DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
In view of the Appeal Brief filed on October 2, 2025, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below.
Applicant’s arguments in the appeal brief filed October 2, 2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Pentz is reused below but differently to focus on the location info of media and users. It is also combined with a new reference Muni in a different way than the prior rejection. This action is non-final.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 4-6, 10, and 16 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Muni, US PG Pub No 2005/0125301 A1.
As for Claim 4, Muni teaches: A method to enable end users to obtain instant access to unique, personalized real-time information, communications, content, and services, the method comprising:
receiving a request, via an electronic device via a communications network, from a user requesting access to additional communications, content, or services related to a specific broadcast communication that is broadcast publicly to the general public and is provided in and integrated with one of print, radio, television, billboard, broadcast, and other media and communications media presented to the user (See Muni – Abstract, paragraphs 8-9, 23, 28 – while watching home shopping on television, the user can use a barcode to request additional communications, content, or services of making a purchase of the item);
matching the user request with the specific broadcast communication based on one or more of time of day, channel, broadcast area, identifier, and recipient device associated with the media (See Muni – paragraph 12-13, 30, Figure 1 – decoding the bar code, the bar code links it to the item shown on screen, plus matching the user to their account info); and
providing the user with the additional communications, content, or services relating to the specific broadcast communication for presentation on the electronic device (See Muni – Figure 1, paragraphs 23 and 31 – purchasing the item from the home shopping network).
For Claim 5, Muni also teaches The method of claim 4, wherein the additional communications, content, or services are based at least in part on one of 1) an actual or projected location of the user, 2) a broadcast area of the media, 3) the specific broadcast communication, 4) the identifier, and 5) the location of the electronic device (See Muni – paragraphs 10-11, 28, 30 bar code is an identifier, paragraph 27 - address).
For Claim 6, Muni also teaches The method of claim 4, wherein the additional communications, content, or services are based at least in part on one of 1) the identity of the user, 2) the user's history, 3) the location proximity of the user to an actual or projected location, 4) the date and time of the request, 5) the connectivity of the user to a communications channel or communication providing the specific broadcast communication, 6) date and time of the specific broadcast communication, 7) connectivity of the user to a third party identified in the specific broadcast communications, and 8) the location of the electronic device (See Muni – identity of the user – paragraphs 12 and 27).
For Claim 10, Muni also teaches The method of claim 4, wherein the specific broadcast communication includes a non-unique location or other identifier associated with the media (See Muni – paragraphs 9-11, 28 – bar code identifies the product on screen for purchase).
For Claim 16, Muni also teaches The method of claim 4, wherein the specific broadcast communication comprises radio or television broadcast (See Muni – paragraph 23 – Home Shopping Network viewed on a television).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 7-9, 11 -15 and 17-18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Muni, US PG Pub No 2005/0125301 A1 in view of Pentz, US PG Pub No 2011/0218864 A1.
As for Claim 7, Muni teaches the method of parent claim 4. Muni does not detail context of request. However, Pentz teaches wherein the additional communications, content, or services are based at least in part on context of the request (See Pentz – paragraphs 12, 14-17 – collecting stimuli sources as context from many media including broadcasts).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186). Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 8, Muni teaches the method of parent claim 4. Muni does not teach touch, gesture, eye or other motion, thought or voice command. However, Pentz teaches wherein the user accesses the additional communications, content, or services by one or more of touch, gesture, eye or other motion, thought or voice command using the electronic device (See Pentz – paragraphs 28, 317 – includes touch and voice).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz to allow more triggers of the search, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186). Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 9, Muni teaches the method of parent claim 4. Muni does not teach location registration. However, Pentz teaches wherein the specific broadcast communication includes a unique location or other identifier, the method further comprising verifying that the location or other identifier is unique and available within a LID registry processing the request (Pentz – 183-187, 195 – register including broadcast registration, locations include the locations of billboards, broadcast perception areas are also locations).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186). Muni only broadly describes its databases, while Pentz adds details on how the media is tracked and registered. Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 11, Muni teaches the method of parent claim 4. Muni teaches a variety of devices (See Muni paragraph 24). Muni does not teach voice input. However, Pentz teaches wherein the request from the user is received by one of voice or other input and wherein the electronic device comprises a wearable device (See Pentz – paragraphs 28, 317 – includes touch and voice; paragraph 22, 30, 126 – devices and devices by functionality that are like wearable devices with clock and GPS, paragraph 249).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186). Pentz adds other normal means of input available in the devices mentioned in both Muni and Pentz. Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 12, Muni teaches the method of parent claim 4. Muni does not teach barcode image processing and SMS (See Muni paragraphs 9-13) but does not provide details about it. However, Pentz teaches wherein the request further comprises real-time, micro-location information provided by at least one of voice, text, scanning, phone, interactive televisions, glasses or other wearable devices, visual displays, voice and motion interactive interfaces, application programmer interfaces, SMS, or information imbedded in the file structure or protocol of an image (See Pentz – paragraphs 28, 186, 317 – includes touch and voice; paragraph 22 – devices and 30, 126 – GPS from user devices user location and images).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186). Pentz adds other normal means of input available in the devices mentioned in both Muni and Pentz. Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 13, Muni teaches the method of parent claim 4. Muni also teaches addresses for shipping, which can include the details of a floor or room (See Muni paragraph 12). Muni does not expressly teach location of the device at the time of the request. However, Pentz teaches wherein the request further comprises a location comprising at least one of a floor, room, or structural component of a specific building, house, project, or structure associated with the electronic device at the time of the request (See Pentz – paragraph 30-31 – user location and stimuli location, GPS, Figure 23 – LSSS like store window display location).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186) and improved relevance based on location (See Pentz paragraphs 19 and 150). Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 14, Muni teaches the method of parent claim 4. Muni also teaches account information (See Muni- paragraph 12). Muni does not expressly teach location of the device at the time of the request. However, Pentz teaches wherein the method is combined with tracking, reporting, and accounting systems that account for one of either payment charges assessed by content providers to users for access to the additional communications, content, or services, or fees paid by providers of communications channels and broadcast media based on the usage of location or other identifiers and access to the additional communications, content, or services. (See Pentz paragraphs 126, 174, 258, 260-262, 304, 340 – user location and profiles, fees).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186) and improved relevance based on location (See Pentz paragraphs 19 and 150). Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 15, Muni teaches the method of parent claim 4. Muni also teaches address information (See Muni- paragraphs 8, 12, 14, 30). Muni does not expressly teach location of the device at the time of the request. However, Pentz teaches further comprising identifying a location of the user or broadcast area of the media by reference to one of a public or private two dimensional xy coordinate system, a three-dimensional xyz coordinate system, hierarchical coordinates or alpha-numeric identifiers derived directly from or directly related to the general location or broadcast area (See Pentz – paragraph 19, 24, 30-31, 49, 191– user location and stimuli location, perception area, GPS, Figure 18A, 23).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186) and improved relevance based on location (See Pentz paragraphs 19 and 150). Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 17, Muni teaches the method of parent claim 4. Muni also teaches purchasing additional content or services (See Muni- paragraphs 8-13). Muni does not teach curated list of potential broadcast channels. However, Pentz teaches wherein the user selects the additional communications, content, or services from a curated list of potential broadcast channels presented to the user (See Pentz - menu – paragraph 35, 149, 151, 176).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186). Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
As for Claim 18, Muni teaches the method of parent claim 4. Muni also teaches purchasing additional content or services from the provider (See Muni- paragraphs 8-13). However, Pentz more clearly teaches wherein the additional communications, content, or services related to the specific broadcast communication are contained in one or more subsequent communications directly to the user and directly or indirectly from and controlled by the specific provider of the first broadcast communication (See Pentz – paragraph 130 – results supplied to the user device or alternate location designated by the user).
It would have been obviously to one of ordinary skill in the art at the time of the invention to have combined the instant purchasing of items from a broadcast media system of Muni with enhanced search system of Pentz, since Pentz states that it is trying to address the limitations of systems like Muni by gathering additional context to search for additional content (See Pentz paragraphs 10 and 186). Both Muni and Pentz are the same field of endeavor of enabling adding content and functionality to other forms of media.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Pub No 20090077100-A1 – Lee et al. describes searching user position information
US PG Pub No 20040181559-A1 – Hancock et al. describes creating and using a unified geographic database (applicant’s work that was published more than 1 year prior to the prior claim of the current application)
WO-2008040004-A2 describes code triggered information querying and serving with location information
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/CHRISTYANN R PULLIAM/Supervisory Patent Examiner, Art Unit 2178