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 .
Status of Claims
This action is in reply to the communications filed on March 6, 2025, and April 1, 2025. The applicant’s claim for benefit of application 17747409, filed May 18, 2022, has been received and acknowledged.
The preliminary amendment filed April 1, 2025, has been received and entered.
Claims 1-20 are currently pending and have been examined.
Examiner’s Note: The Examiner notes that claims 1-20, as currently recited, do not recite any of the judicial exceptions enumerated in the MPEP and thus are patent eligible under 35 USC 101.
In the event the claims are amended, they will be subject to further examination.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Double Patenting
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 1, 3, 5-6, 11, 13, 15-16, 18, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-7, 10, 13-16, and 18-20 of U.S. Patent No. 12,271,935 B2 (hereinafter “the ‘935 patent”).
Although the claims at issue are not identical, they are not patentably distinct from each other because the processes performed by the systems and methods of the instant application would necessarily be performed by the systems and methods of the ‘935 patent.
For example, independent claim 1 in the instant application recites a method comprising:
receiving, by an electronic marketplace and from an inventory engine, an identification of an object to be sold on the electronic marketplace, wherein the electronic marketplace is operated through an app on a mobile device or a website;
providing, by the electronic marketplace, a set of similar items identified from the electronic marketplace that are similar to the object to be sold;
providing, by the electronic marketplace, a price for each of at least a subset of the set of similar items that have sold through the electronic marketplace receiving, by the electronic marketplace and from the inventory engine, a listing for the object to be sold; and
displaying, by the electronic marketplace and based on the listing for the object to be sold, a listed object for sale and a price for the listed object, wherein the price of the listed object is determined based on the price for each of at least the subset of the set of similar items that have sold through the electronic marketplace.
For example, independent claim 1 of the ‘935 patent recites (with emphasis on limitations that read on the limitations in claim 1 of the instant application) a method comprising:
monitoring, by a plugin that operates as a part of a web browser on a mobile device and in communication with an inventory engine, a user's activity by a user on a retailer website being viewed in the web browser on the mobile device, wherein the plugin is configured to receive information about the user's activity on the retailer website from the web browser;
generating, by the plugin, a purchase history page, wherein the purchase history page includes purchase history information provided by the retailer website about one or more previous items that were viewed or purchased by the user from the retailer website;
displaying, by the plugin, a resell icon next to a purchased object listed in the purchase history page in the web browser that is eligible for resale through an electronic marketplace;
receiving, by the inventory engine operated by a processor and coupled to and in communication with the electronic marketplace, a notification of selection of the resell icon by the user via the plugin;
retrieving, by the inventory engine, the purchase history information from the purchase history page;
identifying, by the inventory engine, based on the retrieved purchase history information, the purchased object displayed next to the resell icon;
identifying, by the inventory engine, a set of items from the electronic marketplace that are similar to the purchased object;
determining, by the inventory engine, a price for each of at least a subset of the set of similar items that have been sold on the electronic marketplace;
generating, by the inventory engine, a sale price for the purchased object based on the determined prices for the subset of similar items; and
providing, by the inventory engine, the sale price to the user via a notification on the purchase history page.
Claim 1 of the ‘935 patent differs from claim 1 of the instant application in that it further recites monitoring, by a plugin that operates as a part of a web browser on a mobile device and in communication with an inventory engine, a user's activity by a user on a retailer website being viewed in the web browser on the mobile device, wherein the plugin is configured to receive information about the user's activity on the retailer website from the web browser; generating, by the plugin, a purchase history page, wherein the purchase history page includes purchase history information provided by the retailer website about one or more previous items that were viewed or purchased by the user from the retailer website; displaying, by the plugin, a resell icon next to a purchased object listed in the purchase history page in the web browser that is eligible for resale through an electronic marketplace; and receiving, by the inventory engine operated by a processor and coupled to and in communication with the electronic marketplace, a notification of selection of the resell icon by the user via the plugin.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of the ‘935 patent by removing the above limitations and resulting generally in the claims of the instant application since the claims of the instant application and the claims of the ‘935 patent perform similar functions.
Claims 11 and 18 of the instant application recite a system and a non-transitory computer readable medium reciting similar limitations and are similarly rejected over claims 10 and 16 of the ‘935 patent.
With regard to claim 3 of the instant application, claim 3 recites wherein the displaying the listed object for sale comprises displaying, by the electronic marketplace, one or more images and one or more features for the listed object for sale. Claims 13 and 20 of the instant application recite similar limitations. Claims 5, 13, and 18 of the ‘935 patent also recite these limitations.
With regard to claim 5 of the instant application, claim 5 recites wherein the one or more features include at least a model and a manufacturer of the listed object for sale. Claim 15 of the instant application recites similar limitations. Claims 6, 14, and 19 of the ‘935 patent also recite these limitations.
With regard to claim 6 of the instant application, claim 6 recites wherein an item of the subset of the set of similar items has a same model and a same manufacturer as the listed object for sale. Claim 16 of the instant application recites similar limitations. Claims 7, 15, and 20 of the ‘935 patent also recite these limitations.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 7, and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4 and 14: Claim 4 recites “wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, pictures of a model number, manufacturer name, serial number, receipt, or other identifying information.” This limitation is unclear. It is unclear if the listed items are intended to be separated by an “and” or an “or.” It is further unclear where the “and” or “or” should go. For example, claim 4 may be interpreted as:
wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, AND/OR pictures of a model number, manufacturer name, serial number, receipt, or other identifying information
wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, pictures of a model number, manufacturer name, serial number, receipt, AND/OR other identifying information
wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, OR pictures of a model number, manufacturer name, serial number, receipt, OR other identifying information
For purposes of examination, the Examiner is interpreting claim 4 as reciting “wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, OR pictures of a model number, manufacturer name, serial number, receipt, OR other identifying information.”
Claim 14 is rejected for similar reasons.
Claim 7: Claim 7 recites “tracking, by the electronic marketplace, how long the listed object for sale has been listed on the electronic marketplace, a pricing history of the listed object for sale between a time the listed object for sale is listed and a time the listed object for sale is sold, geographic locations of sales and purchase.” This limitation is unclear. It is unclear if the listed items are intended to be separated by an “and” or an “or.” For purposes of examination, the Examiner is interpreting this portion of claim 7 as reciting “tracking, by the electronic marketplace, how long the listed object for sale has been listed on the electronic marketplace, a pricing history of the listed object for sale between a time the listed object for sale is listed and a time the listed object for sale is sold, OR geographic locations of sales and purchase.”
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7-8, 10-13, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0124635 A1 to Shao (hereinafter “Shao”), in view of US 2017/0116619 A1 to Hawkins et al. (hereinafter “Hawkins”).
Claims 1, 11, and 18: Shao discloses a “system and method for automatically generating a listing database in an online marketplace” that “can store resale information associated with a purchased item by a user.” (See Shao, at least Abstract). Shao further discloses an inventory engine (See Shao, at least para. [0026], server includes item database, listing database, and listing generator; para. [0044], inventory management module is a hardware-implemented module that facilitates maintaining the listing database); and an electronic marketplace (See Shao, at least para. [0045], listing generation module is a hardware-implemented module that facilitates the automatic generation of a listing on the online marketplace) operated through an app on a mobile device or a website (See Shao, at least para. [0024], each user device may include one or more applications (also referred to as “apps”) such as an e-commerce site application (also referred to as a marketplace application)).
Shao further discloses:
receiving, by an electronic marketplace and from an inventory engine, an identification of an object to be sold on the electronic marketplace, wherein the electronic marketplace is operated through an app on a mobile device or a website (See Shao, at least para. [0026], server includes item database, listing database, and listing generator; para. [0044], inventory management module is a hardware-implemented module that facilitates maintaining the listing database; para. [0045], listing generation module is a hardware-implemented module that facilitates the automatic generation of a listing on the online marketplace; para. [0024], each user device may include one or more applications (also referred to as “apps”) such as an e-commerce site application (also referred to as a marketplace application; FIG. 3 and associated text; para. [0050], home screen includes listing database interface button (referred to as the Treasure Box) that displays a list of previously purchased items; the listing database interface includes or refers to one or more of the purchased items; FIG. 4 and associated text; para. [0053], listing database interface includes purchase information about a first purchased item; para. [0056], listing database interface includes a sell now button to sell the purchased item on the online marketplace; FIG. 7 and associated text; para. [0084], listing generator receives an indication by user input to generate a sale listing for the purchased item));
providing, by the electronic marketplace, a set of similar items identified from the electronic marketplace that are similar to the object to be sold (See Shao, at least para. [0078], item information for the purchased item is accessed based on the item identifier; item information and product information of currently listed items on the online marketplace that are similar to the purchase item, i.e., other specimens of the same product);
providing, by the electronic marketplace, a price for each of at least a subset of the set of similar items that have sold through the electronic marketplace (See Shao, at least FIG. 5 and associated text, items 542 and 544; para. [0062], sale price interface includes a number of calculated prices based on historical price data for similar items to the purchased item; similar items can be other specimens of the same product; for example, the sale price interface 510 can include a first estimated price range 520 when the purchased item is new, and a second estimated price range 530 when the purchased item is used; para, [0063], sale price interface includes a price trend graph of recent sales for similar items to the purchased item over a predetermined amount of time; price trend graph includes the sale history for a ‘new’ purchased item 542 and a ‘used’ purchased item 544);
receiving, by the electronic marketplace and from the inventory engine, a listing for the object to be sold (See Shao, at least para. [0087], listing generator generates a sale listing for the purchased item to post on the online marketplace); and
displaying, by the electronic marketplace and based on the listing for the object to be sold, a listed object for sale…, wherein the price of the listed object is determined based on the price for each of at least the subset of the set of similar items that have sold through the electronic marketplace (See Shao, at least para. [0087], listing generator generates a sale listing for the purchased item to post on the online marketplace; para. [0062], sale price interface includes a number of calculated prices based on historical price data for similar items to the purchased item; similar items can be other specimens of the same product).
Shao does not expressly disclose displaying, by the electronic marketplace and based on the listing for the object to be sold,…a price for the listed object.
However, Hawkins discloses a “system and method [to] retrieve a robust customer profile of a user accessing a website and generate a custom webpage that include in a first area graphical user interface elements and objects representative of products owned by a first entity having stored attributes that correlate with attributes of the user stored in the robust customer profile. A state of a secondary market is determined and the custom webpage is generated to include in a second area graphical user interface elements and objects representative of items owned by a second entity in the secondary market that correlate with the products in the first area.” (See Hawkins, at least Abstract). Hawkins further discloses displaying, by the electronic marketplace and based on the listing for the object to be sold,…a price for the listed object (See Hawkins, at least para. [0031], market listing area provides listings for individual products that are listed on the market; for each listing, an image element 230a-g for the product may be displayed along with relevant information for the product listing, including a product name element 232a, providing the product name, a listing price element 234a, providing the listing price, and a seller ID element 231a, providing the seller's name, on-line handle (e.g., “fashionista22”) or identification number; purchaser 110b visiting the website may be able to select the product image element 230a or the relevant information (i.e., the product name element 232a, listing price element 234a, or seller ID element 231). The product image element 230a, product name element 232a, and listing price element 234a, when selected by the customer 110, may direct the purchaser 110b to a more detailed product listing page, or add the product listing to the purchaser's virtual shopping cart).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the marketplace system and method of Shao the ability of displaying, by the electronic marketplace and based on the listing for the object to be sold,…a price for the listed object as disclosed by Hawkins since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide secondary markets to “allow a customer to off-load or sell certain items.” (See Hawkins, at least para. [0002]).
Claims 11 and 18 are rejected for similar reasons.
Claims 2, 12, and 19: The combination of Shao and Hawkins discloses all the limitations of claims 1, 11, and 18 discussed above.
Shao further discloses wherein the identification of the object to be sold comprises an image of the object to be sold, an e-mail receipt, or an indication of a purchased object listed on a website of a retailer (See Shao, at least para. [0070], item information data includes data identifying the purchased item including image, quantity, size, type, price).
Claims 12 and 19 are rejected for similar reasons.
Claims 3, 13, and 20: The combination of Shao and Hawkins discloses all the limitations of claims 1, 11, and 18 discussed above.
Shao does not expressly disclose wherein the displaying the listed object for sale comprises displaying, by the electronic marketplace, one or more images and one or more features for the listed object for sale.
However, Hawkins discloses wherein the displaying the listed object for sale comprises displaying, by the electronic marketplace, one or more images and one or more features for the listed object for sale (See Hawkins, at least para. [0031], market listing area provides listings for individual products that are listed on the market; for each listing, an image element 230a-g for the product may be displayed along with relevant information for the product listing, including a product name element 232a, providing the product name, a listing price element 234a, providing the listing price, and a seller ID element 231a, providing the seller's name, on-line handle (e.g., “fashionista22”) or identification number; purchaser 110b visiting the website may be able to select the product image element 230a or the relevant information (i.e., the product name element 232a, listing price element 234a, or seller ID element 231). The product image element 230a, product name element 232a, and listing price element 234a, when selected by the customer 110, may direct the purchaser 110b to a more detailed product listing page, or add the product listing to the purchaser's virtual shopping cart).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the marketplace system and method of Shao the ability wherein the displaying the listed object for sale comprises displaying, by the electronic marketplace, one or more images and one or more features for the listed object for sale as disclosed by Hawkins since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide secondary markets to “allow a customer to off-load or sell certain items.” (See Hawkins, at least para. [0002]).
Claims 13 and 20 are rejected for similar reasons.
Claim 7: The combination of Shao and Hawkins discloses all the limitations of claim 1 discussed above.
Shao does not expressly disclose tracking, by the electronic marketplace, how long the listed object for sale has been listed on the electronic marketplace, a pricing history of the listed object for sale between a time the listed object for sale is listed and a time the listed object for sale is sold, geographic locations of sales and purchase.
However, Hawkins discloses tracking, by the electronic marketplace, how long the listed object for sale has been listed on the electronic marketplace, a pricing history of the listed object for sale between a time the listed object for sale is listed and a time the listed object for sale is sold, geographic locations of sales and purchase (See Hawkins, at least para. [0046] system may identify products that are listed, or have previously been listed, on the secondary market having similar product details (e.g., size, color and style), and may analyze the associated product listings (e.g., to determine a total number of listings, an average listing duration, an average listing price and an average sale price).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the marketplace system and method of Shao the ability of tracking, by the electronic marketplace, how long the listed object for sale has been listed on the electronic marketplace, a pricing history of the listed object for sale between a time the listed object for sale is listed and a time the listed object for sale is sold, geographic locations of sales and purchase as disclosed by Hawkins since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide secondary markets to “allow a customer to off-load or sell certain items.” (See Hawkins, at least para. [0002]).
Claims 8 and 17: The combination of Shao and Hawkins discloses all the limitations of claims 1 and 11 discussed above.
Shao further discloses displaying, by the electronic marketplace, a sold object, wherein the electronic marketplace is configured to display one or more images for the sold object, features of the sold object, one or more prices of the sold object, and a sale time for the sold object (See Shao, at least FIG. 4 and associated text, items purchased by the user are displayed; each item includes an image of the item, features such as a description of the item or an item number, price the user paid for the item, and the date the item was purchased).
Claim 17 is rejected for similar reasons.
Claim 10: The combination of Shao and Hawkins discloses all the limitations of claim 1 discussed above.
Shao further discloses wherein the price of the listed object is displayed in a market descriptor for display to a user of the object to be sold (See Shao, at least FIG. 5 and associated text, items 542 and 544; para. [0062], sale price interface includes a number of calculated prices based on historical price data for similar items to the purchased item; similar items can be other specimens of the same product; for example, the sale price interface 510 can include a first estimated price range 520 when the purchased item is new, and a second estimated price range 530 when the purchased item is used; para, [0063], sale price interface includes a price trend graph of recent sales for similar items to the purchased item over a predetermined amount of time; price trend graph includes the sale history for a ‘new’ purchased item 542 and a ‘used’ purchased item 544).
Claims 4-6 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Shao in view of Hawkins as applied to claims 3 and 13 above, and further in view of US 2015/0106212 A1 to Hauk (hereinafter “Hauk”).
Claims 4 and 14: The combination of Shao and Hawkins discloses all the limitations of claims 3 and 13 discussed above.
Neither Shao nor Hawkins expressly discloses wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, pictures of a model number, manufacturer name, serial number, receipt, or other identifying information.
However, Hauk discloses a “computerized exchange network [that] makes available on the Internet collected information of items under inspection, such as goods, real estate, or the like. In one aspect, the items and collected information, such as images and videos, are added to a virtual showroom or other virtual inspection site that presents an inventory of such goods, real estate, or the like available from multiple sellers and/or locations. In another aspect, detailed objective information about the items is provided. In another aspect, a data structure includes desired criteria for a desired item and provides an alert when an item of interest matches the desired criteria.” (See Haul, at least Abstract). Hauk further discloses wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, pictures of a model number, manufacturer name, serial number, receipt, or other identifying information (See Hauk, at least FIG. 2 and associated text; paras. [0037]-[0038], item overview component provides a visual summary of the item of interest; item overview component may display images and/or videos of specific portions of the item of interest, such as those depicted in alternate view image thumbnails 206; alternate view image thumbnails 206 shown in FIG. allow users to access additional images and/or videos of the item of interest; alternate view image thumbnails 206 display additional images that depict the item of interest from various angles or depict certain articles that comprise the item of interest. For example, alternate view image thumbnails 206 may depict a vehicle viewed from a side view, a forty-five degree angle view, and the like. Alternate view image thumbnails 206 may also depict a logo, a door handle, a scratch, a dent, and the like).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the marketplace system and method of Shao and the secondary market of Hawkins the ability wherein the one or more images comprise pictures taken from different angles, perspectives, or with different lighting or filters, pictures taken of markings including damage, pictures of a model number, manufacturer name, serial number, receipt, or other identifying information as disclosed by Hauk since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide “an end-to-end solution in which images and other information of a particular object are acquired, processed, stored, and used to create an entry for the object in a virtual showroom…, all with minimal human effort and in a short enough period of time to make a high volume of image and information acquisitions economically feasible.” (See Hauk, at least para. [0028]).
Claim 14 is rejected for similar reasons.
Claims 5 and 15: The combination of Shao and Hawkins discloses all the limitations of claims 3 and 13 discussed above.
Neither Shao nor Hawkins expressly discloses wherein the one or more features include at least a model and a manufacturer of the listed object for sale.
However, Hauk discloses wherein the one or more features include at least a model and a manufacturer of the listed object for sale (See Hauk, at least FIG. 2 and associated text, item 202 is item identifier for 2013 Subaru BRZ; para. [0036], item identifier 202 is text that includes a year of manufacture, a make, and a model of a vehicle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the marketplace system and method of Shao and the secondary market of Hawkins the ability wherein the one or more features include at least a model and a manufacturer of the listed object for sale as disclosed by Hauk since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide “an end-to-end solution in which images and other information of a particular object are acquired, processed, stored, and used to create an entry for the object in a virtual showroom…, all with minimal human effort and in a short enough period of time to make a high volume of image and information acquisitions economically feasible.” (See Hauk, at least para. [0028]).
Claim 15 is rejected for similar reasons.
Claims 6 and 16: The combination of Shao and Hawkins and Hauk discloses all the limitations of claims 5 and 15 discussed above.
Shao further discloses wherein an item of the subset of the set of similar items has a same model and a same manufacturer as the listed object for sale (See Shao, at least para. [0087], listing generator generates a sale listing for the purchased item to post on the online marketplace; para. [0062], sale price interface includes a number of calculated prices based on historical price data for similar items to the purchased item; similar items can be other specimens of the same product).
Claim 16 is rejected for similar reasons.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shao in view of Hawkins as applied to claim 1 above, and further in view of US 10,169,801 B2 to Melcher et al. (hereinafter “Melcher”).
The combination of Shao and Hawkins discloses all the limitations of claim 1 discussed above.
Shao further discloses wherein: the receiving the identification of the object to be sold comprises receiving an image for the object to be sold (See Shao, at least para. [0073], purchase receipt is received from a user device or a vendor server; para. [0075], purchase receipt has an item identifier; para. [0070], item information data includes data identifying the purchased item including image, quantity, size, type, price).
Neither Shao nor Hawkins expressly discloses the providing the set of similar items identified from the electronic marketplace comprises a comparison of the received image for the object to be sold with one or more images of objects from the electronic marketplace to determine the set of similar items without user input or description.
However, Melcher discloses an image gallery including status indicators. (See Melcher, at least Abstract). Melcher further discloses providing the set of similar items identified from the electronic marketplace comprises a comparison of the received image for the object to be sold with one or more images of objects from the electronic marketplace to determine the set of similar items without user input or description (See Melcher, at least FIGS. 2A-2F, 3A-3F and associated text; col.6, lines 38-60, item recognition module 304 is configured to identify the item depicted by the image data; item recognition module compares the image data to a catalog of items that is organized as a matrix of data including a plurality of attributes associated with each item; for example, each item in the catalog may comprise an image, title, subtitle, category, sub-category, related item listings, average price, quantities of the item currently available, templates associated with the items, and any other data that may describe and distinguish the item from other items in the catalog; uploaded image data may be compared against a collection of catalog image data within the catalog to determine one or more similar items).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the marketplace system and method of Shao and the secondary market of Hawkins the ability of providing the set of similar items identified from the electronic marketplace comprises a comparison of the received image for the object to be sold with one or more images of objects from the electronic marketplace to determine the set of similar items without user input or description as disclosed by Melcher since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide a dynamic catalog such that “as new items are listed or become known to the networked system…, the new items will be added to the catalog.” (See Melcher, at least col. 6, lines 38-52).
Conclusion
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/Anne M Georgalas/
Primary Examiner, Art Unit 3689
Prosecution Insights