Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the communications filed on May 19, 2025. The applicant’s claim for benefit of application 18166646, filed February 9, 2023, and provisional application 63370561, filed August 5, 2022, has been received and acknowledged.
The preliminary amendment filed May 19, 2025, has been accepted and entered.
Claims 21-40 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement filed May 19, 2025, has been considered by the Examiner.
Claim Objections
The preliminary amendment indicates that “claims 21-40” are pending and the claims are numbered 21-40. However, the dependency of each dependent claim is to a claim that is no longer pending. For example, claim 22 depends from claim 1, claim 23 depends from claim 2, claim 33 depends from claim 12, claim 34 depends from claim 13, etc.
For purposes of examination, the Examiner is adding the number 20 to each dependency, such that:
Claim 22 depends from claim 21
Claim 23 depends from claim 22
Claim 24 depends from claim 23
Claim 25 depends from claim 23
Claim 26 depends from claim 25
Claim 27 depends from claim 26
Claim 28 depends from claim 27
Claim 29 depends from claim 28
Claim 30 depends from claim 26
Claim 31 depends from claim 21
Claim 33 depends from claim 32
Claim 34 depends from claim 33
Claim 35 depends from claim 34
Claim 36 depends from claim 35
Claim 37 depends from claim 36
Claim 38 depends from claim 37
Claim 39 depends from claim 38
Claim 40 depends from claim 36
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 23, 28, 30, 34, 38, and 40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 23 and 34: Claim 23 recites “the second user.” There is insufficient antecedent basis in the claims, as no users have been recited.
Claim 23 is rejected for similar reasons.
Claims 28 and 38: Claim 28 recites “the data inputs.” There is insufficient antecedent basis for this term. Further, it is unclear what inputs this term is referring to. For purposes of examination, the Examiner is interpreting this portion of claim 28 as reciting “adjusting, in real-time, the current highest bidder on the graphical interface.”
Claim 38 is rejected for similar reasons.
Claims 30 and 40: Claim 30 recites “removing the first user when the highest bid is below the vehicle metric.” This limitation is unclear. First, there is insufficient antecedent basis for “the first user,” as no users have been recited. Further, it is unclear whether the first user is associated with the highest bid, a bid prior to the highest bid, or whether the first user has even actually bid at all. It is further unclear what is meant by “removing” the first user. Does that mean not allowing the first user to bid in the auction? Disqualifying the first user from the auction? Not allowing the first user to even view the auction? For purposes of examination, the Examiner is interpreting this portion of claim 30 as reciting “removing a bidder from participation in the auction when their bid is below the vehicle metric.”
Claim 40 is rejected for similar reasons.
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 21-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent claims 21 and 32 recite a system and a method for implementing dynamic and real-time auctions. With respect to claim 32, claim elements allowing a user to set predetermined conditions, creating the auction based on a selection of vehicles, overriding at least one of the predetermined conditions, implementing the new condition, and updating the auction to permit the auction to allow a new bid, as drafted, illustrate a series of steps that, under their broadest reasonable interpretation, cover a method of organizing a human activity, such as a commercial or legal interaction, i.e., sales activities.
Claim 21 recites similar limitations.
The judicial exception is not integrated into a practical application. Claim 21 recites a memory, a display, and a processor. These elements are recited at a high level of generality i.e., as generic computer components performing generic computer functions. 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 claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, claim 21 recites a memory, a display, and a processor. These elements are recited at a high level of generality i.e., as generic computer components performing generic computer functions. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept.
Thus, claims 21 and 32 are not patent eligible.
Claims 22-31 and 33-40 depend from claims 21 and 32. Claims 22 and 33 are directed to obtaining buyer vehicle information and are further directed to the abstract idea. Claims 23 and 34 are directed to comparing the buyer vehicle information to the information of the vehicles and inviting a user to the auction and are further directed to the abstract idea. Claim 24 is directed to the type of vehicle information and is further directed to the abstract idea. Claims 25 and 35 are directed to obtaining current bids and are further directed to the abstract idea. Claims 26 and 36 are directed to determining a highest bid and are further directed to the abstract idea. Claims 27 and 37 are directed to displaying the highest bid, which is considered to be insignificant extra-solution activity. Per MPEP 2106.05(d)(II), elements such as receiving or transmitting data over a network, using the Internet to gather data, and storing and retrieving information in memory are considered to be computer functions that are well-understood, routine, and conventional functions. See Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPG2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network)). Claims 28 and 38 are directed to adjusting the current highest bidder and are further directed to the abstract idea. Claims 29 and 39 are directed to automatically removing the vehicle from the auction and are further directed to the abstract idea. Claims 30 and 40 are directed to removing the first user and are further directed to the abstract idea. Claim 31 is directed to the types of predetermined conditions and is further directed to the abstract idea.
Thus, the claims are not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 21-29 and 31-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2004/0128224 A1 to Dabney et al. (hereinafter “Dabney”).
Claims 21 and 32: Dabney discloses an "[o]nline auction-style listing and transaction system". (See Dabney, at least Abstract). Dabney further discloses:
a memory storing instructions (See Dabney, at least FIG. 1 and associated text, online transaction server);
a stored vehicle inventory accessible by the system (See Dabney, at least FIG. 1 and associated text, database 106a; para. [0405], all of the dealer’s inventory is stored in the database);
a display (See Dabney, at least FIG. 1 and associated text, item 100; para. [0340], remote users use appliances like computers, phones to communicate with online transaction server; appliances can display information); and
a processor (See Dabney, at least FIG. 1 and associated text, online transaction server) configured to execute the instructions to perform operations comprising:
allowing a user to set predetermined conditions for a dynamic and real-time auction, wherein one of the set predetermined conditions is a vehicle metric (See Dabney, at least FIG. 2 and associated text, seller inputs information about auction including reserve price, starting bid, starting time for auction, auction duration, etc.; para. [0396], seller inputs various information about an auction-style listing including item description, auction duration and start time, starting bid, minimum price, purchase now price, whether conditional bids are acceptable, and other information; sellers can set up preferences and defaults for such items in advance using a "Edit your Auction Preferences" feature; para. [0171], high bid and number of bids will be displayed on an Auction-Style Listing page in real time; para. [0069], sellers have dynamic control over minimum sell and "purchase now" prices during the auction; para. [0462], the reserve price is set by the seller and typically represents the lowest amount they will accept for the item);
creating the dynamic and real-time auction based on a selection of vehicles from the stored vehicle inventory, wherein the dynamic and real-time auction allows a bid above the metric (See Dabney, at least FIGs. 7A-7E and associated text; para. [0417], FIG. 7A page shows the dealer or other seller's entire inventory; para. [0440], FIG. 7D is a preview of a vehicle; at the bottom, there are two buttons, one reading "click here to create an auction-style listing" and the other reading "click here to save as a classified listing". If the user selects classified, the information is saved into a classified-style listing. If the user selects auction-style listing, a page such as the one shown in FIG. 7E is displayed. This page prompts the seller to add auction-style information such as starting bid, minimum price, duration, and other information; para. [0462], highest bidder at the listing's end wins. If the seller has set a reserve price then the winning bid must also be at least equal to the reserve price; para. [0464], example: suppose Scott is selling an item auction style. He sets a starting price of $5,000.00 and a reserve price of $7,000.00. Vicky enters a maximum bid of $6,000.00. Hers is the first bid, so the system bids the starting price: $5,000.00. Nathan then enters a maximum bid of $8,000.00. Because Nathan's bid is above Scott's reserve price, the system enters a bid equal to the reserve price. Nathan is now the high bidder at $7,000.00 and Vicky is outbid. Because his reserve price has been exceeded, Scott is now obligated to sell his item to the eventual winning bidder. Esther then places a maximum bid of $8,500.00. Although there is a difference of $500.00 between Nathan and Esther's maximum bids, the system bids the least amount necessary to put someone ahead. The system therefore enters a bid for Esther of for example, $8001.00--and Nathan is outbid. Different increments may be used (e.g., increments of $50.00 as opposed to $1.00 if desired). Assuming there are no further bids, Esther wins with a bid of $8,001.00);
overriding at least one of the set predetermined conditions based on the user adjusting the vehicle metric to create a new condition (See Dabney, at least para. [0484], seller can manipulate the seller's "reserve" price (i.e., the minimum price the seller is willing to sell the item at) during bidding; for example, the seller might wish to lower his or her reserve price to below an already-existing top bid in order to drive a transaction; alternatively, seller is allowed to raise his or her reserve price in order to obtain higher bids; for example, if bidding on an item is particularly active but the reserve price has not yet been met, the seller can increase the reserve price before any bidder has exceeded the reserve price in order to try and drive a higher final sales price);
implementing the new condition in the dynamic and real-time auction (See Dabney, at least para. [0484], seller can manipulate the seller's "reserve" price (i.e., the minimum price the seller is willing to sell the item at) during bidding; for example, the seller might wish to lower his or her reserve price to below an already-existing top bid in order to drive a transaction; alternatively, seller is allowed to raise his or her reserve price in order to obtain higher bids; for example, if bidding on an item is particularly active but the reserve price has not yet been met, the seller can increase the reserve price before any bidder has exceeded the reserve price in order to try and drive a higher final sales price); and
updating the dynamic and real-time auction to permit for the dynamic and real-time auction to allow a new bid above the adjusted vehicle metric (See Dabney, at least para. [0484], seller can manipulate the seller's "reserve" price (i.e., the minimum price the seller is willing to sell the item at) during bidding; for example, the seller might wish to lower his or her reserve price to below an already-existing top bid in order to drive a transaction; alternatively, seller is allowed to raise his or her reserve price in order to obtain higher bids; for example, if bidding on an item is particularly active but the reserve price has not yet been met, the seller can increase the reserve price before any bidder has exceeded the reserve price in order to try and drive a higher final sales price).
Claim 32 is rejected for similar reasons.
Claims 22 and 33: Dabney further discloses wherein the operations further comprise obtaining buyer vehicle information from a second user (See Dabney, at least FIG. 7J and 8-10 and associated text; para. [0443] FIG. 7J shows an example "search inventory" page that allows users to quickly search listings based on various criteria and provide customized sorting of results; paras. [0445]-[0457], FIGS. 8-10 show example screens a user can use to search and select item listings for review and bidding; user can search for and display both classified and auction-style listings (see FIG. 8) or he or she can search only for auction-style listings (FIG. 9); searching can be conducted by geographical proximity based on ZIP code for example, by item type or description, both, or based on other criteria. For example, in the context of a motor vehicle search: make/model/year, distance from buyer's ZIP code, certified pre-owned, body style, color, mileage, doors, engine, fuel type, drive type, transmission, other).
Claim 33 is rejected for similar reasons.
Claims 23 and 34: Dabney further discloses:
comparing the buyer vehicle information with information of the selection of vehicles (See Dabney, at least para. [0443] FIG. 7J shows an example "search inventory" page that allows users to quickly search listings based on various criteria and provide customized sorting of results; paras. [0445]-[0457], FIGS. 8-10 show example screens a user can use to search and select item listings for review and bidding; user can search for and display both classified and auction-style listings (see FIG. 8) or he or she can search only for auction-style listings (FIG. 9); Figure 9 displays Volkswagen that met search criteria); and
inviting the second user to the dynamic and real-time auction when the buyer vehicle information matches the selection of vehicles information (See Dabney, at least FIG. 10 and associated text; para. [0460], FIG. 10 shows an exemplary auction style listing screen allowing the user to submit a bid for the vehicle which in this case is the Volkswagen from Figure 9).
Claim 34 is rejected for similar reasons.
Claim 24: Dabney further discloses wherein the buyer vehicle information includes at least one of: vehicle model, vehicle color, vehicle conduction, or vehicle geographical location (See Dabney, at least paras. [0445]-[0457], FIGS. 8-10 show example screens a user can use to search and select item listings for review and bidding; user can search for and display both classified and auction-style listings (see FIG. 8) or he or she can search only for auction-style listings (FIG. 9); searching can be conducted by geographical proximity based on ZIP code for example, by item type or description, both, or based on other criteria. For example, in the context of a motor vehicle search: make/model/year, distance from buyer's ZIP code, certified pre-owned, body style, color, mileage, doors, engine, fuel type, drive type, transmission, other).
Claims 25 and 35: Dabney further discloses wherein the operations further comprise obtaining current bids on at least a first vehicle in the selection of vehicles (See Dabney, at least para. {0003], items include new and used cars, trucks, motorcycles and boats; para. [0464], example: suppose Scott is selling an item auction style. He sets a starting price of $5,000.00 and a reserve price of $7,000.00. Vicky enters a maximum bid of $6,000.00. Hers is the first bid, so the system bids the starting price: $5,000.00. Nathan then enters a maximum bid of $8,000.00. Because Nathan's bid is above Scott's reserve price, the system enters a bid equal to the reserve price. Nathan is now the high bidder at $7,000.00 and Vicky is outbid).
Claim 35 is rejected for similar reasons.
Claims 26 and 36: Dabney further discloses wherein the operations further comprise determining a highest bid out of the current bids (See Dabney, at least para. {0003], items include new and used cars, trucks, motorcycles and boats; para. [0464], example: suppose Scott is selling an item auction style. He sets a starting price of $5,000.00 and a reserve price of $7,000.00. Vicky enters a maximum bid of $6,000.00. Hers is the first bid, so the system bids the starting price: $5,000.00. Nathan then enters a maximum bid of $8,000.00. Because Nathan's bid is above Scott's reserve price, the system enters a bid equal to the reserve price. Nathan is now the high bidder at $7,000.00 and Vicky is outbid; Esther then places a maximum bid of $8,500.00. Although there is a difference of $500.00 between Nathan and Esther's maximum bids, the system bids the least amount necessary to put someone ahead. The system therefore enters a bid for Esther of for example, $8001.00--and Nathan is outbid. Different increments may be used (e.g., increments of $50.00 as opposed to $1.00 if desired). Assuming there are no further bids, Esther wins with a bid of $8,001.00 (even though she is prepared to pay up to $8,500.00). Esther and Scott complete the transaction).
Claim 36 is rejected for similar reasons.
Claims 27 and 37: Dabney further discloses wherein the operations further comprise displaying the highest bid on a graphical interface (See Dabney, at least FIG. 7 and associated text; Figure 7 has both live listings with a current highest bid and closed listings with the high bid displayed).
Claim 37 is rejected for similar reasons.
Claims 28 and 38: Dabney further discloses wherein the operations further comprise adjusting, in real-time, the current highest bidder on the graphical interface based on the data inputs (See Dabney, at least FIG. 10 and associated text, current bid is $1500, next minimum bid is $1550, i.e., current bid is highest bid; para. [0461], Figure 10 page shows "current bid", "next minimum bid" and "purchase now." The current bid and next minimum bid amount may increase dynamically on line if other bidding activity is occurring) .
Claim 38 is rejected for similar reasons.
Claims 29 and 39: Dabney further discloses wherein the operations further comprise automatically removing the vehicle from the dynamic and real-time auction (See Dabney, at least FIGs. 18A-18B and associated text; para. [0483], seller can auction-style listing before the listing/auction has been completed; . seller can end auction-style listing at any time for any of various reasons (e.g., already sold, decided not to sell, item is defective, etc.); seller has the option to move the listing to a classified ad).
Claim 39 is rejected for similar reasons.
Claim 31: Dabney further discloses wherein the predetermined conditions include at least one of: an amount of time remaining in the dynamic and real-time auction, a floor metric, a type of vehicle, or a geographical location (See Dabney, at least FIG. 2 and associated text, seller inputs information about auction including reserve price, starting bid, starting time for auction, auction duration, etc.; para. [0396], seller inputs various information about an auction-style listing including item description, auction duration and start time, starting bid, minimum price, purchase now price, whether conditional bids are acceptable, and other information; para. [0462], the reserve price is set by the seller and typically represents the lowest amount they will accept for the item).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 30 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Dabney as applied to claims 6 (renamed as 26) and 16 (renamed as 36) above, and further in view of US 2022/0156829 A1 et al. to Lautch et al. (hereinafter “Lautch”).
Dabney discloses all the limitations of claims 6 (renamed as 26) and 16 (renamed as 36) discussed above.
Dabney does not expressly disclose wherein the operations further comprise removing the first user when the highest bid is below the vehicle metric.
However, Lautch discloses “a secure messaging system” that includes “generating a dynamically displayed specific, structured interactive graphical user interface paired with a prescribed functionality directly related to the interactive graphical user interface's structure.” (See Lautch, at least Abstract). Lautch further discloses creating “a pricing auction, an issuance, including a starting bid date and time, an issuance, including an in pricing screen, a tranche summary, including volume distribution and award distribution, a tranche summary, including individual bids.” (See Lautch, at least para. [0005]). Lautch further discloses that “Once the Issuer has decided to proceed, the deal launch will be announced publicly on the platform but also through other media such as Bloomberg. The Issuer will file the preliminary pricing supplement or preliminary prospectus supplement with the SEC and these will also be posted on the platform. The start time and rules for the auction will be displayed and the general auction terms will be described in the preliminary pricing supplement or preliminary prospectus supplement.” (See Lautch, at least para. [0096]). Lautch further discloses wherein the operations further comprise removing the first user when the highest bid is below the vehicle metric (See Lautch, at least para. [0103], to qualify for the Final Round bidders must bid at or better than the reserve price. Those bidders who are currently not qualified will be warned that they will be eliminated and given one opportunity to improve their bid).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the system and method of Dabney the ability wherein the operations further comprise removing the first user when the highest bid is below the vehicle metric as disclosed by Lautch since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so because issuers “want to be able to reward the behavior of investors who contribute to the long-term success of their deals.” (See Lautch, at least para. [0086]).
Claim 40 is rejected for similar reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNE MARIE GEORGALAS whose telephone number is (571)270-1258 E.S.T.. The examiner can normally be reached on Monday-Friday 8:30am-5:00pm.
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, Marissa Thein can be reached on 571-272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anne M Georgalas/
Primary Examiner, Art Unit 3689
Prosecution Insights