DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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., abstract idea) without significantly more.
The claims recite method and system for multi-platform auction continuous bidding.
Exemplary claim 11 recites in part,
“receiving an instruction to list an item on a first online auction platform and a second online auction platform, the instruction comprising information associated with the item;
generating…first listing data for the item, the first listing data based at least in part on the information associated with the item and at least in part on rules-based data corresponding to information associated with the first online auction platform;
communicating…the first listing data to the first online auction platform;
generating…second listing data for the item, the second listing data based at least in part on the information associated with the item and at least in part on rules-based data corresponding to information associated with the second online auction platform; and
communicating…the second listing data to the second online auction platform”
The above limitations recite the steps of:
1) receiving auction item listings instructions for one or more auction platforms,
2) generating auction parameter for the item listings based on the one or more auction platform rules, and
3) transmitting auction item listings parameter to the one or more auction platforms.
The above limitations, under their broadest reasonable interpretation, fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(II)(A), in that they recite fundamental economic practices or principles. Accordingly, the claim recites an abstract idea.
The judicial exception is not integrated into a practical application. The claim recites the additional element of one or more computing elements (processor and memory). The additional computer-related elements merely invoke these additional elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. See MPEP 2106.05(f) and MPEP 2106.05(h).
When considered individually or in combination, the recited additional elements do not integrate the abstract idea into a practical application.
The recitation of additional elements is acknowledged as identified above. The discussion with respect to the practical application is equally applicable to consideration of whether the claims amount to significantly more. The additional computer-related elements merely invoke these additional elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. See MPEP 2106.05(f) and MPEP 2106.05(h).
Therefore, there are no meaningful recitations, considered in combination, that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself.
Accordingly, claim 11 is directed to a judicial exception (i.e., abstract idea) without significantly more.
Claim 1 recites similar limitations as set forth in claim 11, and therefore is rejected based on the same rationale.
Dependent claims 2-10 and 12-20 recite limitations directed to the abstract idea, and do not integrate the abstract idea into a practical application nor amount to significantly more.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Appl. Pub. No. 2002/0165817 (Rackson et al. – hereinafter Rackson).
Referring to claim 1, Rackson discloses a multi-platform online auction method comprising:
receiving an instruction to list an item on a first online auction platform and a second online auction platform, the instruction comprising information associated with the item; [See paragraphs 0028, 0051, 0054, 0061, 0062]
generating, via a decision engine, first listing data for the item, the first listing data based at least in part on the information associated with the item and at least in part on rules-based data corresponding to information associated with the first online auction platform; [See paragraphs 0063, 0076 – Each remote auction service has an input format for listing items.]
communicating, via a secure communications protocol, the first listing data to the first online auction platform; [See paragraphs 0063-0065]
generating, via the decision engine, second listing data for the item, the second listing data based at least in part on the information associated with the item and at least in part on rules-based data corresponding to information associated with the second online auction platform; and [See paragraphs 0063, 0076 – Each remote auction service has an input format for listing items.]
communicating, via the secure communications protocol, the second listing data to the second online auction platform. [See paragraphs 0064-0065]
Referring to claim 2, Rackson discloses the method of claim 1, wherein the information associated with the item comprises at least one item parameter selected from the group consisting of an authentication parameter, inventory data parameter, and pricing parameter. [See paragraphs 0052, 0054, 0061]
Referring to claim 3, Rackson discloses the method of claim 1, wherein the information associated with the first online auction platform comprises at least one platform parameter selected from the group consisting of a platform-specific identifier, seller identifier, platform-specific timing/bidding detail, platform-specific authentication, platform-specific inventory data, platform-specific pricing information, platform-specific callback, platform-specific business rule, platform-specific security measure, platform-specific metadata, and platform-specific time zone. [See paragraphs 0021, 0054, 0111]
Referring to claim 4, Rackson discloses the method of claim 1, wherein the rules-based data corresponding to information associated with the first online auction platform is at least in part different than the rules-based data corresponding to information associated with the second online auction platform. [See paragraphs 0021, 0054, 0063, 0076, 0111]
Referring to claim 5, Rackson discloses the method of claim 1, wherein a time difference exists between operation of the first online auction platform and operation of the second online auction platform, and wherein the rules-based data corresponding to information associated with the first online auction platform and the rules-based data corresponding to information associated with the second online auction platform consider the time difference in synchronizing bidding between the first online auction platform and the second online auction platform, thereby aligning bids between the first online auction platform and the second online auction platform within a unified timeline. [See paragraphs 0067, 0091]
Referring to claim 6, Rackson discloses the method of claim 1, wherein the method further comprises:
receiving, at the decision engine, via the secure communications protocol, updated information associated with the item listed on the first online auction platform; [See paragraphs 0067, 0069, 0074, 0079, 0101, 0102, 0105]
generating, via the decision engine, updated second listing data for the item, the updated second listing data based at least in part on the updated information associated with the item listed on the first online auction platform and at least in part on the rules-based data corresponding to the information associated with the second online auction platform; and [See paragraphs 0067, 0069, 0074, 0079, 0101, 0102, 0105]
communicating, via the secure communications protocol, the updated second listing data to the second online auction platform. [See paragraphs 0067, 0069, 0074, 0079, 0101, 0102, 0105]
Referring to claim 7, Rackson discloses the method of claim 6, wherein the updated information associated with the item listed on the first online auction platform comprises a current bid price on the first online auction platform. [See paragraphs 0067, 0069, 0074, 0079, 0101, 0102, 0105]
Referring to claim 8, Rackson discloses the method of claim 7, wherein the rules-based data corresponding to information associated with the first online auction platform comprises a current bidding increment on the first online auction platform, and wherein the rules-based data corresponding to information associated with the second online auction platform comprises a bidding increment on the second online auction platform that is adjusted to match the current bidding increment on the first online auction platform, whereby the updated second listing data comprises the current bid price on the first online auction platform and the current bidding increment on the first online auction platform. [See paragraphs 0067, 0069, 0074, 0079, 0101, 0102, 0105]
Referring to claim 9, Rackson discloses the method of claim 1, further comprising:
identifying, via the decision engine, limited bidding on the item on either the first online auction platform using the rules-based data corresponding to information associated with the first online auction platform or the second online auction platform using the rules-based data corresponding to information associated with the second online auction platform; [See paragraphs 0028, 0051, 0054, 0060, 0061, 0062, 0092 – The multi-auction service can be used for multiple auctions services based on updated bidding information.]
generating, via the decision engine, third listing data for the item, the third listing data based at least in part on the information associated with the item and at least in part on rules-based data corresponding to information associated with a third online auction platform; and [See paragraphs 0028, 0051, 0054, 0060, 0061, 0062, 0092]
communicating, via the secure communications protocol, the third listing data to the third online auction platform. [See paragraphs 0028, 0051, 0054, 0060, 0061, 0062, 0092]
Referring to claim 10, Rackson discloses the method of claim 9, further comprising:
generating, via the decision engine, instructions to remove the first listing data from the first online auction platform or the second listing data from the second online auction platform, based on the identification of the limited bidding on the item; and [See paragraphs 0022, 0114]
communicating, via the secure communications protocol, the instructions to the first online auction platform to remove the first listing data, or the instructions to the second online auction platform to remove the second listing data. [See paragraphs 0022, 0114]
Referring to claims 11-20, they recite similar limitations as set forth in claims 1-10, and therefore are rejected based on similar rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUSEGUN GOYEA whose telephone number is (571)270-5402. The examiner can normally be reached M-F: 9am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FAHD OBEID can be reached at 5712703324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OLUSEGUN GOYEA/ Primary Examiner, Art Unit 3627
Prosecution Insights