SugarCRM Inc.Download PDFPatent Trials and Appeals BoardMar 2, 202014686765 - (D) (P.T.A.B. Mar. 2, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/686,765 04/14/2015 Charles Godewyn 1301-060U 7059 112025 7590 03/02/2020 Shutts & Bowen LLP Steven M. Greenberg, Esq. 525 Okeechobee Blvd # 1100 West Palm Beach, FL 33401 EXAMINER ROTARU, OCTAVIAN ART UNIT PAPER NUMBER 3624 NOTIFICATION DATE DELIVERY MODE 03/02/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): docketing@crgolaw.com patents@shutts.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte CHARLES GODEWYN, ING-MARIE JONSSON, KATHRIN KOHLHAUFL, RILEY MCLOED, and MARIA ZOLOTOVA ____________ Appeal 2019-002474 Application 14/686,765 Technology Center 3600 ____________ Before MURRIEL E. CRAWFORD, PHILIP J. HOFFMANN, and KENNETH G. SCHOPFER, Administrative Patent Judges. CRAWFORD, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant1 seeks our review under 35 U.S.C. § 134 of the Examiner’s final rejection of claims 1–18. We have jurisdiction under 35 U.S.C. § 6(b). SUMMARY OF DECISION We AFFIRM. 1 We use the term “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies SugarCRM, Inc. as the real party in interest. (Appeal Br. 2). Appeal 2019-002474 Application 14/686,765 2 THE INVENTION Appellant claims a method for optimal sales opportunity visualization in a customer relationship management application (“CRM”). (Spec. ¶ 5, Title). Claim 1 is representative of the subject matter on appeal. 1. A method for visualizing optimal sales opportunity strategy in a customer relationship management (CRM) application, comprising: storing in a data store of the CRM application different data for different business opportunities previously closed and won; loading from the data store business opportunity data for a potential sale in the CRM application in association with a sales representative end user of the CRM application; generating a visualization for an aggregation of the different data representative of an optimal sales opportunity and also generating a visualization from the business opportunity data for the potential sale; displaying a comparison of the visualizations in a user interface to the CRM application; and, providing in the user interface an alert responsive to a determination that the visualization from the business opportunity data for the potential sale varies by a threshold amount from the visualization for the aggregation of the different data representative of the optimal sales opportunity. THE REJECTIONS Claims 1–18 are rejected under 35 U.S.C. § 101 as directed to a judicial exception without significantly more. Claims 6, 12 and 18 are rejected under 35 U.S.C. §112, second paragraph, as being indefinite. Appeal 2019-002474 Application 14/686,765 3 Claims 1–5, 7–11, and 13–17 are rejected under 35 U.S.C. § 102 as being anticipated over Meggs (US 2004/0064360 A1, published Apr. 1, 2004). Claims 6, 12, and 18 are rejected under 35 U.S.C. § 103 as being obvious over Meggs in view of Stephens (US 2015/0073865 A1, published Mar. 12, 2015). ANALYSIS 35 U.S.C. § 101 REJECTION We will sustain the rejection of claims 1–18 under 35 U.S.C. § 101. The Supreme Court set forth a framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts. First, . . . determine whether the claims at issue are directed to one of those patent-ineligible concepts. If so, . . . then ask, “[w]hat else is there in the claims before us?” To answer that question, . . . consider the elements of each claim both individually and “as an ordered combination” to determine whether the additional elements “transform the nature of the claim” into a patent- eligible application. [The Court] described step two of this analysis as a search for an “‘inventive concept’”—i.e., an element or combination of elements that is “sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.” Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 217–218 (citing Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 72–73 (2012)) (citations omitted). To perform this test, we must first determine whether the claims at issue are directed to a patent-ineligible concept. The Federal Circuit has explained that “the ‘directed to’ inquiry applies a stage-one filter to claims, Appeal 2019-002474 Application 14/686,765 4 considered in light of the [S]pecification, based on whether ‘their character as a whole is directed to excluded subject matter.’” See Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335 (Fed. Cir. 2016) (quoting Internet Patents Corp., 790 F.3d 1343, 1346 (Fed. Cir. 2015)). It asks whether the focus of the claims is on a specific improvement in relevant technology or on a process that itself qualifies as an “abstract idea” for which computers are invoked merely as a tool. See id. at 1335–36. In so doing, we apply a “directed to” two-prong test: 1) evaluate whether the claim recites a judicial exception, and 2) if the claim recites a judicial exception, evaluate whether the judicial exception is integrated into a practical application. 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 50–57 (Jan. 7, 2019) (“Guidance”). The Examiner determines that the claims are directed to optimal sales opportunity visualization and determines that this is the judicial exception of a fundamental economic practice (Final Act. 16). The Examiner also determines that the character as a whole of the claimed invention is not meaningfully different than collecting, analyzing, comparing, manipulating, and displaying or announcing information. (Final Act. 18). The Examiner finds the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements or combination of elements in the claims amounts to no more than recitation of generic, ubiquitous, computer structure, which is recited at a high level of generality. (Final Act. 19). The Specification discloses that “CRM” refers to the interaction that a business entity enjoys with its customers, whether the business entity provides sales or services to the customer. (Specification ¶2). CRM is Appeal 2019-002474 Application 14/686,765 5 thought of as a business strategy that enables business managers to understand the customer, to retain customers through better customer experience, to attract new customers, increase profitability, and to decrease customer management costs. The invention is disclosed as a method, system, and computer product for optimal sales opportunity visualization in a CRM application. (Spec. ¶ 3). Consistent with this disclosure, claim 1 recites “storing . . . different data for different business opportunities previously closed and won,” “loading . . . data for potential sale,” “generating a visualization for an aggregation of different data representative of an optimal sales opportunity . . . and also. . . generating a visualization from the business opportunity data,” and “displaying a comparison of the visualizations.” We thus agree with the Examiner that the invention is directed to a method for optimal sales opportunity visualization. As disclosed by the Specification, the claimed invention is directed to a business strategy that enables business managers to understand customers, retain customers, attract new customers, increase profitability, and decrease customer management costs. The invention of claim 1 is primarily related to business relations which is a fundamental economic practice, which is a certain method of organizing humans, which is a judicial exception. Guidance, 84 Fed. Reg. at 52. Also, we find the steps of “storing data,” “loading data,” generating a visualization of data and displaying a comparison,” constitute “analyzing information by steps people go through in their minds, or by mathematical algorithms, without more, as essentially mental processes within the abstract-idea category.” Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d Appeal 2019-002474 Application 14/686,765 6 1350, 1354 (Fed. Cir. 2016); see also buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014) (claims directed to certain arrangements involving contractual relations are directed to abstract ideas). Thus, we find that claim 1 recites the judicial exception of a method of organizing human activity and, in the alternative, a mental process. Turning to the second prong of the “directed to test”, claim 1 requires a “CRM application,” a “data store of the CRM application” and a “user interface.” The recitation of these computer components does not impose “a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.” Guidance, 84 Fed. Reg. at 52. We find no indication in the Specification, nor do Appellant directs us to any indication, that the operations recited in independent claim 1 invoke any inventive programming, require any specialized computer hardware or other inventive computer components, i.e., a particular machine, or that the claimed invention is implemented using other than generic computer components to perform generic computer functions. See DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1256 (Fed. Cir. 2014) (“[A]fter Alice, there can remain no doubt: recitation of generic computer limitations does not make an otherwise ineligible claim patent-eligible.”). We also find no indication in the Specification that the claimed invention effects a transformation or reduction of a particular article to a different state or thing. Nor do we find anything of record, short of attorney argument, that attributes any improvement in computer technology and/or functionality to the claimed invention or that otherwise indicates that the claimed invention integrates the abstract idea into a “practical application,” Appeal 2019-002474 Application 14/686,765 7 as that phrase is used in the revised Guidance. See Guidance, 84 Fed. Reg. at 55. In this regard, the recitations do not affect an improvement in the functioning of the data store or user interface or other technology, do not recite a particular machine or manufacture that is integral to the claim, and does not transform or reduce a particular article to a different state or thing. Id. Thus, claim 1 recites judicial exceptions that are not integrated into a practical application and as such, claim 1 is directed to an “abstract ideas.” Turning to the second step of the Alice analysis, because we find that claim 1 is directed to abstract ideas, the claims must include an “inventive concept” in order to be patent-eligible, i.e., there must be an element or combination of elements that is sufficient to ensure that the claim in practice amounts to significantly more than the abstract idea itself. See Alice, 573 U.S. at 217–18 (quoting Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 72–73 (2012)). The introduction of computer components such as a CRM application, a data store, and a user interface into the claims does not alter the analysis at Alice step two. [T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention. Stating an abstract idea “while adding the words ‘apply it’” is not enough for patent eligibility. Nor is limiting the use of an abstract idea “‘to a particular technological environment.’” Stating an abstract idea while adding the words “apply it with a computer” simply combines those two steps, with the same deficient result. Thus, if a patent’s recitation of a computer amounts to a mere instruction to “implemen[t]” an abstract idea “on . . . a computer,” that addition cannot impart patent eligibility. This conclusion accords with the preemption concern that undergirds our § 101 jurisprudence. Given the ubiquity of Appeal 2019-002474 Application 14/686,765 8 computers, wholly generic computer implementation is not generally the sort of “additional featur[e]” that provides any “practical assurance that the process is more than a drafting effort designed to monopolize the [abstract idea] itself.” Alice, 573 U.S. at 223 (alterations in original) (citations omitted). Instead, “the relevant question is whether claim 1 does more than simply instructing the practitioner to implement the abstract idea . . . on a generic computer.” Id. at 225. It does not. As the Federal Circuit has held, “the use of conventional computer components operating in a conventional manner” “do[es] not confer patent eligibility.” Intellectual Ventures, 792 F.3d at 1371; CyberSource, 654 F.3d at 1375 (merely claiming a software implementation of a purely mental process that could otherwise be performed without the use of a computer does not alter the method's unpatentability under 35 U.S.C. § 101). This is because “mere automation of manual processes using generic computers does not constitute a patentable improvement in computer technology.” Credit Acceptance Corp. v. Westlake Servs., 859 F.3d 1044, 1055 (Fed. Cir. 2017). Taking the claim elements separately, the functions performed by the data store and the user interface at each step of the process are purely conventional. Using a data store and a CRM application to retrieve, select, and apply decision criteria to data and modify the data as a result amounts to electronic data query and retrieval—one of the most basic functions of a computer. All of these computer functions are well-understood, routine, conventional activities previously known to the trading industry. See Elec. Power Grp., 830 F.3d at 1354; see also In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 1316 (Fed. Cir. 2011) (“Absent a Appeal 2019-002474 Application 14/686,765 9 possible narrower construction of the terms ‘processing,’ ‘receiving,’ and ‘storing,’ . . . those functions can be achieved by any general purpose computer without special programming”). In short, each step does no more than require a generic computer to perform generic computer functions. As to the data operated upon, “even if a process of collecting and analyzing information is ‘limited to particular content’ or a particular ‘source,’ that limitation does not make the collection and analysis other than abstract.” SAP Am. Inc. v. InvestPic, LLC, 890 F.3d 1016, 1022 (Fed. Cir. 2018). Considered as an ordered combination, the computer components of Appellant’s claims add nothing that is not already present when the steps are considered separately. The sequence of data reception-analysis- access/display is equally generic and conventional or otherwise held to be abstract. See Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 715 (Fed. Cir. 2014) (sequence of receiving, selecting, offering for exchange, display, allowing access, and receiving payment recited an abstraction), Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., 876 F.3d 1372, 1378 (Fed. Cir. 2017) (holding that sequence of data retrieval, analysis, modification, generation, display, and transmission was abstract), Two-Way Media Ltd. v. Comcast Cable Commc’ns, LLC, 874 F.3d 1329, 1339 (Fed. Cir. 2017) (holding sequence of processing, routing, controlling, and monitoring was abstract). The ordering of the steps is, therefore, ordinary and conventional. Claim 1 does not, for example, purport to improve the functioning of the computer itself. As we stated above, claim 1 does not affect an improvement in any other technology or technical field. The Specification spells out different generic equipment and parameters that might be applied using this concept and the particular steps, such conventional processing Appeal 2019-002474 Application 14/686,765 10 would entail based on the concept of information access under different scenarios. (See, e.g., Spec. ¶¶ 29-32). Thus, claim 1 amounts to nothing significantly more than instructions to apply the abstract idea of information access using some unspecified, generic computer. Under our precedents, that is not enough to transform an abstract idea into a patent-eligible invention. See Alice, 573 U.S. at 226. We have reviewed all the arguments (Appeal Br. 6–20; Reply Br. 2– 5) Appellant has submitted concerning the patent eligibility of the claims before us that stand rejected under 35 U.S.C. § 101. We find that our analysis above substantially covers the substance of all the arguments, which have been made. But, for purposes of completeness, we will address various arguments in order to make individual rebuttals of same. Appellant argues that claim 1 recites a process driven improvement to computer-related technology by providing a particular solution to a particular problem. In making this argument, Appellant relies on several court cases. Specifically, Appellant argues that the claimed process is eligible under the binding law of McRO, Inc. dba Planet Blue v. Bandai Namco Games America Inc., 837 F.3d 1299 (Fed. Cir. 2016). (Appeal Br. 14). This argument is not persuasive because Appellant has not applied the law and facts in the various cases cited to the recitations in the instant claims. In regard McRO, we note that in McRO the claims were directed to a specific asserted improvement in computer animation, i.e., the automatic use of rules of a particular type. McRO, 837 F.3d at 1313. By contrast, claim 1 recites only a data processing system that receives, transmits, and processes information using a program code or algorithm. Unlike McRO, claim 1 is Appeal 2019-002474 Application 14/686,765 11 not directed to an improvement to a computer process. In this regard, the problem solved by the instant invention is not a technical problem but rather the proper management of a business opportunity so as to ensure that all business opportunities are most likely to result in closed and won sales. (Spec. ¶6). Appellant argues, relying on Berkheimer v. HP, Inc., 890 F.3d 1369, 1374 (Fed. Cir. 2018), that the Examiner has not provided evidence that the elements in addition to the abstract idea represent well-understood, routine, and conventional activity engaged in by those in the relevant art. As we discussed above, the computer elements recited in claim 1 in addition to the abstract idea are the software application, the data store, and the user interface which are disclosed in the Specification as generic elements. Appellant cannot reasonably contend that there is a genuine issue of material fact regarding whether the operation of the computer components recited in addition to the abstract idea are well-understood, routine, or conventional, where, as here, there is nothing in the Specification to indicate that the operations recited in claim 1 require any specialized hardware or inventive computer components or that the claimed invention is implemented using other than generic computer components to perform generic computer functions, e.g., receiving, transmitting, and processing information. Indeed, the Federal Circuit, in accordance with Alice, has “repeatedly recognized the absence of a genuine dispute as to eligibility” where claims have been defended as involving an inventive concept based “merely on the idea of using existing computers or the Internet to carry out conventional processes, with no alteration of computer functionality.” Berkheimer, 890 F.3d at 1373 (Moore, J., concurring); see also BSG Tech, Appeal 2019-002474 Application 14/686,765 12 899 F.3d at 1291 (“BSG Tech does not argue that other, non-abstract features of the claimed inventions, alone or in combination, are not well- understood, routine and conventional database structures and activities. Accordingly, the district court did not err in determining that the asserted claims lack an inventive concept.”). We are not persuaded of error on the part of the Examiner by Appellant’s argument, relying on DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed. Cir. 2014), that the claims provide for specific technological modification aimed at solving a particular problems or at improving the functioning of a known system. (Appeal Br. 18). In DDR, the Court evaluated the eligibility of claims “address[ing] the problem of retaining website visitors that, if adhering to the routine, conventional functioning of Internet hyperlink protocol, would be instantly transported away from a host’s website after ‘clicking’ on an advertisement and activating a hyperlink.” DDR, 773 F.3d at 1257. There, the Court found that the claims were patent eligible because they transformed the manner in which a hyperlink typically functions to resolve a problem that had no “pre-Internet analog.” Id. at 1258. The Court cautioned, however, “that not all claims purporting to address Internet-centric challenges are eligible for patent.” Id. For example, in DDR Holdings, the Court distinguished the patent-eligible claims at issue from claims found patent-ineligible in Ultramercial. See DDR, 773 at 1258–59 (citing Ultramercial, 772 F.3d 7 0 9 , 715–16 (Fed. Cir. 2014)). As noted there, the Ultramercial claims were “directed to a specific method of advertising and content distribution that was previously unknown and never employed on the Internet before.” Id. at 1258 Appeal 2019-002474 Application 14/686,765 13 (quoting Ultramercial, 772 F.3d at 715–16). Nevertheless, those claims were patent ineligible because they “merely recite[d] the abstract idea of ‘offering media content in exchange for viewing an advertisement,’ along with ‘routine additional steps such as updating an activity log, requiring a request from the consumer to view the ad, restrictions on public access, and use of the Internet.’” Id. Appellants’ asserted claims are analogous to claims found ineligible in Ultramercial and distinct from claims found eligible in DDR. The ineligible claims in Ultramercial recited “providing [a] media product for sale at an Internet website;” “restricting general public access to said media product;” “receiving from the consumer a request to view [a] sponsor message;” and “if the sponsor message is an interactive message, presenting at least one query to the consumer and allowing said consumer access to said media product after receiving a response to said at least one query.” Ultramercial, 772 F.3d at 712. Similarly, Appellant’s asserted claims recite receiving, analyzing, modifying, and transmitting data. This is precisely the type of Internet activity found ineligible in Ultramercial. We are not persuaded of error on the part of the Examiner by Appellant’s argument that the claims do not foreclose or preempt all possible methodologies for achieving the abstract concept. (Appeal Br. 18). While preemption may signal patent ineligible subject matter, the absence of complete preemption does not demonstrate patent eligibility. Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1379 (Fed. Cir. 2015); see also OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1362-63 (Fed. Cir. 2015), cert. denied, 136 S. Ct. 701, 193 (2015) (“[T]hat the claims do not preempt all price optimization or may be limited to price optimization in Appeal 2019-002474 Application 14/686,765 14 the e-commerce setting do not make them any less abstract.”). And, “[w]here a patent’s claims are deemed only to disclose patent ineligible subject matter under the Mayo framework, as they are in this case, preemption concerns are fully addressed and made moot.” Ariosa, 788 F.3d at 1379. In view of the foregoing, we will sustain the Examiner’s rejection of claim 1 under 35 U.S.C. § 101. We will also sustain the rejection as it is directed to the remaining claims because Appellant has not argued the separate eligibility of these claims. 35 U.S.C. §112, SECOND PARAGRAPH REJECTION Appellant provides no response to this rejection and therefore the rejection is summarily sustained. 35 U.S.C. §§ 102 and 103 REJECTIONS We will not sustain the rejection of claim 1 as rejected under 35 U.S.C. § 102 because we agree with Appellant that the prior art does not disclose or render obvious “displaying a comparison of the visualizations” as required by claim 1. The Specification discloses that the visualization of the sales cycle stages depicted in Figure 1 are compared. The visualizations can reflect the averaging of data for all the business opportunities or for selected groupings of the business opportunities. (Spec. ¶22). A visualization for a contemporaneous business opportunity is generated and compared to one or more of the previously generated visualization. (Spec. ¶ 23). Appeal 2019-002474 Application 14/686,765 15 The Examiner relies on paragraphs 42–47, 53, 54, and 62, and Figures 2 and 4 of Meggs for teaching this subject matter. We have reviewed these paragraphs and figures, and we find no disclosure of displaying a comparison. Figure 2, as explained in paragraphs 42–47 depicts a chart that details all the leads and/or opportunities within a pipeline. While Figure 2 depicts a visualization of leads and opportunities, there is no comparison of visualizations depicted or discussed in the accompanying disclosure at paragraphs 42–47. Figure 4, as explained in paragraphs 53,54, and 62 depicts a chart that illustrates a scenario of a regional pipeline calculator but does not disclose a comparison of visualization. In view of the foregoing, we will not sustain the rejection of claim 1 under 35 U.S.C. § 102 and claims 2–5 dependent therefrom. We will also not sustain the rejection as it is directed to claims 7–11 and 13–17 for the same reason. We will not sustain the rejection under 35 U.S.C. § 103 of claims 6, 12, and 18 for the same reason. CONCLUSIONS OF LAW We conclude the Examiner did not err in rejecting claims 1–18 under 35 U.S.C. § 101. We conclude that the Examiner did not err in rejecting claims 6, 12 and 18 under 35 U.S.C. § 112(b). We conclude that the Examiner did err in rejecting claims 1–5, 7–11 and 13–17 under 35 U.S.C. § 102. We conclude that the Examiner did err in rejecting claims 6, 12 and 18 under 35 U.S.C. § 103. Appeal 2019-002474 Application 14/686,765 16 DECISION In summary: Claims Rejected 35 U.S.C. § Reference(s)/ Basis Affirmed Reversed 1–5, 7–11, 13–17 101 1–18 1–5, 7–11, 13–17 102 Meggs 1–5, 7–11, 13–17 6, 12, 18 103 Meggs, Stephens 6, 12, 18 6, 12, 18 112,(b) 6, 12, 18 Overall Outcome 1–18 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation