DETAILED ACTION
This is in response to the applicant’s communication filed on 3/31/25, wherein:
Claims 1-10 are currently pending.
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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claim 1 recites a device and therefore, falls into a statutory category. Similar independent claims 9 and 10 recite a method and a computer readable storage medium, and therefore, also fall into a statutory category.
Step 2A – Prong 1 (Is a Judicial Exception Recited?): The following underlined limitations identify the abstract limitations which are considered certain methods of organizing human activity
at least one memory configured to store instructions; and
at least one processor configured to execute the instructions to:
calculate environmental loads regarding an order subject to a negotiation conducted by a first negotiator with a second negotiator; and
generate a proposal regarding the order based on the environmental loads.
These limitations constitute determining information and generating an offer based on the information, which are processes that, under their broadest reasonable interpretation, are considered certain methods of organizing human activity – commercial or legal interactions (including agreements in the form of contracts and marketing or sales activities or behaviors) and/or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). Accordingly, claims 1, 9, and 10 recite an abstract idea.
Step 2A-Prong 2 (Is the Exception Integrated into a Practical Application?): This judicial exception is not integrated into a practical application. In particular, claim 1 recites the additional elements of a memory and a processor, claim 9 recites a computer (in the preamble), and claim 10 recites a non-transitory storage medium, all of which are considered computer components. The computer components are recited at a high-level of generality (i.e., as a generic processing device performing generic computer functions), such that they amount to no more than mere instructions to apply the exception using a generic computer component. Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea when considered both individually and as a whole. Claims 1, 9, and 10 are directed to an abstract idea.
Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application, and claims 1, 9, and 10 are directed to the judicial exception.
Step 2B (Does the claim recite additional elements that amount to Significantly More than the Judicial Exception?): The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer to perform the steps of the abstract idea amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Claims 1, 9, and 10 are not patent eligible, as when viewed individually, and as a whole, nothing in the claim adds significantly more to the abstract idea.
Dependent claims 2-8 merely recite further embellishments of the abstract idea of independent claim 1 as discussed above with respect to integration of the abstract idea into a practical application, and these features only serve to further limit the abstract idea of independent claim 1; however, none of the dependent claims recite an improvement to a technology or technical field or provide any meaningful limits.
In light of the detailed explanation and evidence provided above, the Examiner asserts that the claimed invention, when the limitations are considered individually and as whole, is directed towards an abstract idea.
Notice
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 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khoury (US 20230015284).
Referring to claim 1:
Khoury discloses a negotiation device comprising: at least one memory configured to store instructions; and at least one processor configured to execute the instructions to {Khoury [0007][0016][0030][0191]; An electronic device that provides recommendation information is described. This electronic device includes: an interface circuit, a processor, and memory storing program instructions [0007]}:
calculate environmental loads regarding an order subject to a negotiation conducted by a first negotiator with a second negotiator {Khoury [0038] [0041]; computer system 130 may dynamically compute the carbon footprint associated with single type of transportation based at least in part on the environmental factors, personal factors and/or the itinerary information [0041] where the user’s desired itinerary is the order and the user and the computer system 130 are the negotiators}; and
generate a proposal regarding the order based on the environmental loads {Khoury [0045]-[0047]; computer system 130 may dynamically compute or select an itinerary recommendation based at least in part on the environmental factors, the itinerary information, and/or the personal information [0045] and After receiving the recommendation information, electronic device 110-1 may present the recommendation information to the individual in a user interface [0047]}.
Referring to claim 2:
Khoury discloses wherein the at least one processor is configured to execute the instructions to identify, based on component information regarding components and environmental load information regarding the environmental loads of the components, environmental loads for respective components constituting products subject to the order, and calculate the environmental loads regarding the order based on a sum of the environmental loads for the respective components {Khoury [0040] [0041]; computer system 130 may compare an itinerary that includes a non-stop flight between the origin and destination with an itinerary that includes a flight into a nearby airport and subsequent driving to the destination. The emissions of the air routes in both itineraries may be calculated similarly, but in the case of the second itinerary there would be the emissions from the driving leg [0041]}.
Referring to claim 3:
Khoury discloses wherein the at least one processor is configured to further execute the instructions to notify the second negotiator of the proposal with an indication of an index value indicating the environmental loads {Khoury [0038]; These capabilities may help individuals choose suitable itineraries by determining and/or estimating CO2 equivalent emissions for various types of travel options [0038]}.
Referring to claim 4:
Khoury discloses wherein the proposal includes terms and conditions specifying a transportation means, and wherein the at least one processor is configured to execute the instructions to calculate the environmental loads in accordance with the transportation means {Khoury [0038][0041] [0045]-[0047]; For example, computer system 130 may compare an itinerary that includes a non-stop flight between the origin and destination with an itinerary that includes a flight into a nearby airport and subsequent driving to the destination [0041]}.
Referring to claim 5:
Khoury discloses wherein the at least one processor is configured to execute the instructions to, upon receiving an alternative proposal other than the proposal from the second negotiator, determine whether or not to agree on the alternative proposal based on environmental loads regarding the alternative proposal {Khoury [0045]; computer system 130 may dynamically compute or select an itinerary recommendation based at least in part on the environmental factors, the itinerary information, and/or the personal information [0045]}.
Referring to claim 6:
Khoury discloses wherein the at least one processor is configured to execute the instructions to calculate the environmental loads regarding the alternative proposal and determine whether or not to agree on the alternative proposal based on the calculated environmental loads regarding the alternative proposal {Khoury [0040][0041][0045]-[0047]; computer system 130 may compare an itinerary that includes a non-stop flight between the origin and destination with an itinerary that includes a flight into a nearby airport and subsequent driving to the destination. The emissions of the air routes in both itineraries may be calculated similarly, but in the case of the second itinerary there would be the emissions from the driving leg [0041]}.
Referring to claim 7:
Khoury discloses wherein the at least one processor is configured to execute the instructions to calculate utilities of respective proposals regarding the order based on environmental loads of the respective proposals, and select, based on the utilities, the proposal for notifying the second negotiator from the respective proposals {Khoury [0048][0060][0071][0130]; In some embodiments, computer system 130 may present different itinerary recommendations in list form. . . For example, computer system 130 may include in the list one option that is the cheapest, one option that has the least emissions, one option that is shortest, one option that leaves early in the day, and one option that leaves late in the day [0048] where the at least the cost is considered a factor in utility, in accordance with Applicant’s Specification ¶68}.
Referring to claim 8:
Khoury discloses wherein the at least one processor is configured to execute the instructions to, if a degree of the environmental loads of the proposal is higher than a threshold value, exclude the proposal from a target of notification to the second negotiator {Khoury [0156]; If the user wants to ensure that their itineraries meet a certain carbon footprint, they can drag a slider on the colored range that indicates CO.sub.2 emissions and flights releasing more CO.sub.2 may either disappear or may be deemphasized [0156]}.
Referring to claim 9:
Claim 9 is similar to claim 1 and is rejected on a similar basis.
Referring to claim 10:
Claim 10 is similar to claim 1 and is rejected on a similar basis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARRIE S GILKEY whose telephone number is (571)270-7119. The examiner can normally be reached Monday-Thursday 7:30-4:30 CT and Friday 7:30-12 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached on 571-270-3445. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARRIE S GILKEY/Primary Examiner, Art Unit 3626