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 .
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-4 are rejected under 35 USC 101 because the claimed invention is directed to an abstract idea without adding significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to either a practical application of the abstract idea or significantly more than the abstract idea itself. Groupings of abstract ideas include: Mathematical Concepts, Mental Processes and Certain Methods of Organizing Human Activity.
Certain Methods of Organizing Human Activity include:
Fundamental economic principles or practices,
Commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and
Managing personal behavior or relationships or interaction between people (including social activities, teaching and following rules or instructions).
Mathematical Concepts
Mathematical relationships
Mathematical formulas
Mathematical calculations
Mental Processes
Concepts performed in the human mind (including an observation, evaluation, judgement, opinion)
Step 1
In the instant case, claim 1 is directed to a process managed by a computer system. Analysis of claim 1 applies to analysis of claims 2-4.
Step 2A Revised (First Prong)
Determine whether claim 1 is directed to a judicial exception. Elements of an abstract idea are underlined. See Analysis.
Step 2A Revised (Second Prong)
Determine whether claim 1 has additional elements (in italics) integrated into a practical application:
a) requires an additional element or a combination of elements in the claim to apply, rely on, or use the judicial exception in a manger that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception; and
b) uses the considerations laid out by the Supreme Court and the Federal Circuit to evaluate whether the judicial exception is integrated into a practical application.
See Analysis.
Step 2B (Revised)
In Step 2B, evaluate whether claim 1 recites additional elements that amount to an inventive concept that adds significantly more than the recited judicial exception. See Analysis.
Analysis
In Claim 1:
A retail system, including:
an online ordering system for receiving order information from a customer, where said order information relates to an order from said customer, said order information includes data specifying a first pickup time for said order;
a plurality of automated retail store systems located at different retail sites, each said automated retail store system being adapted to store a variety of different items; and
a retail management system for receiving said order information from said online ordering system, and based on said order information, controlling the operation of a said automated retail store system selected by said customer for said order;
wherein said online ordering system is configured to:
determine that a required quantity for an ordered item for said order exceeds an actual quantity of said ordered item at the selected said automated retail store system;
retrieve a restocking time estimate representing an estimated amount of time required for restocking at least said required quantity of said ordered item to the selected said automated retail store system;
determine whether said first pickup time occurs before said restocking time estimate; and
in response that said first pickup time occurs before said restocking time estimate, prompt said customer to select a second pickup time which is later than said first pickup time;
the selected said automated retail store system, under the control of said retail management system, is configured to perform operations based on said order information, including:
retrieving one or more stored items corresponding to the items identified in said order information,
determining a scheduled time period before said second pickup time, and
controlling, based on checking an availability of locker compartments during said scheduled time period, the selected said automated retail store system to place the retrieved items into an available said locker compartment that is only accessible after verification of said customer.
Under Step 2A (1st & 2nd prongs) claim 1 executes methods that are directed to abstract ideas comprising processes that can be executed by a human while following a procedure that organizes human activity related to commercial interactions using conventional computing elements.
No evidence of an improvement to the functioning of a computer, or to any other technology or technical field.
No evidence exists in the instant specification or claims of a particular machine.
No evidence exists of a transformation or reduction of a particular article to a different state or thing.
The claim does not go beyond generally linking the use of the judicial exception to a particular technological environment, e.g. processor, device.
Under Step 2B, claim 1 does not recite additional elements that amount to inventive concepts that are “significantly more” than the recited judicial exception. “Automated retail store system” lacks claim language that provides some level of detail beyond generalities that actually automate the retrieval of purchased items from inventory. The Courts have routinely found conventional computer processing functions (e.g. sending/receiving data, formatting data, storing data, retrieving data, manipulating data, calculating, searching data, displaying data, organizing data) insignificant to transform an abstract idea into a patent-eligible invention. See Alice, 134 S. Ct. at 2360. As such, the claims amount to nothing significantly more than an instruction to implement the abstract idea across a generic computer network which is not enough to transform an abstract idea into a patent-eligible invention.
The elements of the instant process, when taken in combination, together do not offer substantially more than the sum of the functions of the steps when each is taken alone. That is, the steps involved in the recited process undertake their roles in performance of their activities according to their generic functionalities which are well-understood, routine and conventional. The elements together execute in routinely and conventionally accepted coordinated manners and interact with their partner elements to achieve an overall outcome which, similarly, is merely the combined and coordinated execution of generic computer functionalities which are well-understood, routine and conventional activities previously known to the industry.
Conclusion
Accordingly, the examiner concludes there are no meaningful limitations in claims 1-4 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself.
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.
Claims 1-4 are rejected under 35 USC 103 as being unpatentable over Kim, US 8,401,914, in view of Zhang et al., US 2021/0117875 “Zhang.”
In Kim see at least (underline text is for emphasis):
Regarding claim 1: A retail system, including:
an online ordering system for receiving order information from a customer, where said order information relates to an order from said customer, said order information includes data specifying a first pickup time for said order;
(Kim: D19: col. 10, lines 42-55) After the customer enters the retail store, the customer browses through products displayed in the customer shopping area of the store. Once the customer identifies a product of interest, the customer can scan the unique product identification code in the form of a QR code associated with that product using the customer's mobile device. Upon scanning, the mobile application sends an electronic communication or a variation product information request to a remote computer system of the retail store to request information of variation products of the product associated with the unique product identification code. Upon receiving a variation product information request, the computer system of the retail store initiates searching of the retail store's database for information of product variations.
(Kim: D73: col. 18, lines 25-34) FIG. 5 depicts inputting a product information code 400 into a mobile device 500 by a customer. In certain embodiments, a customer can scan or otherwise input a product identification code 400 into a mobile application of a mobile device 500 to identify the product associated with the product identification code 400. In some embodiments, a customer can use a camera on the customer's mobile device 500 to take a picture of and scan in the product information code 400. In other embodiments, a customer can otherwise type in the product identification code 400. Please note: Using an application on a user’s mobile phone to access a remote system over a communications network qualifies as using an online ordering system.
(Kim: D79: col. 19, lines 28-36) In some embodiments, the mobile application 600 displays products that are currently available for sale at the particular retail store as opposed to others. In other embodiments, the mobile application 600 displays products that are not available for sale at the particular retail store, but are available for pick-up or delivery at a later time from the merchant associated with the retail store as opposed to others. In any event, from the mobile application 600, a user or customer can easily and quickly browse through various products. Please note: For in-store shopping, there is an expectation by the shopper that a desired item for purchase would be picked up while the user/customer is in the store, see Fig. 6 (603, 605). This qualifies as a first pick-up time desired by the user/customer. For situations where the item is out-of-stock the first pick-up time is not available, see Fig. 6 (607).
(Kim: D81: col. 19, lines 46-54) In other embodiments, the user or customer can instruct the mobile application 600 to display available options regarding a particular displayed product 602, 604, 606. In some embodiments, such options can include locating the product within the customer shopping area of the retail store, requesting pick-up of an item that is available in the non-customer storage area, purchasing online, purchasing on the mobile application, requesting delivery of the item, and requesting pick-up of the item at a later time, among others.
a plurality of automated retail store systems located at different retail sites, each said automated retail store system being adapted to store a variety of different items; and
(Kim: D22: col. 11, lines 24-27) In other embodiments, the computer system causes an automated product retrieval system to locate the product in the non-customer storage area and deliver the product to the pick-up area with or without human interactions.
(Kim: D45: col. 14, lines 39-42) … In yet another embodiment, upon inputting the pick-up confirmation code or page, an automated system can use the information to locate and deliver the selected product to the pick-up area. Please note: Sufficient evidence exists to qualify Kim’s retail store as an automated retail store.
(Kim: D80: col. 19, lines 37-45) In some embodiments, the user or customer can instruct the mobile application 600 to further display more detailed information about a displayed product 602, 604, 606. In certain embodiments, detailed information can include price, availability at the retail store, location of the item within the retail store, availability at other retail stores of the same franchise (the same merchant), product configurations, product specification, product usage, customer reviews, and professional reviews, among others. Please note: Sufficient evidence exists to qualify Kim’s franchised retail stores as automated retail stores.
a retail management system for receiving said order information from said online ordering system, and based on said order information, controlling the operation of a said automated retail store system selected by said customer for said order;
(Kim: D22: col. 11, lines 24-35) In other embodiments, the computer system causes an automated product retrieval system to locate the product in the non-customer storage area and deliver the product to the pick-up area with or without human interactions. Meanwhile, after sending the request to the computer system, the mobile application generates a pick-up request confirmation code in the form of a QR code and sends the pick-up request confirmation code to the computer system. In some embodiments, upon receiving a product retrieval request, the computer system further estimates the time required to locate and deliver the product to the pick-up area and sends the estimated time to the mobile application.
wherein said online ordering system is configured to:
determine that a required quantity for an ordered item for said order exceeds an actual quantity of said ordered item at the selected said automated retail store system;
(Kim: D40: col. 13, line 62-col. 14, line 3) In an embodiment where the selected item is currently out of stock or is otherwise unavailable for sale at that particular retail store as represented by block 122, the mobile device or application can display further options and information to the customer at block 124. For example, in some embodiments, the mobile device or application estimates when the selected product will be available for sale or in-stock. In other embodiments, the mobile device or application allows the user to select delivery or pick-up options at a later time. Please note: Determination is made that a required quantity exceeds the quantity in stock. For example, if the quantity is one item, the system knows that at least one of the item needs to be reordered.
(Kim: D66: col. 17, lines 18-34) In an embodiment, the store merchandise database includes information of products that are available for sale at that particular retail store. In one embodiment, the store merchandise database may also include information of products that were previously available for sale or will be available for sale in the future at the particular retail store. In one embodiment, the store merchandise database may further include products that are currently unavailable for sale at the store but are available for pick-up or delivery at a later time. In yet one embodiment, the store merchandise database includes products that are temporarily or permanently out of stock at a particular retail store. The store merchandise database can be comprehensive including all products or can be selective and only include some subgroup of the products being offered for sale at a store. This subgroup can be for any particular type(s) of product, by the date the database is updated, or any random selection.
retrieve a restocking time estimate representing an estimated amount of time required for restocking at least said required quantity of said ordered item to the selected said automated retail store system;
(Kim: D40: col. 13, line 66-col. 14, line1) … For example, in some embodiments, the mobile device or application estimates when the selected product will be available for sale or in-stock. Please note: For example, if the quantity of the item is one, the system knows that at least one of the items needs to be restocked.
determine whether said first pickup time occurs before said restocking time estimate; and in response that said first pickup time occurs before said restocking time estimate, prompt said customer to select a second pickup time which is later than said first pickup time;
(Kim: D40: col. 14, lines 1-3) … In other embodiments, the mobile device or application allows the user to select delivery or pick-up options at a later time.
(Kim: D81: col. 19, lines 46-54) In other embodiments, the user or customer can instruct the mobile application 600 to display available options regarding a particular displayed product 602, 604, 606. In some embodiments, such options can include locating the product within the customer shopping area of the retail store, requesting pick-up of an item that is available in the non-customer storage area, purchasing online, purchasing on the mobile application, requesting delivery of the item, and requesting pick-up of the item at a later time, among others. Please note: In this context, requesting pick-up of the item at a later time due to lack of product availability is designated as a second pick-up time.
the selected said automated retail store system, under the control of said retail management system, is configured to perform operations based on said order information, including:
(i) retrieving one or more stored items corresponding to the items identified in said order information,
(Kim: D45: col. 14, lines 39-45) … In yet another embodiment, upon inputting the pick-up confirmation code or page, an automated system can use the information to locate and deliver the selected product to the pick-up area. In another embodiment, the pick-up area has shelves upon which items requested for pick-up are placed after an employee locates the item in the non-customer area. Please note: The automated system likewise delivers to shelves.
(Kim: D101: col. 23, lines 16-20) … In some such embodiments, a text message or other communication is sent to the mobile device from the store computing system when a requested item is available for pick-up on shelves within the pick-up area.
(ii) determining a scheduled time period before said second pickup time, and
Rejection is based in part upon the teachings applied to claim 1 by Kim and further upon the combination of Kim-Zhang. Although Kim’s automated retail store a) allows the user an option to pick-up a product a later time due to lack of product availability, and b) places purchased items on shelves in a customer pick-up area using automated means, Kim does not expressly mention techniques that determine a scheduled time period before said second pickup time. Zhang on the other hand would have taught Kim such techniques.
In Zhang see at least:
[Zhang: 0004] Described herein, in an implementation, is a system comprising storage compartments, each of the storage compartments being configured to store shipments and having a locking mechanism, and a computing system configured to control operations of the storage compartments. Please note: Storage compartments having a locking mechanism qualify as a locker.
[Zhang: 0011] In some embodiments, the determining a compartment of the storage compartments comprises: determining whether a compartment of the storage compartments having dimensions greater than respective dimensions of the shipment is available between an estimated arrival time of the shipment and an estimated pickup time of the requesting entity; Please note: The requesting entity is a customer.
[Zhang: 0072] Embodiments described in this application provide a tracking and coordination system, implemented by a system having one or more computer processors, that enhances an accuracy, reliability, and efficiency of storage and delivery of goods. The system may seamlessly provide one or more platforms through which participants in the tracking and coordination system may generate scannable codes such as QR codes or barcodes, reserve and/or access storage compartments, and pick up or drop off goods into the storage compartments.
[Zhang: 0073] FIG. 1A illustrates an example environment 100 of a system that coordinates operations of storage compartments 114 between entities 116, 118, and 120. A first entity 116 may be an individual customer or user ordering a shipment of goods. The first entity 116 may be referred to as a requesting entity. A second entity 118 may be a carrier 118 that delivers the shipment from the storage compartments 114 to the first entity 116. A third entity 120 may be a merchant or seller of goods, and may be a physical or online merchant.
One of ordinary skill in the art before the effective filing date would have recognized that applying the known techniques of Zhang, which a) place one or more purchased items into an available storage compartment having a locking mechanism, and b) determine a scheduled time period before pickup time of the requesting entity, i.e. customer’s optional pick-up time, of an available storage compartment to store delivered purchased item(s), would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the techniques of Zhang to the teachings of Kim would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such data processing features into similar systems. Obviousness under 35 USC 103 in view of the Supreme Court decision KSR International Co. vs. Teleflex Inc.
(iii) controlling, based on checking an availability of locker compartments during said scheduled time period, the selected said automated retail store system to place the retrieved items into an available said locker compartment that is only accessible after verification of said customer.
Rejection is based upon the teachings and rationale applied to claim 1 by Kim-Zhang and further upon the combination of Kim-Zhang:
(Kim: D39: col. 13, lines 58-61) … Then, in certain embodiments, the mobile device or application displays a pick-up request confirmation code that the customer can use to pick up the item at a pick-up area within the store.
[Zhang: 0017] In some embodiments, the setting an identification code of the requesting entity comprises: initially setting the identification code to at least a portion of a phone number of the requesting entity; prompting the requesting entity to enter a new identification code; determining whether the new identification code has been used by another entity; and in response to determining that the new identification number has been used by another entity, prompting the requesting entity to reenter a different identification code, wherein the new identification code comprises characters including any of letters, numbers, or a combination of letters and numbers and symbols.
Regarding claim 2: Rejection is based upon the teachings and rationale applied to claim 1 by Kim-Zhang and further upon the combination of Kim-Zhang:
(Kim: B22: col. 4, lines 40-50) In the foregoing method, the first predetermined variation product retrieval request identifies the first predetermined variation for retrieval, and a copy of the first predetermined variation is retrieved from the non-customer storage area, wherein the information of the one or more predetermined variations of the first product may comprise that the second predetermined variation is not in stock at the retail store and further may comprise that the second predetermined variation is available at another retail store of the same franchise as the original retail store, wherein the mobile application provides a transaction environment for reserving the second predetermined variation on the mobile device for purchasing at the other retail store or for purchase of the second predetermined variation of the mobile device at the present time for pick-up at the other retail store or for delivery of the second predetermined variation to a location designated by the customer.
Regarding claim 3: Rejection is based upon the teachings and rationale applied to claim 2 by Kim-Zhang and further upon the combination of Kim-Zhang:
(Kim: B22: col. 4, lines 50-55) … reserving the second predetermined variation on the mobile device for purchasing at the other retail store or for purchase of the second predetermined variation of the mobile device at the present time for pick-up at the other retail store or for delivery of the second predetermined variation to a location designated by the customer.
It would have been obvious to one of ordinary skill in the art before the effective filing date to offer a shopping convenience to the customer by delivering items purchased from the other retail store to the store user selected store location for later pick-up with other items placed in a reserved storage compartment.
Regarding claim 4: Rejection is based upon the teachings and rationale applied to claim 1 by Kim-Zhang and further upon the combination of Kim-Zhang:
Please note: Processes implemented by the Kim-Zhang system pertaining to restocking and scheduling a pick-up time for a single location apply to other retail locations as well.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2017/0301004 (Chirnomas) “Automated Store for Selling Articles,” discloses: [Abstract] An automated store for storing and then distributing articles, including a housing for receiving closed shipping containers for storage, and for distributing articles retrieved from inside the shipping containers to an output of the housing. The housing further including entry means for controlling entry into the housing of closed shipping containers. Automated forming means form an opening in each of the plurality of the shipping containers, storing means for storing the opened shipping containers, computer controlled retrieving means for entering into selected ones of the opened shipping containers via the formed opening to retrieve an article and moving means for moving the retrieved articles to an output are further included in the housing.
US 2018/0276602 (Rivalto et al.) “Automated Retail Facility,” discloses: [Abstract] An automated retail facility and system with accompanying methods comprising customer interfacing modules, payment receiving modules, product storage and distribution modules, and computer components in communication with device actors that automate connected components of the facility and system in an Internet of Things configuration. The configuration advantageously allows for remote operation of that facility, while maintaining required levels of customer service and supervisory actions within the facility, as needed. To service the system remotely or on location, a handheld inventory management device and inventory management vehicle are provided. To enhance available services, an automatic package receiver/distributor service module is integrated in some embodiments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M POND whose telephone number is (571)272-6760. The examiner can normally be reached M-F, 8:30 AM-6:30 PM.
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/ROBERT M POND/Primary Examiner, Art Unit 3688 July 10, 2026
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