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 11/26/2025.
Claims 1-2, 5- 9-12 and 13-15 have been amended.
Claims 1-20 are currently pending and are considered below.
Continued Examination Under 37 CFR 1.114
5. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/26/2025 has been entered.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Representative claim 1, recites a tag (apparatus), which is a statutory class, capable of facilitating communication between a first party and a second party, wherein the tag comprises: a transceiver; a power source to provide electrical energy to the transceiver; and a network access device in logical connection with a communication network to allow communication with a server, wherein the server comprises:
a server memory storing a tag profile associated with the second party and a user profile associated with the first party;
a server processor;
a server network access device in logical connection with the communications network; and
server software executable on demand, wherein execution of the server software causes the server to:
receive, from the transceiver, a first unique identifier from the tag, the tag being embedded in a logo. the first unique identifier being encoded in the logo, the logo comprising encoded portions including the first unique identifier and non-encoded portions without the first unique identifier, wherein the logo is scanned by a camera of a mobile device associated with the first party, wherein the mobile device determines, using an application software, the encoded portions comprising the first unique identifier, and wherein the mobile device transmits the first unique identifier to the server;
associate the first unique identifier with an item in a physical world and with a non-fungible token (NFT) in a virtual world, in the server memory;
receive, via the communications network, a second unique identifier from the mobile device associated with the first party;
retrieve, from the server memory, the tag profile associated with the second party and the user profile associated with the first party;
compare, by the server the user profile associated with the first party with the tag profile associated with the second party;
upon determination of a match between the user profile and the tag profile, transmit, by the server, a signal to the mobile device associated with the first party or to a smart device associated with the second party to initiate a communication between the first party and the second party; and
receive, via the communications network, an instruction from the first party to transfer one or both of: ownership and control of the NFT in the virtual world, and the item in the physical world to an entity designated by the second party to receive the one or both of the ownership and control of the NFT in the virtual world, and the item in the physical world.
The steps of
receive, from the transceiver, a first unique identifier from the tag, the tag being embedded in a logo. the first unique identifier being encoded in the logo, the logo comprising encoded portions including the first unique identifier and non-encoded portions without the first unique identifier, wherein the logo is scanned by a camera of a mobile device associated with the first party, wherein the mobile device determines, using an application software, the encoded portions comprising the first unique identifier, and wherein the mobile device transmits the first unique identifier to the server;
associate the first unique identifier with an item in a physical world and with a non-fungible token (NFT) in a virtual world, in the server memory;
receive, via the communications network, a second unique identifier from the mobile device associated with the first party;
retrieve, from the server memory, the tag profile associated with the second party and the user profile associated with the first party;
compare, by the server the user profile associated with the first party with the tag profile associated with the second party;
upon determination of a match between the user profile and the tag profile, transmit, by the server, a signal to the mobile device associated with the first party or to a smart device associated with the second party to initiate a communication between the first party and the second party; and
receive, via the communications network, an instruction from the first party to transfer one or both of: ownership and control of the NFT in the virtual world, and the item in the physical world to an entity designated by the second party to receive the one or both of the ownership and control of the NFT in the virtual world, and the item in the physical world,
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 the steps for facilitating communication between a first party and a second party. 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.
As for independent claim 8: Claim 8, recites a method which is a statutory class, for
initiating communications between a first party and a second party based on receipt of a wireless transmission, the method comprising the steps of:
transmitting an identifier via a wireless transceiver from a tag in a physical environment to a smart device associated with the first party, wherein the identifier comprising a tag identifier being associated with tag and a server identifier;
associating the tag identifier with a non-fungible token (NFT) in a virtual world:
accessing, by the smart device, a server comprising a server memory, the smart device accesses the server using the server identifier pointing to the server, wherein the server memory contains a tag profile associated with the second party and the tag identifier, a user profile associated with the first party, and the NFT;
receiving into the tag, from the smart device, a user identifier associated with the first party;
transmitting from the tag, via a wireless transceiver, the user identifier and the tag identifier to the server;
comparing, by the server, the tag profile with the user profile;
upon confirmation of a match of predefined parameters of the tag profile and the user profile, transmitting information about the NFT to the smart device; and
transmitting an instruction from the smart device associated with the first party to transfer one or both of an ownership or control of the NFT to an entity designated by the second party.
The steps of
transmitting an identifier via a wireless transceiver from a tag in a physical environment to a smart device associated with the first party, wherein the identifier comprising a tag identifier being associated with tag and a server identifier;
associating the tag identifier with a non-fungible token (NFT) in a virtual world:
accessing, by the smart device, a server comprising a server memory, the smart device accesses the server using the server identifier pointing to the server, wherein the server memory contains a tag profile associated with the second party and the tag identifier, a user profile associated with the first party, and the NFT;
receiving into the tag, from the smart device, a user identifier associated with the first party;
transmitting from the tag, via a wireless transceiver, the user identifier and the tag identifier to the server;
comparing, by the server, the tag profile with the user profile;
upon confirmation of a match of predefined parameters of the tag profile and the user profile, transmitting information about the NFT to the smart device; and
transmitting an instruction from the smart device associated with the first party to transfer one or both of an ownership or control of the NFT to an entity designated by the second party,
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 the method for Initiating communications between a first party and a second party based on receipt of a wireless transmission. 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.
As for Independent claim 15: Claim 15 recites a method, which is a statutory class, for
initiating a product sale communication between a first party and a second party based on receipt of a wireless transmission, the method comprising the steps of:
affixing a tag to a product in a physical world;
configuring a wireless transceiver comprising a Bluetooth Low Energy (BLE)
transceiver proximate to the product, wherein the BLE transceiver has a predefined
geospatial range, and wherein the BLE transceiver comprises a network access
device in logical connection with a server, wherein the server comprises a memory
comprising a tag profile, and wherein the tag profile comprises one or more qualities
of the product and contact information associated with the second party;
detecting, by the BLE transceiver, a smart device associated with the first party
within the predefined geospatial range of the BLE transceiver;
transmitting one or more communication parameters from the smart device to the
BLE transceiver;
based upon receipt, into the BLE transceiver, of the one or more communication
parameters from the smart device associated with the first party, transmitting, by the
BLE transceiver, the one or more communication parameters to the server, wherein
the one or more communication parameters comprising a user identifier
associated with the first party and an interest of the first party in purchasing the
product;
comparing, by the server, the one or more communication parameters with the one
or more qualities of the product;
based upon finding, by the server, a match between the one or more communication parameters with the one or more qualities of the product, transmitting, by the server. a signal to the smart device associated with the first party to initiate a communication with the second party; and
transmitting an instruction from the smart device associated with the first party to transfer one or both of ownership and control of the product and a non-fungible token (NFT) to an entity designated by the second party.
The steps of:
affixing a tag to a product in a physical world;
configuring a wireless transceiver comprising a Bluetooth Low Energy (BLE)
transceiver proximate to the product, wherein the BLE transceiver has a predefined
geospatial range, and wherein the BLE transceiver comprises a network access
device in logical connection with a server, wherein the server comprises a memory
comprising a tag profile, and wherein the tag profile comprises one or more qualities
of the product and contact information associated with the second party;
detecting, by the BLE transceiver, a smart device associated with the first party
within the predefined geospatial range of the BLE transceiver;
transmitting one or more communication parameters from the smart device to the
BLE transceiver;
based upon receipt, into the BLE transceiver, of the one or more communication
parameters from the smart device associated with the first party, transmitting, by the
BLE transceiver, the one or more communication parameters to the server, wherein
the one or more communication parameters comprising a user identifier
associated with the first party and an interest of the first party in purchasing the
product;
comparing, by the server, the one or more communication parameters with the one
or more qualities of the product;
based upon finding, by the server, a match between the one or more communication parameters with the one or more qualities of the product, transmitting, by the server. a signal to the smart device associated with the first party to initiate a communication with the second party; and
transmitting an instruction from the smart device associated with the first party to transfer one or both of ownership and control of the product and a non-fungible token (NFT) to an entity designated by the second party,
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 the method for Initiating a product sale communication between a first party and a second party based on receipt of a wireless transmission. 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 transceiver, servers, processors, memories, and network. The transceiver, servers, processors, memories, and network are recited at a high level of generality (i.e., as a generic processor performing a generic computer function of processing data) such that they amount to no more than mere instructions to apply the exception using a generic computer component-MPEP 2106.05(f). The combination of these additional elements offers nothing more than generally linking the use of the judicial exception to a particular technological environment of field of use- see MPEP 2106.05(h) because the claimed machine are not particular, and the claim as a whole monopolizes the abstract idea on any servers, transceivers, processors, memories and network. 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 do 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 transceiver, servers, processors, memories, and network 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, transceiver, servers, processors, memories, and network, performing commercial interactions including: receiving data, associating data, and comparing data, 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 2-7, 9-14 and 16-20, 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 reason given above.
Claims 1-20 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 103
15. 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.
16. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
17. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Balent (U.S. Pub. No. 2010/0280918) in view of Smith et al. (U.S. Pub. No. 2015/0170209) (hereinafter ‘Smith) further in view of Jones et al. (U.S. Pub. No. 2013/0074009) (hereinafter ‘Jones”) and further in view of Anderson (U.S. Pub. No. 2012/0190386) and further in view of Park Jae Hong (KR 2023-0102674 A).
Claims 1, 8, and 15:
BALENT as shown below discloses the following limitations:
server software executable on demand, wherein the server software is operable to: (see at least Figure 1 as well as associated and related text)
receive a first unique identifier from the tag, the first unique identifier comprising a logo with encoded portions including the first unique identifier and non-encoded portions without the first unique identifier; See at least Figures 1 and 5 as well as associated and related text, paragraph 0225.
receive a second unique identifier from the second party; (see at least Figures 7 and 22 as well as associated and related text)
upon determination of a match between the user profile and the tag profile, transmit a signal to the first party or the second party to initiate a communication between the first party and the second party. (see at least Figures 30 and 31a-35 as well as associated and related text).
BALENT does not specifically disclose:
a Bluetooth Low Energy (BLE) transceiver;
a power source to provide electrical energy to the BLE transceiver; and
a network access device in logical connection with a communications network to allow communication with a server based upon receipt of a signal from a remote BLE transceiver associated with the second party, wherein the server comprises:
a server memory;
a server processor;
a server network access device in logical connection with the communications network; configuring a BLE transceiver proximate to the product, wherein the BLE transceiver has a predefined geospatial range.
However, SMITH, in at least Figures 14, 16-18, and 25 as well as associated and related text does. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT with the technique of SMITH because this, “...improves the integration, ease of use, flexibility, speed, and accuracy of the hardware, software and processes for selecting an item, product or service (hereafter called "item" or “items’), acquiring items, controlling items on hand, using items, and the resulting product usage data from manufacture through final usage.” (BALENT: paragraph 0003). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)).
The combination of BALENT/SMITH does not specifically disclose compare a user profile associated with the first party with a tag profile associated with the second party. JONES, however, in at least paragraph 0011 does. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT/SMITH with the technique of JONES because this, “On the World Wide Web, current solutions typically involve content providers creating their own web sites, sometimes more than one for different audiences even when those audiences and interests overlap. The sites typically have content the users want or need and users
generally want content from the many sites. However, the sites have structures which may or may not be consistent, but users must nevertheless understand all the different structures. Users typically would prefer to take slices of content from across those sites, but they cannot do so and users cannot easily maintain links and pointers into those sites because the sites change continuously. Therefore, convenient access to the disassociated information is greatly inhibited and hinders ready identification and/or retrieval of the information, particularly since the content is rarely organized to provide uniform search and access to the disparate information based on users' profiles .” (JONES: paragraph 0007). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. 5 Ct. 1727 (2007)).
ANDERSON further discloses BLUETOOTH technology capability in at least paragraphs 0021, 0177, 0208, 0287, 0316, 0362, and 0400. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT/SMITH/JONES with the technique of ANDERSON because this, “On the World Wide Web, current solutions typically involve content providers creating their own web sites, sometimes more than one for different audiences even when those audiences and interests overlap. The sites typically have content the users want or need and users generally want content from the many sites. However, the sites have structures which may or may not be consistent, but users must nevertheless understand all the different structures. Users typically would prefer to take slices of content from across those sites, but they cannot do so and users cannot easily maintain links and pointers into those sites because the sites change continuously. Therefore, convenient access to the disassociated information is greatly inhibited and hinders ready identification and/or retrieval of the information, particularly since the content is rarely organized to provide uniform search and access to the disparate information based on users’ profiles .” (JONES: paragraph 0007). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007).
BALENT/SMITH/JONES/ANDERSON do not explicitly teach associate the first unique identifier with an item in the physical world; and receive an instruction from the first party to transfer one or both of: ownership and control of the NFT in the virtual world, and the item in the physical world to an entity designated by the second party to receive the one or both of the NFT in the virtual world, and the item in the physical world. However,
Park Jae Hong discloses a virtual world linkage system and a method using NFC tags, and more specifically to a virtual world linkage system and a method using NFC tags, which register NFC tags assigned to items in a real world as non-fungible tokens and implements the non-fungible tokens in real time in the virtual world on a metaverse. The virtual world linkage system includes: a tag registration unit which registers NFC tags issued to identify the items in the real world on a blockchain server; a tag extracting unit; a platform connection unit connecting to a metaverse platform server; an object mapping unit which converts to objects which can be provided in the metaverse; and a metaverse linkage unit (see at least the Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the combination of BALENT/SMITH/JONES/ANDERSON to modify to include the teaching of Park Jae Hong in order to provide product information in the real world which is extracted to be reflected in the virtual world networking.
Claim 2:
The combination of BALENT/SMITH/JONES/ANDERSON/Park Jae Hong disclose the limitations as shown in the rejections above. JONES further discloses the tag comprises redundant sets of encoded portions including the first unique identifier and the profile comprises information associated with an available product, service, or a person, and wherein the second party is associated with the available product, service, or person. See at least paragraph 0011. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT/SMITH with the technique of JONES because this, “On the World Wide Web, current solutions typically involve content providers creating their own web sites, sometimes more than one for different audiences even when those audiences and interests overlap. The sites typically have content the users want or need and users generally want content from the many sites. However, the sites have structures which may or may not be consistent, but users must nevertheless understand all the different structures. Users typically would prefer to take slices of content from across those sites, but they cannot do so and users cannot easily maintain links and pointers into those sites because the sites change continuously. Therefore, convenient access to the disassociated information is greatly inhibited and hinders ready identification and/or retrieval of the information, particularly since the content is rarely organized to provide uniform search and access to the disparate information based on users’ profiles .” (JONES: paragraph 0007). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same 22 function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007).
Claim 3:
The combination of BALENT/SMITH/JONES/ANDERSON/Park Jae Hong disclose the limitations as shown in the rejections above. JONES further discloses a tag memory containing the first unique identifier. See at least Figure 2 as well as associated and related text. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT/SMITH with the technique of JONES because this, “On the World Wide Web, current solutions typically involve content providers creating their own web sites, sometimes more than one for different audiences even when those audiences and interests overlap. The sites typically have content ‘the users want or need and users generally want content from the many sites. However, the sites have structures which may or may not be consistent, but users must nevertheless understand all the different structures. Users typically would prefer to take slices of content from across those sites, but they cannot do so and users cannot easily maintain links and pointers into those sites because the sites change continuously. Therefore, convenient access to the disassociated information is greatly inhibited and hinders ready identification and/or retrieval of the information, particularly since the content is rarely organized to provide uniform search and access to the disparate information based on users’ profiles .” (JONES: paragraph 0007). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)).
Claims 4 and 16:
The combination of BALENT/SMITH/JONES/ANDERSON/Park Jae Hong disclose the limitations as shown in the rejections above. JONES further discloses the user profile comprises information associated with a desired product, service, or person, and wherein the match is based upon a query from the first or second party that matches with the information. See at least paragraph 0011. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT/SMITH with the technique of JONES because this, “On the World Wide Web, current solutions typically involve content providers creating their own web sites, sometimes more than one for different audiences even when those audiences and interests overlap. The sites typically have content the users want or need and users generally want content from the many sites. However, the sites have structures which may or may not be consistent, but users must nevertheless understand all the different structures. Users typically would prefer to take slices of content from across those sites, but they cannot do so and users cannot easily maintain links and pointers into those sites because the sites change continuously. Therefore, convenient access to the disassociated information is greatly inhibited and hinders ready identification and/or retrieval of the information, particularly since the content is rarely organized to provide uniform search and access to the disparate information based on users’ profiles .” (JONES: paragraph 0007). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)).
Claim 5:
The combination of BALENT/SMITH/JONES/ANDERSON/Park Jae Hong disclose the limitations as shown in the rejections above. JONES further discloses wherein the first unique identifier is additionally associated with the non-fungible token (NFT) in the virtual world, and the user profile is stored on the server, and the entity designated by the second party to receive the one or both of the ownership and control of the NFT in the virtual world, and the item in the physical world, is the second party. See at least Figure 2 as well as associated and related text. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT/SMITH with the technique of JONES because this, “On the World Wide Web, current solutions typically involve content providers creating their own web sites, sometimes more than one for different audiences even when those audiences and interests overlap. The sites typically have content the users want or need and users generally want content from the many sites. However, the sites have structures which may or may not be consistent, but users must nevertheless understand all the different structures. Users typically would prefer to take slices of content from across those sites, but they cannot do so and users cannot easily maintain links and pointers into those sites because the sites change continuously. Therefore, convenient access to the disassociated information is greatly inhibited and hinders ready identification and/or retrieval of the information, particularly since the content is rarely organized to provide uniform search and access to the disparate information based on users' profiles .” (JONES: paragraph 0007). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)).
Claims 6 and 7:
The combination of BALENT/SMITH/JONES/ANDERSON/Park Jae Hong disclose the limitations as shown in the rejections above. JONES further discloses:
a tag processor and tag software executable on demand operative to:
receive a BLE transmission from a smart device associated with the first party, wherein the BLE transmission comprises the second unique identifier; and
transmit the first unique identifier and the second unique identifier to the server.
the tag software is further operable to transmit to the smart device a communication from the second party upon receipt of the signal from the server.
However, SMITH, in at least Figure 11B as well as associated and related text does. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT with the technique of SMITH because this, “...improves the integration, ease of use, flexibility, speed, and accuracy of the hardware, software and processes for selecting an item, product or service (hereafter called "item” or items"), acquiring items, controlling items on hand, using items, and the resulting product usage data from manufacture through final usage.” (BALENT: paragraph 0003). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)).
Claims 9-14 and 16-20:
The combination of BALENT/SMITH/JONES/ANDERSON/Park Jae Hong disclose the limitations as shown in the rejections above. JONES further discloses:
prompting one or both of the first and second parties to indicate a desired communication medium; and
initiating a communication utilizing the indicated desired communication medium.
the desired communication medium comprises text messages.
the desired communication medium comprises a video chat.
the communication medium comprises a voice chat.
the tag profile comprises information about a good for sale.
the user profile comprises information about a good the first party wishes to purchase.
See at least paragraphs 0003 and 0027. In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the method of BALENT/SMITH with the technique of JONES because this, “On the World Wide Web, current solutions typically involve content providers creating their own web sites, sometimes more than one for different audiences even when those audiences and interests overlap. The sites typically have content the users want or need and users generally want content from the many sites. However, the sites have structures which may or may not be consistent, but users must nevertheless understand all the different structures. Users typically would prefer to take slices of content from across those sites, but they cannot do so and users cannot easily maintain links and pointers into those sites because the sites change continuously. Therefore, convenient access to the disassociated information is greatly inhibited and hinders ready identification and/or retrieval of the information, particularly since the content is rarely organized to provide uniform search and access to the disparate information based on users’ profiles .” (JONES: paragraph 0007). Moreover, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007).
Response to Arguments
8 Applicant's arguments filed on 11/26/2025 with respect to the rejection of amended claims 1-20 under 35 U.S.C. 101 have been fully considered but they are not persuasive. See new rejection above.
20. Applicant's arguments filed on 11/26/2025 with respect to the rejection of amended claims 1-20 under 35 U.S.C. 103(a) have been fully considered and they are persuasive.
21. The prior art of record that were relied upon are as follows:
22. Balent (U.S. Pub. No. 2010/0280918I) discloses a personal automation and shopping system which relates to methods and information systems (including hardware, software, communications and peripherals) for automating or improving personal or business productivity, efficiency and goal attainment, and buying and selling of goods and services. The present invention integrates, simplifies and democratizes methods, apparatus, and processes from a variety of other related and independent fields, including, but not limited to: barcodes and other machine readable symbologies or identifying means, barcode scanners and other KDED's (a keyless, mouseless data entry device); inventory control; business processes, human behavior as it relates to the adoption. The present invention improves the integration, ease of use, flexibility, speed, and accuracy of the hardware, software and processes for selecting an item, product or service (hereafter called "item" or "items"), acquiring items, controlling items on hand, using items, and the resulting product usage data from manufacture through final usage (see at least paragraph 0003, Field of invention).
23. Smith et al. U.S. Pub. No. 2015/0170209) discloses generating advertisements including the steps of: selecting from one or more advertisement templates; selecting an advertisement type from the one or more advertisement templates; associating one or more unique primary identifiers with the advertisement; and associating a secondary identifier with each of the one or more unique primary identifiers (see at least paragraph 0007, Disclosure of invention).
24. Jones et al. (U.S. Pub. No. 2013/0074009) discloses providing for classifying and labeling information content and also for profiling a user for accessing the information content, both using a coordinated labeling technique so that content from multiple sources may be searched, identified and/or presented to the user according to the user's profile. This technique provides an ongoing update of information content and sources while filtering out unnecessary information that is irrelevant to the user's profile, resulting in focused availability of information to the user. The user profile is matched with content of interest and matching content information may automatically be updated and made available to a user, in conformity with the user's profile. Content providers may now jointly use a common labeling scheme to improve the experience of their users and to provide content providers a technique to associate users with common facets of classification (see at least the Abstract).
25. Anderson (U.S. Pub. No. 2012/0190386) discloses the invention relating to a location establishing method, location establishing devices, and a location establishing service and system, that has applications for many fields, including property surveys. Additionally, the present invention relates to a method and system of data transmission and reception. The data transmission and reception includes, but is not limited to, such items as information, advertisements, offers, and profiles (see at least Field of invention paragraph 0002).
26. Park Jae Hong (KR 2023/0102674 A) discloses in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits (see at least paragraphs 0003 and 0027).
27. The prior art of record and not relied upon is considered to Applicant’s disclosure.
28. Tuikka, T (U.S. Pub. No. 2012/0016961) talks about a mobile device includes a processor and memory for processing and storing data, respectively, a wireless transceiver for wirelessly transmitting and receiving data relative to remote devices, a short-range wireless transceiver for wirelessly cooperating with a remote device equipped with a compatible short-range transmitter or transceiver, a virtual context detection logic configured to obtain, via the short-range wireless transceiver, data distinctive to and provided by a tag disposed in a location accessible by a user of the mobile communications device in the light of the range of short-range data transfer, the distinctive data being indicative of the virtual context, and a virtual context notification logic configured to transmit an indication of the virtual context to a remote entity, via the wireless transceiver so as to enable the remote entity, or a further entity connected thereto, to represent the user in a virtual environment according to the virtual context. A related server arrangement and method are presented (see at least the Abstract).
29. Upon further search for prior art, the following is considered.
30. Chang et al. (U.S. Pub. No. 2013/0024329) discloses managing online content via user supplied and/or refined tagging is disclosed. In some embodiments, a selection of an item available from an online store is received, and one or more tags to be associated with the item are received from a member of an online community comprising users of the online store. In some embodiments, an indication of a degree of usefulness of a tag is received from a member of an online community, and an attribute of the tag is updated to reflect the indication (see at least the Abstract).
31. Dicker et al. (U.S. Pub. No. 8,086,504) discloses tag suggestions for elements within an electronic catalog and made available over the Internet. As an overview, elements may be a product, a service, a sellable unit, a user profile, customer-created content (e.g., artwork), or anything else to which a tag may be associated. Tagging, meanwhile, enables a community of users or other entities to define and assign different tags to the elements. Tags are user-generated metadata about the elements. In other words, tags are pieces of information separate from, but related to, the elements. In a collaborative environment, the tags are descriptors that may be freely chosen by different users to characterize or otherwise describe attributes of the elements, rather than having the description controlled by a centralized classification process. With this freedom, the tags can specify properties of an element that may not otherwise be obvious from the element itself and/or which may have special meaning only to the user or a subset of users. Once assigned to elements, the tags may then be used to locate the elements via a tag search. Although embodiments are described as having alpha-numeric tags, other types of tags can be used, including icons, photos, and/or video clips (see at least paragraph (9).
32. The current amended claims have overcome the prior art of record. While it is believed that each of the claims exists individually in the prior art, the combination of the references requires a number of references that would not longer render the claims obvious to combine.
Conclusion
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 01/07/2026