DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3 October 2025 has been entered.
Status
This Office Action is in response to the communication filed on 3 October 2025. Claims 2-3, 5, and 9-21 have been canceled currently or previously, claim 1 is amended, and no new claims have been added. Therefore, claims 1, 4, and 6-8 are pending and presented for examination.
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 .
Response to Amendment
A summary of the Examiner’s Response to Applicant’s amendment:
Applicant’s amendment overcomes the claim objection(s); therefore, the Examiner withdraws the objection(s).
Applicant’s amendment does not overcome the rejection(s) under 35 USC § 101; therefore, the Examiner maintains the rejection(s) while updating phrasing in keeping with current examination guidelines.
Applicant’s amendment overcomes the rejection(s) under 35 USC §§ 102 and/or 103; therefore, the Examiner places new grounds of rejection.
Applicant’s arguments are found to be not persuasive; please see the Response to Arguments below.
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, and 6-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Please see the following Subject Matter Eligibility (“SME”) analysis:
For analysis under SME Step 1, the claims herein are directed to a retail display unit which would be classified under one of the listed statutory classifications (SME Step 1=Yes).
For analysis under revised SME Step 2A, Prong 1, independent claim 1 recites a recipient-specific retail display unit comprising: a proximity sensing device configured to emit a periodic signal; and a retailer kiosk communicatively coupled to the proximity sensing device, said retailer kiosk comprising a non-transitory computer readable storage medium having an application thereon, wherein the application is configured to instruct one or more processors to perform the following steps: display, on a graphical user interface of a display, a first set of advertising content associated with one or more retailers at an interval; instruct the proximity sensing device to emit periodic signals, wherein the periodic signals are configured to be detected by a portable computing device, wherein the application is further executed to display one or more interactive fields for receiving information identifying an intended recipient of a potential consumer item, the potential consumer item to be given as a gift to the recipient; receiving the information identifying the intended recipient; accessing and displaying social information about the recipient from one or more social media outlets; deriving recipient analytic information from the recipient information and social information to determine one or more consumer items the recipient is likely to enjoy, receiving identification information of the portable computing device and using the identification information of the portable communication device at least in part to identify a user of the portable communication device, the user being the gift-giver to the recipient; deriving user analytic information comprising a shopping behavioral profile of the user based at least in part on a historical record of proximity detection events and consumer items purchased by the user over a period of time; determining a set of targeted advertising content, wherein each of set of targeted advertising content is associated with either: (i) the user of the portable computing device and the user analytic information or (ii) the determined one or more consumer items the recipient is likely to enjoy; display, on the graphical user interface of the display, the set of targeted advertising content on the display for view by the user of the portable computing device in lieu of the first set of advertising content; and facilitate a transaction with the user for one or more of the consumer items depicted in the set of targeted advertising content.
The dependent claims (claims 4 and 6-8) appear to be encompassed by the abstract idea of the independent claims since they merely indicate using an indoor proximity system or near field communication device for proximity sensing (claim 4), generating analytic information form the recipient information (claim 6), and/or the advertising content being associated with an account managed by a merchant (claim 7) including a financial account, loyalty program, and/or prepaid phone account (claim 8).
The underlined portions of the claims are an indication of elements additional to the abstract idea (to be considered below).
The claim elements may be summarized as the idea of selecting and providing advertising content based on a recipient and/or user; however, the Examiner notes that although this summary of the claims is provided, the analysis regarding subject matter eligibility considers the entirety of the claim elements, both individually and as a whole (or ordered combination). This idea is within the certain methods of organizing human activity (e.g. … commercial or legal interactions such as … advertising, marketing or sales activities/behaviors, or business relations; …) grouping of subject matter.
Therefore, the claims are found to be directed to an abstract idea.
For analysis under revised SME Step 2A, Prong 2, the above judicial exception is not integrated into a practical application because the additional elements do not impose a meaningful limit on the judicial exception when evaluated individually and as a combination. The additional elements are using a retail display unit comprising: a proximity sensing device configured to emit a periodic signal; and a retailer kiosk communicatively coupled to the proximity sensing device, said retailer kiosk comprising a non-transitory computer readable storage medium having an application thereon, wherein the application is configured to instruct one or more processors to display advertising content on a graphical user interface of a display, instruct the proximity sensing device to emit periodic signals with a specified power level, wherein the periodic signals are configured to be detected by a portable computing device, wherein the application is further executed to display one or more interactive fields for receiving recipient information, accessing and displaying recipient information from one or more social media outlets, displaying advertising content on the graphical user interface of the display for view by the user of the portable computing device.
The Examiner notes that for many, many years people have asked retail clerks, personal shoppers, shopping assistants, sales associates, concierge services, etc. for recommendations regarding Christmas, Hanukkah, Valentine’s day, birthday, etc. gifts for, e.g., spouses, parents, siblings, friends, etc. This would include user information such as budget, location, et al. and recipient information such as interests, preferences, sizes, location, etc. The instant claims appear to merely be asking for, receiving, accessing, or obtaining the same basic information so as to provide the same or similar basic service of purchase recommendations or advice.
The additional elements do not reflect an improvement in the functioning of a computer or an improvement to other technology or technical field, effect a particular treatment or prophylaxis for a disease or medical condition (there is no medical disease or condition, much less a treatment or prophylaxis for one), implement the judicial exception with, or by using in conjunction with, a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing (there is no transformation/reduction of a physical article), and/or apply or use the judicial exception in some other meaningful way beyond generically linking use of the judicial exception to a particular technological environment.
The claims appear to merely apply the judicial exception, include instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform the abstract idea. The additional elements appear to merely add insignificant extra-solution activity to the judicial exception and/or generally link the use of the judicial exception to a particular technological environment or field of use.
For analysis under SME Step 2B, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims merely appear to apply the concept via, e.g., a retail display such as a kiosk. MPEP § 2106.05(I)(A) indicates that merely “[a]dding the words ‘apply it’ (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp.” is considered insignificant activity.
There is no indication the Examiner can find in the record regarding any specialized computer hardware or other “inventive” components, but rather, the claims merely indicate computer components which appear to be generic components and therefore do not satisfy an inventive concept that would constitute “significantly more” with respect to eligibility. Applicant ¶¶ 0022-0023, 0025, 0028-0029, and 0031 indicate the computer(s) Applicant conceived of being used are generic, such as a PC, laptop, table top computer, smartphone, tablet, etc., such as “a commercial off-the-shelf (COTS) computing device” (at Applicant ¶ 0023.
Even if the use of a kiosk with proximity sensing and display were considered under the well-understood, routine, conventional (“WURC”) analysis of MPEP § 2106.05(d), both Moon and Studt (see the prior art made of record and not relied upon, as below) indicate that this is well-known and/or conventional in various environments and using various types of technology. Therefore, in addition to being insignificant as merely adding “apply it” or the equivalent, the particular types of machines and/or configurations at retail sites would also be insignificant as WURC activity.
The individual elements therefore do not appear to offer any significance beyond the application of the abstract idea itself, and there does not appear to be any additional benefit or significance indicated by the ordered combination, i.e., there does not appear to be any synergy or special import to the claim as a whole other than the application of the idea itself.
The dependent claims, as indicated above, appear encompassed by the abstract idea since they merely limit the idea itself; therefore, the dependent claims do not add significantly more than the idea.
Therefore, SME Step 2B=No, any additional elements, whether taken individually or as an ordered whole in combination, do not amount to significantly more than the abstract idea, including analysis of the dependent claims.
Please see the Subject Matter Eligibility (SME) guidance and instruction materials at https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility, which includes the latest guidance, memoranda, and update(s) for further information.
NOTICE
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 4, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Christensen (U.S. Patent Application Publication No. 2012/0203572) in view of Isaacson et al. (U.S. Patent Application Publication No. 2011/0106698, hereinafter Isaacson)
Claim 1: Christensen discloses a recipient-specific retail display unit comprising:
a proximity sensing device configured to emit a periodic signal (see Christensen at least at, e.g., ¶¶ 0034, detect consumer by RFID, IVR, biometrics, etc., 0035, detect or register by RFID, credit cards, NFC, card swipe, etc.; see also 0040, 0046. 0099-0101; citation by number only hereinafter); and
a retailer kiosk communicatively coupled to the proximity sensing device (0034, “When a consumer enters a store--be it a grocery store, warehouse store, retail store, or the like, one or more kiosks may be present for the consumer to use to initially check-in”, proximity sensing as at 0034-0035, 0040, 0046, 0099-0101 as above),
said retailer kiosk comprising a non-transitory computer readable storage medium having an application thereon, wherein the application is configured to instruct one or more processors to perform the following steps (0038, 0040-0041, application, or “app” controlling the activity):
display, on a graphical user interface of a display, a first set of advertising content associated with one or more retailers at an interval (0037, holiday items at certain times of the year, 0042, “initiate contact with retail consumers … and in-turn, make general and targeted one-to-one product discount offers” as a first set of advertising content – particularly, the general offers as the first set, later understood as replaced by the targeted offers that may constitute the second set);
instruct the proximity sensing device to emit periodic signals (0034-0035, 0046, 0077, 0099-0101, RFID, NFC, etc. as means of contact emitting periodic signals),
wherein the periodic signals are configured to be detected by a portable computing device (0034-0035, 0046, 0077, 0099-0101, RFID, NFC, etc. as means of contact emitting periodic signals),
receiving identification information of the portable computing device and using the identification information of the portable communication device at least in part to identify a user of the portable communication device, the user being the gift-giver to the recipient (0042, “Using both contact and contactless devices, the Point-of-Entry Prepaid Kiosk System identifies the consumer in real-time and presents product and service offers prior to commencement of their shopping selections and activities.”, 0046, “the POE device may comprise a consumer identification function utilizing a touch-screen phone number, mag-stripe reader, PIN pad or cell phone RFID contact”, 0037, “for example, if a consumer deposits a payroll check or purchases six rolls of paper towels during each store visit, and visits the store on the average of once a week, a simple computer algorithm can determine whether the consumer is running low on paper towels and then add that item to a suggested "shopping list" for the consumer. This technique can be used for many other staple items, from dog food, to milk, to coffee, to toilet paper, to just about anything. Since the system stores an historical record of consumer consumption, it can determine the consumer's consumption patterns of most, if not all staple (and even non-staple) items, and even adjust for seasonal use or the like. For example, holiday consumption may increase, and holiday items may be purchased at certain times of the year” – indicating the use of both location proximity and purchase history, 0044, “automatically exchange/transfer purchasing data to a host system and between the retail chain loyalty database host server for the purpose of analysis and the generation of future one-to-one customer product specific discount offers”);
deriving user analytic information comprising a shopping behavioral profile of the user based at least in part on a historical record of proximity detection events and consumer items purchased by the user over a period of time (0036, “The consumer may then be presented with a number of discount or coupon offers or shopping suggestions, which may be based, in whole or part, on the consumer's prior preferences, demographic data, prior purchases, or other indicia (including preference data harvested from various social networking sites, search engines, or other websites used by the consumer).… A shopping list may also be generated, based on the consumer's prior purchases and shopping patterns, and also based on typical consumption patterns for the consumer (or historical consumption patterns of the consumer)”, 0037, “for example, if a consumer deposits a payroll check or purchases six rolls of paper towels during each store visit, and visits the store on the average of once a week, a simple computer algorithm can determine whether the consumer is running low on paper towels and then add that item to a suggested "shopping list" for the consumer. This technique can be used for many other staple items, from dog food, to milk, to coffee, to toilet paper, to just about anything. Since the system stores an historical record of consumer consumption, it can determine the consumer's consumption patterns of most, if not all staple (and even non-staple) items, and even adjust for seasonal use or the like. For example, holiday consumption may increase, and holiday items may be purchased at certain times of the year” – indicating the use of both location proximity and purchase history, 0044, “automatically exchange/transfer purchasing data to a host system and between the retail chain loyalty database host server for the purpose of analysis and the generation of future one-to-one customer product specific discount offers”;
determining a set of targeted advertising content, wherein each of set of targeted advertising content is associated with: (i) the user of the portable computing device and the user analytic information (0036, “consumer may then be presented with a number of discount or coupon offers or shopping suggestions …”, 0037, recommendations based on history that is specific to the consumer – as indicated above, 0038, virtual shopping list presented when consumer enters store, 0039, “As the consumer selects each item from the shelf, it may be ticked off the list … and [t]he consumer device may also tell the consumer where to find certain items on the list, based on aisle number or even by giving directions (e.g., ‘10 paces ahead on the left’)”);
display, on the graphical user interface of the display, the set of targeted advertising content on the display for view by the user of the portable computing device in lieu of the first set of advertising content (0036, consumer presented with display in coupon or list form, 0052, touch technology indicating a display, 0076-0077, indicating interaction with display information, 0079 ”Offers may also be displayed at the kiosk and transferred by ‘tapping’ the smart phone thus transferring discounts from the kiosk to the cell phone”; 0067 and 0108, interface; 0044, “The Point-of-Entry Kiosk Loyalty System may create an immediate up-sell and cross-sell opportunity of goods and services, reducing marketing expenses and increasing average purchases resulting in improved marketing and advertising Return On Investments (ROI)”, 0064, “Engaging the consumer at the Point-of-Entry offers the advertiser the highest-level possible of increasing and capturing the potential impulse buy. In addition, it affords the manufacture and retailer to make specific one-to-one offerings in real-time. This is an important aspect at it relates to improving their overall ROI related marketing and advertising expenses”, 0082, “Other general information would be offered to the patient at the kiosk” – the “general” information indicated at 0042 and 0082 as well as whatever information was displayed previously constituting a first set that was/is displayed and then replaced or displaced by the targeted content); and
facilitate a transaction with the user for one or more of the consumer items depicted in the set of targeted advertising content (0036-0037, purchase history data included, indicating purchase via the app, 0039, “log the total of purchases made”, 0043, purchases, 0050, “barcode … scanned at POS checkout to secure personalized discounts”, 0061, “furthering additional Point-of-Purchase (POP) impulse buys”, 0091, “initiate product purchase via the POE Kiosk”, 0107, “The consumer may then devote the rest of their shopping experience to impulse purchases and suggested discount items, as staple purchases have already been made automatically”).
Christensen, however, does not appear to explicitly disclose wherein the application is further executed to display one or more interactive fields for receiving information identifying an intended recipient of a potential consumer item, the potential consumer item to be given as a gift to the recipient; receiving the information identifying the intended recipient; accessing and displaying social information about the recipient from one or more social media outlets about the recipient from one or more social media outlets; deriving recipient analytic information from the recipient information and social information to determine one or more consumer items the recipient is likely to enjoy; wherein each of set of targeted advertising content is associated with either [the gift giver] or (ii) the determined one or more consumer items the recipient is likely to enjoy.
Where Christensen discloses social media access and recommendations based thereon (Christensen at 0140), and apparently a user can log into social media per Christensen at least at 0091-0093, which would apparently include fields to enter information, the disclosure of Christensen does not appear to be explicit regarding the use of interactive fields and displaying of social information regarding the recipient. Isaacson, however, teaches a “enabling a giver of a gift card to identify a recipient of the gift card” (Isaacson at 0010), where “the giver interface 402 can simply be a web site accessible via a web browser in which there is an opportunity for the giver to provide the basic information to identify the recipient, the amount associated with the virtual gift card and so forth. The giver interface 402 can be a device such as kiosk, ATM machine, or gas pump” (Isaacson at 0118), where “As the giver enters information, the control engine 456 and the user interface 452 can also provide feedback to the giver regarding the entered information. For example, if the giver enters a mailing address, the control engine 456 can look up the mailing address in the Amazon customer database and determine that three separate user accounts list the same mailing address. Thus, the control engine 456 can indicate to the giver that it needs additional information to disambiguate which of the three separate user accounts is desired and optionally prompt the giver to provide a specific type of information to disambiguate between the three separate user accounts. When the giver has entered sufficient information to identify the recipient, the control engine 456 can display, via the user interface 452, a confirmation of the identified recipient so that the giver is sure that the correct person has been identified. This confirmation can include any information, such as text, images, a purchase history, video, audio, personal metadata, a list of friends, and so forth, pulled from the recipient's Amazon account or other information available publicly or via other channels, such as a social network via an API call” (Isaacson at 0128) and “the system can perform an analysis of the recipient's general purchasing history, gift card based purchasing history, available balance on the gift card, interactions with the giver, an online shopping history, a location history, and other personal factors to generate a recipient advertising profile. Based on the recipient advertising profile, advertisers can target individual recipients and classes of recipients with custom tailored advertisements. The recipient advertising profile for gift card spending habits can be different than the recipient advertising profile for general spending habits. Thus, an advertiser can target the recipient based on the recipient's gift card spending history in order to extend a more attractive offer, promotion, or advertisement to the recipient.” (Isaacson at 0142). Therefore, the Examiner understands and finds that using field inputs to receive recipient identification information, accessing and displaying recipient social media information, and deriving recipient analytic information to target information, and the targeted information being to either the giver and/or the recipient are each applying a known technique to a known device, method, or product ready for improvement to yield predictable results so that the recommendation(s) are attractive to the giver and/or receiver based on their respective interests.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the retail display of Christensen with the recipient social media information of Isaacson in order to use field inputs to receive recipient identification information, accessing and displaying recipient social media information, and deriving recipient analytic information to target information, and the targeted information being to either the giver and/or the recipient so that the recommendation(s) are attractive to the giver and/or receiver based on their respective interests.
The rationale for combining in this manner is that using field inputs to receive recipient identification information, accessing and displaying recipient social media information, and deriving recipient analytic information to target information, and the targeted information being to either the giver and/or the recipient are each applying a known technique to a known device, method, or product ready for improvement to yield predictable results so that the recommendation(s) are attractive to the giver and/or receiver based on their respective interests as explained above.
Claim 4: Christensen in view of Isaacson discloses the retail display unit of Claim 1, wherein the proximity sensing device comprises at least one of an indoor proximity system (IPS) device and a near field communication device (Christensen at 0035, 0038, 0040, RFID).
Claim 6: Christensen in view of Isaacson discloses the retail display unit of Claim 1, wherein the application is further executed to generate the analytic information from the recipient information (Christensen at 0036, “offers or shopping suggestions, which may be based, in whole or part, on the consumer's prior preferences, demographic data, prior purchases”, etc., 0037, “if a consumer deposits a payroll check or purchases six rolls of paper towels during each store visit, and visits the store on the average of once a week”, an algorithm can determine suggested items for a shopping list, 0044, exchange/transfer purchasing data for analysis of future one-to-one offers, 0064, “cross-sell or up-sell based upon consumer purchasing history that will be generated from the analytics derived from the customer relationship marketing programs and real-time data reporting”).
Claim 7: Christensen in view of Isaacson discloses the retail display unit of Claim 1, wherein the advertising content comprises information associated with an account of the user, the account being managed by a merchant of the user (Christensen at 0035-0038, loyalty information used, 0043-0044, Customer Relationship Marketing (CRM) and MerchantSellect CRM, 0105, “data storage database 131 which includes customer files 132, online registration interface 133 (e.g., via internet, smart phone, or the like) the CRM system 134, and real-time data report generating capability 135 for generating demographic and sales data for retailer and wholesaler clients.” 0106, “the CRM system tracks individual consumer purchase data, and has access to vast amounts of consumer purchasing data on the Retailer Host Database”).
Claim 8: Christensen in view of Isaacson discloses the retail display unit of Claim 7, wherein the account comprises at least one of a financial account associated with the user, a loyalty card program associated with the merchant (Christensen at 0035, 0043, 0100, 0106, 0116, loyalty card/program of retailer) and a prepaid phone account associated with the user.
Response to Arguments
Applicant's arguments filed 3 October 2025 have been fully considered but they are not persuasive.
Applicant first argues the § 101 rejections, alleging verbatim the same argument set forth in the previous remarks: “This rejection is respectfully traversed. While the present invention does involve the processing of an application on a display unit, the processes conducted clearly recite "significantly more" as well as an improvement to a technology. For example, the claims clarify that the display unit identifies a user device, identifies a user, determines user analytics based on historical data, identifies a recipient, determines recipient analytics based at least in part on information from social media platforms, and then identifies and suggests specific consumer items for the recipient based at least in part on both the recipient and the user. Applicants respectfully submit that the claims comply with 35 USC 101 and the rejection should be withdrawn” (Remarks at first page – Applicant did not number the pages of the response). However, this only reflects the abstract idea of selecting and providing advertising content based on a recipient and/or user and does not explain or offer any reasoning as to what or how this can be considered either significantly more or an improvement to technology. As such, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them .
Applicant then argues the prior art rejections (Id.); however, the amendment necessitates new grounds of rejection. Therefore, the arguments are considered moot and not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Moon (U.S. Patent Application Publication No. 2006/0224450) discusses kiosk that detects proximate customers by “well known” means such as near contact, Bluetooth, WiFi, infrared, etc. periodically or episodically, and based on buying habits or purchase behavior (see, e.g., Moon at 0009, 0033, 0057)
Shenoy et al. (U.S. Patent Application Publication No. 2015/0066757, hereinafter Shenoy) teaches “A requester 102 may submit a request for a virtual gift card to a processing server 104. The request may be submitted via any suitable method, such as via … kiosk … and may also indicate a merchant 106 with whom the gift card may be redeemed, and a recipient 108 that is to receive the gift card” (Shenoy at 0024).
Ziarno (U.S. Patent No. 5,665,952), from as far back as 1997 (based on publication date), discusses “An electronic contributions or gifts management terminal” (8:35-36), such as various forms of value cards as gifts (9:60-10:51), and including gift recipient information (15:58-59).
Slack, Frances and Rowley, Jennifer, Kiosks 21: a new role for information kiosks?, International Journal of Information Management, Vol. 22, Issue 1, February 2002, Pages 67-83, downloaded 19 August 2022 from https://www.sciencedirect.com/science/article/pii/S026840120100041X, indicating early and new versions of kiosks that may be in-store, featuring touch screens, dialog boxes, menu options, conducting a simple transaction, etc. (see, e.g., pp. 67-68, including Fig. 1).
Palmquist (U.S. Patent Application Publication No. 2006/0065723) discusses at least “a kiosk for a retail establishment or other similar environment where customers may seek information. The customer can input a product identification or product description to the kiosk, e.g., by speaking to the kiosk or typing the product identification or description at the kiosk” (at Abstract).
Ackerman (U.S. Patent Application Publication No. 2015/0088731) discusses providing advertisements and/or promotions such as coupons or discounts via kiosks, including consumer interaction with an interface, and that proximity detection is used, and offering communication via social network (see Ackerman at least at 0032, 0080-0082, 0097, 0104, 0113, 0133, 0141, 0153-0154).
Studt (U.S. Patent Application Publication No. 2006/0077183) indicates that “[t]oday, a wide variety of conventional touch screen systems are used in various applications. Examples of applications include retail sales, restaurants, point of sale terminals, kiosks, ATM machines, medical systems, e-mail packages and the like. Touch screen systems typically include a display joined with a touch or proximity sensor mechanism.” (Studt at 0002).
Wolfe et al. (U.S. Patent Application Publication No. 2014/0258055, hereinafter Wolfe) a kiosk or similar retail display with a gift giver interface for identification of the recipient and accessing social media to indicate interest and responses, such as “The offer can say ‘John, do you want to buy an Olive Garden $50 gift card for your mother's birthday next week? Last year you bought her an Olive Garden Gift Card and her feedback said she loved it. Click here to accept, and you will also get 4.times. your rewards points for a gas purchase at the grocery store.’" (Wolfe at 0123, 0127, 0166, 0224, as cited, 0250).
Erez et al. (U.S. Patent Application Publication No. 2014/0207659, hereinafter Erez) discusses a gift transaction system such as a kiosk with an interface, using social media information related to the buyer/giver and the recipient, and “The item suggestion can be based on the gift selection indication. The item suggestion can be based on the recipient contact identifier, such as a preference profile associated with the recipient contact identifier. The item suggestion can be a suggestion to create a further gift transaction with the same recipient or to create a further gift transaction with a different recipient.” (Erez at 0010, 0033, 0041, 0057, 0065, 0068, 0089, as cited).
Walker et al. (U.S. Patent Application Publication No. 2010/0203942, hereinafter Walker) discloses a kiosk and social media access where “a gift provider may select a gift from one or more suggestions received from a potential gift recipient. For example, a gift recipient may create a wish-list of gifts they would like and forward the list on to at least one potential gift provider. The potential gift provider may select one or more gifts on the list to provide, or may use the wish-list to get an idea of what the gift recipient would like to receive and ultimately, choose their own gift to provide” (Walker at 0025, 0036, 0055, 0152, as cited).
Suyehiro (U.S. Patent No. 1,250,706) indicates gift coupons or certificates where the giver designates the recipient and advertised items that may be redeemed via use of the coupon or certificate (see, e.g., Figs. 1-3, pp. 4-6).
Davenport et al., Know What Your Customers Want Before They Do, Harvard Business Review [online], December 2011, retrieved 14 November 2023 from https://hbr.org/2011/12/know-what-your-customers-want-before-they-do, indicating the analog proprietor or salesperson that knew what a customer wanted or usually bought, and the targeting of customer’s based on their personal information.
Grewal et al., Innovations in Retail Pricing and Promotions, Journal of Retailing Volume 87, Supplement 1, July 2011, Pages S43-S52, downloaded from https://www.sciencedirect.com/science/article/pii/S0022435911000376 on 14 November 2023, https://doi.org/10.1016/j.jretai.2011.04.008, indicating targeting activities where “Technology enablers that are likely to aid these targeting activities include mobile applications, online personal shopping assistants and kiosks ‘ (at p. 44).
MacLaurin et al. (U.S. Patent Application Publication No. 2014/0365341, hereinafter MacLaurin) describes a retail kiosk, providing targeted content, detecting proximate users (and their height), using social media information, and connection with a user’s smartphone (MacLaurin at least at 0035, 0043-0044, 0052, 0062).
Interval definition, from Merriam-Webster, downloaded 31 March 2025 from https://www.merriam-webster.com/dictionary/interval, indicating “interval” means a) a space of time between events or states, b) the difference in pitch between two tones, c) a space between objects, units, points, or states, d) one of a series of fast-paced or intense physical exercises alternated with slower or less intense ones or brief rests for training (as of an athlete) – such as in interval training for athletics, e) a set of real numbers between two numbers either including or excluding one or both of them.
Lonsbury et al. (U.S. Patent Application Publication No. 2009/0307066, hereinafter Lonsbury) indicating displaying an attract loop and rotating ads that replace the attract loop (Lonsbury 0029 at Table – see also 0248 and 0275), as well as displaying groups of ads according to periods of time (see at least Lonsbury 0182-0183, 0199-0200, 0238).
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/SCOTT D GARTLAND/
Primary Examiner, Art Unit 3685