DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Applicant filed a Preliminary Amendment on 6/20/2025 canceling claims 2-28. Claim 1 is pending.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claim 1 is directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claim 1 recites an abstract idea. Claim 1 includes elements for “preparing an order for a vendor”; “submitting the order to the vendor in response to an event, wherein the event is selected from a confirmation event, a proximity event, and a duration event”.
The limitations above recite an abstract idea. More particularly, the elements above recite mental processes because the elements describe steps that can be practically performed in the mind or by a human using pen and paper. As a result, claim 1 recites an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 1 does not include additional elements that integrate the abstract idea into a practical application. As a result, claim 1 does not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As a result, claim 1 does not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
Therefore, claim 1 is directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claim 1 is rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub.No 2017/0308820 to Amante.
Regarding Claim 1:
A method for pre-arranged ordering from a vendor, the method including steps of (a) preparing an order for a vendor; [0141] and (b) submitting the order to the vendor in response to an event, wherein the event is selected from a confirmation event, a proximity event, and a duration event. [0145]-[0148]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rutao Wu whose telephone number is (571)272-6045. The examiner can normally be reached Mon-Fri 8-5.
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/RUTAO WU/ Supervisory Patent Examiner, Art Unit 3623
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