DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the communication filed on 10/03/2025.
Claims 2-6, 9-13 and 16-20 have been cancelled.
Claims 1, 7- 8, 14-15 and 21 have been amended.
Claims 1, 7- 8, 14-15 and 21-30 are currently pending and are considered below
Claim Rejections - 35 USC § 101
6. 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.
7. Claims 1, 7- 8, 14-15 and 21-30 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.
14. Representative claim 15, recites a computer-implemented method, which is a statutory class, executed by a communication device, a memory and a processing device: the computer-implemented method, comprising:
providing a computing system comprising a computer processing device and a non- transitory computer readable medium, where the non-transitory computer readable medium comprises configured computer program instruction code, such that when said computer program instruction code is operated by said computer processing device, said computer processing device performs the following operations:
broadcasting a wireless non-transitory signal from a point-of-sale device, the point-of-sale device connected to a network of a plurality of point-of-sale devices, the wireless non-transitory signal broadcasted unselectively;
determining a first user device in proximity of the point-of-sale device, using the point-of-sale device, based on both (i) an inferred distance of the first user device from the point-of-sale device using a signal strength of a received signal strength indicator from a first user device, and (ii) the first user device being in proximity of the point-of-sale device for a specified time period;
establishing a first communicable link between the point-of-sale device and the first user device, the first communicable link established by connecting the point-of-sale device and the first user device via the wireless non-transitory signal;
sending, to the point-of-sale device, a rewards database from one or more merchants, the rewards database comprising reward data associated with each merchant, wherein the rewards database is thereafter maintained by the point-of-sale device;
transmitting electronic notification data from the point-of-sale device to the first user device while preventing redundant transmissions when multiple point-of-sale devices are within proximity of the first user device, the electronic notification data comprising the reward data and a description of the reward, wherein redundant transmission are prevented by, in instances in which the first user device is within two or more geographic radius boundaries of point-of-sale devices, the system automatically registering the first user device to the point-of-sale device nearest to the first user device and establishing the first communicable link between the first user device and the point-of-sale device nearest to the first user device;
displaying the electronic notification data on a graphical user interface of the first user device;
determining a second user device associated with the first user device based on contacts information stored in a memory device of the first user device;
establishing a second communicable link, the second communicable link being between the first user device and the second user device;
displaying on the first user device an option to share the reward data from the first user device to the second user device;
establishing a third communicable link, the third communicable link between the point-of-sale device and the second user device;
transmitting, via the second communicable link, the reward data from the first user device to the second user device;
displaying the electronic notification data comprising reward data on the graphical user interface of the second user device;
receiving, at the point-of-sale device via the third communicable link, the reward data from the second user device; and
updating the rewards database at the point-of-sale device to delete corresponding rewards data in the rewards database upon occurrence of a predetermined condition.
The steps of
providing a computing system comprising a computer processing device and a non- transitory computer readable medium, where the non-transitory computer readable medium comprises configured computer program instruction code, such that when said computer program instruction code is operated by said computer processing device, said computer processing device performs the following operations:
broadcasting a wireless non-transitory signal from a point-of-sale device, the point-of-sale device connected to a network of a plurality of point-of-sale devices, the wireless non-transitory signal broadcasted unselectively;
determining a first user device in proximity of the point-of-sale device, using the point-of-sale device, based on both (i) an inferred distance of the first user device from the point-of-sale device using a signal strength of a received signal strength indicator from a first user device, and (ii) the first user device being in proximity of the point-of-sale device for a specified time period;
establishing a first communicable link between the point-of-sale device and the first user device, the first communicable link established by connecting the point-of-sale device and the first user device via the wireless non-transitory signal;
sending, to the point-of-sale device, a rewards database from one or more merchants, the rewards database comprising reward data associated with each merchant, wherein the rewards database is thereafter maintained by the point-of-sale device;
transmitting electronic notification data from the point-of-sale device to the first user device while preventing redundant transmissions when multiple point-of-sale devices are within proximity of the first user device, the electronic notification data comprising the reward data and a description of the reward, wherein redundant transmission are prevented by, in instances in which the first user device is within two or more geographic radius boundaries of point-of-sale devices, the system automatically registering the first user device to the point-of-sale device nearest to the first user device and establishing the first communicable link between the first user device and the point-of-sale device nearest to the first user device;
displaying the electronic notification data on a graphical user interface of the first user device;
determining a second user device associated with the first user device based on contacts information stored in a memory device of the first user device;
establishing a second communicable link, the second communicable link being between the first user device and the second user device;
displaying on the first user device an option to share the reward data from the first user device to the second user device;
establishing a third communicable link, the third communicable link between the point-of-sale device and the second user device;
transmitting, via the second communicable link, the reward data from the first user device to the second user device;
displaying the electronic notification data comprising reward data on the graphical user interface of the second user device;
receiving, at the point-of-sale device via the third communicable link, the reward data from the second user device; and
updating the rewards database at the point-of-sale device to delete corresponding rewards data in the rewards database upon occurrence of a predetermined condition,
as drafted, is a process that, under its broadest reasonable interpretation, covers a method of organizing human activity. Given the broadest reasonable interpretation, the claim recites a method for generating and transmitting shareable electronic notification data. The above identified method steps recite commercial interactions such as sales activities and/or tailored personalized marketing relating to providing data associated with the person.
If a claim limitation, under its broadest reasonable interpretation, covers commercial interaction such as tailored personalized marketing, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a communication device, a memory and a processing device. The communication device is recited at a high-level of generality (i.e., as a generic processor performing a generic computer functions of determining a first user device in proximity of the point-of-sale device, and a second user device associated with the first user device; establishing a first, second and third communicable link; sending, to the point-of-sale device, a rewards database from one or more merchants; transmitting electronic notification data and the reward data; displaying the electronic notification data and an option to share the reward data; receiving, the reward data from the second user device; and updating the rewards database at the point-of-sale device) such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a communication device, a memory and a processing device amount to no more than mere instructions to apply the exception using generic computer components. The additional elements are similar to the additional elements found by courts to be mere instructions to apply an exception because they do no more than merely invoke computers or machinery to perform an existing process such as: a common business method or mathematical algorithm being applied on a general purpose computer (Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 US 208, 223; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334); providing a user with tailored information like advertisements based on information known about the user such as a location, address, or personal characteristics and a time of day is a fundamental practice long prevalent in our system); In re Morsa, 809 F. App’x 913, 917 (Fed. Cir. 2020). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, considered as an ordered combination, the additional elements add nothing that is not already present when the steps are considered separately. That is, a communication device, a memory and a processing device, performing commercial interactions including: determining a first user device in proximity of the point-of-sale device, and a second user device associated with the first user device; establishing a first, second and third communicable link; sending, to the point-of-sale device, a rewards database from one or more merchants; transmitting electronic notification data and the reward data; displaying the electronic notification data and an option to share the reward data; receiving, the reward data from the second user device; and updating the rewards database at the point-of-sale device, amount to mere instructions to apply the steps to a computer comprising of a processor.
Thus, claims 1, 8 and 15 are not eligible.
As for dependent claims 7, 14 and 21-30, these claims recite limitations that further define the same abstract idea noted in claims 1, 8 and 15. Therefore, they are considered patent ineligible for the reasons given above. The additional limitations of the dependent claims, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself.
Claims 1, 7- 8, 14-15 and 21-30 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Response to Arguments
8. Applicant's arguments filed on 10/03/2025 with respect to the rejection of claims 1, 7- 8, 14-15 and 21-30 under 35 U.S.C. 112 have been fully considered and they are persuasive. See the amendment for reason for withdrawal of rejection.
9. Applicant’s arguments, filed on 04/22/2025, with respect to the rejections of claims 1, 7- 8, 14-15 and 21-30under 35 U.S.C. 102/103(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
10. Applicant's arguments filed on 10/03/2025 with respect to the rejection of claims 1, 7- 8, 14-15 and 21-30 under 35 U.S.C. 101 have been fully considered but they are not persuasive. Examiner notes that the amendment is not enough to overcome the 101 rejection.
11. Applicant argued that the amended claim overcome the 101 rejection. Examiner notes that the argument may provide for business process improvements, but a technical or computer improvement is not shown. There is not support for a conclusion that the abstract idea is implemented into a practical application under Step 2A-Prong Two analysis. Furthermore, under step 2B, mere instructions to apply the exception using a generic computer component, as is the case in the present claims, do not provide significantly more than the abstract idea.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Shiffert et al. (U.S. Pub. No. 2020/0380563) talks about receiving, with the first mobile computing device, data indicating a user interaction with a given content item among the plurality of the content items; and in response to receiving the data indicative of the user interaction, transmitting a wireless signal from the first mobile computing device directly to a second mobile computing device that is different from the first mobile computing device, the wireless signal being indicative of the given content item and indicating that the given content item pertains to a given geographic area within range of the wireless signal transmission (see at least the Abstract).
14. Srinivasan et al. (U.S. Pub. No. 2014/0195620) talks about routing a notification to at least one device of a user is provided. User preference data including usage data is obtained from a user. The usage data may relate to activity of the user on at least one device and may indicate a preference of the user in receiving notifications on the at least one device. The occurrence of a notification event is detected. In response to the detection of the notification event, a notification is communicated to the user in accordance with the user preference data. The notification may indicate that a notification event has occurred (see at least the Abstract).
15. Chatterjee et al. (U.S. Patent No. 10,304,049) discloses determining an appropriate distance between the customer device and the merchant device based on the signal strength (see at least Figure 5 specifically elements 510 and 5200.
16. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARILYN G MACASIANO whose telephone number is (571)270-5205. The examiner can normally be reached Monday-Friday 12:00-9:00 pm.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 01/27/2026