping rate information, and generating an updated visual illustration for a layout of the packages and provide the updated visual illustration.
When taken as a whole, the claims are not rendered obvious as the available prior art does not suggest or otherwise render obvious the noted features nor does the available prior art suggest or otherwise render obvious further modification of the evidence at hand. Such modifications would require substantial reconstruction relying solely on improper hindsight bias, and thus would not be obvious.
NPL Reference
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Optimize Packaging Design Size Shipcase and Carton Configure Pallet LayoutLoad Trucks & Containers Build Mixed Pallets” describes “Incorporated in 1990, TOPS Software has been offering software for packaging design, pallet layout, truck loading, cubing, container loading, and cargo load optimization. We currently have over 10,000 worldwide installations, including corporate-wide licenses and automated black box servers for major players in the corrugated, automobile, food and beverage, technology and pharmaceutical sectors. TOPS Pro Packaging Design, Case Sizing and Pallet Layer Optimization Software Right size cases to maximize product on the pallet. Reduce product damage in transit through box compression analysis. Evaluate hundreds of pack-out and palletization scenarios ranked by efficiency. Reduce transportation costs with end-to-end packaging optimization. Create display and point-of-purchase pallets with custom graphics.”.
Pertinent Art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#US8504413B1 teaches similar invention which describes technologies are described herein for generating container plans for multi-item orders. The items of the order are divided into zones, where the zones may determine the picking zone and/or packaging requirements for the item. Zone-based container plans are generated for the items in the order associated with each individual zone. The container plan includes an assignment of each item to one or more logical shipping containers. A mixed container plan is also generated for all the items in the order regardless of the associated zone. If the number of logical shipping containers in the mixed container plan is less than the total number of logical shipping containers in the zone-based container plans, then a final container plan for the order is generated from the mixed container plan. Otherwise, the final container plan is generated by combining the zone-based plans for each zone associated with items in the order.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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