DETAILED ACTION
This action is in reply to the original application filed on 04/30/2025.
Claims 1-20 are rejected.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
Information Disclosure Statements received 04/30/2025 has been reviewed and considered.
Priority
The current Application claims priority from Patent No. 12,321,022 filed 01/13/2023. Therefore, the instant claims receive the effective filing date of 01/13/2023.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories (see MPEP 2106.03). All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the Subject Matter Eligibility Test, it is determined whether the claims are directed to a judicially recognized exception (see MPEP 2106.04). Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 6 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
-one or more processors; and
-memory encoding instructions that, when executed by the one or more processors, cause the system to perform operations, the operations comprising:
-receiving an order comprising a first product, a second product and a third product;
-using stored retailer and order data, determining the first product and the third product are associated with a first retailer and the second product is associated with a second retailer;
-grouping the first product and the third product in the order into a product group;
-transmitting a first user interface [first data] to a first user device and a second user interface [second data] to a second user device, the first user interface [first data] displaying information about the order including the product group and the second user interface [second data] displaying information about the order including the product group, a status indicator associated with the product group, and the second product;
-receiving, from the first user device, a first user input corresponding to an initiation of production of the first product;
-transmitting a first updated second user interface [second data] to the second user device, the first updated second user interface [second data] displaying a change in a first appearance of the status indicator associated with the product group to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator;
-receiving, from the first user device, a second user input corresponding to a completion of the production of the first product;
-transmitting a second updated second user interface [second data] to the second user device, the second updated second user interface [second data] displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to reflect the production of the product group is partially completed by changing either or both of the color or the weight of the at least the displayed outline of the status indicator;
-receiving, from the first user device, a third user input corresponding to a completion of a production of the third product in the product group; and
-transmitting a third updated second user interface [second data] to the second user device, the third updated second user interface [second data] displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance to reflect the completion of the production of the product group by changing either or both of the color or the weight of at least the displayed outline of the status indicator
The above limitations recite the concept of coordinating processing order. The above limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a).
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations of receiving an order comprising a first product, a second product and a third product; using stored retailer and order data, determining the first product and the third product are associated with a first retailer and the second product is associated with a second retailer; and grouping the first product and the third product in the order into a product group are processes that, under their broadest reasonable interpretation, cover a commercial interaction. For example, “receiving,” “using,” and “grouping” in the context of this claim encompass advertising, and marketing or sales activities.
Similarly, the limitations of memory encoding instructions that, when executed by the one or more processors, cause the system to perform operations, the operations comprising: transmitting a first user interface [first data] to a first user device and a second user interface [second data] to a second user device, the first user interface [first data] displaying information about the order including the product group and the second user interface [second data] displaying information about the order including the product group, a status indicator associated with the product group, and the second product; receiving, from the first user device, a first user input corresponding to an initiation of production of the first product; transmitting a first updated second user interface [second data] to the second user device, the first updated second user interface [second data] displaying a change in a first appearance of the status indicator associated with the product group to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator; receiving, from the first user device, a second user input corresponding to a completion of the production of the first product; transmitting a second updated second user interface [second data] to the second user device, the second updated second user interface [second data] displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to reflect the production of the product group is partially completed by changing either or both of the color or the weight of the at least the displayed outline of the status indicator; receiving, from the first user device, a third user input corresponding to a completion of a production of the third product in the product group; and transmitting a third updated second user interface [second data] to the second user device, the third updated second user interface [second data] displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance to reflect the completion of the production of the product group by changing either or both of the color or the weight of at least the displayed outline of the status indicator are processes that, under their broadest reasonable interpretation, cover a commercial interaction. That is, other than reciting that the operations are performed via one or more processors executing instructions encoded on memory, that transmitting is of a first user interface, that the first user is a first user device, that transmitting is of a second user interface, that the second user is a second user device, that the displaying is by the first user interface, that the displaying is by the second user interface, that the transmitting is of a first updated second user interface, that the displaying is by the first updated second user interface, that the transmitting is of a second updated second user interface, that the displaying is by the second updated second user interface, that the transmitting is of a third updated second user interface, and that the displaying is by the third updated second user interface, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “memory encoding instructions that, when executed by the one or more processors,” “a first user interface,” “a first user device,” “a second user interface,” “a second user device,” “a first updated second user interface,” “a second updated second user interface,” and “a third updated second user interface” language, “perform,” “transmitting,” “receiving,” “transmitting,” “receiving,” “transmitting,” “receiving,” and “transmitting” in the context of this claim encompasses advertising, and marketing or sales activities.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
-one or more processors; and
-memory encoding instructions that, when executed by the one or more processors, cause the system to perform operations, the operations comprising:
-receiving an order comprising a first product, a second product and a third product;
-using stored retailer and order data, determining the first product and the third product are associated with a first retailer and the second product is associated with a second retailer;
-grouping the first product and the third product in the order into a product group;
-transmitting a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the product group and the second user interface displaying information about the order including the product group, a status indicator associated with the product group, and the second product;
-receiving, from the first user device, a first user input corresponding to an initiation of production of the first product;
-transmitting a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the status indicator associated with the product group to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator;
-receiving, from the first user device, a second user input corresponding to a completion of the production of the first product;
-transmitting a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to reflect the production of the product group is partially completed by changing either or both of the color or the weight of the at least the displayed outline of the status indicator;
-receiving, from the first user device, a third user input corresponding to a completion of a production of the third product in the product group; and
-transmitting a third updated second user interface to the second user device, the third updated second user interface displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance to reflect the completion of the production of the product group by changing either or both of the color or the weight of at least the displayed outline of the status indicator
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 6 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea) as supported by paragraph [0025] of Applicant’s specification – “Generally, such devices may include one or more processors, such as a central processing unit (CPU) and/or graphics processing unit (GPU). Such devices may generally perform operations by executing executable instructions (e.g., software) using the processor(s).” Specifically, the additional elements of one or more processors, memory encoding instructions that, when executed by the one or more processors, a first user interface, a first user device, a second user interface, a second user device, a first updated second user interface, a second updated second user interface, and a third updated second user interface are recited at a high-level of generality (i.e. as a generic processor performing the generic computer functions of receiving data, using data, grouping data, and transmitting data) such that they amount do no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of claim 6, taken individually or as a whole, the additional elements of claim 9 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Claim 1 is a method reciting similar functions as claim 6. Examiner notes that claim 1 recites the additional elements of a computer implemented method, a computing device, a first user interface, a first user device, a second user interface, a second user device, a first updated second user interface, and a second updated second user interface, however, claim 1 does not qualify as eligible subject matter for similar reasons as claim 6 indicated above.
Claim 15 is a method reciting similar functions as claim 6. Examiner notes that claim 15 recites the additional elements of a customer device, an assembler device, a first user interface, a first retailer device, a first updated second user interface, a second retailer device, a second updated user interface, and a third updated user interface, however, claim 15 does not qualify as eligible subject matter for similar reasons as claim 6 indicated above.
Therefore, claims 1, 6, and 15 do not provide an inventive concept and do not qualify as eligible subject matter.
Dependent claims 2-5, 7-14, and 16-20, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. § 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 2-5, 7-14, and 16-20 further fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas in that they recite commercial interactions. Dependent claims 4-5, 7, 11, 13-14, and 17-20 do not recite any farther additional elements, and as such are not indicative of integration into a practical application for at least similar reasons discussed above. Dependent claims the second user device, the computing device, a third user interface, a third user device, the first user device, a third updated second user interface, a fourth updated second user interface, a fifth updated second user interface, the user interface, a first user interface, the assembler device, the customer device, and a second user interface, but similar to the analysis under prong two of Step 2A these additional elements are used as a tool to perform the abstract idea. As such, under prong two of Step 2A, claims 2-5, 7-14, and 16-20 are not indicative of integration into a practical application for at least similar reasons as discussed above. Thus, dependent claims 2-5, 7-14, and 16-20 are “directed to” an abstract idea. Next, under Step 2B, similar to the analysis of claims 1, 6, and 15, dependent claims 2-5, 7-14, and 16-20 when analyzed individually and as an ordered combination, merely further define the commonplace business method (i.e. coordinating processing order) being applied on a general-purpose computer and, therefore, do not amount to significantly more than the abstract idea itself. Accordingly, the Examiner concludes that there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,321,978 in view of Siefken et al. (US 2022/0036898 A1).
Claim 1 of the current Application
Claim 1 of Patent No. 12,321,978
receiving, at a computing device, an order comprising a first product and a second product;
transmitting, by the computing device, a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the first product and the second user interface displaying information about the order including the first product, a status indicator associated with the first product, and the second product;
receiving, from the first user device, a first user input corresponding to an initiation of production of the first product;
transmitting, by the computing device, a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the status indicator associated with the first product to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator;
receiving, from the first user device, a second user input corresponding to a completion of the production of the first product; and
transmitting, by the computing device, a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the status indicator associated with the first product to a third appearance to reflect the completion of the production of the first product by changing at least one of the color or the weight of at least the displayed outline of the status indicator
receiving, at a computing device, an order comprising a plurality of products, the plurality of products comprising a first product, a second product, and a third product;
determining, by the computing device using stored retailer and order data, the first product and the third product are associated with a first retailer and the second product is associated with a second retailer;
grouping, by the computing device, the first product and the third product in the order into a product group based on a common characteristic;
transmitting, by the computing device, a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the product group and the second user interface displaying information about the order including the product group, a first status indicator associated with the product group, the second product, and a second status indicator associated with the second product;
receiving, from the first user device, a first user input corresponding to an initiation of production of the first product in the product group;
in response to receiving the first user input, transmitting, by the computing device in real-time, a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the first status indicator associated with the product group to a second appearance to reflect the initiation, wherein the first appearance of the first status indicator is changed to the second appearance by filling in a displayed outline of the first status indicator;
receiving, from the first user device, a second user input corresponding to a completion of the production of the first product;
in response to receiving the second user input, transmitting, by the computing device in real-time, a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the first status indicator associated with the product group to a third appearance that reflects the product group is partially completed by filling in the displayed outline of the first status indicator an increased amount;
receiving, from the first user device, a third user input corresponding to a completion of the production of the third product in the product group;
in response to receiving the third user input, transmitting, by the computing device in real-time, a third updated second user interface to the second user device, the third updated second user interface displaying a change in the third appearance of the first status indicator associated with the product group to a fourth appearance to reflect the completion of the production of the product group by fully filling in the displayed outline of the first status indicator;
receiving, from the second user device, a fourth user input corresponding to an assembly of the order; and
in response to receiving the fourth user input, transmitting, by the computing device in real-time, a third user interface to third user device, the third user interface displaying a notification that the order including the first product, the second product, and the third product is complete
Patent No. 12,321,978 does not explicitly disclose the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator; and displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator.
Stiefken, however, teaches acquiring and processing customer orders (i.e. [0003]), including the known technique of the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec); and
known technique of displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage [i.e. displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec). These known techniques are applicable to the method of Patent No. 12,321,978 as they both share characteristics and capabilities, namely, they are directed to acquiring and processing customer orders.
It would have been recognized that applying the known techniques of the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator; and displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator, as taught by Stiefken, to the teachings of Patent No. 12,321,978 would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modifications of the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator; and displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator, as taught by Stiefken, into the method of Patent No. 12,321,978 would have been recognized by those of ordinary skill in the art as resulting in an improved method that would accelerate food/beverage delivery (Stiefken, abstract).
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 2 of the current application as follows:
Claim 2 of the current Application
Claim 1 of Patent No. 12,321,978
receiving, from the second user device, a third user input corresponding to an assembly of the order; and
transmitting, by the computing device, a third user interface to a third user device, the third user interface displaying a notification that the order including the first product and the second product is complete
receiving, from the second user device, a fourth user input corresponding to an assembly of the order; and
in response to receiving the fourth user input, transmitting, by the computing device in real-time, a third user interface to third user device, the third user interface displaying a notification that the order including the first product, the second product, and the third product is complete
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 2 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 3 of the current application as follows:
Claim 3 of the current Application
Claims 1 and 2 of Patent No. 12,321,978
wherein:
the status indicator is a first status indicator;
the information about the order further comprises a second status indicator associated with the second product; and
the method further comprises:
receiving, from the first user device, a third user input corresponding to an initiation of production of the second product;
transmitting, by the computing device, a third updated second user interface to the second user device, the third updated second user interface displaying a change in a first appearance of the second status indicator associated with the second product to a second appearance to reflect the initiation;
receiving, from the first user device, a fourth user input corresponding to a completion of the production of the second product; and
transmitting, by the computing device, a fourth updated second user interface to the second user device, the fourth updated second user interface displaying a change in the second appearance of the second status indictor associated with the second product to a third appearance to reflect the completion of the production of the second product
1. A computer implemented method comprising:
transmitting, by the computing device, a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the product group and the second user interface displaying information about the order including the product group, a first status indicator associated with the product group, the second product, and a second status indicator associated with the second product;
…
2. The computer implemented method of claim 1, further comprising:
receiving, from a fourth user device, a fifth user input corresponding to an initiation of production of the second product;
in response to receiving the fifth user input, transmitting, by the computing device in real-time, a fourth updated second user interface to the second user device, the fourth updated second user interface displaying a change in a first appearance of the second status indicator associated with the second product to a second appearance to reflect the initiation;
receiving, from the fourth user device, a sixth user input corresponding to a completion of production of the second product; and
in response to receiving the sixth user input, transmitting, by the computing device in real-time, a fifth updated second user interface to the second user device, the fifth updated second user interface displaying a change in the second appearance of the second status indictor associated with the second product to a third appearance to reflect the completion of production of the second product
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,321,978 in view of Govind et al. (US 2020/0065730 A1).
Claim 4 of the current Application
Patent No. 12,321,978
wherein the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product
Patent No. 12,321,978 does not explicitly disclose that the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. an icon indicating a type of product or an origin of the first product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and “in the upper right corner of the illustrated screen, that is, at the top of the second vertical column 106 of icons, the first icon is labeled HAMBURGER. In addition, another second unique feature of the present invention, as can also be seen from FIG. 1, is that adjacent to the FRIED EGG and HAMBURGER icons 104, there is a time period noted, such as, for example, 28 m or 28 minutes [i.e. the status indicator associated with the first product is displayed with an icon]. This time period can designate, for example, the maximum period of time that such items should be allowed to effectively be stored, after they have been cooked or prepared, before being utilized in connection with the preparation of a particular food menu item as ordered by a patron” [0010] and Fig. 1). This known technique is applicable to the method of Patent No. 12,321,978 as they both share characteristics and capabilities, namely, they are directed to preparing orders.
It would have been recognized that applying the known technique of the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product, as taught by Govind, to the teachings of Patent No. 12,321,978 would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product, as taught by Govind, into the method of Patent No. 12,321,978 would have been recognized by those of ordinary skill in the art as resulting in an improved method that would monitor and control a multitude of operations essential to the quick, efficient, and accurate operation (Govind, [0004]).
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,321,978 in view of Govind et al. (US 2020/0065730 A1).
Claim 5 of the current Application
Patent No. 12,321,978
wherein the icon indicates the first product is a beverage product
Patent No. 12,321,978 does not explicitly teach the icon indicating the first product is a beverage product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the icon indicating the first product is a beverage product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. wherein the icon indicates the first product is a beverage product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Patent No. 12,321,978 with Govind for the reasons identified above with respect to claim 4.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,321,978 in view of Siefken et al. (US 2022/0036898 A1).
Claim 6 of the current Application
Claim 7 of Patent No. 12,321,978
one or more processors; and
memory encoding instructions that, when executed by the one or more processors, cause the system to perform operations, the operations comprising:
receiving an order comprising a first product, a second product and a third product;
using stored retailer and order data, determining the first product and the third product are associated with a first retailer and the second product is associated with a second retailer;
grouping the first product and the third product in the order into a product group;
transmitting a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the product group and the second user interface displaying information about the order including the product group, a status indicator associated with the product group, and the second product;
receiving, from the first user device, a first user input corresponding to an initiation of production of the first product;
transmitting a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the status indicator associated with the product group to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator;
receiving, from the first user device, a second user input corresponding to a completion of the production of the first product;
transmitting a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to reflect the production of the product group is partially completed by changing either or both of the color or the weight of the at least the displayed outline of the status indicator;
receiving, from the first user device, a third user input corresponding to a completion of a production of the third product in the product group; and
transmitting a third updated second user interface to the second user device, the third updated second user interface displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance to reflect the completion of the production of the product group by changing either or both of the color or the weight of at least the displayed outline of the status indicator
one or more processors; and
memory encoding instructions which, when executed by the one or more processors of the system, cause the system to perform a method comprising:
receiving an order comprising a first product, a second product and a third product;
using stored retailer and order data, determining the first product and the third product are associated with the first retailer and the second product is associated with the second retailer;
grouping the first product and the third product in the order into a product group based on a common characteristic, the common characteristic comprising at least one of a department of origin within the first retailer, a made to order status, or special holding or handling requirements;
transmitting a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the product group and the second user interface displaying information about the order including the product group, a first status indicator associated with the product group, the second product and a second status indicator associated with the second product;
receiving, from the first user device, a first user input corresponding to an initiation of production of the first product;
in response to receiving the first user input, transmitting a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the first status indicator associated with the product group to a second appearance to reflect the initiation, wherein the first appearance of the first status indicator is changed to the second appearance by filling in a displayed outline of the first status indicator;
receiving, from the first user device, a second user input corresponding to a completion of the production of the first product;
in response to receiving the second user input, transmitting a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the first status indicator associated with the product group to a third appearance to reflect the production of the product group is partially completed by filling in the displayed outline of the first status indicator an increased amount;
receiving, from the first user device, a third user input corresponding to a completion of the production of the third product in the product group;
in response to receiving the third user input, transmitting a third updated second user interface to the second user device, the third updated second user interface displaying a change in the third appearance of the first status indicator associated with the product group to a fourth appearance to reflect the completion of the production of the product group by fully filling in the displayed outline of the first status indicator;
receiving, from the second user device, a fourth user input corresponding to an assembly of the order; and
in response to receiving the fourth user input, transmitting a third user interface to a third user device, the third user interface displaying a notification that the order including the first product, the second product, and the third product is complete
Patent No. 12,321,978 does not explicitly disclose the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator; displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to by changing either or both of the color or the weight of the at least the displayed outline of the status indicator; and displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance by changing either or both of the color or the weight of at least the displayed outline of the status indicator.
Stiefken, however, teaches acquiring and processing customer orders (i.e. [0003]), including the known technique of the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec);
known technique of displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to by changing either or both of the color or the weight of the at least the displayed outline of the status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage [i.e. displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to by changing either or both of the color or the weight of the at least the displayed outline of the status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec); and
known technique of displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance by changing either or both of the color or the weight of at least the displayed outline of the status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage [i.e. displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance by changing either or both of the color or the weight of at least the displayed outline of the status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec). These known techniques are applicable to the system of Patent No. 12,321,978 as they both share characteristics and capabilities, namely, they are directed to acquiring and processing customer orders.
It would have been recognized that applying the known techniques of the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator; displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to by changing either or both of the color or the weight of the at least the displayed outline of the status indicator; and displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance by changing either or both of the color or the weight of at least the displayed outline of the status indicator, as taught by Stiefken, to the teachings of Patent No. 12,321,978 would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar systems. Further, adding the modifications of the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator; displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to by changing either or both of the color or the weight of the at least the displayed outline of the status indicator; and displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance by changing either or both of the color or the weight of at least the displayed outline of the status indicator, as taught by Stiefken, into the system of Patent No. 12,321,978 would have been recognized by those of ordinary skill in the art as resulting in an improved system that would accelerate food/beverage delivery (Stiefken, abstract).
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 7 of the current application as follows:
Claim 7 of the current Application
Claim 5 of Patent No. 12,321,978
wherein the second appearance of the status indicator reflects a percentage of completion of the production of the product group
wherein the second appearance of the first status indicator reflects a percentage completion of the production of the product group
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 7 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 8 of the current application as follows:
Claim 8 of the current Application
Claim 7 of Patent No. 12,321,978
receiving, from the second user device, a fourth user input corresponding to an assembly of the order; and
transmitting a third user interface to a third user device, the third user interface displaying a notification that the order including the first product, the second product, and the third product is complete
receiving, from the second user device, a fourth user input corresponding to an assembly of the order; and
in response to receiving the fourth user input, transmitting a third user interface to a third user device, the third user interface displaying a notification that the order including the first product, the second product, and the third product is complete
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7 and 8 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 7 and 8 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 9 of the current application as follows:
Claim 9 of the current Application
Claims 7 and 8 of Patent No. 12,321,978
the status indicator is a first status indicator;
the information about the order further comprises a second status indicator associated with the second product; and
the operations further comprise:
receiving, from a third user device, a fourth user input corresponding to an initiation of production of the second product;
transmitting a fourth updated second user interface to the second user device, the fourth updated second user interface displaying a change in a first appearance of the second status indicator to a second appearance to reflect the initiation;
receiving, from the third user device, a fifth user input corresponding to a completion of the production of the second product; and
transmitting a fifth updated second user interface to the second user device, the fifth updated second user interface displaying a change in the second appearance of the second status indictor to a third appearance to reflect the completion of the production of the second product
7. A system for coordinating assembly of orders including products originating from at least a first retailer and a second retailer, the system comprising:
…
transmitting a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the product group and the second user interface displaying information about the order including the product group, a first status indicator associated with the product group, the second product and a second status indicator associated with the second product;
8. The system of claim 7, wherein the method performed by the system further comprises:
receiving, from a fourth user device, a fifth user input corresponding to an initiation of production of the second product;
in response to receiving the fourth user input, transmitting a fourth updated second user interface to the second user device, the fourth updated second user interface displaying a change in a first appearance of the second status indicator to a second appearance to reflect the initiation;
receiving, from the fourth user device, a sixth user input corresponding to a completion of production of the second product; and
in response to receiving the sixth user input, transmitting a fifth updated second user interface to the second user device, the fifth updated second user interface displaying a change in the second appearance of the second status indictor to a third appearance to reflect a the completion of production of the second product
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 9 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 10 of the current application as follows:
Claim 10 of the current Application
Claim 9 of Patent No. 12,321,978
wherein the first user device is associated with the first retailer and the third user device is associated with the second retailer
wherein the first user device is associated with the first retailer and the fourth user device is associated with the second retailer
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,321,978 in view of Govind et al. (US 2020/0065730 A1).
Claim 11 of the current Application
Patent No. 12,321,978
wherein the status indicator associated with the second product is displayed with an icon indicating a type of product or an origin of the second product
Patent No. 12,321,978 does not explicitly disclose that the status indicator associated with the second product is displayed with an icon indicating a type of product or an origin of the second product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the status indicator associated with the second product is displayed with an icon indicating a type of product or an origin of the second product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. an icon indicating a type of product or an origin of the second product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and “in the upper right corner of the illustrated screen, that is, at the top of the second vertical column 106 of icons, the first icon is labeled HAMBURGER. In addition, another second unique feature of the present invention, as can also be seen from FIG. 1, is that adjacent to the FRIED EGG and HAMBURGER icons 104, there is a time period noted, such as, for example, 28 m or 28 minutes [i.e. the status indicator associated with the second product is displayed with an icon]. This time period can designate, for example, the maximum period of time that such items should be allowed to effectively be stored, after they have been cooked or prepared, before being utilized in connection with the preparation of a particular food menu item as ordered by a patron” [0010] and Fig. 1). This known technique is applicable to the method of Patent No. 12,321,978 as they both share characteristics and capabilities, namely, they are directed to preparing orders.
It would have been recognized that applying the known technique of the status indicator associated with the second product is displayed with an icon indicating a type of product or an origin of the second product, as taught by Govind, to the teachings of Patent No. 12,321,978 would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of the status indicator associated with the second product is displayed with an icon indicating a type of product or an origin of the second product, as taught by Govind, into the method of Patent No. 12,321,978 would have been recognized by those of ordinary skill in the art as resulting in an improved method that would monitor and control a multitude of operations essential to the quick, efficient, and accurate operation (Govind, [0004]).
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 12 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 12 of the current application as follows:
Claim 12 of the current Application
Claim 12 of Patent No. 12,321,978
wherein the first user device is associated with the first retailer and the second user device is associated with an assembler of the order
12. A computer implemented method comprising:
receiving, from a customer device, an order including a first product and a second product originating from a first retailer and a third product originating from a second retailer;
transmitting, to an assembler device, a first user interface comprising a first status indicator associated with the first product and the second product and a second status indicator associated with the third product, wherein the first status indicator has a first appearance and the second status indicator has a second appearance;
receiving, from a first retailer device associated with the first retailer, a first user input corresponding to a completion of production of the first product;
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 6 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 13 of the current application as follows:
Claim 13 of the current Application
Claim 6 of Patent No. 12,321,978
wherein the first product and the third product are grouped into the product group based on at least one of a department of origin within the first retailer, a made to order status, or a special holding or handling requirement
wherein the common characteristic comprises a department of origin within the first retailer, a made to order status, or special holding or handling requirements
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 11 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 14 of the current application as follows:
Claim 14 of the current Application
Claim 11 of Patent No. 12,321,978
wherein the information about the order includes an estimated time of arrival for a customer placing the order
wherein the information about the order includes an estimated time of arrival for a customer placing the order
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,321,978 in view of Siefken et al. (US 2022/0036898 A1).
Claim 15 of the current Application
Claim 12 of Patent No. 12,321,978
receiving, from a customer device, an order comprising a first product originating from a first retailer and a second product originating from a second retailer;
transmitting, to an assembler device, a first user interface comprising a first status indicator associated with the first product and a second status indicator associated with the second product, the first status indicator having a first appearance and the second status indicator having a second appearance;
receiving, from a first retailer device associated with the first retailer, a first user input corresponding to a completion of a production of the first product;
transmitting, to the assembler device, a first updated user interface that displays an update to the first appearance of the first status indicator to a third appearance to reflect the completion of the production of the first product by changing at least one of a color or a weight of at least a displayed outline of the first status indicator;
receiving, from a second retailer device associated with the second retailer, a second user input corresponding to an initiation of a production of the second product;
transmitting, to the assembler device, a second updated user interface that displays an update to the second appearance of the second status indicator to a fourth appearance to reflect the production of the second product is partially completed by changing at least one of a color or a weight of at least a displayed outline of the second status indicator;
receiving, from the second retailer device associated with the second retailer, a third user input corresponding to a completion of the production of the second product; and
transmitting, to the assembler device, a second updated user interface that displays an update to the fourth appearance of the second status indicator to a fifth appearance to reflect the production of the second product is completed by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator.
receiving, from a customer device, an order including a first product and a second product originating from a first retailer and a third product originating from a second retailer;
transmitting, to an assembler device, a first user interface comprising a first status indicator associated with the first product and the second product and a second status indicator associated with the third product, wherein the first status indicator has a first appearance and the second status indicator has a second appearance;
receiving, from a first retailer device associated with the first retailer, a first user input corresponding to a completion of production of the first product;
based on receiving the first user input, transmitting, to the assembler device, a first updated first user interface that displays an update to the first appearance of the first status indicator to a third appearance to reflect the completion of the production of the product and the second product is partially completed by partially filling in a displayed outline of the first status indicator;
receiving, from a second retailer device associated with the second retailer, a second user input corresponding to a completion of the third product;
based on receiving the second user input, transmitting a second updated first user interface to the assembler device, the second updated first user interface that displays an update to the second appearance of the second status indicator to a fourth appearance to reflect a the completion of production of the third product by fully filling in a displayed outline of the second status indicator;
receiving, from the first retailer device associated with the first retailer, a third user input corresponding to a completion of production of the first product and the second product;
based on receiving the third user input, transmitting to the assembler device, a third updated first user interface that displays an update to the third appearance of the first status indicator to a fifth appearance to reflect the production of the first product and the second product is completed by fully filling in a displayed outline of the first status indicator;
receiving, from the assembler device, a fourth user input corresponding to assembly of the order; and
based on receiving the fourth user input, transmitting to the customer device, a second user interface that includes a notification that the order including the first product, the second product and the third product is complete
12, further comprising:
receiving, from the first retailer device, a fifth user input corresponding to an initiation of production of the first product;
Patent No. 12,321,978 does not explicitly disclose changing at least one of a color or a weight of at least a displayed outline of the first status indicator; update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator; and update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator.
Stiefken, however, teaches acquiring and processing customer orders (i.e. [0003]), including the known technique of changing at least one of a color or a weight of at least a displayed outline of the first status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. changing at least one of a color or a weight of at least a displayed outline of the first status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec);
the known technique of update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec); and
the known technique of update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec). These known techniques are applicable to the method of Patent No. 12,321,978 as they both share characteristics and capabilities, namely, they are directed to acquiring and processing customer orders.
It would have been recognized that applying the known techniques of changing at least one of a color or a weight of at least a displayed outline of the first status indicator; update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator; and update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator, as taught by Stiefken, to the teachings of Patent No. 12,321,978 would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modifications of changing at least one of a color or a weight of at least a displayed outline of the first status indicator; update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator; and update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator, as taught by Stiefken, into the method of Patent No. 12,321,978 would have been recognized by those of ordinary skill in the art as resulting in an improved method that would accelerate food/beverage delivery (Stiefken, abstract).
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 12 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 16 of the current application as follows:
Claim 16 of the current Application
Claim 12 of Patent No. 12,321,978
the user interface is a first user interface; and the method further comprises:
receiving, from the assembler device, a fourth user input corresponding to an assembly of the order; and
transmitting, to the customer device, a second user interface that includes a notification that the order including the first product and the second product is complete
receiving, from the assembler device, a fourth user input corresponding to assembly of the order; and
based on receiving the fourth user input, transmitting to the customer device, a second user interface that includes a notification that the order including the first product, the second product and the third product is complete
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,321,978 in view of Govind et al. (US 2020/0065730 A1).
Claim 17 of the current Application
Patent No. 12,321,978
the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product; and
the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product
Patent No. 12,321,978 does not explicitly disclose the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product; and the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. a first icon indicating a type of product or an origin of the first product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and “in the upper right corner of the illustrated screen, that is, at the top of the second vertical column 106 of icons, the first icon is labeled HAMBURGER. In addition, another second unique feature of the present invention, as can also be seen from FIG. 1, is that adjacent to the FRIED EGG and HAMBURGER icons 104, there is a time period noted, such as, for example, 28 m or 28 minutes [i.e. the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product]. This time period can designate, for example, the maximum period of time that such items should be allowed to effectively be stored, after they have been cooked or prepared, before being utilized in connection with the preparation of a particular food menu item as ordered by a patron” [0010] and Fig. 1); and
the known technique of the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers [i.e. a second icon indicating a type of product or an origin of the second product], lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk, English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and “in the upper right corner of the illustrated screen, that is, at the top of the second vertical column 106 of icons, the first icon is labeled HAMBURGER. In addition, another second unique feature of the present invention, as can also be seen from FIG. 1, is that adjacent to the FRIED EGG and HAMBURGER icons 104, there is a time period noted, such as, for example, 28 m or 28 minutes [i.e. the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product]. This time period can designate, for example, the maximum period of time that such items should be allowed to effectively be stored, after they have been cooked or prepared, before being utilized in connection with the preparation of a particular food menu item as ordered by a patron” [0010] and Fig. 1). These known techniques are applicable to the method of Patent No. 12,321,978 as they both share characteristics and capabilities, namely, they are directed to preparing orders.
It would have been recognized that applying the known techniques of the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product; and the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product, as taught by Govind, to the teachings of Patent No. 12,321,978 would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product; and the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product, as taught by Govind, into the method of Patent No. 12,321,978 would have been recognized by those of ordinary skill in the art as resulting in an improved method that would monitor and control a multitude of operations essential to the quick, efficient, and accurate operation (Govind, [0004]).
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,321,978 in view of Govind et al. (US 2020/0065730 A1).
Claim 18 of the current Application
Claim 15 of Patent No. 12,321,978
wherein the second icon associated with the second product indicates the second product is a food product
wherein the first product is a food or beverage product
Patent No. 12,321,978 does not explicitly teach the second icon associated with the second product indicating the second product is a food product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the second icon associated with the second product indicating the second product is a food product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers [i.e. wherein the second icon associated with the second product indicates the second product is a food product], lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk, English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Patent No. 12,321,978 with Govind for the reasons identified above with respect to claim 17.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,321,978 in view of Govind et al. (US 2020/0065730 A1).
Claim 19 of the current Application
Claim 15 of Patent No. 12,321,978
the first icon associated with the first product indicates the first product originates in a given department; or
the second icon associated with the second product indicates the second product is a beverage product.
wherein the first product is a food or beverage product
Patent No. 12,321,978 does not explicitly teach that the first icon associated with the first product indicates the first product originates in a given department; or the second icon associated with the second product indicates the second product is a beverage product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the first icon associated with the first product indicating the first product originates in a given department; or the second icon associated with the second product indicating the second product is a beverage product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. the second icon associated with the second product indicates the second product is a beverage product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Patent No. 12,321,978 with Govind for the reasons identified above with respect to claim 17.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,321,978. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 of U.S. Patent No. 12,321,978 contains all of the limitations recited in claim 20 of the current application as follows:
Claim 20 of the current Application
Claim 5 of Patent No. 12,321,978
wherein the fourth appearance of the second status indicator reflects a percentage of completion of the production of the second product
wherein the second appearance of the first status indicator reflects a percentage completion of the production of the product group
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.
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.
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.
Claims 1-3, 15-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kandala et al. (US 2016/0140632 A1), hereinafter Kandala, in view of Neumann et al (US 2022/0004985 A1), hereinafter Neumann, in further view of Siefken et al. (US 2022/0036898 A1), hereinafter Siefken. – Examiner has attached a clearer copy of the cited to Figures of Kandala
Regarding claim 1, Kandala discloses a computer implemented method comprising:
-receiving, at a computing device, an order comprising a first product and a second product (Kandala, see at least: “a member (e.g., user) 502 may use a communication device and a mobile application to visit an online mall view and visit one or more merchants accessible there, browse the products available from the merchant online stores, and place an order of product items from the various merchants [i.e. receiving, at a computing device, an order]” [0113] and Fig. 61 displays that order #5678 has two dresses from Banana Republic and a pair of shoes from Nike [i.e. comprising a first product and a second product]);
-transmitting, by the computing device, a second user interface to a second user device, the second user interface displaying information about the order including the first product, a status indicator associated with the first product, and the second product (Kandala, see at least: “FIG. 75 illustrates an example display screen 7500 showing an individual order page listing all the product items in the order and their status, which the “Relay Anchor” [i.e. transmitting, by the computing device, a second user interface to a second user device] can update, or speak with the consumer or “Relay Runner” at any time, in accordance with an example embodiment of the present disclosure” [0149] and “In an example embodiment according to the present invention, the “Relay Anchor” (e.g., “Mall Anchor”) may be the key integrator that supports various functions and manages the “Relay Station.” The “Relay Anchor” uses the “Relay Station” app to manage the orders, consumer and “Runner” communication, and “Relay Station” pickup functions for consumers. In an embodiment of the present disclosure, the “Relay Anchor” consolidates product items for a specific order, scans and uploads receipts, picks and packs product items of an order for pickup or delivery, and keeps the order ready once a “Runner” drops off purchase items for an order [i.e. transmitting, by the computing device, a second user interface to a second user device]” [0108] and Fig. 75 displays a status of the ‘factory print wrap’ and ‘factory safari dress’ from Banana Republic and a status of ‘zoom vapor’ from Nike [i.e. the second user interface displaying information about the order including the first product, a status indicator associated with the first product, and the second product]);
-receiving a first user input corresponding to an initiation of the first product (Kandala, see at least: “when a consumer places an order using the “Relay” app on their mobile device, the submitted order is dispatched by the system of the present disclosure to a crowd-sourced “Runner” nearest the shopping mall selected by the consumer that placed the order. To participate as a “Runner,” an individual may agree to certain conditions, including a “service level agreement” specifying the speed with which the “Runner” will complete the shopping tasks assigned to him/her (e.g., a 5 minute SLA). When a ‘Runner’ accepts the order [i.e. receiving a first user input corresponding to an initiation of the first product], the consumer that placed the order is notified so that the consumer may ‘follow the runner’ to get real-time order completion details” [0104] and Fig. 75 displays a status of the ‘factory print wrap’ from Banana Republic as ‘Running’ [i.e. corresponding to an initiation of the first product]);
-transmitting, by the computing device, a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the status indicator associated with the first product to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing the status indicator (Kandala, see at least: “when a consumer places an order using the “Relay” app on their mobile device, the submitted order is dispatched by the system of the present disclosure to a crowd-sourced “Runner” nearest the shopping mall selected by the consumer that placed the order. To participate as a “Runner,” an individual may agree to certain conditions, including a “service level agreement” specifying the speed with which the “Runner” will complete the shopping tasks assigned to him/her (e.g., a 5 minute SLA). When a ‘Runner’ accepts the order, the consumer that placed the order is notified so that the consumer may ‘follow the runner’ to get real-time order completion details” [0104] and Fig. 75 displays a status of the ‘factory print wrap’ from Banana Republic as ‘Running’ marked with a check mark [i.e. transmitting, by the computing device, a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the status indicator associated with the first product to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing the status indicator]);
-receiving a second user input corresponding to a completion of the first product (Kandala, see at least: “FIGS. 63-64 illustrate example mobile device screens 6300, 6400 that enable a “Relay Runner”, following selection of a product, to view the product details along with any special instructions, to call the consumer for more details, and to mark the item as “Picked up,” following checkout from store [i.e. receiving a second user input corresponding to a completion of the first product], upon which the product is move to the bottom of the list, in accordance with an example embodiment of the present disclosure” [0143] and Fig. 75 displays a status of the ‘factory print wrap’ from Banana Republic as ‘Picked Up by the Runner’ [i.e. corresponding to a completion of the first product]); and
-transmitting, by the computing device, a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the status indicator associated with the first product to a third appearance to reflect the completion of the first product by changing the status indicator (Kandala, see at least: “FIGS. 63-64 illustrate example mobile device screens 6300, 6400 that enable a “Relay Runner”, following selection of a product, to view the product details along with any special instructions, to call the consumer for more details, and to mark the item as “Picked up,” following checkout from store, upon which the product is move to the bottom of the list, in accordance with an example embodiment of the present disclosure” [0143] and Fig. 75 displays a status of the ‘factory safari dress’ from Banana Republic as ‘Picked Up by the Runner’ [i.e. transmitting, by the computing device, a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the status indicator associated with the first product to a third appearance to reflect the completion of the first product by changing the status indicator]).
Kandala does not explicitly teach transmitting, by the computing device, a first user interface to a first user device and the first user interface displaying information about the order including the first product; receiving, from the first user device, a first user input corresponding to an initiation of production of the first product; receiving, from the first user device, a second user input corresponding to a completion of the production of the first product; and completion being completion of the production.
Neumann, however, teaches coordinating orders (i.e. abstract), including the known technique of transmitting, by the computing device, a first user interface to a first user device and the first user interface displaying information about the order including the first product (Neumann, see at least: “An order placement event may occur when an order is received at an alimentary provider device [i.e. the first user interface displaying information about the order including the first product]. In some embodiments, alimentary provider may acknowledge receipt of an order by transmitting a confirmation, which may trigger an order confirmation event. Order confirmation may signal that preparation of an order has begun by an alimentary provider 304 a-c” [0025] and “Events in a timeline may be tracked via transmission between a server system and a client device 108 associated with one or more runners, couriers 312, alimentary providers 304 a-c, and/or users 320 a-c … client devices 108 associated alimentary providers may be referred to as “alimentary provider devices,” [i.e. transmitting, by the computing device, a first user interface to a first user device]” [0024]);
the known technique of receiving, from the first user device, a first user input corresponding to an initiation of production of the first product (Neumann, see at least: “An order placement event may occur when an order is received at an alimentary provider device. In some embodiments, alimentary provider may acknowledge receipt of an order by transmitting a confirmation [i.e. receiving, from the first user device, a first user input], which may trigger an order confirmation event. Order confirmation may signal that preparation of an order has begun [i.e. corresponding to an initiation of production of the first product] by an alimentary provider 304 a-c” [0025] and “Events in a timeline may be tracked via transmission between a server system and a client device 108 associated with one or more runners, couriers 312, alimentary providers 304 a-c, and/or users 320 a-c … client devices 108 associated alimentary providers may be referred to as “alimentary provider devices,” [i.e. from the first user device]” [0024]);
the known technique of receiving, from the first user device, a second user input corresponding to a completion of the production of the first product (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. a second user input corresponding to a completion of the production of the first product]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104 [i.e. receiving, from the first user device]” [0025]); and
the known technique of completion of the production (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. completion of the production]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104” [0025]). These known techniques are applicable to the method of Kandala as they both share characteristics and capabilities, namely, they are directed to coordinating orders.
It would have been recognized that applying the known techniques of transmitting, by the computing device, a first user interface to a first user device and the first user interface displaying information about the order including the first product; receiving, from the first user device, a first user input corresponding to an initiation of production of the first product; receiving, from the first user device, a second user input corresponding to a completion of the production of the first product; and completion being completion of the production, as taught by Neumann, to the teachings of Kandala would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modifications of transmitting, by the computing device, a first user interface to a first user device and the first user interface displaying information about the order including the first product; receiving, from the first user device, a first user input corresponding to an initiation of production of the first product; receiving, from the first user device, a second user input corresponding to a completion of the production of the first product; and completion being completion of the production, as taught by Neumann, into the method of Kandala would have been recognized by those of ordinary skill in the art as resulting in an improved method that would optimize parings of routes with couriers (Neumann, [0022]).
Kandala in view of Neumann does not explicitly teach the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator; and displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator
Stiefken, however, teaches acquiring and processing customer orders (i.e. [0003]), including the known technique of the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec); and
known technique of displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage [i.e. displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec). These known techniques are applicable to the method of Kandala in view of Neumann as they both share characteristics and capabilities, namely, they are directed to acquiring and processing customer orders.
It would have been recognized that applying the known techniques of the first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator; and displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator, as taught by Stiefken, to the teachings of Kandala in view of Neumann would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modifications ofthe first appearance of the status indicator is changed to the second appearance by changing at least one of a color or a weight of at least a displayed outline of the status indicator; and displaying a change in the second appearance of the status indicator associated to a third appearance by changing at least one of the color or the weight of at least the displayed outline of the status indicator, as taught by Stiefken, into the method of Kandala in view of Neumann would have been recognized by those of ordinary skill in the art as resulting in an improved method that would accelerate food/beverage delivery (Stiefken, abstract).
Regarding claim 2, the combination of Kandala/Neumann/Stiefken teach the method of claim 1. Kandala further discloses:
-receiving, from the second user device, a third user input corresponding to an assembly of the order (Kandala, see at least: “The system platform of FIG. 5 then sends the order to an e-commerce engine (WCS) 506, that may provide support for catalog, order management, returns, refund management, and payments processing, and to a mobile application of an individual acting as a “Relay Anchor” managing a collection point or “Relay Station” at which user orders may be assembled [i.e. corresponding to an assembly of the order] for delivery or pickup … The products of the user order purchased by the runner may then dropped off by the runner at a merchandise pick up (MPU) location 516, and the mobile application (e.g., “Anchor app”) of the “Relay Anchor” 510 is then updated on the status of the user order [i.e. receiving, from the second user device, a third user input]” [0113]); and
-transmitting, by the computing device, a third user interface to a third user device, the third user interface displaying a notification that the order including the first product and the second product is complete (Kandala, see at least: “The mobile application of the “Relay Anchor” 510 may then send an update of the order status to the platform 504 indicating that the user order is ready for pickup, and the platform 504 may then send a message (e.g., an email or text) to the member (e.g., user) 502 that their order is ready to be picked up [i.e. transmitting, by the computing device, a third user interface to a third user device, the third user interface displaying a notification that the order including the first product and the second product is complete]” [0113]).
Regarding claim 3, the combination of Kandala/Neumann/Stiefken teach the method of claim 1. Kandala further discloses:
-the status indicator is a first status indicator (Kandala, see at least: Fig. 75 displays a status indicator line in the row of the ‘factory print wrap’ from Banana Republic [i.e. the status indicator is a first status indicator]);
-the information about the order further comprises a second status indicator associated with the second product (Kandala, see at least: Fig. 75 displays a status indicator line in the row of the ‘zoom vapor’ shoes from Nike [i.e. the information about the order further comprises a second status indicator associated with the second product]); and
-the method further comprises:
-receiving a third user input corresponding to an initiation of the second product (Kandala, see at least: “when a consumer places an order using the “Relay” app on their mobile device, the submitted order is dispatched by the system of the present disclosure to a crowd-sourced “Runner” nearest the shopping mall selected by the consumer that placed the order. To participate as a “Runner,” an individual may agree to certain conditions, including a “service level agreement” specifying the speed with which the “Runner” will complete the shopping tasks assigned to him/her (e.g., a 5 minute SLA). When a ‘Runner’ accepts the order [i.e. receiving a third user input corresponding to an initiation of the second product], the consumer that placed the order is notified so that the consumer may ‘follow the runner’ to get real-time order completion details” [0104] and Fig. 75 displays a status of the ‘zoom vapor’ shoes from Nike as ‘Running’ [i.e. corresponding to an initiation of the second product]);
-transmitting, by the computing device, a third updated second user interface to the second user device, the third updated second user interface displaying a change in a first appearance of the second status indicator associated with the second product to a second appearance to reflect the initiation (Kandala, see at least: “FIGS. 63-64 illustrate example mobile device screens 6300, 6400 that enable a “Relay Runner” [i.e. transmitting, by the computing device, a third updated second user interface to the second user device], following selection of a product, to view the product details along with any special instructions, to call the consumer for more details, and to mark the item as “Picked up,” following checkout from store, upon which the product is move to the bottom of the list, in accordance with an example embodiment of the present disclosure” [0143] and Fig. 75 displays a status of the ‘zoom vapor’ from Nike being updated to have a check mark by ‘running’ [i.e. the third updated second user interface displaying a change in a first appearance of the second status indicator associated with the second product to a second appearance to reflect the initiation]);
-receiving a fourth user input corresponding to a completion of the second product (Kandala, see at least: “FIG. 75 illustrates an example display screen 7500 showing an individual order page listing all the product items in the order and their status, which the “Relay Anchor” can update [i.e. receiving a fourth user input], or speak with the consumer or “Relay Runner” at any time, in accordance with an example embodiment of the present disclosure” [0149] and Fig. 75 displays a status of the ‘zoom vapor’ from Nike being updated from ‘Picked Up by the Runner’ to ‘at station’ [i.e. receiving a fourth user input corresponding to a completion of the second product]); and
-transmitting, by the computing device, a fourth updated second user interface to the second user device, the fourth updated second user interface displaying a change in the second appearance of the second status indictor associated with the second product to a third appearance to reflect the completion of the second product (Kandala, see at least: “FIG. 75 illustrates an example display screen 7500 [i.e. transmitting, by the computing device, a fourth updated second user interface to the second user device] showing an individual order page listing all the product items in the order and their status, which the “Relay Anchor” can update, or speak with the consumer or “Relay Runner” at any time, in accordance with an example embodiment of the present disclosure” [0149] and Fig. 75 displays a status of the ‘zoom vapor’ from Nike being updated from ‘Picked Up by the Runner’ to ‘at station’ [i.e. the fourth updated second user interface displaying a change in the second appearance of the second status indictor associated with the second product to a third appearance to reflect the completion of the second product]).
Kandala does not explicitly teach receiving, from the first user device, a third user input corresponding to an initiation of production of the second product; receiving, from the first user device, a fourth user input corresponding to a completion of the production of the second product; and completion being completion of the production.
Neumann, however, teaches coordinating orders (i.e. abstract), including the known technique of receiving, from the first user device, a third user input corresponding to an initiation of production of the second product (Neumann, see at least: “order is routed to designated alimentary provider 304a-c by transmitting information corresponding to the order from the server to an alimentary provider device. An order placement event may occur when an order is received at an alimentary provider device. In some embodiments, alimentary provider may acknowledge receipt of an order by transmitting a confirmation [i.e. receiving, from the first user device, a third user input], which may trigger an order confirmation event. Order confirmation may signal that preparation of an order has begun [i.e. corresponding to an initiation of production of the second product] by an alimentary provider 304a-c” [0025]);
the known technique of receiving, from the first user device, a fourth user input corresponding to a completion of the production of the second product (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. a fourth user input corresponding to a completion of the production of the second product]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device [i.e. receiving, from the first user device, a fourth user input] to computing device 104” [0025]); and
the known technique of completion of the production (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. completion of the production]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104” [0025]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kandala with Neumann for the reasons identified above with respect to claim 1.
Regarding claim 15, Kandala discloses a method, comprising:
-receiving, from a customer device, an order comprising a first product originating from a first retailer and a second product originating from a second retailer (Kandala, see at least: “a member (e.g., user) 502 may use a communication device and a mobile application to visit an online mall view and visit one or more merchants accessible there, browse the products available from the merchant online stores, and place an order of product items from the various merchants [i.e. receiving, from a customer device, an order]” [0113] and Fig. 61 displays that order #5678 has a dress from Banana Republic and a pair of shoes from Nike [i.e. comprising a first product originating from a first retailer and a second product originating from a second retailer]);
-transmitting, to an assembler device, a first user interface comprising a first status indicator associated with the first product and a second status indicator associated with the second product, the first status indicator having a first appearance and the second status indicator having a second appearance (Kandala, see at least: “FIG. 75 illustrates an example display screen 7500 showing an individual order page listing all the product items in the order and their status, which the “Relay Anchor” can update [i.e. transmitting, to an assembler device, a first user interface], or speak with the consumer or “Relay Runner” at any time, in accordance with an example embodiment of the present disclosure” [0149] and Fig. 75 displays a status of the ‘factory print wrap’ from Banana Republic and a status of ‘zoom vapor’ from Nike [i.e. a first user interface comprising a first status indicator associated with the first product and a second status indicator associated with the second product, the first status indicator having a first appearance and the second status indicator having a second appearance]);
-receiving a first user input corresponding to a completion of the first product (Kandala, see at least: “FIGS. 63-64 illustrate example mobile device screens 6300, 6400 that enable a “Relay Runner”, following selection of a product, to view the product details along with any special instructions, to call the consumer for more details, and to mark the item as “Picked up,” following checkout from store [i.e. receiving a first user input corresponding to a completion of the first product], upon which the product is move to the bottom of the list, in accordance with an example embodiment of the present disclosure” [0143] and Fig. 75 displays a status of the ‘factory print wrap’ from Banana Republic as ‘Picked Up by the Runner’ [i.e. corresponding to a completion of the first product]);
-transmitting, to the assembler device, a first updated user interface that displays an update to the first appearance of the first status indicator to a third appearance to reflect the completion of the first product by changing the first status indicator (Kandala, see at least: “FIG. 75 illustrates an example display screen 7500 [i.e. transmitting, to the assembler device] showing an individual order page listing all the product items in the order and their status, which the “Relay Anchor” can update, or speak with the consumer or “Relay Runner” at any time, in accordance with an example embodiment of the present disclosure” [0149] and Fig. 75 displays a status of the ‘factory print wrap’ from Banana Republic as ‘at station’ [i.e. transmitting, to the assembler device, a first updated user interface that displays an update to the first appearance of the first status indicator to a third appearance to reflect the completion of the first product by changing the first status indicator]);
-receiving a second user input corresponding to an initiation of the second product (Kandala, see at least: “when a consumer places an order using the “Relay” app on their mobile device, the submitted order is dispatched by the system of the present disclosure to a crowd-sourced “Runner” nearest the shopping mall selected by the consumer that placed the order. To participate as a “Runner,” an individual may agree to certain conditions, including a “service level agreement” specifying the speed with which the “Runner” will complete the shopping tasks assigned to him/her (e.g., a 5 minute SLA). When a ‘Runner’ accepts the order [i.e. receiving a second user input corresponding to an initiation of the second product], the consumer that placed the order is notified so that the consumer may ‘follow the runner’ to get real-time order completion details” [0104] and Fig. 75 displays a status of the ‘zoom vapor’ shoes from Nike as ‘Running’ [i.e. corresponding to an initiation of the second product]);
-transmitting, to the assembler device, a second updated user interface that displays an update to the second appearance of the second status indicator to a fourth appearance to reflect the second product is partially completed by changing the second status indicator (Kandala, see at least: “FIGS. 63-64 illustrate example mobile device screens 6300, 6400 that enable a “Relay Runner” [i.e. transmitting, to the assembler device], following selection of a product, to view the product details along with any special instructions, to call the consumer for more details, and to mark the item as “Picked up,” following checkout from store, upon which the product is move to the bottom of the list, in accordance with an example embodiment of the present disclosure” [0143] and Fig. 75 displays a status of the ‘zoom vapor’ from Nike being updated from ‘running’ to ‘Picked Up by the Runner’ [i.e. a second updated user interface that displays an update to the second appearance of the second status indicator to a fourth appearance to reflect the second product is partially completed by changing the second status indicator]);
-receiving a third user input corresponding to a completion of the second product (Kandala, see at least: “FIG. 75 illustrates an example display screen 7500 showing an individual order page listing all the product items in the order and their status, which the “Relay Anchor” can update [i.e. receiving a third user input], or speak with the consumer or “Relay Runner” at any time, in accordance with an example embodiment of the present disclosure” [0149] and Fig. 75 displays a status of the ‘zoom vapor’ from Nike being updated from ‘Picked Up by the Runner’ to ‘at station’ [i.e. receiving a third user input corresponding to a completion of the second product]); and
-transmitting, to the assembler device, a second updated user interface that displays an update to the fourth appearance of the second status indicator to a fifth appearance to reflect the second product is completed by changing the second status indicator (Kandala, see at least: “FIG. 75 illustrates an example display screen 7500 [i.e. transmitting, to the assembler device] showing an individual order page listing all the product items in the order and their status, which the “Relay Anchor” can update, or speak with the consumer or “Relay Runner” at any time, in accordance with an example embodiment of the present disclosure” [0149] and Fig. 75 displays a status of the ‘zoom vapor’ from Nike being updated from ‘Picked Up by the Runner’ to ‘at station’ [i.e. a second updated user interface that displays an update to the fourth appearance of the second status indicator to a fifth appearance to reflect the production of the second product is completed by changing the second status indicator]).
Kandala does not explicitly disclose receiving, from a first retailer device associated with the first retailer, a first user input corresponding to a completion of a production of the first product; completion being completion of the production; receiving, from a second retailer device associated with the second retailer, a second user input corresponding to an initiation of a production of the second product; production of the product group; receiving, from the second retailer device associated with the second retailer, a third user input corresponding to a completion of the production of the second product; completion being completion of the production
Neumann, however, teaches coordinating orders (i.e. abstract), including the known technique of receiving, from a first retailer device associated with the first retailer, a first user input corresponding to a completion of production of the first product (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. a first user input corresponding to a completion of production of the first product]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104 [i.e. receiving, from a first retailer device associated with the first retailer]” [0025]);
the known technique of completion of the production (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. completion of the production]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104” [0025]);
the known technique of receiving, from a second retailer device associated with the second retailer, a second user input corresponding to an initiation of a production of the second product (Neumann, see at least: “order is routed to designated alimentary provider 304a-c by transmitting information corresponding to the order from the server to an alimentary provider device. An order placement event may occur when an order is received at an alimentary provider device. In some embodiments, alimentary provider may acknowledge receipt of an order by transmitting a confirmation [i.e. receiving, from a second retailer device associated with the second retailer, a second user input], which may trigger an order confirmation event. Order confirmation may signal that preparation of an order has begun [i.e. corresponding to an initiation of a production of the second product] by an alimentary provider 304a-c” [0025]);
the known technique of production of the product group (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. production of the product group]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104” [0025]);
the known technique of receiving, from the second retailer device associated with the second retailer, a third user input corresponding to a completion of the production of the second product (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. a third user input corresponding to a completion of the production of the second product]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device [i.e. receiving, from the second retailer device associated with the second retailer, a third user input] to computing device 104” [0025]); and
the known technique of completion of the production (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. completion of the production]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104” [0025]). These known techniques are applicable to the method of Kandala as they both share characteristics and capabilities, namely, they are directed to coordinating orders.
It would have been recognized that applying the known techniques of receiving, from a first retailer device associated with the first retailer, a first user input corresponding to a completion of production of the first product; completion of the production; receiving, from a second retailer device associated with the second retailer, a second user input corresponding to an initiation of a production of the second product; production of the product group; receiving, from the second retailer device associated with the second retailer, a third user input corresponding to a completion of the production of the second product; and completion of the production, as taught by Neumann, to the teachings of Kandala would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modifications of receiving, from a first retailer device associated with the first retailer, a first user input corresponding to a completion of production of the first product; completion of the production; receiving, from a second retailer device associated with the second retailer, a second user input corresponding to an initiation of a production of the second product; production of the product group; receiving, from the second retailer device associated with the second retailer, a third user input corresponding to a completion of the production of the second product; and completion of the production, as taught by Neumann, into the method of Kandala would have been recognized by those of ordinary skill in the art as resulting in an improved method that would optimize parings of routes with couriers (Neumann, [0022]).
Kandala in view of Neumann does not explicitly teach changing at least one of a color or a weight of at least a displayed outline of the first status indicator; update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator; and update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator.
Stiefken, however, teaches acquiring and processing customer orders (i.e. [0003]), including the known technique of changing at least one of a color or a weight of at least a displayed outline of the first status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. changing at least one of a color or a weight of at least a displayed outline of the first status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec);
the known technique of update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec); and
the known technique of update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage of completion [i.e. update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec). These known techniques are applicable to the method of Kandala in view of Neumann as they both share characteristics and capabilities, namely, they are directed to acquiring and processing customer orders.
It would have been recognized that applying the known techniques of changing at least one of a color or a weight of at least a displayed outline of the first status indicator; update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator; and update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator, as taught by Stiefken, to the teachings of Kandala in view of Neumann would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modifications of changing at least one of a color or a weight of at least a displayed outline of the first status indicator; update to the second appearance of the second status indicator to a fourth appearance by changing at least one of a color or a weight of at least a displayed outline of the second status indicator; and update to the fourth appearance of the second status indicator to a fifth appearance to by changing at least one of the weight or the color of the at least the displayed outline of the second status indicator, as taught by Stiefken, into the method of Kandala in view of Neumann would have been recognized by those of ordinary skill in the art as resulting in an improved method that would accelerate food/beverage delivery (Stiefken, abstract).
Regarding claim 16, the combination of Kandala/Neumann/Stiefken teach the method of claim 15. Kandala further discloses:
-the user interface is a first user interface (Kandala, see at least: Fig. 75 [i.e. the user interface is a first user interface]); and
-the method further comprises:
-receiving, from the assembler device, a fourth user input corresponding to an assembly of the order (Kandala, see at least: “The system platform of FIG. 5 then sends the order to an e-commerce engine (WCS) 506, that may provide support for catalog, order management, returns, refund management, and payments processing, and to a mobile application of an individual acting as a “Relay Anchor” managing a collection point or “Relay Station” at which user orders may be assembled [i.e. corresponding to an assembly of the order] for delivery or pickup … The products of the user order purchased by the runner may then dropped off by the runner at a merchandise pick up (MPU) location 516, and the mobile application (e.g., “Anchor app”) of the “Relay Anchor” 510 is then updated on the status of the user order [i.e. receiving, from the assembler device, a fourth user input]” [0113]); and
-transmitting, to the customer device, a second user interface that includes a notification that the order including the first product and the second product is complete (Kandala, see at least: “The mobile application of the “Relay Anchor” 510 may then send an update of the order status to the platform 504 indicating that the user order is ready for pickup, and the platform 504 may then send a message (e.g., an email or text) to the member (e.g., user) 502 that their order is ready to be picked up [i.e. transmitting, to the customer device, a second user interface that includes a notification that the order including the first product and the second product is complete]” [0113]).
Regarding claim 20, the combination of Kandala/Neumann/Stiefken teach the method of claim 15. Kandala further discloses:
-wherein the fourth appearance of the second status indicator reflects completion of the second product (Kandala, see at least: Fig. 75 displays a status of the ‘zoom vapor’ from Nike being updated from ‘Picked Up by the Runner’ to ‘at station’ [i.e. wherein the fourth appearance of the second status indicator reflects completion of the second product])
Kandala does not explicitly teach completion being completion of the production.
Neumann, however, teaches coordinating orders (i.e. abstract), including the known technique of completion of the production (Neumann, see at least: “An order ready event may subsequently occur when preparation of alimentary combinations in an order is completed and the order is ready for pickup by a runner [i.e. completion of the production]. Event may be triggered by an alimentary provider 304 a-c confirmation that order is ready. Such confirmation may be transmitted by alimentary provider device to computing device 104” [0025]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kandala with Neumann for the reasons identified above with respect to claim 1.
Kandala with Neumann does teach that the fourth appearance of the second status indicator reflects a percentage.
Stiefken, however, teaches acquiring and processing customer orders (i.e. [0003]), including the known technique of the fourth appearance of the second status indicator reflects a percentage (Siefken, see at least: Fig. 11 displays the outline of the status indicator showing a percentage [i.e. the fourth appearance of the second status indicator reflects a percentage]; Examiner notes that ‘weight’ is interpreted in light of [0058] of Applicant’s spec). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kandala with Neumann with Stiefken for the reasons identified above with respect to claim 1.
Claims 4-5 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kandala, in view of Neumann, in further view of Siefken, in further view of Govind et al. (US 2020/0065730 A1), hereinafter Govind.
Regarding claim 4, the combination of Kandala/Neumann/Stiefken teach the method of claim 1. Kandala further discloses:
-wherein the status indicator associated with the first product is displayed with an icon [image] indicating a type of product or an origin of the first product (Kandala, see at least: Fig. 75 displays a status indicator line in the row of the ‘factory print wrap’ from Banana Republic also displays an image of the dress).
The combination of Kandala/Neumann/Stiefken does not explicitly teach that the image is an icon.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. an icon indicating a type of product or an origin of the first product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and “in the upper right corner of the illustrated screen, that is, at the top of the second vertical column 106 of icons, the first icon is labeled HAMBURGER. In addition, another second unique feature of the present invention, as can also be seen from FIG. 1, is that adjacent to the FRIED EGG and HAMBURGER icons 104, there is a time period noted, such as, for example, 28 m or 28 minutes [i.e. the status indicator associated with the first product is displayed with an icon]. This time period can designate, for example, the maximum period of time that such items should be allowed to effectively be stored, after they have been cooked or prepared, before being utilized in connection with the preparation of a particular food menu item as ordered by a patron” [0010] and Fig. 1). This known technique is applicable to the method of the combination of Kandala/Neumann/Stiefken as they both share characteristics and capabilities, namely, they are directed to preparing orders.
It would have been recognized that applying the known technique of the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product, as taught by Govind, to the teachings of the combination of Kandala/Neumann/Stiefken would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of the status indicator associated with the first product is displayed with an icon indicating a type of product or an origin of the first product, as taught by Govind, into the method of the combination of Kandala/Neumann/Stiefken would have been recognized by those of ordinary skill in the art as resulting in an improved method that would monitor and control a multitude of operations essential to the quick, efficient, and accurate operation (Govind, [0004]).
Regarding claim 5, the combination of Kandala/Neumann/Stiefken/Govind teach the method of claim 4.
The combination of Kandala/Neumann/Stiefken does not explicitly teach the icon indicating the first product is a beverage product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the icon indicating the first product is a beverage product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. wherein the icon indicates the first product is a beverage product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Kandala/Neumann/Stiefken with Govind for the reasons identified above with respect to claim 4.
Regarding claim 17, the combination of Kandala/Neumann/Stiefken teach the method of claim 15. Kandala further discloses:
-the first status indicator is displayed with a first image indicating a type of product or an origin of the first product (Kandala, see at least: Fig. 75 displays a status indicator line in the row of the ‘factory print wrap’ from Banana Republic also displays an image of the dress [i.e. the first status indicator is displayed with a first image indicating a type of product or an origin of the first product]); and
-the second status indicator is displayed with a second image indicating a type of product or an origin of the second product (Kandala, see at least: Fig. 75 displays a status indicator line in the row of the ‘zoom vapor’ from Nike also displays an image of the shoe [i.e. the second status indicator is displayed with a second image indicating a type of product or an origin of the second product]).
The combination of Kandala/Neumann/Stiefken does not explicitly teach the first image being a first icon; and the second image being a second icon.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. a first icon indicating a type of product or an origin of the first product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and “in the upper right corner of the illustrated screen, that is, at the top of the second vertical column 106 of icons, the first icon is labeled HAMBURGER. In addition, another second unique feature of the present invention, as can also be seen from FIG. 1, is that adjacent to the FRIED EGG and HAMBURGER icons 104, there is a time period noted, such as, for example, 28 m or 28 minutes [i.e. the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product]. This time period can designate, for example, the maximum period of time that such items should be allowed to effectively be stored, after they have been cooked or prepared, before being utilized in connection with the preparation of a particular food menu item as ordered by a patron” [0010] and Fig. 1); and
the known technique of the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers [i.e. a second icon indicating a type of product or an origin of the second product], lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk, English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009] and “in the upper right corner of the illustrated screen, that is, at the top of the second vertical column 106 of icons, the first icon is labeled HAMBURGER. In addition, another second unique feature of the present invention, as can also be seen from FIG. 1, is that adjacent to the FRIED EGG and HAMBURGER icons 104, there is a time period noted, such as, for example, 28 m or 28 minutes [i.e. the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product]. This time period can designate, for example, the maximum period of time that such items should be allowed to effectively be stored, after they have been cooked or prepared, before being utilized in connection with the preparation of a particular food menu item as ordered by a patron” [0010] and Fig. 1). These known techniques are applicable to the method of the combination of Kandala/Neumann/Stiefken as they both share characteristics and capabilities, namely, they are directed to preparing orders.
It would have been recognized that applying the known techniques of the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product; and the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product, as taught by Govind, to the teachings of the combination of Kandala/Neumann/Stiefken would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of the first status indicator is displayed with a first icon indicating a type of product or an origin of the first product; and the second status indicator is displayed with a second icon indicating a type of product or an origin of the second product, as taught by Govind, into the method of the combination of Kandala/Neumann/Stiefken would have been recognized by those of ordinary skill in the art as resulting in an improved method that would monitor and control a multitude of operations essential to the quick, efficient, and accurate operation (Govind, [0004]).
Regarding claim 18, the combination of Kandala/Neumann/Stiefken/Govind teach the method of claim 17. Kandala further discloses:
The combination of Kandala/Neumann/Stiefken does not explicitly teach the second icon associated with the second product indicating the second product is a food product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the second icon associated with the second product indicating the second product is a food product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers [i.e. wherein the second icon associated with the second product indicates the second product is a food product], lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk, English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Kandala/Neumann/Stiefken with Govind for the reasons identified above with respect to claim 17.
Regarding claim 19, the combination of Kandala/Neumann/Stiefken/Govind teach the method of claim 17. Kandala further discloses:
The combination of Kandala/Neumann/Stiefken does not explicitly teach that the first icon associated with the first product indicates the first product originates in a given department; or the second icon associated with the second product indicates the second product is a beverage product.
Govind, however, teaches preparing orders (i.e. abstract), including the known technique of the first icon associated with the first product indicating the first product originates in a given department; or the second icon associated with the second product indicating the second product is a beverage product (Govind, see at least: “each icon 104 is adapted to represent, for example, any one of a multitude of food items to be used in connection with the preparation of various different patron food orders such as, for example, and without limitation, hamburger buns, hamburgers, lettuce, onions, pickles, tomatoes, condiments, such as mustard, ketchup, and/or tartar sauce, pancake batter, butter patties, chicken tenders, French fries, fish filets, milk [i.e. the second icon associated with the second product indicates the second product is a beverage product], English muffins, eggs, cheese slices, various grated cheeses, broccoli, cauliflower, carrots, and the like” [0009]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Kandala/Neumann/Stiefken with Govind for the reasons identified above with respect to claim 17.
Subject Matter Allowable over the Prior Art
In the present application, claims 6-14 would be allowable if rewritten or amended to overcome the rejections under 35 USC § 101 and Double Patenting set forth in this Office action. The following is the Examiner's statement of reasons of allowance:
Regarding 35 U.S.C. §103, upon review of the evidence at hand, it is hereby concluded that the totality of the evidence, alone or in combination, neither anticipates, reasonably teaches, nor renders obvious the below noted features of the applicant’s invention. Claims 6-14 are allowable over the prior art as follows:
Claims 6-14 are allowable over 35 U.S.C. §103 as follows:
The most relevant prior art made of record includes Kandala et al. (US 2016/0140632 A1), Neumann et al (US 2022/0004985 A1), Franey et al. (US 2022/0237530 A1), and Siefken et al. (US 2022/0036898 A1). Kandala teaches receiving an order comprising a first product, a second product and a third product (Kandala, see at least: [0113] and Fig. 61); using stored retailer and order data, determining the first product and the third product are associated with a first retailer and the second product is associated with a second retailer (Kandala, see at least: [0113], [0142], [0186], and Fig. 61); grouping the first product and the third product in the order into a product group (Kandala, see at least: [0142] and Figs. 60 and 62); transmitting a second user interface to a second user device, the second user interface displaying information about the order including the product group, a status indicator associated with the first product, and the second product (Kandala, see at least: [0149], [0108] and Fig. 75); receiving a first user input corresponding to an initiation of the first product (Kandala, see at least: [0104] and Fig. 75); transmitting a first updated second user interface to the second user device, the first updated second user interface displaying a change in a first appearance of the status indicator associated with the first product to a second appearance to reflect the initiation, wherein the first appearance of the status indicator is changed to the second appearance by changing the status indicator (Kandala, see at least: [0104] and Fig. 75); receiving a second user input corresponding to a completion of the first product (Kandala, see at least: [0143] and Fig. 75); transmitting a second updated second user interface to the second user device, the second updated second user interface displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to reflect the product group is partially completed by the displaying the status indicator (Kandala, see at least: [0143] and Fig. 75); receiving a third user input corresponding to a completion of the third product in the product group (Kandala, see at least: [0143] and Fig. 75); and transmitting a third updated second user interface to the second user device, the third updated second user interface displaying a change in the third appearance to a fourth appearance to reflect the completion of the product group by changing the status indicator (Kandala, see at least: [0143] and Fig. 75).
Kandala is deficient in a number of ways. As written, the claims require transmitting a first user interface to a first user device and a second user interface to a second user device, the first user interface displaying information about the order including the product group and the second user interface displaying information about the order including the product group, a status indicator associated with the product group, and the second product; receiving, from the first user device, a first user input corresponding to an initiation of production of the first product; displaying a change in a first appearance of the status indicator associated with the product group, wherein the first appearance of the status indicator is changed to the second appearance by changing either or both of a color or a weight of at least a displayed outline of the status indicator; receiving, from the first user device, a second user input corresponding to a completion of the production of the first product; displaying a change in the second appearance of the status indicator associated with the product group to a third appearance to reflect the production of the product group is partially completed by changing either or both of the color or the weight of the at least the displayed outline of the status indicator; receiving, from the first user device, a third user input corresponding to a completion of a production of the third product in the product group; and displaying a change in the third appearance of the status indicator associated with the product group to a fourth appearance to reflect the completion of the production of the product group by changing either or both of the color or the weight of at least the displayed outline of the status indicator.
Regarding Neumann, Neumann teaches transmitting, by the computing device, a first user interface to a first user device and the first user interface displaying information about the order including the product group (Neumann, see at least: [0025] and [0024]); receiving, from the first user device, a first user input corresponding to an initiation of production of the first product (Neumann, see at least: [0025] and [0024]); receiving, from the first user device, a second user input corresponding to a completion of the production of the first product (Neumann, see at least: [0025]); production of the product group (Neumann, see at least: [0025]); receiving, from the first user device, a third user input corresponding to a completion of a production of the third product in the product group (Neumann, see at least: [0025] and [0056]); and completion of the production [0025]).
Though disclosing these features, Neumann does not disclose or render obvious the features discussed above.
Regarding Franey, Franey teaches a status indicator associated with the product group (Franey, see at least: [0035], [0059], and Fig. 3A).
Though disclosing these features, Franey does not disclose or render obvious the features discussed above.
Regarding Siefken, Siefken teaches changing either or both of a color or a weight of at least a displayed outline of the status indicator (Siefken, see at least: Fig. 11).
Though disclosing these features, Siefken does not disclose or render obvious the features discussed above.
Ultimately, the particular combination of limitations as claimed, is not anticipated nor rendered obvious in view of Kandala, Neumann, Franey, and Siefken, and the totality of the prior art. While certain references may disclose more general concepts and parts of the claim, the prior art available does not specifically disclose the particular combination of these limitations.
Kandala, Neumann, Franey, and Siefken, however, do not teach or suggest, alone or in combination the claimed invention. In particular, the cited references fail to teach the progression of the parsing being in response to the template input. A more encompassing reference has not been found and the addition of a further reference would only be combined and deemed obvious based on knowledge gleaned from the applicant’s disclosure. Such a reconstruction is improper (i.e. hindsight reasoning). See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Cited NPL reference U (cited 06/05/2025 in PTO-892) teaches software for managing delivery of prepared meals at restaurants, but does not teach or suggest alone or in combination the claimed invention.
The Examiner further emphasizes the claims as a whole and hereby asserts that the totality of the evidence fails to set forth, either explicitly or implicitly, an appropriate rationale for further modification of the evidence at hand to arrive at the claimed invention. The combination of features as claimed would not be obvious to one of ordinary skill in the art as combining various references from the totality of evidence to reach the combination of features as claimed would be a substantial reconstruction of Applicant’s claimed invention relying on improper hindsight bias.
It is thereby asserted by Examiner that, in light of the above and further deliberation over all of the evidence at hand, that the claims are allowable as the evidence at hand does not anticipate the claims and does not render obvious any further modification of the references to a person of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Park et al. (US 2015/0154690 A1) teaches displaying food icons.
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/ARIELLE E WEINER/ Primary Examiner, Art Unit 3689
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