Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This action is in response to the Request for Continued Examination (RCE) filed 11/24/2025. Applicant has amended claims 1 and 14. Non-elected claim 20 has been withdrawn. Accordingly, claims 1-19 are pending for examination.
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.
1. Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
2. Claim 14 recites the abstract idea of providing targeted communications to consumers associated with items selected for purchase which is grouped under “Certain methods of organizing human activity” such as “commercial or legal interactions: advertising, marketing or sales activities or behaviors” (MPEP 2016.04(a)). Specifically, claim 14 recites “filtering, via multi-level, coincidental filtering, wherein coincidental filtering is facilitated via … results in all available targeted communications being filtered simultaneously”, “wherein available targeted communications correspond to at least one participating program provider of a plurality of participating program providers, wherein available targeted communications are associated with items selected by a consumer for purchase”, “wherein the multi-level, coincidental filtering comprises filtering available targeted communications at the time of a consumer purchase transaction of the products from databases comprising items available for purchase, identification of participating program providers, identification of consumer-select program providers”, “….aggregated programs… “providing a consumer with a plurality of targeted communications”, “wherein each of the plurality of targeted communications are associated with a universal program identifier and are related to product information of an item the consumer has selected to purchase”. Accordingly, the claim recites an abstract idea.
3. This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A (MPEP 2106.04II), the additional elements of claim 14 such as “enterprise infrastructure comprising a processor and a non-transitory computer readable memory storing executable instructions”, “the processor executing the executable instructions to cause the enterprise infrastructure to perform…”, “…platform system” represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular technological environment or field of use. With respect to “via symmetric multi-processing” and “wherein the symmetric multiprocessing increases response times and load servicing of the … platform system”, Applicant does not provide details regarding how the “increasing response time and load servicing” is accomplished “via symmetric multiprocessing”. Therefore, these functionalities are no more than “apply it” (MPEP 2106.05(f)(1)) and do not provide a practical application of “providing targeted communications”. Further, as the additional elements do not provide a practical application, they do not improve computer functionality and do not improve another technology or technical field.
4. When analyzed under step 2B (MPEP 2106.04II), because the additional elements do no more than represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use, they do not provide an improvement to computer functionality, or an improvement to another technology or technical field and, therefore, do not amount to significantly more than the judicial exception itself (MPEP 2106.05(I)(A)(f)&(h)).
5. Hence, claim 14 is not patent eligible.
6. Claim 1 is also directed to the abstract idea of “providing targeted communications to consumers associated with items selected for purchase” which is grouped under “Certain methods of organizing human activity” such as “commercial or legal interactions: advertising, marketing or sales activities or behaviors” (MPEP 2016.04(a)).
7. As in the case of judicial claim 14, the exception is not integrated into a practical application. Claim 1 includes the additional elements of claim 14 such as “a processor and a non-transitory computer readable memory storing executable instructions”, “the processor executing the executable instructions to cause the enterprise infrastructure to …”, “…platform system”. Each, however, does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. With respect to “via symmetric multi-processing” and “wherein the symmetric multiprocessing increases response times and load servicing of the … platform system”, Applicant does not provide details regarding how the “increasing response time and load servicing” is accomplished “via symmetric multiprocessing”. Therefore, these functionalities are no more than “apply it” (MPEP 2106.05(f)(1)) and do not provide a practical application of “providing targeted communications”. Further, as the additional elements do not provide a practical application, they do not improve computer functionality and do not improve another technology or technical field.
8. When analyzed under step 2B (MPEP 2106.04II), because the additional elements do no more than represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use, they do not provide an improvement to computer functionality, or an improvement to another technology or technical field and, therefore, do not amount to significantly more than the judicial exception itself (MPEP 2106.05(I)(A)(f)&(h)).
9. Hence, claim 1 is not patent eligible.
10. Depending claims 2-13 and 15-19 further recite “wherein the user specific information includes user goals; determine which of the contributing scores to use to obtain the total score based on the user goals (claim 2)”, “wherein the user specific information includes user employment status; determine which contributing scores to use to obtain the total score based on the user employment status (claim 3)”, “wherein the contributing scores are made of an offensive score and a defensive score defining and ability to generate wealth and manage income, the defensive score defining and ability to manage risk and maintain wealth (claim 4)”, “wherein the offensive score is determined in response to a financial independence score, income distribution score, cash flow score, net worth score and money efficiency score (claim 5)”, “wherein the defensive score is determined in response to a risk management score, a debt management score, a breathing room score, and an estate planning score (claim 6)”; “wherein the risk management score is made of a loss of life score, a loss of property score, a loss of income score and a loss of health score (claim 7), “wherein a total loss of life score is calculated by taking each individual life insurance and total other available capital and then divided into a total individual loss of life need which gives an overall percentile funded, wherein the overall percentile funded is multiplied into a weighted number based on client lifecycle to give an individual loss of life score (claim 8), “wherein the individual loss of life score of a household is averaged for the total loss of life score (claim 9)”, “wherein a total loss of income score is calculated from an average of a percent funded for a benefit coverage of a short-term disability event and a percent funded for a benefit coverage of a long-term disability event (claim 10)”, “wherein the percent funded for the benefit coverage of the short-term disability event is calculated by multiplying monthly H.U.G. expenses times six to find a short- term disability benefit amount, wherein the short-term disability benefit amount is divided into an available non-retirement capital as and short-term disability plans to find the percent funded for the benefit coverage of the short term disability event (claim 11), “wherein the percent funded for the benefit coverage of long term disability event is calculated by multiplying the monthly H.U.G. expenses multiplied by a number of months to reach eligibility to find a long term disability benefit amount, wherein the long term disability benefit amount is divided into remaining non-retirement capital and long-term disability plans as well as social security disability to find the percent funded for the benefit coverage of the long term disability event (claim 12)”, “wherein the loss of property score is calculated by dividing an actual numbers into target numbers to find a percent funded wherein an average percentile funded over all categories is multiplied into a weighted % per chart to find the loss of property score (claim 13), “wherein the loss of health score is calculated by dividing total long- term care benefit coverage available into cumulative expenses for an average home health care expense for a state of residence with a duration of stay of three years to find a percent funded wherein the percent funded is multiplied into a weighted percent to find the loss of health score (claim 14)”, “wherein the debt management score is calculated by finding a difference between a target percentile and an actual percentile to find a percentile funded for each category wherein when the actual percentile is within a range, then an automatic 100 percent is awarded for that category wherein an average total percentile funded is multiplied by 210 to give the debt management score (claim 15)”, “wherein the breathing room score is calculated by dividing a total current breathing room savings into a breathing room goal to find a percent funded, wherein the precent funded is multiplied by 140 to find the breathing room score (claim 16), “wherein the estate planning score is calculated by receiving answers to a series of questions wherein a positive response earns a portion of a contribution wherein a total contribution percentage is multiplied into corresponding points possible to give the estate planning score (claim 17)”, “wherein the income distribution score is calculated by determining a percentage of fixed or essential expenses that are completely covered by "Safety-First" income sources or a 3% or less withdrawal rate from savings then multiplying the percentage by 280 to vie the income distribution score (claim 18)”, “wherein the user specific information is collected from third party sources (claim 19)”, and “wherein the user specific information includes user location; determine which of the contributing scores to use to obtain the total score based on the user location (Claim 20) which are grouped under “Certain Methods of Organizing Human Activity” such as “fundamental economic principles or practices” and “Mathematical Concepts” and in prong one of step 2A (MPEP 2016.04(a)).
11. Accordingly, the claims recite an abstract idea.
12. This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A (MPEP 2106.04II), the additional elements of claims 2-13 and 15-19, such as “one or more processors further configured to…” represent the use of a computer as a tool to perform an abstract idea and /or does no more than generally link the abstract idea to a particular field of use. Therefore, the limitations do not integrate the abstract idea into a practical application as they are no more than “apply it” (MPEP 2106.05(f)(1)).
13. When analyzed under step 2B (MPEP 2106.04II), because the additional elements do no more than represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use, they do not provide an improvement to computer functionality, or an improvement to another technology or technical field and, therefore, do not amount to significantly more than the judicial exception itself (MPEP 2106.05(I)(A)(f)&(h)).
14. Hence, claims 1-19 are not patent eligible.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. Independent claims 1 and 14 contains subject matter (“filtering is facilitated via symmetric multiprocessing” and “wherein the symmetric multiprocessing increases response time and load servicing of the aggregated programs platform system”) and which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. More specifically, the claims specify a desired result (increases response time and load servicing) but the specification does not sufficiently describe how the result is achieved using “symmetric multiprocessing”. In addition, while Specification describes “symmetric multiprocessing” in paragraph 0061, the Specification does not describe filtering is facilitated via symmetric multiprocessing.
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. More specifically, the limitation “wherein coincidental filtering is facilitated via symmetric processing”, recited in independent claims 1 and 14, is new matter not described in the Specification.
All claims dependent from claims 1 and 14 inherit the same rejections under 35 U.S.C. 112, 1st paragraph.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claims 1 and 14 recite” wherein the symmetric multiprocessing increases response time and load servicing of the aggregated programs platform system” which renders the claims indefinite. It is unclear how symmetric multiprocessing makes the system less efficient (longer response time) and increase load servicing. The claims are incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. Appropriate correction is required.
All claims dependent from claims 1 and 14 inherit the same rejections under 35 U.S.C. 112, 2nd paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-19 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Iannacci (US 2002/0062249 A1) in view of Addepalli et al. (US 2007/0150411 A1) and Dean et al. US 6,336,170 B1.
As per Claim 1
Iannacci (‘249) discloses
an aggregated programs platform system, see at least paragraph 0009 (multiple incentive and award suppliers aggregated) and paragraph 0281 (loyalty programs) and Fig 4
a processor and a non-transitory computer readable memory storing executable instructions, see at least paragraph 0381 (universal server data processing system……. Includes a computer system having a CPU central processing unit….memory… a communication processor)
filtering, via multi-level, coincidental filtering available targeted communications in aggregated programs platform system wherein coincidental filtering results in all available targeted communications being filtered simultaneously (filter; all available offers when paying; real-time), see at least paragraph 0180 (filter the advertising material consumers receive to reduce “offer overload” yet still be able to use all available offers when paying) paragraph 0009 (multiple incentive and award suppliers aggregated) and paragraph 0281 (loyalty programs), Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS), paragraph 0240 (targeting what is wanted by the consumer in a priority order), paragraph 0179 (in real-time), paragraph 0180 (set benefit strategies to get only what they want such as … accumulate a maximum of 25,000 air miles and then get cash back awards)
wherein available targeted communications correspond to at least one participating program provider of a plurality of participating program providers, see at least Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS), paragraph 0240 (targeting what is wanted by the consumer in a priority order)
wherein available targeted communications are associated with items selected by a consumer for purchase, see at least paragraph 0216 (processing consumer transactions such as point-of-sale transactions; transaction information may include … product or service identifiers), paragraph 0241 (the consumer may select several products to purchase from a merchant and then deliver their universal card when requested to make payment… acquire incentives and awards)
wherein filter comprises filtering available targeted communications at the time of a consumer purchase transaction of the products from databases, see at least paragraph 0216 (processing consumer transactions such as point-of-sale transactions; transaction information may include … product or service identifiers), paragraph 0241 (the consumer may select several products to purchase… acquire incentives and awards), paragraph 0180 (filter advertising material consumers receive to reduce “offer overload” yet still be able to use all available offers when paying), paragraph 0322 (product code is received and the related item information is retrieved from a database; the queried product is identified as a ten-ounce can of Del Monte pineapple; the server produces, transmits and displays for the user… that a twelve-ounce can of Dole pineapple is linked with a twenty-five2 cent Shaw’s discount), paragraph 0381 (databases) and Fig 2 (option supplier database; merchant database; universal account database etc.)
the databases comprising items available for purchase (product code; item; Del Monte pineapple; products to purchase), identification of participating program providers (award provider/award programs), identification of consumer selected program providers (frequent flier; loyalty card), see at least paragraph 0322 (product code is received and the related item information is retrieved from a database; the queried product is identified as a ten-ounce can of Del Monte pineapple; the server produces, transmits and displays for the user… that a twelve-ounce can of Dole pineapple is linked with a twenty-five2 cent Shaw’s discount), paragraph 0034 (access to… loyalty accounts…..airline miles… filter advertising materials), Fig 4 (frequent flier; loyalty card), paragraph 0088 (award provider), paragraph 0514 (benefit profile; option selection), paragraph 0018 (award programs), paragraph 0241 (products to purchase)
provide the consumer with at least one targeted communication, see least Fig 13 and Fig 14 (Account: 1313-3333-4444-5555; American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards), paragraph 0319 (display a listing of at least one ranked benefit item….according to user preferences; server will display for the user on an appropriate form all cash-back valuations along with a link to the particular payment or award options)
Iannacci (‘249) discloses wherein the at least one targeted communication is associated with a universal identifier and related to product information of an item the consumer has selected to purchase , see at least Fig 1 (universal cardholder; payment, discount and incentive option), Fig 3 (universal account number) and Figs 13-14 (Account: 1313-3333-4444-5555; American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards) paragraph 0216 (transaction information may include … universal account identifier…product or service identifiers), but fails to explicitly disclose the universal identifier is a universal program identifier, but fails to explicitly disclose the universal identifier is a universal program identifier. However, even though the exact term “universal program identifier” is not used in Iannacci, the “universal account identifier” of Iannacci is used to identify the consumer which allows access to programs and may be interpreted as “universal program identifier” (According to Applicant’s Specification paragraph 00142 the “universal program identifier” is for identifying user and allow access to programs). Furthermore, Addepalli (‘411) teaches using universal program identifier for targeted communication, see at least paragraph 0005 (loyalty programs), and paragraph 0013 (universal payment identifier … is associated to a consumer and allows a consumer to integrate the user of traditional bank instruments and rebates and promotional rewards into a simple account; allows for the distribution of localized and targeted promotions as customers enter into sale transactions). Both Iannacci and Addepalli are directed toward targeting communication using universal identifier. Both Iannacci and Addepalli are directed toward targeting communication using universal identifier. Therefore, the Examiner asserts that it would have been obvious for one of ordinary skill in the art at the time the invention was made to modify Iannacci’s invention to include the universal identifier is a universal program identifier. On would have been motivated to do so for the benefit of allowing targeted communications for program to be provided more easily.
Iannacii (‘249) discloses filtering, via multi-level, filtering available targeted communications in aggregated programs platform system wherein filtering results in all available targeted communications being filtered simultaneously (filter; all available offers when paying; real-time), see at least paragraph 0180 (filter the advertising material consumers receive to reduce “offer overload” yet still be able to use all available offers when paying) paragraph 0009 (multiple incentive and award suppliers aggregated) and paragraph 0281 (loyalty programs), Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS), paragraph 0240 (targeting what is wanted by the consumer in a priority order), paragraph 0179 (in real-time), paragraph 0180 (set benefit strategies to get only what they want such as … accumulate a maximum of 25,000 air miles and then get cash back awards) and paragraph 0133, but fails to explicitly disclose wherein filtering is facilitated via symmetric multiprocessing and wherein the symmetric multiprocessing increase response times and load servicing of the system. Dean (‘170) teaches facilitating filtering via symmetric multiprocessing, see at least Fig 1 (shared memory; first/second filter), column 1, lines 36-65 (symmetric multiprocessor system; separate processes that can execute simultaneously on the processors in the system) and column 4, lines 15-25 (filter; shared-memory), claim 10 of Dean (distributed shared-memory data processing system having a single operating system being executed simultaneously by a plurality of processors). A whereby (wherein) clause is not given weight when it simply expresses the intended result (increase response times and load servicing of the system) of a process step positively recited. Therefore, the Examiner asserts that it would have been obvious for one of ordinary skill in the art at the time the invention was made to modify Iannacci’s invention to include wherein filtering is facilitated via symmetric multiprocessing and wherein the symmetric multiprocessing increase response times and load servicing of the system. On would have been motivated to do so for the benefit of allowing longer response times and load servicing when needed.
As per Claim 2
Iannacci (‘249) discloses wherein the universal program identifier is associated with a consumer account, see at least Fig 1 (universal cardholder; payment, discount and incentive option), Fig 3 (universal account number), Fig 14A (universal account owner providers merchant with universal account identifier)
As per Claim 3
Iannacci (‘249) discloses wherein the targeted communication comprises a reward, a discount, a rebate, a loyalty offering, points, an advertisement, offers, savings, coupons, or combinations thereof, see at least Fig 4 (discount, reward points)
As per Claim 4
Iannacci (‘249) discloses wherein the product information identifies an item the consumer has selected for purchase, see at least paragraph 0216 (product identifiers related to goods and services e.gl UPC and SKU product identifier)
As per Claim 5
Iannacci (‘249) discloses wherein the product information is a Universal Product Code (UPC) or a Stock Keeping Unit (SKU), see at least paragraph 0216 (product identifiers related to goods and services e.gl UPC and SKU product identifier)
As per Claim 6
Iannacci (‘249) discloses wherein the consumer has selected a plurality of items for purchase, see at least paragraph 0216 (processing consumer transactions such as point-of-sale transactions; transaction information may include … product or service identifiers)
As per Claim 7
Iannacci (‘249) discloses wherein the consumer is provided a plurality of targeted communications, see at least Fig 13 and Fig 14
As per Claim 8
Iannacci (‘249) discloses wherein the plurality of targeted communications are related to at least two different participating program providers, see at least Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS)
As per Claim 9
Iannacci (‘249) discloses wherein the consumer may select which of the plurality of targeted communications to accept, see at least Fig 14 (American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards: selections)
As per Claim 10
Iannacci (‘249) discloses wherein the consumer may select which of the plurality of targeted offers to accept, see at least Fig 14 (American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards: selections)
As per Claim 11
Iannacci (‘249) discloses wherein at least one of the plurality of targeted communications is applied by the system as a line item adjustment to a transaction total, see at least Fig 14 (Total Amount $145.97, Redeem #1 $14.60 AMEX MILES, Redeem #2 $18.75 MYPOINTS…net due amount: $112.62
As per Claim 12
Iannacci (‘249) discloses wherein at least one of the plurality of targeted communications is applied to a consumer account, see at least Fig 14 (Account: 1313-3333-4444-5555; American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards: selections)
As per Claim 13
Iannacci (‘249) discloses wherein the consumer can accept or reject the at least one of the plurality of targeted communications at any time, see at least Fig 14 (Time: 2:35 P.M. EST; American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards: selections)
As per Claim 14
Iannacci (‘249) discloses
a processor and a non-transitory computer readable memory storing executable instructions, see at least paragraph 0381 (universal server data processing system……. Includes a computer system having a CPU central processing unit….memory… a communication processor)
providing a consumer with a plurality of targeted communications, see least Fig 13 and Fig 14 (Account: 1313-3333-4444-5555; American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards: selections), paragraph 0319 (display a listing of at least one ranked benefit item….according to user preferences; server will display for the user on an appropriate form all cash-back valuations along with a link to the particular payment or award options)
filter available targeted communications, see at least paragraph 0180 (filter… material consumers receive to reduce “offer overload” yet still be able to use all available offers when paying), Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS), paragraph 0240 (targeting what is wanted by the consumer in a priority order)
filtering, via multi-level, coincidental filtering available targeted communications in aggregated programs platform system wherein coincidental filtering results in all available targeted communications being filtered simultaneously (filter; all available offers when paying; real-time), see at least paragraph 0180 (filter the advertising material consumers receive to reduce “offer overload” yet still be able to use all available offers when paying) paragraph 0009 (multiple incentive and award suppliers aggregated) and paragraph 0281 (loyalty programs), Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS), paragraph 0240 (targeting what is wanted by the consumer in a priority order), paragraph 0179 (in real-time), paragraph 0180 (set benefit strategies to get only what they want such as … accumulate a maximum of 25,000 air miles and then get cash back awards)
wherein available targeted communications correspond to at least one participating program provider of a plurality of participating program providers, see at least Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS), paragraph 0240 (targeting what is wanted by the consumer in a priority order)
wherein available targeted communications are associated with items selected by a consumer for purchase, see at least paragraph 0216 (processing consumer transactions such as point-of-sale transactions; transaction information may include … product or service identifiers), paragraph 0241 (the consumer may select several products to purchase from a merchant and then deliver their universal card when requested to make payment… acquire incentives and awards)
wherein filter comprises filtering available targeted communications at the time of a consumer purchase transaction of the products from databases, see at least paragraph 0216 (processing consumer transactions such as point-of-sale transactions; transaction information may include … product or service identifiers), paragraph 0241 (the consumer may select several products to purchase… acquire incentives and awards), paragraph 0180 (filter advertising material consumers receive to reduce “offer overload” yet still be able to use all available offers when paying), paragraph 0322 (product code is received and the related item information is retrieved from a database; the queried product is identified as a ten-ounce can of Del Monte pineapple; the server produces, transmits and displays for the user… that a twelve-ounce can of Dole pineapple is linked with a twenty-five2 cent Shaw’s discount)
the databases comprising items available for purchase, identification of participating program providers, identification of consumer selected program providers, see at least paragraph 0322 (product code is received and the related item information is retrieved from a database; the queried product is identified as a ten-ounce can of Del Monte pineapple; the server produces, transmits and displays for the user… that a twelve-ounce can of Dole pineapple is linked with a twenty-five2 cent Shaw’s discount), paragraph 0034 (access to… loyalty accounts…..airline miles… filter advertising materials), Fig 4 (frequent flier; loyalty card), paragraph 0088 (award provider), paragraph 0514 (benefit profile; option selection), paragraph 0018 (award programs), paragraph 0241 (products to purchase)
Iannacci (‘249) discloses wherein each of the plurality of targeted communication are associated with a universal identifier and are related to product information of an item the consumer has seletced to purchase, see at least Fig 1 (universal cardholder; payment, discount and incentive option), Fig 3 (universal account number) and Figs 13-14 (Account: 1313-3333-4444-5555; American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards) paragraph 0216 (transaction information may include … universal account identifier…product or service identifiers), paragraph 0216, but fails to explicitly disclose the universal identifier is a universal program identifier. However, even though the exact term “universal program identifier” is not used in Iannacci, the “universal account identifier” of Iannacci is used to identify the consumer which allows access to programs and may be interpreted as “universal program identifier” (According to Applicant’s Specification paragraph 00142 the “universal program identifier” is for identifying user and allow access to programs). Furthermore, Addepalli (‘411) teaches using universal program identifier for targeted communication, see at least paragraph 0005 (loyalty programs), and paragraph 0013 (universal payment identifier … is associated to a consumer and allows a consumer to integrate the user of traditional bank instruments and rebates and promotional rewards into a simple account; allows for the distribution of localized and targeted promotions as customers enter into sale transactions). Both Iannacci and Addepalli are directed toward targeting communication using universal identifier. Therefore, the Examiner asserts that it would have been obvious for one of ordinary skill in the art at the time the invention was made to modify Iannacci’s invention to include the universal identifier is a universal program identifier. On would have been motivated to do so for the benefit of allowing targeted communications for program to be provided more easily.
Iannacii (‘249) discloses filter all available targeted communications in aggregated programs platform system simultaneously, (filter; all available offers when paying; real-time), see at least paragraph 0180 (filter the advertising material consumers receive to reduce “offer overload” yet still be able to use all available offers when paying) paragraph 0009 (multiple incentive and award suppliers aggregated) and paragraph 0281 (loyalty programs), Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS), paragraph 0240 (targeting what is wanted by the consumer in a priority order), paragraph 0179 (in real-time), paragraph 0180 (set benefit strategies to get only what they want such as … accumulate a maximum of 25,000 air miles and then get cash back awards) and paragraph 0133, but fails to explicitly disclose wherein the coincidental filtering is facilitated via symmetric multiprocessing and where in the symmetric multiprocessing increase response times and load servicing of the system. Dean (‘170) teaches facilitating filtering via symmetric multiprocessing, see at least Fig 1 (shared memory; first/second filter), column 1, lines 36-65 (symmetric multiprocessor system; separate processes that can execute simultaneously on the processors in the system) and column 4, lines 15-25 (filter; shared-memory), claim 10 of Dean (distributed shared-memory data processing system having a single operating system being executed simultaneously by a plurality of processors). A whereby (wherein) clause is not given weight when it simply expresses the intended result (increase response times and load servicing of the system) of a process step positively recited. Therefore, the Examiner asserts that it would have been obvious for one of ordinary skill in the art at the time the invention was made to modify Iannacci’s invention to include wherein filtering is facilitated via symmetric multiprocessing and wherein the symmetric multiprocessing increase response times and load servicing of the system. On would have been motivated to do so for the benefit of allowing longer response times and load servicing when needed.
As per Claim 15
Iannacci (‘249) discloses wherein at least two of the plurality of targeted communications are related to different participating program providers, see at least Fig 13 (AMEX; VISA; Delta Frequent Flier Miles Delta Skymiles) and Fig 14 (DELTA SKYMILES; AMEX MILES; MYPOINTS)
As per Claim 16
Iannacci (‘249) discloses wherein the consumer selects which participating program providers from which to receive targeted communications, paragraph 0319 (display a listing of at least one ranked benefit item….according to user preferences; server will display for the user on an appropriate form all cash-back valuations along with a link to the particular payment or award options) and paragraph 0398 and Fig 13-14
As per Claim 17
Iannacci (‘249) discloses wherein at least one of the plurality of targeted communications is applied as a line item adjustment to a transaction total, see at least Fig 14 (Total Amount $145.97, Redeem #1 $14.60 AMEX MILES, Redeem #2 $18.75 MYPOINTS…net due amount: $112.62
As per Claim 18
Iannacci (‘249) discloses wherein at least one of the plurality of targeted communications is applied to a consumer account, see at least Fig 14 (Account: 1313-3333-4444-5555; American Express; Delta Skymiles; mastercard; visa; bares and noble; MYPOINT rewards: selections)
As per Claim 19
Iannacci (‘249) discloses wherein the product information is a Universal Product Code (UPC) or a Stock Keeping Unit (SKU), see at least paragraph 0216 (product identifiers related to goods and services e.gl UPC and SKU product identifier)
Related But Not Relied Upon
Relevant art cited but not applied: Wong (US 2008/0134150 A1), directed to symmetric multiprocessing.
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to the 103 rejections have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
Applicant argues that the claims are statutory under 35 U.S.C. 101 because 1) the claims do not recite an abstract idea 2) “increases response times and load serving” is an improvement to the function of a computer and 3) the claims require “processor”. The Examiner disagrees. These steps describe the concept of providing targeted communications to consumers associated with items selected for purchase, which is directed to abstract idea of Certain Methods of Organizing Human Activity (commercial or legal interactions including advertising, marketing or sales activities or behaviors). With respect to “via symmetric multi-processing” and “wherein the symmetric multiprocessing increases response times and load servicing of the … platform system”, Applicant does not provide details regarding how the “increasing response time and load servicing” is accomplished “via symmetric multiprocessing”. Therefore, these functionalities are no more than “apply it” (MPEP 2106.05(f)(1)) and do not provide a practical application of “providing targeted communications”. Further, as the additional elements do not provide a practical application, they do not improve computer functionality and do not improve another technology or technical field. With respect to applicant's arguments alleging that executing the claimed invention using a specialized processor, this argument is not persuasive. Simply executing an abstract concept on a computer does not render a computer "specialized," nor does it transform a patent-ineligible claim into a patent-eligible one. See Bancorp Servs., LLC v. Sun Life Assurance Co. of Can., 687 F.3d 1266, 1280 (Fed. Cir. 2012). Therefore, applicant’s arguments are not persuasive.
Conclusion
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/CHIA-YI LIU/Primary Examiner, Art Unit 3692