DETAILED ACTION
Status of Claims
The following is a non-final, first office action in response to the communication filed 5/20/2025.
Claims 1-23 are currently pending and have been examined.
Priority
The applicant’s claim for benefit of Provisional Patent Application Serial No. 63/649,966 filed 5/21/2024 has been received and acknowledged.
Information Disclosure Statement
Information Disclosure Statement received 8/8/2025 has been reviewed and considered.
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 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 of the Subject Matter Eligibility Test entails considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter.
Claims 1-23 are directed to a method (process), a system (machine or manufacture), and a non-transitory medium (manufacture), respectively. As such, the claims are directed to statutory categories of invention.
If the claim recites a statutory category of invention, the claim requires further analysis in Step 2A. Step 2A of the Subject Matter Eligibility Test is a two-prong inquiry. In Prong One, examiners evaluate whether the claim recites a judicial exception.
Claim 1 recites abstract limitations, including those bolded below:
1. A computer-implemented method for product management comprising: accessing an instant messaging (IM) system, wherein the IM system interfaces between one or more customers and an ecommerce business entity, and wherein the IM system recognizes the ecommerce business entity as a valid instant messaging system identity; binding the ecommerce business entity identity to one or more back-office management systems within the ecommerce business entity; detecting a product in an instant messaging thread between the ecommerce business entity and the one or more customers; creating a product description page (PDP) by at least one of the one or more back-office management systems, based on the detecting a product; providing a PDP link for the PDP, by the at least one of the one or more back-office management systems, to the ecommerce business entity; sending the PDP link, by the ecommerce business entity, to the one or more customers, using the IM system; collecting one or more responses from the one or more customers, using the IM system; and managing products, by the ecommerce business, based on the PDP and one or more responses from the one or more customers, using the one or more back-office management systems.
Claims 22 and 23 recite abstract limitations analogous to those presented above in conjunction with the claim 1 analysis.
These limitations, as drafted, are a process that, under its broadest reasonable interpretation, represents a commercial interaction (including advertising, marketing or sales activities or behaviors; business relations) and are therefore a method of organizing human activity. More specifically, other than reciting that the method is computer-implemented, nothing in the claim element precludes the abstract steps recited above from practically being performed by a human. Thus, the claim recites an abstract idea.
These limitations, as drafted, also recite a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind, or by a human using pen and paper, and therefore recite mental processes. More specifically, other than the processing being computer-implemented nothing in the claim element precludes some of the aforementioned steps from practically being performed in the human mind, or by a human using pen and paper, such as detecting a product, creating a product page, managing products, etc. The mere recitation of a generic computer does not take the claim out of the mental process grouping. Thus, the claim recites an abstract idea.
If the claim recites a judicial exception in step 2A Prong One , the claim requires further analysis in step 2A Prong Two. In step 2A Prong Two, examiners evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
Claim 1 recites additional elements, including those underlined below:
1. A computer-implemented method for product management comprising: accessing an instant messaging (IM) system, wherein the IM system interfaces between one or more customers and an ecommerce business entity, and wherein the IM system recognizes the ecommerce business entity as a valid instant messaging system identity; binding the ecommerce business entity identity to one or more back-office management systems within the ecommerce business entity; detecting a product in an instant messaging thread between the ecommerce business entity and the one or more customers; creating a product description page (PDP) by at least one of the one or more back-office management systems, based on the detecting a product; providing a PDP link for the PDP, by the at least one of the one or more back-office management systems, to the ecommerce business entity; sending the PDP link, by the ecommerce business entity, to the one or more customers, using the IM system; collecting one or more responses from the one or more customers, using the IM system; and managing products, by the ecommerce business, based on the PDP and one or more responses from the one or more customers, using the one or more back-office management systems.
Claim 22 recites further additional elements, including those underlined below:
22. A computer program product embodied in a non-transitory computer readable medium for product management, the computer program product comprising code which causes one or more processors to perform operations…
Claim 23 recites further additional elements, including those underlined below:
23. A computer system for product management comprising: a memory which stores instructions; one or more processors coupled to the memory wherein the one or more processors, when executing the instructions which are stored, are configured to…
The functions of the computer (computer-implemented), computer program product (and its respective component interfaces), computer system (and its respective components), messaging system, and back-office systems are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer components.
The transmission and receipt of information (via the IM system and between computing elements (systems, computer)), when recited at this level of breadth, amounts to extra-solution activity.
The characterization of the messaging system as an IM system (that recognizes valid identities), the business entity as an ecommerce entity, and the PDP as being accessible via a link, amounts to merely indicating a field of use or technological environment in which to apply a judicial exception and cannot integrate the judicial exception into a practical application (see MPEP 2106.05(h)).
Accordingly, in combination, 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.
If the additional elements do not integrate the exception into a practical application in step 2A Prong Two, then the claim is directed to the recited judicial exception, and requires further analysis under Step 2B to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself).
As discussed above, the computer (computer-implemented), computer program product (and its respective component interfaces), computer system (and its respective components), messaging system, and back-office systems amount to mere instructions to apply the exception. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit).
As discussed above, the transmission and receipt of information (via the IM system and between computing elements (systems, computer)), amounts to extra-solution activity. The Symantec, TLI, OIP Techs. and buySAFE court decisions cited in MPEP 2106.05(d)(II) indicate that mere receiving or transmitting data over a network is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
As discussed above, characterization of the messaging system as an IM system (that recognizes valid identities), the business entity as an ecommerce entity, and the PDP as being accessible via a link, amounts to merely indicating a field of use or technological environment in which to apply a judicial exception, which does not amount to significantly more than the exception itself. (see MPEP 2106.05(h)).
Thus, even when viewed as an ordered combination, nothing in the claims add significantly more (i.e. an inventive concept) to the abstract idea.
Claims 2-3 act to further characterize the back-office management system (as including an inventory management system), which are both applied in the execution of the abstract idea (e.g., generating the PDP). For the reasons described above with respect to claim 1, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claims 4-5, and 9 act to further characterize the message (e.g., as containing a product photo, product video, product description), which narrows the previously recited abstract idea limitations and further characterizes the field of use without introducing any further additional elements. For the reasons described above with respect to claim 1, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claims 6-8 further recites an inventory management back-office system and an order management back-office system, which merely acts to apply the previously identified abstract idea (e.g., generating the PDP) and additional abstract ideas (e.g., initiating a transaction and confirming product orders – commercial interactions). For the reasons described above with respect to claim 1, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claim 10 further recites suggesting a product description based on the detection of information, which amounts to a mental process. For the reasons described above with respect to claim 1, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claim 11 further recites the facilitation of a checkout process (which is an abstract concept – commercial interaction), wherein the process includes providing a checkout link (which limits the checkout process to a digital interface -field of use) that is transmitted based on user input in the IM thread (which amounts to extra-solution activity, sending/receiving information - see analysis above with respect to claim 1).
Claims 12-14, and 17 act to further characterize the back-office management system (as including an order management system), which is applied in the execution of the abstract concept of collecting an order in response to a reply and making updates in response to the order (i.e. commercial interaction, mental process). Claim 15 further recites that the reply is processed by NL processing, which at this level of breadth amounts to applying the abstract idea on generic computing components. Therefore, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claim 16 acts to further characterize the order, which narrows the previously recited abstract idea limitations without introducing any further additional elements. For the reasons described above with respect to claim 1, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claims 18-21 act to further characterize the PDP (as including multiple products, a campaign theme, generated based on received responses, etc.), which acts to further characterize previously recited abstract concepts, as applied by the one or more back-office systems. Therefore, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-14, 18 and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Belcher et al. (20210201380 A1).
Regarding Claim 1, Belcher discloses:
1. A computer-implemented method for product management comprising:
Belcher [0003] FIG. 1 is a block diagram of a networked system suitable for implementing the processes described herein, according to an embodiment;
Belcher [0024] System 100 includes a client device 110, an agent device 120, and a merchant server 130 in communication over a network 140.
accessing an instant messaging (IM) system, wherein the IM system interfaces between one or more customers and an ecommerce business entity, and wherein the IM system recognizes the ecommerce business entity as a valid instant messaging system identity; binding the ecommerce business entity identity to one or more back-office management systems within the ecommerce business entity;
Belcher [0010] Moreover, the online marketplace may further include a process by which a user can converse with a live agent and/or chat bot that allows for assistance using the platform, including finding items, receiving item information and parameters (e.g., advice on size, colors, etc.), recommendation of certain items, and/or checkout and purchase of items.
Belcher [0024] Client device 110 may be utilized by a user to interact with a merchant through an online merchant marketplace, such as a shopping and purchasing platform provided by agent device 120. During browsing, the user may request assistance from an agent of the merchant, where a chat or communication session (e.g., instant messaging, online chat rooms, VoIP connections, video and/or text data exchange, and the like) may be formed between client device 110 and agent device 120.
detecting a product in an instant messaging thread between the ecommerce business entity and the one or more customers;
Belcher [0052] For example, client device 110 includes an interface 1000 and agent device 120 includes an interface 1100, where interfaces 1000 and 1100 may correspond to GUIs of computing devices used for viewing user interfaces, interacting with applications, viewing item data and dynamically rendered interface elements, and engaging in communication sessions with other users. In this regard, interface 1000 of client device 110 includes a chat window 1002 where a user may be engaging in an online chat session with a merchant or merchant's agent for agent device 120 over connection 1200.
Belcher [0053] Chat window 1002 may be initiated based on a help or assistance request by the user of client device 110 when that user requires assistance for the merchant or agent. The assistance may include asking for input or advice, finding an item, requesting item parameter information, asking about benefits or prices, requesting refunds or recommendation, or other desired information. Thus, the merchant or agent may utilize chat window 1102 displayed in interface 1100 to respond to this request for assistance through the chat session, which may include text, video, and/or image exchange. For example, in a chat box 1014 in chat window 1002, the user of client device 110 may initially propose a request 1016 for the assistance from the merchant or agent, shown as “I want blue shoes from merchant A” (e.g., a question, request statement, query, etc.). The merchant or agent may view this request 1016 in chat box 1108 of chat window 1102, which shows user text 1110 having the same message.
Belcher [0054] After viewing user text 1110 in chat box 1108, the agent may perform a search for the specific request of the user. …
Belcher [0063] For example, the user may state, “I want blue shoes from merchant A,” which may trigger generation of an interface element on the agent's device (in this example the interface element may be specific to the particular item or in other embodiments may not be specific to the particular item). The interface element for the agent's device may be dynamically rendered within the chat instance, such as in a window or interface of the chat, or elsewhere (e.g., in another application, a toolbar, or the like).
creating a product description page (PDP) by at least one of the one or more back-office management systems, based on the detecting a product (i.e. accessing merchant inventory based on provided item description – retrieved information displayed on agent interface 1100); providing a PDP link for the PDP, by the at least one of the one or more back-office management systems, to the ecommerce business entity ((i.e. checkout interface elements); sending the PDP link, by the ecommerce business entity, to the one or more customers, using the IM system (i.e. product information and checkout elements provided on client interface 110, provided in response to agent sending item to client);
Belcher [0055] In order to access item data for item 1004, an online merchant inventory and/or marketplace system may be accessed to retrieve the data. …Thus, after item data for item 1004 is located by the merchant or agent within chat window 1102, where item 1004 may be desired to be purchased by the user (including the specific parameters of item 1004, such as the color “blue” requested by the user), agent device 120 may request pushing or transmission of a checkout interface element for item 1004 within chat window 1002 by a merchant server that assists in electronic transaction processing for item 1004…. Once checkout window 1104 is determined for agent device 120, the merchant or agent may respond in chat box 1108 with a message 1112 “Okay! Is this what you want?” Chat 1014 of client device 110 shows the message as merchant reply 1018, which allows the user to view the message 1112. Moreover, the merchant or agent may then request transmission of item 1004 from the merchant server to client device 110.
Belcher [0056] Item transmission interface element 1114 may be automatically populated within chat window 1102 when the merchant server detects chat window 1102 or otherwise determines that the merchant or agent would like to request item 1004 to client device 110. However, in other embodiments, item transmission interface element 1114 may correspond to a tool or other interface option/element that may be present within chat window 1102 to transmit the interface element to checkout and purchase item 1004 to client device 110. When item transmission interface element 1114 is selected, the merchant server may generate a checkout interface element for a checkout and purchase process in chat window 1002 of client device 110. In order to generate this, item data may be fetched or retrieved from the online merchant inventory system if the data is not already received by the merchant system. This may include a checkout page or interface or an executable process to automatically process a payment for item 1004 on selection.
Belcher [0057] Chat window then displays a checkout interface element 1012 that includes item 1004 showing an image 1006, a price 1008, and a color parameter 1010 (of “blue” as requested by the user). Other details of item 1004 (not shown) may also be presented, such as size, shipping information, item rating, and the like
collecting one or more responses from the one or more customers, using the IM system; and
Becher [0059] Client device 110 executes payment application 112 used to communicate with agent device 120 for assistance with one or more items for purchase, where payment application 112 corresponds generally to application discussed in reference to system 100. In this regard, payment application 112 includes user chat data 2000 for an online communication session with agent device 120, where user chat data may include text, images, video, hyperlinks and/or executable processes for navigation, and/or dynamically rendered interface elements to process or complete certain operations, such as checkout processes for items.
Belcher [0064] The checkout interface element may correspond to displayable data within an interface, where selection of the element initiates a process to purchase the item. The process to purchase the item may correspond to a checkout page and/or digital cart or may correspond to a one-touch or one-click process that automatically purchases the item using a payment instrument of the user without user authentication or information (e.g., through a “stay logged in” process or authentication process that requires less or no entry of input by a user). Prior to step 406, an option step 405 may include determining item parameters for the item, including size, color, amount, etc. This may be based on user preferences, past purchases, and the like, or based on user/agent input and/or information in the chat.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element.
managing products, by the ecommerce business, based on the PDP and one or more responses from the one or more customers, using the one or more back-office management systems.
Belcher [0065] Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Regarding Claim 2, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: wherein the back-office management system comprises an inventory management system.
Belcher [0064] At step 404, item data for the item with an online merchant inventory system is accessed, where the item data may correspond to item information necessary to process a purchase of the item by a user, merchant, and/or transaction processor (e.g., price, item identifier, etc.). The online merchant inventory system may be accessed through a merchant marketplace or may correspond to other platforms and databases for the merchant that may be available to be queried by an API of the transaction processor for item data.
Regarding Claim 3, Belcher, as shown above, discloses the limitations of claim 2, and further discloses: wherein the inventory management system generates the PDP.
Belcher [0064] At step 404, item data for the item with an online merchant inventory system is accessed, where the item data may correspond to item information necessary to process a purchase of the item by a user, merchant, and/or transaction processor (e.g., price, item identifier, etc.). The online merchant inventory system may be accessed through a merchant marketplace or may correspond to other platforms and databases for the merchant that may be available to be queried by an API of the transaction processor for item data.
Belcher, Fig. 2, displayed item data
Regarding Claim 6, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: wherein the PDP is created by an inventory management back-office system.
Belcher [0064] At step 404, item data for the item with an online merchant inventory system is accessed, where the item data may correspond to item information necessary to process a purchase of the item by a user, merchant, and/or transaction processor (e.g., price, item identifier, etc.). The online merchant inventory system may be accessed through a merchant marketplace or may correspond to other platforms and databases for the merchant that may be available to be queried by an API of the transaction processor for item data.
Belcher, Fig. 2, displayed item data
Regarding Claim 7, Belcher, as shown above, discloses the limitations of claim 6, and further discloses: wherein the one or more responses initiate a transaction by an order management back-office system.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element. In some embodiments, account information, authentication, and/or other necessary payment processing data may be previously stored and set for an automatic checkout. However, in other embodiments, the purchase select may include navigation to a digital shopping cart and/or checkout interface, where the user may be required to enter payment information. Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Regarding Claim 8, Belcher, as shown above, discloses the limitations of claim 7, and further discloses: further comprising confirming, through the IM system, any product order contained in the one or more responses.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element. In some embodiments, account information, authentication, and/or other necessary payment processing data may be previously stored and set for an automatic checkout. …. Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Regarding Claim 9, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: wherein the detecting is based on a product photo, a product video, or a product description.
Belcher [0012] The other available data may also include the chat data, such as a communication, text, and/or image log of data from the chat session that includes keywords, images, or other data used to determine the particular item of interest to the user.
Belcher [0051] FIG. 2 is an exemplary user interface where users may receive dynamically rendered interface elements for checkout data, according to an embodiment. Environment 200 of FIG. 2 includes client device 110 and agent device 120 discussed in reference to system 100 of FIG. 1. In this regard, client device 110 and agent device 120 may interact over an online communication session, such as a text, video, and/or other data exchange where messages may be exchanged between users, merchants, and/or agents (including chat bots) of merchants. In this regard, one or more dynamically rendered interface elements may be presented on client device 110 and/or agent device 120 by a merchant server, such as merchant server 130, during the communication session based on currently viewed data, transmission requests, chat log data, and other information, which may be used to initiate and complete a checkout process for an item.
Belcher [0054] After viewing user text 1110 in chat box 1108, the agent may perform a search for the specific request of the user. In some embodiments, a screen sharing operation may be performed or data of the currently viewed item by the user on client device 110 may be displayed. For example, client device 110 may be used to find item data for an item 1004, such as by browsing an online merchant marketplace through an application and locating items of interest to the user. Thus, an item 1004 may previously have been located by the user, where the user is requesting help for item 1004 from agent device 120. This may include requesting item 1004 in “blue” as noted in request 1016 and user text 1110, or otherwise help with the size, type, amount, price, or other detail or parameter of item 1004. However, in other embodiments, client device 110 may not have any data of a currently viewed item and the merchant or agent may be required to locate the item based on user text 1110 and/or other data, chat bot rules, item information, search engines, and the like.
Regarding Claim 10, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: further comprising suggesting, by the one or more back-office systems, a product description, based on the detecting.
Belcher [0057] Chat window then displays a checkout interface element 1012 that includes item 1004 showing an image 1006, a price 1008, and a color parameter 1010 (of “blue” as requested by the user). Other details of item 1004 (not shown) may also be presented, such as size, shipping information, item rating, and the like.
Regarding Claim 11, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: further comprising providing, by the one or more back-office systems, a checkout link, based on the one or more responses in the instant messaging thread.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element. In some embodiments, account information, authentication, and/or other necessary payment processing data may be previously stored and set for an automatic checkout. However, in other embodiments, the purchase select may include navigation to a digital shopping cart and/or checkout interface, where the user may be required to enter payment information. Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Regarding Claim 12, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: wherein the back-office management system comprises an order management system.
Belcher [0061] Merchant server 130 executes transaction processing application 132 used to communicate with client device 110 and agent device 120 to dynamically render interface elements for use during online communication sessions, where transaction processing application 132 corresponds generally to the application discussed in reference to system 100. To send an interface element, transaction processing application 132 may execute checkout process 2200 to generate a process by which an item may be purchased through a checkout interface element during chat 2002.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element. In some embodiments, account information, authentication, and/or other necessary payment processing data may be previously stored and set for an automatic checkout. However, in other embodiments, the purchase select may include navigation to a digital shopping cart and/or checkout interface, where the user may be required to enter payment information. Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Regarding Claim 13, Belcher, as shown above, discloses the limitations of claim 12, and further discloses: wherein the order management system collects an order from the one or more responses.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element. In some embodiments, account information, authentication, and/or other necessary payment processing data may be previously stored and set for an automatic checkout. However, in other embodiments, the purchase select may include navigation to a digital shopping cart and/or checkout interface, where the user may be required to enter payment information. Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Regarding Claim 14, Belcher, as shown above, discloses the limitations of claim 13, and further discloses: wherein the order is based on a reply, included in the one or more responses, to the PDP link.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element. In some embodiments, account information, authentication, and/or other necessary payment processing data may be previously stored and set for an automatic checkout. However, in other embodiments, the purchase select may include navigation to a digital shopping cart and/or checkout interface, where the user may be required to enter payment information. Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Regarding Claim 18, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: wherein the PDP comprises multiple products.
Belcher [0018] In some embodiments, the agent may also wish to provide a recommendation for a second item for purchase with the first item. For example, if the user is attempting to buy running shoes, the user may also have interest in socks or running pants. The agent may therefore provide a second item for recommending to the user with the first item. The second item's data may be therefore retrieved for the recommendation. The checkout interface element may be generated and/or updated (if already displayed on the user's device) based on the second item data. However, another different checkout interface element for the second recommended item may also be generated and dynamically rendered on the user's device. The different checkout interface element for the second item may include an executable process to complete a checkout and purchase of the second item alone or with the first item. The different checkout interface element's executable process may also add the second item to the first item's checkout interface element so that a checkout and purchase through the first item's interface element then processes and purchases both items. In some embodiments, the second item's data may also include advertisements, promotions, and/or videos of the second item that may showcase the product and/or promotions for purchase of the product. In this regard, the agent may further be provided functionality to push or send the videos or other data, either with the second item's checkout interface element or separately, to the user so that the user may view the additional information as part of their checkout experience. This may assist in promoting the second item, for example, by sending short rich media videos that highlights the second item for potential purchase.
Becher [0037] In some embodiments, sales application 122 may also be used to request generation of another interface element associated with a recommendation to the user based on the first item of interest to the user (e.g., an accompanying item or an item that may be predicted by the agent or a sales bot on purchases by other users).
Regarding Claim 21, Belcher, as shown above, discloses the limitations of claim 18, and further discloses: 21. The method of claim 18 wherein the multiple product PDP is based on more than one response.
Belcher [0018] In some embodiments, the agent may also wish to provide a recommendation for a second item for purchase with the first item. For example, if the user is attempting to buy running shoes, the user may also have interest in socks or running pants. The agent may therefore provide a second item for recommending to the user with the first item. The second item's data may be therefore retrieved for the recommendation. The checkout interface element may be generated and/or updated (if already displayed on the user's device) based on the second item data. However, another different checkout interface element for the second recommended item may also be generated and dynamically rendered on the user's device. The different checkout interface element for the second item may include an executable process to complete a checkout and purchase of the second item alone or with the first item. The different checkout interface element's executable process may also add the second item to the first item's checkout interface element so that a checkout and purchase through the first item's interface element then processes and purchases both items. In some embodiments, the second item's data may also include advertisements, promotions, and/or videos of the second item that may showcase the product and/or promotions for purchase of the product. In this regard, the agent may further be provided functionality to push or send the videos or other data, either with the second item's checkout interface element or separately, to the user so that the user may view the additional information as part of their checkout experience. This may assist in promoting the second item, for example, by sending short rich media videos that highlights the second item for potential purchase.
Belcher [0037] In some embodiments, sales application 122 may also be used to request generation of another interface element associated with a recommendation to the user based on the first item of interest to the user (e.g., an accompanying item or an item that may be predicted by the agent or a sales bot on purchases by other users). Further, sales application 122 may be utilized to send or push short rich media videos and/or other promotional data to showcase the recommendation to the user through client device 110. Sales application 122 may further enable the merchant to enter coupons and/or discounts for the items, edit the order including adding, removing, and/or modifying items, or other functions with regards the selected items in the purchase and provided through the checkout interface element.
Belcher [0048] Additionally, merchant server 130 includes database 136. Database 136 may store various identifiers associated with client device 110. Database 136 may also store account data, including payment instruments and authentication credentials, as well as transaction processing histories and data for processed transactions. Database 136 may store received data associated with a user, such as tracked data of the user so that correlations between locations and activities may be generated. In some embodiments, one or more chat logs, user preferences, and/or merchant item data may be stored to database 136 for use in generating interface elements for checkout processes. Additionally, database 136 may store transaction data provided to client device 110.
see also Belcher [0057]
Regarding Claim 22, Belcher discloses: A computer program product embodied in a non-transitory computer readable medium for product management, the computer program product comprising code which causes one or more processors to perform operations (Belcher, claim 1, Fig. 1/5). See also rejection of claim 1, which recited limitations analogous to those presented with respect to claim 22.
Regarding Claim 23, Belcher discloses: A computer system for product management comprising: a memory which stores instructions; one or more processors coupled to the memory wherein the one or more processors, when executing the instructions which are stored, are configured to:… (Belcher, claim 1, Fig. 1/5). See also rejection of claim 1, which recited limitations analogous to those presented with respect to claim 23.
Claim Rejections - 35 USC § 103
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.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher et al. (20210201380 A1) in view of Ranasinghe et al. (US 20170076352).
Regarding Claim 4, Belcher, as shown above, discloses the limitations of claim 1, and further discloses: wherein the instant messaging thread is detected based on a [image] of the product included in the thread.
Belcher [0012] The other available data may also include the chat data, such as a communication, text, and/or image log of data from the chat session that includes keywords, images, or other data used to determine the particular item of interest to the user.
Belcher, as shown above, discloses the inclusion of an image in the thread, which strongly suggests, but does not explicitly state that the image is a photo.
Ranasinghe more explicitly discloses that product images shared via instant messages can be photos (Ranasinghe [0004] disclosing forwarding photographs of item via instant messaging).
Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of the photo of Ranasinghe for the image of Belcher. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Regarding Claim 5, the combination of Belcher and Ranasinghe, as shown above, discloses the limitations of claim 4, and further discloses: further comprising adding, to the instant messaging thread, additional product details.
Belcher [0010] Moreover, the online marketplace may further include a process by which a user can converse with a live agent and/or chat bot that allows for assistance using the platform, including finding items, receiving item information and parameters (e.g., advice on size, colors, etc.), recommendation of certain items,
Belcher [0012] The other available data may also include the chat data, such as a communication, text, and/or image log of data from the chat session that includes keywords, images, or other data used to determine the particular item of interest to the user.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher et al. (20210201380 A1) in view of Melzer (US 20220172246).
Regarding Claim 15, Belcher, as shown above, discloses the limitations of claim 14, and further discloses: wherein the [message] is processed by natural language processing.
Belcher [0014] This may also be based on decision and/or business rules, which allow for determination of a particular item of interest based on the chat session. The chat bot may determine to transmit the request based on particular words or information entered by the user during the chat session.
Belcher, as shown above, discloses communication between two devices via instant message, where NLP is utilized to process input text and a link is ultimately selected to actuate a purchase. Melzer more explicitly discloses that the generation of the purchase link is based on NLP of the reply. See Melzer Fig. 3A, [0017], [0059], [0078].
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Melzer to Belcher would have yielded predictable results and resulted in an improved system capable of refining product order requests through instant messaging interfaces.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher et al. (20210201380 A1) in view of Smith et al. (US 20100179871 A1).
Regarding Claim 16, Belcher, as shown above, discloses the limitations of claim 13, and further discloses: wherein the order is based on [information], included in the one or more responses, detailing customer contact information, product information, and quantity information.
Belcher [0016] In some embodiments, content for the item of interest may include selectable options or configurable parameters, such as different sizes, colors, amounts or number, or other characteristic. Thus, the item data may include multiple different options or items that are required to be selected when checking out and purchasing the item
Belcher [0020]. The account creation details may include identification information to establish the account, such as personal information for a user, business or merchant information for an entity, or other types of identification information including a name, address, and/or other information. The user may also be required to provide financial information, including payment card (e.g., credit/debit card) information, bank account information, gift card information, benefits/incentives, and/or financial investments, which may be used to process transactions after identity confirmation.
Belcher [0022] In further embodiments, the user may request processing a split payment with multiple parties. In such embodiments, a transaction processor for the split transaction may provide an invoice to the parties involved in the split transaction and payment, where the transaction processor may separately process payments for the individual portions of the split transaction with each party. For example, after the agent pushes the checkout interface element to the original user, that user may request to split the checkout payment with one or more other users, such as a parent, friend, or other associated user. The user may therefore provide account names, identifiers, phone or email contacts, or other information, as well as a percentage or amount split with each other party in the split transaction. The transaction processor may generate an invoice that may be split and shared with the identified parties, where each party receives a notification of the split transaction and amount due, and thereafter process a payment through the transaction processor to the merchant for their owed amount. Once all payments have been satisfied and the total amount paid, the agent and/or merchant may receive notification and a token representing fulfillment of the transaction payment, where the split transaction may then be moved to completion.
Belcher [0065] Thus, at step 410, a purchase selection of the item is received via the checkout interface element. This may include selecting the option within the interface element. In some embodiments, account information, authentication, and/or other necessary payment processing data may be previously stored and set for an automatic checkout. However, in other embodiments, the purchase select may include navigation to a digital shopping cart and/or checkout interface, where the user may be required to enter payment information. Thereafter, at step 412, a purchase of the item is processed with the merchant inventory system. Thus, the transaction processor system requests processing of the purchase with the backend merchant system to complete payment, ordering, and other requirements to have the item purchased and obtained by the user.
Belcher, as shown above, discloses the incorporation of various information about an item of interest. Smith more explicitly discloses that content can be provided by using a copy/paste function within an instant messaging session.
Smith [0003] A user may paste product information via text or URL into an email, Instant Message, etc.
Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of the copy/paste input function of Smith for the typing input of Belcher. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher et al. (20210201380 A1) in view of Bata (US 20030097364 A1)
Regarding Claim 17, Belcher, as shown above, discloses the limitations of claim 13, and further discloses: further comprising … a back-office inventory management system, by the order management system, based on the order that was collected.
Belcher [0015] In order to retrieve the item data for the item of interest used to generate the interface element(s), the item data may be accessed from an online merchant inventory for the merchant and/or marketplace platform. For example, an API of the service provider that interfaces with the chat session and a backend merchant inventory system may be capable of receiving API calls to generate the interface element on the agent's and/or user's device.
Belcher [0038] Database 124 may also further store received transaction data, as well as data for generating interface elements, such as merchant item and sales data, inventory information, sales and discounts, and the like.
Belcher, as shown above, discloses interaction with an inventory management system, and the receipt of sales data, which strongly suggests that the inventory is updated based on order information.
Bata more explicitly discloses that inventory is updated based on received order information (Bata [0030] The purchase order could be added to the database 140A and an inventory management system 140C (shown as a custom application) could be updated to reflect the quantities ordered in the received purchase order.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of updating inventory infrmation, as in Bata, in the inventory management system, as in Belcher, would have yielded predictable results and resulted in improved tracking of item availability capabilities when identifying and recommending products to clients for purchase (see Bata [0008]).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher et al. (20210201380 A1) in view of Remler (US 20020077906 A1)
Regarding Claim 19, Belcher, as shown above, discloses the limitations of claim 18, and further discloses: wherein the multiple products comprise a campaign….
Belcher [0018] In some embodiments, the agent may also wish to provide a recommendation for a second item for purchase with the first item. For example, if the user is attempting to buy running shoes, the user may also have interest in socks or running pants. The agent may therefore provide a second item for recommending to the user with the first item. The second item's data may be therefore retrieved for the recommendation. The checkout interface element may be generated and/or updated (if already displayed on the user's device) based on the second item data. However, another different checkout interface element for the second recommended item may also be generated and dynamically rendered on the user's device. The different checkout interface element for the second item may include an executable process to complete a checkout and purchase of the second item alone or with the first item. The different checkout interface element's executable process may also add the second item to the first item's checkout interface element so that a checkout and purchase through the first item's interface element then processes and purchases both items. In some embodiments, the second item's data may also include advertisements, promotions, and/or videos of the second item that may showcase the product and/or promotions for purchase of the product. In this regard, the agent may further be provided functionality to push or send the videos or other data, either with the second item's checkout interface element or separately, to the user so that the user may view the additional information as part of their checkout experience. This may assist in promoting the second item, for example, by sending short rich media videos that highlights the second item for potential purchase.
Becher [0037] In some embodiments, sales application 122 may also be used to request generation of another interface element associated with a recommendation to the user based on the first item of interest to the user (e.g., an accompanying item or an item that may be predicted by the agent or a sales bot on purchases by other users).
Belcher, as shown above, discloses the generation of elements for display for multiple items (e.g., a requested item and a recommended item) and that one of more of the items may be associated with a promotion, which strongly suggests a campaign theme.
Remler discloses a method and system for cross-promoting products or services using an interactive medium. Remler more explicitly discloses that a promotional campaign (i.e. recommended product) may be based on a theme.
Remer [0013] enables a consumer to interact with the first presentation and which is adapted to present a second presentation promoting a secondary product or service that enables the consumer to interact with the second promotion, and wherein, the primary product or service and the secondary product or service are related to each other or are related to a common theme. )
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of promoting products based on a common theme, as in Remier, in the promotion of recommended products, as in Belcher, would have yielded predictable results and resulted in improved provision of content and increased customer participation in promoted (i.e. recommended) content (see Remier abstract).
Regarding Claim 20, Belcher, as shown above, discloses the limitations of claim 19, and further discloses: wherein the campaign … is created by the one or more back- office systems.
Belcher [0018] In some embodiments, the agent may also wish to provide a recommendation for a second item for purchase with the first item. For example, if the user is attempting to buy running shoes, the user may also have interest in socks or running pants. The agent may therefore provide a second item for recommending to the user with the first item. The second item's data may be therefore retrieved for the recommendation. The checkout interface element may be generated and/or updated (if already displayed on the user's device) based on the second item data. However, another different checkout interface element for the second recommended item may also be generated and dynamically rendered on the user's device. The different checkout interface element for the second item may include an executable process to complete a checkout and purchase of the second item alone or with the first item. The different checkout interface element's executable process may also add the second item to the first item's checkout interface element so that a checkout and purchase through the first item's interface element then processes and purchases both items. In some embodiments, the second item's data may also include advertisements, promotions, and/or videos of the second item that may showcase the product and/or promotions for purchase of the product. In this regard, the agent may further be provided functionality to push or send the videos or other data, either with the second item's checkout interface element or separately, to the user so that the user may view the additional information as part of their checkout experience. This may assist in promoting the second item, for example, by sending short rich media videos that highlights the second item for potential purchase.
Becher [0037] In some embodiments, sales application 122 may also be used to request generation of another interface element associated with a recommendation to the user based on the first item of interest to the user (e.g., an accompanying item or an item that may be predicted by the agent or a sales bot on purchases by other users).
Becher [0023] It can be appreciated that the devices and/or servers illustrated in FIG. 1 may be deployed in other ways and that the operations performed and/or the services provided by such devices and/or servers may be combined or separated for a given embodiment and may be performed by a greater number or fewer number of devices and/or servers. One or more devices and/or servers may be operated and/or maintained by the same or different entities.
Remler, as shown above, discloses that a promotional campaign (i.e. recommended product) may be based on a theme.
Remler [0013] enables a consumer to interact with the first presentation and which is adapted to present a second presentation promoting a secondary product or service that enables the consumer to interact with the second promotion, and wherein, the primary product or service and the secondary product or service are related to each other or are related to a common theme. )
See parent claim 19 for rationale to combine.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Melzer (US20170011383 A1) disclosing use of an agent via an instant messaging service.
Subbarayan et al. (US 20180183737 A1) disclosing purchase from a merchant via chat, wherein purchases are verified and confirmed via text input.
Shah (US 20060129455 A1), disclosing sending a hyperlink to a user based on received product information.
Zhang (US 20170099239), discloses various links provided to a user ( link to product (vido clip), link to purchase, link to confirm)
Glazier (US 20180293603 A1) and Glazier (US20190347685 A1), disclosing generation of a referral link (Fig. 2, [0055], Fig. 7)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY J FLYNN whose telephone number is (571)272-9855. The examiner can normally be reached Monday - Friday 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Trammell can be reached at 571-272-6712. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABBY J FLYNN/ Patent Examiner, Art Unit 3663
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