DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-5 and 15-25 are currently pending. Claims 1, 2, 4, 5, 15, and 17 have been amended. Claims 6-14 have been cancelled. Claims 15-20 have been withdrawn in response to the restriction requirement. Claims 21-25 are newly added. Claims 1-5 and 21-25 have been examined in this application.
Application 17/860,765, filed 07/08/2022, is a Divisional of Application 14/660,793, filed 03/17/2015, now U.S. Patent #11,386,479.
Response to Arguments
Applicant’s amendments necessitated the new grounds of rejection.
Regarding the rejection of claims 1-5 and 21-25 under 35 USC 101, Applicant’s arguments have been fully considered but they are not persuasive for the reasons set forth infra.
Applicant’s remaining arguments have been fully considered but they are not persuasive. Particularly, Applicant’s arguments are directed to the instantly amended claims, and are thus moot in view of the new grounds of rejection. The Examiner notes that the amendments to independent claim 1 and the newly added claims have been rejected under 35 U.S.C. 112(a) and 35 U.S.C. 112(b) and interpreted accordingly, found infra.
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 1-5 and 21-25 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 pre- AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, and similarly claim 21, recites "determining, based at least in part on a user profile associated with the user, that the user has an anticipated interest level in the one or more objects that does not exceed a threshold; in response to determining that the anticipated interest level does not exceed the threshold, determining a user interaction with the portable device that is associated with a first object of the one or more objects; sending, for presentation by the portable device and in response with the determined user interaction, an object identifier representative of the first object, wherein the object identifier includes a representation of the first object, information relating to the first object, and at least one action button that may be activated by the user to perform an action with respect to the first object;" (emphasis added).
The recited subject matter of claims 1 and 15 do not conform to the disclosure in such a manner that one of ordinary skill in the art would recognize as being adequately described as the invention or as subject matter which the Applicant actually had possession of at the time of the invention. A review of the disclosure does not reveal the manner of: determining, based at least in part on a user profile associated with the user, that the user has an anticipated interest level in the one or more objects that does not exceed a threshold; in response to determining that the anticipated interest level does not exceed the threshold, determining a user interaction with the portable device that is associated with a first object of the one or more objects; sending, for presentation by the portable device and in response with the determined user interaction, an object identifier representative of the first object, wherein the object identifier includes a representation of the first object, information relating to the first object, and at least one action button that may be activated by the user to perform an action with respect to the first object. While the specification discloses “Based on the user profile of the user, the object management service determines that the user has a low anticipated interest in each of Store A 102A, Store C 102C, and Store D 102D” (App. Spec. [0035]), it does not disclose a threshold, nor determining a user interaction and sending an object identifier representative in response to the threshold.
Claims 2-5 depend from claim 1 and thus inherit the deficiencies of claim 1.
Claims 22-25 depend from claim 21 and thus inherit the deficiencies of claim 21.
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 1-5 and 21-25 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 pre-AIA , the applicant, regards as the invention.
Claim 1, and similarly claim 21, recites "determining, based at least in part on a user profile associated with the user, that the user has an anticipated interest level in the one or more objects that does not exceed a threshold; in response to determining that the anticipated interest level does not exceed the threshold, determining a user interaction with the portable device that is associated with a first object of the one or more objects; sending, for presentation by the portable device and in response with the determined user interaction, an object identifier representative of the first object, wherein the object identifier includes a representation of the first object, information relating to the first object, and at least one action button that may be activated by the user to perform an action with respect to the first object;" (emphasis added). The metes and bounds of this claim are unclear because a person having ordinary skill in the art cannot determine how to avoid infringement.
As discussed above, the disclosure does not disclose any meaningful structure/algorithm explaining how one would determine, based at least in part on a user profile associated with the user, that the user has an anticipated interest level in the one or more objects that does not exceed a threshold; in response to determining that the anticipated interest level does not exceed the threshold, determine a user interaction with the portable device that is associated with a first object of the one or more objects; send, for presentation by the portable device and in response with the determined user interaction, an object identifier representative of the first object, wherein the object identifier includes a representation of the first object, information relating to the first object, and at least one action button that may be activated by the user to perform an action with respect to the first object.
For examination purposes, the Examiner has interpreted these limitations as merely determining, based at least in part on a user profile associated with the user, that the user has an anticipated interest level in the one or more objects; determining a user interaction with the portable device that is associated with a first object of the one or more objects; sending, for presentation by the portable device, an object identifier representative of the first object, wherein the object identifier includes a representation of the first object, information relating to the first object, and at least one action button that may be activated by the user to perform an action with respect to the first object.
Claims 2-5 depend from claim 1 and thus inherit the deficiencies of claim 1.
Claims 22-25 depend from claim 21 and thus inherit the deficiencies of claim 21.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 and 21-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1. When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
Step 2A – Prong One. If the claims fall within one of the statutory categories, it must then be determined whether the claims recite an abstract idea, law of nature, or natural phenomenon.
Step 2A – Prong Two. If the claims recite an abstract idea, law of nature, or natural phenomenon, it must then be determined whether the claims recite additional elements that integrate the judicial exception into a practical application. If the claims do not recite additional elements that integrate the judicial exception into a practical application, then the claims are directed to a judicial exception.
Step 2B. If the claims are directed to a judicial exception, it must be evaluated whether the claims recite additional elements that amount to an inventive concept (i.e. “significantly more”) than the recited judicial exception.
In the instant case, claims 1-5 are directed to a process and claims 21-25 are directed to a machine.
A claim “recites” an abstract idea if there are identifiable limitations that fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106. In the instant case, claim 1 and similarly claim 25, recites the steps of: determining, based at least in part on information received from a user, a location within an environment in which the user is positioned; determining an object associated with the location; determining, based at least in part on a user profile associated with the user, that the user has an anticipated interest level in the one or more objects that does not exceed a threshold; in response to determining that the anticipated interest level does not exceed the threshold, determining a user interaction that is associated with a first object of the one or more objects; sending, for presentation and in response with the determined user interaction, an object identifier representative of the first object, wherein the object identifier includes a representation of the first object, information relating to the first object, and at least one action button that may be activated by the user to perform an action with respect to the first object; receiving an interaction with the action button; and causing the action to be performed -- these claim limitations set forth certain methods of organizing human activity, particularly commercial interactions including advertising, marketing, and sales activities/behaviors.
Additionally, these steps set forth mental processes, particularly concepts performed in the human mind or by a human using a pen and paper, including, inter alia, the observation and evaluation of information.
Further, the limitations of the claims are not indicative of integration into a practical application. Taking the independent claim elements separately, the additional elements of performing the steps under control of one or more computing systems configured with executable instructions, and from/by a portable device associated with a user -- merely implement the abstract idea on a computer environment. Additionally, taking the dependent claim elements separately, the additional elements of performing the steps via a first beacon, second beacon, and third beacon also merely implement the abstract idea on a computer environment. Considered in combination, the steps of Applicant’s method add nothing that is not already present when the steps are considered separately.
Thus, claims 1-5 and 21-25 are directed to an abstract idea.
Regarding the independent claim, the technical elements of performing the steps under control of one or more computing systems configured with executable instructions, and from/by a portable device associated with a user -- merely implement the abstract idea on a computer environment. Additionally, regarding the dependent claims, the technical elements of performing the steps via a first beacon, second beacon, and third beacon also merely implement the abstract idea on a computer environment.
When considering the elements and combinations of elements, the claim(s) as a whole, do not amount to significantly more than the abstract idea itself. This is because the claims do not amount to an improvement to another technology or technical field; the claims do not amount to an improvement to the functioning of a computer itself; the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment; the claims merely amounts to the application or instructions to apply the abstract idea on a computer; or the claims amounts to nothing more than requiring a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry.
The analysis above applies to all statutory categories of invention. Accordingly, claims 1-5 and 21-25 are rejected as ineligible for patenting under 35 USC 101 based upon the same rationale.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-5, 21, and 23-25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Middleton (US PGP 2014/0219118).
As per claim 1, Middleton teaches [a] computer-implemented method, comprising:
under control of one or more computing systems, independent of a portable device associated with a user, the one or more computing systems, configured with executable instructions, (Middleton: [0009])
receiving a transmission of information from the portable device; (Schwartz: Fig. 2, Para [0025] (As shown, access tandem 46 is provided in communication with a Mobile Switching Center (MSC) 48 (also called a mobile switch) on the wireless side as well as STP 18 and COS 12 on the wireline side. An MSC such as MSC 48 of FIG. 2 is typically provided in communication with one or more base stations or transceivers 50. Base stations 50 use radio technology to communicate (send and receive voice and data) with wireless units (mobile phones 44 a-c) operating within the range of the base station); Para [0034]-[0035] (The calling party 16 a begins by placing a call (sending digits) associated with a directory number of the called party. The calling party may, in addition to dialing the called party directory number, enter a predetermined code or codes (e.g. *xx) that have been specifically provisioned in the above SSP with a visual alert service trigger.); Para [0051]-[0054] (The calling party 44 a begins by placing a call (sending digits) associated with a directory number of the called party. Once the call is placed, a communication is received at the serving MSC of the calling party, here MSC 48. As discussed above with reference to the wireline network of FIG. 1, the query package ultimately results in a visual alert that is forwarded to the SSP 12 in a final TCAP response.)); Para [0061] (Such alert may also be selected in advance or dynamically assigned by the network based on any suitable criteria such as the called party's geographic location, etc. The communication may similarly be selected in advance or dynamically assigned based on the called party's geographic location or movements.); Para [0088]-[0091](basic function of a GPS receiver is to pick up radio transmissions of multiple earth orbiting satellites and combine the information in the transmissions with information in an electronic almanac to determine the receiver's geographic position. Once the receiver completes this calculation, it may provide latitude, longitude and altitude or similar measurement of its current position. The GPS receiver and/or display may, of course, be a portable handheld device. In keeping with the invention, visual alerts may therefore be provided for display on a GPS receiver. Such alerts may be provided as part of the above-described navigation messages and provisioned based on any suitable criteria including, of course, the receiver's geographic position. The corresponding communications may similarly be dynamically provisioned based on suitable criteria including location. For example, a navigable Starbucks® icon may be provisioned by the GPS service provider for display on a GPS receiver based on the proximity of the receiver to a known retail location to prompt the user to consider a purchase. Once navigated (first threshold), the icon would trigger generation of a corresponding communication for display on the GPS receiver regarding a current beverage promotion.); Para [0044] (Banana Republic® icon may be generated that is navigable to obtain a current sales promotion. A Dell® icon may be generated that is navigable to obtain current computer promotions. A Home Depot® icon may be generated that is navigable to obtain current home improvement product promotions.); Para [0045]);
determining, based at least in part on the information received from the portable device, a location within an environment in which the user is positioned; (Middleton: Fig. 3B (receive data packet from a client device 351, associate the location of the beacon with client device 354); [0114]-[0119] (FIG. 3B is a flow chart of a method 350 for determining the location of a client device. The PSS 120 receives a data packet (step 351). The PSS 120 determines which beacon 240 generated the data packet (step 352). The PSS 120 then determines the location of the of the beacon 240 that generated the data packet (step 352). The PSS 120 then associates the location of the beacon 240 that generated the data packet with the client device 102.))
determining one or more objects associated with the location; (Middleton: Fig. 7; [0177]-[0178] (At step 705, the PSS 120 receives a beacon identification number from a client device 102. In some implementations, step 705 may mirror step 453 of method 450 described above. As described above, when a client device 102 is within a predetermined range of a beacon 240, the client device 102 may detect the beacon's 204 beacon identification number. The client device 102 may then transmit the beacon identification number and client device identification number to the PSS 120. Responsive to the beacon identification number and client device identification number, the PSS 120 may retrieve supplemental content that may be appropriate to deliver to the client device 102.); Fig. 4B; [0131] (The method 450 further includes associating a beacon with a location (step 453). The method 450 can also include receiving a beacon identification number from a client device (step 454). Responsive to receiving the beacon identification number, it is determined that the client device is within a predetermined radius of the location (step 455). The type of supplemental content or response that should be provided to the client is then determined (step 456)); [0076] (In some implementations, the supplemental content 251 is associated with the content for sell by the content provider 250. For example, the content provider 250 may be a clothing store selling content such as women's and men's fashions. In this example, the supplemental content 251 may include information or other digital content related to the fashions for sell by the clothing store.))
determining, based at least in part on a user profile associated with the user, that the user has an anticipated interest level in the object in the one or more objects that does not exceed a threshold; (Middleton: Fig. 4B; [0131]-[0132] (As set forth above, the method includes receiving user preferences (step 451) and content provider preferences (step 452). In some implementations, the preferences of the user 230 and/or content provider 250 may be updated, added, or removed at any time. For example, the user may see an item for sale online and save it to their account to update the user's preferences.); [0136] (At step 465, the PSS 120 determines a response based on location, user preferences, and content provider preferences. In some implementations, the calculated response is a determination of the type of supplemental content to be sent to the client device 102. In some implementations, the response based on the location of the beacon 240, the user's preferences, the content provider's preferences, or any combination thereof.); [0141]-[0147] (As the user views the items on the website, the user may mark items they like or dislike. The system may then use the characteristics of these items to update the user's shopping and merchandise preferences. . . . Accessing the user's preferences, the PSS 120 may determine specific items the user may like. As this process is transparent to the user, the user's experience of walking into a beacon-enabled store is as follows. Within a few moments of walking into the store, the user's phone alerts the user that the store has a dress similar to the dress the user recently indicated liking on the website hosted by the PSS 120. . . . Next, the user may walk to table displaying the dress. The table contains a beacon. As the user nears the table the user's phone detects the beacon and, as described above, relays the beacon's identification to the PSS 120. Knowing the location of the beacon, the PSS 120 can estimate that the user is viewing the dress. . . . After the user has been in close proximity to the dress for a few minutes, the PSS 120 may automatically deliver to the user's phone a coupon for the dress that is valid for only the next 10 minutes.))
in response to determining that the anticipated interest level does not exceed the threshold, determining a user interaction with the portable device that is associated with a first object of the one or more objects; (Middleton: Fig. 4B; [0131]-[0132] (As set forth above, the method includes receiving user preferences (step 451) and content provider preferences (step 452). In some implementations, the preferences of the user 230 and/or content provider 250 may be updated, added, or removed at any time. For example, the user may see an item for sale online and save it to their account to update the user's preferences.); [0136] (At step 465, the PSS 120 determines a response based on location, user preferences, and content provider preferences. In some implementations, the calculated response is a determination of the type of supplemental content to be sent to the client device 102. In some implementations, the response based on the location of the beacon 240, the user's preferences, the content provider's preferences, or any combination thereof.); [0141]-[0147] (As the user views the items on the website, the user may mark items they like or dislike. The system may then use the characteristics of these items to update the user's shopping and merchandise preferences. . . . Accessing the user's preferences, the PSS 120 may determine specific items the user may like. As this process is transparent to the user, the user's experience of walking into a beacon-enabled store is as follows. Within a few moments of walking into the store, the user's phone alerts the user that the store has a dress similar to the dress the user recently indicated liking on the website hosted by the PSS 120. . . . Next, the user may walk to table displaying the dress. The table contains a beacon. As the user nears the table the user's phone detects the beacon and, as described above, relays the beacon's identification to the PSS 120. Knowing the location of the beacon, the PSS 120 can estimate that the user is viewing the dress. . . . After the user has been in close proximity to the dress for a few minutes, the PSS 120 may automatically deliver to the user's phone a coupon for the dress that is valid for only the next 10 minutes.))
sending, for presentation by the portable device and in response with the determined user interaction, an object identifier representative of the first object, wherein the first object identifier includes a representation of the first object, information relating to the object, and at least one action button that may be activated by the user to perform an action with respect to the first object; (Middleton: [0144]-[0147] (Within a few moments of walking into the store, the user's phone alerts the user that the store has a dress similar to the dress the user recently indicated liking on the website hosted by the PSS 120. Additionally, the user may receive information about the dress such as availability, location with the store, and price. The user may also receive a coupon for 10% off from the merchant as a thank you for having visited the store multiple times within the last week. . . . After the user has been in close proximity to the dress for a few minutes, the PSS 120 may automatically deliver to the user's phone a coupon for the dress that is valid for only the next 10 minutes.); [0149] (FIG. 5A is a first page of an exemplary implementation of a user interface. The user interface displays a plurality of content items 501 that are available from one or more content providers 250. In some implementations, the displayed content items 501 can be filtered. For example, the user 230 may request that only men's fashions be displayed or only supplemental content 251 from a particular content provider 250 be displayed. The user interface also includes a number of buttons 502(1)-502(n). The exemplary implementation of FIG. 5 includes 5 buttons. The buttons may be “soft buttons” that update according to the current page of the user interface that is currently displayed. In other implementations, the buttons 502 are constant throughout the plurality of pages of the user interface. In some implementations, the user may select displayed content. Selecting the displayed content add and/or updates the user's preferences.))
receiving an interaction with the action button; and (Middleton: [0149] (FIG. 5A is a first page of an exemplary implementation of a user interface. The user interface displays a plurality of content items 501 that are available from one or more content providers 250. In some implementations, the displayed content items 501 can be filtered. For example, the user 230 may request that only men's fashions be displayed or only supplemental content 251 from a particular content provider 250 be displayed. The user interface also includes a number of buttons 502(1)-502(n). The exemplary implementation of FIG. 5 includes 5 buttons. The buttons may be “soft buttons” that update according to the current page of the user interface that is currently displayed. In other implementations, the buttons 502 are constant throughout the plurality of pages of the user interface. In some implementations, the user may select displayed content. Selecting the displayed content add and/or updates the user's preferences.))
causing the action to be performed. (Middleton: [0149] (The user interface also includes a number of buttons 502(1)-502(n). The exemplary implementation of FIG. 5 includes 5 buttons. The buttons may be “soft buttons” that update according to the current page of the user interface that is currently displayed. In other implementations, the buttons 502 are constant throughout the plurality of pages of the user interface. In some implementations, the user may select displayed content. Selecting the displayed content add and/or updates the user's preferences.))
As per claim 3, Middleton teaches wherein the information received from the portable device is at least one of a position information representative of a position of the portable device as determined by the portable device, a first beacon received by the portable device and associated with the environment, a second beacon received by the portable device and associated with the location within the environment, or a third beacon received by the portable device and associated with an item represented within the location. (Middleton: Fig. 7; [0177]-[0178] (At step 705, the PSS 120 receives a beacon identification number from a client device 102. In some implementations, step 705 may mirror step 453 of method 450 described above. As described above, when a client device 102 is within a predetermined range of a beacon 240, the client device 102 may detect the beacon's 204 beacon identification number. The client device 102 may then transmit the beacon identification number and client device identification number to the PSS 120.); Fig. 4B; [0131] (The method 450 further includes associating a beacon with a location (step 453). The method 450 can also include receiving a beacon identification number from a client device (step 454). Responsive to receiving the beacon identification number, it is determined that the client device is within a predetermined radius of the location (step 455).)
As per claim 4, Middleton teaches wherein at least one of the one or more objects is determined based on at least one of:
a first beacon received by the portable device and associated with an item represented within the location, or a second beacon received by the portable device and associated with the location, wherein the second beacon is used to determine an association maintained by an object management service between the location and the object. (Middleton: Fig. 7; [0177]-[0178] (At step 705, the PSS 120 receives a beacon identification number from a client device 102. In some implementations, step 705 may mirror step 453 of method 450 described above. As described above, when a client device 102 is within a predetermined range of a beacon 240, the client device 102 may detect the beacon's 204 beacon identification number. The client device 102 may then transmit the beacon identification number and client device identification number to the PSS 120. Responsive to the beacon identification number and client device identification number, the PSS 120 may retrieve supplemental content that may be appropriate to deliver to the client device 102.); Fig. 4B; [0131] (The method 450 further includes associating a beacon with a location (step 453). The method 450 can also include receiving a beacon identification number from a client device (step 454). Responsive to receiving the beacon identification number, it is determined that the client device is within a predetermined radius of the location (step 455). The type of supplemental content or response that should be provided to the client is then determined (step 456)); [0076] (In some implementations, the supplemental content 251 is associated with the content for sell by the content provider 250. For example, the content provider 250 may be a clothing store selling content such as women's and men's fashions. In this example, the supplemental content 251 may include information or other digital content related to the fashions for sell by the clothing store.))
As per claim 5, Middleton teaches wherein the action button is at least one of:
a directions button representative of an action of providing directions to the first object,
a details button representative of an action of providing details relating to the first object,
a save button representative of an action of saving an association of the first object identifier with the user profile, or (Middleton: [0149] (The user interface also includes a number of buttons 502(1)-502(n). The exemplary implementation of FIG. 5 includes 5 buttons. The buttons may be “soft buttons” that update according to the current page of the user interface that is currently displayed. In other implementations, the buttons 502 are constant throughout the plurality of pages of the user interface. In some implementations, the user may select displayed content. Selecting the displayed content add and/or updates the user's preferences.))
a buy button representative of an action of purchasing the first object.
As per claims 1, 3, 4, and 5, these claims are substantially similar to claims 21, 23, 24, and 25, respectively, and are therefore rejected in the same manner as these claims, as set forth above.
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 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.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Middleton in view of Roy (US PGP 2013/0080289).
As per claim 2, Middleton teaches wherein:
the environment is a physical retail store at which the user may purchase items; (Middleton: [0072] (As described herein, a user's location can include the user's micro-location within the premises of a store, building, or outdoor location. For example, the system may narrow the location of a client device to a specific section within a store.); [0143]-[0147] ( Now referring back to the clothing store of content provider. The merchant can place a number of beacons around the store, for example, at the entrance to the store and near a table of dresses. In a manner completely transparent to the user, when the user enters a beacon-enabled, clothing store the user's phone may recognize the beacon. The beacon may send the phone a identifier, which the phone retransmits to the PSS 120. The PSS 120 resolves the identifier and determines in which store the beacon is located and the beacon's location within the store.))
the location is a defined area within the environment; (Middleton: [0072] (As described herein, a user's location can include the user's micro-location within the premises of a store, building, or outdoor location. For example, the system may narrow the location of a client device to a specific section within a store.); [0143]-[0147] (Now referring back to the clothing store of content provider. The merchant can place a number of beacons around the store, for example, at the entrance to the store and near a table of dresses. In a manner completely transparent to the user, when the user enters a beacon-enabled, clothing store the user's phone may recognize the beacon. The beacon may send the phone a identifier, which the phone retransmits to the PSS 120. The PSS 120 resolves the identifier and determines in which store the beacon is located and the beacon's location within the store.); Fig. 4B; [0114]-[0119]; [0131] (The method 450 further includes associating a beacon with a location (step 453). The method 450 can also include receiving a beacon identification number from a client device (step 454). Responsive to receiving the beacon identification number, it is determined that the client device is within a predetermined radius of the location (step 455).)
the first object is an item represented within the location that may be purchased by the user; and (Middleton: Fig. 7; [0177]-[0178] (At step 705, the PSS 120 receives a beacon identification number from a client device 102. In some implementations, step 705 may mirror step 453 of method 450 described above. As described above, when a client device 102 is within a predetermined range of a beacon 240, the client device 102 may detect the beacon's 204 beacon identification number. The client device 102 may then transmit the beacon identification number and client device identification number to the PSS 120. Responsive to the beacon identification number and client device identification number, the PSS 120 may retrieve supplemental content that may be appropriate to deliver to the client device 102.); Fig. 4B; [0131] (The method 450 further includes associating a beacon with a location (step 453). The method 450 can also include receiving a beacon identification number from a client device (step 454). Responsive to receiving the beacon identification number, it is determined that the client device is within a predetermined radius of the location (step 455). The type of supplemental content or response that should be provided to the client is then determined (step 456)); [0076] (In some implementations, the supplemental content 251 is associated with the content for sell by the content provider 250. For example, the content provider 250 may be a clothing store selling content such as women's and men's fashions. In this example, the supplemental content 251 may include information or other digital content related to the fashions for sell by the clothing store.); [0143]-[0147])
As established supra, Middleton teaches that the action (Middleton: [0149]). Middleton, however, does not explicitly disclose that the action is to purchase the item. Still, one of ordinary skill in the art would have recognized such features to be obvious, as they were well established at the time of invention.
For example, Roy teaches
the action is an action to purchase the item. (Roy: Fig. 3 (displaying Pay Now button); [0028] (The customer then has the option to pay using any of the online payment methods e.g. Google Wallet, PayPal, VISA, MASTERCARD, American Express, Mobibucks, Square or similar. Payment is completed after suitable security verification and subsequently an online receipt for the sale and a unique transaction code are generated.); [0034]; Fig. 5; [0140]-[0141] (Referring to FIG. 5, the customer may to choose any online payment method he prefers. Some examples include Google Wallet, PayPal, VISA, MASTERCARD, American Express, Mobibucks, Square, or similar. Accordingly, the customer selects the preferred option. The Smart Device communicates with the payment provider over the wireless connection (3G/4G/Wi-Fi or similar) and charges the customer for the total amount of the transaction and sends a confirmation to the app and this completes the purchase.))
This known technique is applicable to the method of Middleton as they both share characteristics and capabilities, namely, they are directed to displaying product information based on user location.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Roy would have yielded predictable results and resulted in an improved method. It would have been recognized that applying the technique of Roy to the teachings of Middleton would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such purchase features into similar methods. Further, applying the purchasing of the item to the action of Middleton would have been recognized by those of ordinary skill in the art as resulting in an improved method that would eliminate store check-out counters and save floor space and thus increase revenue per square foot and profits. (Roy: Para [0014]).
As per claim 22, this claim is substantially similar to the limitations of claim 2 and is therefore rejected in the same manner as this claim, as set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Schwartz (US PGP 2012/0278167) – location-based product alerts
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER V LEE whose telephone number is (571)272-4778. The examiner can normally be reached Monday - Friday 9AM - 5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY A. SMITH can be reached at (571)272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER V LEE/Examiner, Art Unit 3688
/Jeffrey A. Smith/Supervisory Patent Examiner, Art Unit 3688
Prosecution Insights