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 .
Response to Amendment
This RCE non-final office action is in response to the arguments/amendments, filed 3/30/2026 Claim 1, 9, and 17 have been amended. Claim 1-20 are currently pending and has been examined below.
Claim Rejections – 35 U.S.C. 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Per step 1 of the eligibility analysis set forth in MPEP § 2106, subsection III, the claims are directed towards a process, machine, or manufacture.
Per step 2A Prong One, independent claim 1 recites specific limitations which fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2) as follows:
receiving, one or more search criteria to search for an offer associated with a vendor;
based on the one or more search criteria, identifying one or more selectable offers based on the location of the user, the location being associated with a time of receiving the one or more search criteria;
providing an offer in response to receiving one or more selections corresponding to the one or more selectable offers.
As noted above, these limitations fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2). Specifically, these limitations fall within the group Certain Methods of Organizing Human Activity (i.e., fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). That is, the limitations describe marketing activity of providing offers based on user search criteria and the location of the user at the time the search criteria are provided. Accordingly claim 1 recites an abstract idea.
Per step 2A Prong 2, the Examiner finds that the judicial exception is not integrated into a practical application. Claim 1 recites the additional limitations of:
communicating with a mobile application that is downloaded onto a user device, the mobile application providing a search user interface for initiating a search for an electronic offer associated with a vendor; and
the search user interface [to receive search criteria; identify (i.e., selected) offers];
[the user location is an] an automatically derived location of the user device based on GPS.
wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer,
the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer
the digital discount card being configured to present vendor location information and to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization
providing, via the search user interface, a selectable icon to view locations associated with each of the selectable electronic offers provided based on the automatically derived location of the user device and based on the one or more search criteria;
receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers; and
based on receiving the selection of the selectable icon to view the locations, providing for display by the mobile application a vendor location map interface that includes the automatically derived location of the user device and the locations associated with each of the selectable electronic offers.
The additional limitations when viewed individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, do not integrate the abstract idea into a practical application because each of the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it); generally linking the use of the judicial exception to a particular technological environment; or amount to insignificant extra-solution activity.
Specifically, providing a generic search interface for initiating a search for offers via a generic mobile application downloaded to a user device is recited at a high level of generality and only generally links the abstract idea to a particular technological environment or merely uses a mobile computing device capable of performing a search as a tool to perform the abstract idea. Further, the use of a search interface itself to obtain electronic offers can also be considered insignificant extra-solution activity (i.e., mere data gathering using the internet – similar to “obtaining information about transactions using the Internet to verify credit card transactions” CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) and MPEP 2106.05(g)). Additionally, determining the user location using GPS is also recited at a high level of generality and amounts to insignificant extra-solution activity. Finally, the limitations providing, via the search user interface, a selectable icon to view locations associated with each of the selectable electronic offers provided based on the automatically derived location of the user device and based on the one or more search criteria; receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers; and based on receiving the selection of the selectable icon to view the locations, providing for display by the mobile application a vendor location map interface that includes the automatically derived location of the user device and the locations associated with each of the selectable electronic offers are recited at a high level of generality and all recite displaying data on a generic user interface. Specifically, Examiner notes the vendor map interface is recited at a high level of generality and only briefly described in Applicant’s published specification (see Fig. 13 and paragraph [0104].) At this level of generality the claims only recite selecting a link to display information (the gathered offer locations and user location) on a generic map interface which merely generally links the abstract idea to a particular technological environment or uses a computer as a tool to perform the abstract idea (displaying data). Further, with respect to wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer, and the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer, and the digital discount card being configured to present vendor location information and to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization; Examiner notes that these limitations are recited at a high level of generality and merely recite displaying information in response to receiving activations (e.g., user specific activation data and a visual representation that is updatable) on a generic user interface. There is no disclosed technological improvement to a user interface that integrates the abstract idea into a practical application. Accordingly, even in combination, 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 the abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it); generally linking the use of the judicial exception to a particular technological environment; or amount to insignificant extra-solution activity. The same analysis applies here in 2B, i.e., mere instructions to apply an exception in a particular technological environment cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
A conclusion that an additional element is insignificant extra-solution activity in Step 2A should be reevaluated in Step 2B. Here, the use of a search interface to obtain offers was analyzed as extra-solution activity in Step 2A, and thus it is reevaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field. Here, the use of a search interface to obtain offers was analyzed as extra-solution activity in Step 2A, and thus it is reevaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field. Applicant’s specification does not provide any indication that the search interface used to find offers is anything other than a generic search engine used to obtain search results (see e.g., paragraph [0075] of Applicant’s specification stating “[s]uch a search can be performed in any number of manners.” Additionally, the Symantec, TLI, and OIP Techs. court decisions cited in MPEP 2106.05(d)(II) indicate that mere collection or receipt of data over a network (e.g., receiving offers via the internet) is a well-understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). Accordingly, a conclusion that the use of a search interface to obtain offers is well-understood, routine, conventional activity is supported under Berkheimer Option 2. Additionally, the use of a search interface to obtain offers is well-understood, routine, conventional activity is well-understood, routine and conventional as evidenced by US Patent Application Number 20090248633 (“Ojakaar”) paragraph [0003] which states “[t]t is well known in the art that Internet search engines are the primary resource used to find coupons, both for online purchase and in-store purchases for everything from restaurants to digital cameras to hotels.” Accordingly, a conclusion that the use of a search engine to obtain search results including an incentive code is well-understood, routine, conventional activity is supported under Berkheimer Option 3.
Further, determining the user location using GPS was also analyzed as extra-solution activity in Step 2A, and thus it is reevaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field. Applicant’s specification recites the use of GPS at a high level of generality and specifically recites “a location may be automatically derived based on the GPS or cellular identified location of the user device” (see paragraph [0173]). At this high level of generality, the use of GPS to determine the location of a user device is well-understood, routine, and conventional in the art as evidenced by US Patent Application Publication Number 20210142651(“Kybarshi”) paragraph [0042] which states “the user device may determine the location of the user device using a global positioning system (GPS) of the user device that is well known in the art”; US Patent Application Publication Number 20200074451 (“Nakamura”) paragraph [0109] which states “the GPS mechanism is publicly known or well-known and detects the location of the user terminal”; and US Patent Application Publication Number 20130344932 (“Adams”) paragraph [0070] “obtaining GPS coordinates and verifying device location is well known in the art.” Accordingly, a conclusion that the use of GPS to determine the location of the user device is well-understood, routine, conventional activity is supported under Berkheimer Option 3.
Limitations amounting to well-understood, routine and conventional insignificant extra solution activity and generally linking the use of the judicial exception to a particular technological environment cannot provide an inventive concept. Looking at these limitations as an ordered combination adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use a generic arrangement of generic computer components (i.e., generic mobile deice) that perform well-understood, routine, and conventional computer functions that generally links the abstract idea to a particular technological environment. Thus, the claim is not patent eligible.
Alice Corp. also establishes that the same analysis should be used for all categories of claims (e.g., product and process claims). Therefore, independent non-transitory computer readable medium claim 9 and independent system claim 17 are also rejected as ineligible subject matter under 35 U.S.C. 101 for substantially the same reasons as independent method claim 1. The system comprising one or more computing devices and memory coupled to the one or more computing devices and storing instructions that, when executed by the one or more computing devices add nothing of substance to the underlying abstract idea. At best, the components in independent system claim 17 merely provide an environment to implement the abstract idea. Moreover, with respect to computer-readable medium claim 9, Examiner notes that the scope of claim 9 is very similar to claim 1, except that in claim 9 the location of the user device is determined based via a cellular identified location rather than explicitly via GPS. The use of a cellular identified location to determine the location of the user device is recited at a high level of generality and Applicant’s specification does not provide any specific method of using cellular information to determine the location of the device. At this level of generality, determining the location of the user device via a cellular identified location amounts to insignificant extra-solution activity and does not integrate the abstract idea into a practical application. Further, under Step 2B, determining a location via a cellular identified location is well-understood, routine, conventional activity in the field as evidenced by US Patent Application Publication Number 20070063853 (“Derrick”) paragraph [0037] which states “the cellular transceiver may be used to determine the location of the device using well-known cellular tower triangulation techniques” and US Patent Application Publication Number 20110040756 (“Jones”) paragraph [0036] which states “determining the current location of the user's client devices using various techniques known in the art, such as, Global Positioning System (GPS), cellular tower triangulation.” Accordingly, a conclusion that determining the location of a user via a cellular identified location is well-understood, routine, conventional activity is supported under Berkheimer Option 3.
Dependent claims 2-8, 10-16, and 18-20 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent claim 1, 9, and 17 without integrating the abstract idea into a practical application or amounting to significantly more. Specifically, the additional limitations in claims 2-8, 10-16, and 18-20 merely further limit the abstract idea or generally link the abstract idea to a particular technological environment.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-3, 7, 9-11, 14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20110258049 (“Ramer”) in view of US Patent Application Publication Number 20120252558 (“Mishra) in view of US Patent Application Number 20130191195 (“Carlson”) in view of US Patent Application Publication Number 20120296716 (“Barbeau”).
Claim 1
As per claim 1, Ramer teaches a computer-implemented method comprising:
communicating with a mobile application that is downloaded onto a user device, the mobile application providing a search user interface for initiating a search for an electronic offer associated with a vendor ([1859] “download of a smart phone application.” And, [1860] “once the user is presented with the application store webpage, she may click on a specific application link to . . . download an application.” And, [0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” And, [0299] “a search function to retrieve, sort, present, or route results . . . such a user may be presented preferably with content that is related to a vacation, such as showing hotels, rental cars, or flight promotion.” And, [0413] “The user then inputs a new search query . . . [t]he mobile search platform 100 than delivers an advertisement to the user's mobile communication facility for an inflatable water slide from a local party rental store.”);
receiving, at the search user interface, one or more search criteria to search for the electronic offer associated with the vendor ([0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” And, [0299] “a search function to retrieve, sort, present, or route results . . . such a user may be presented preferably with content that is related to a vacation, such as showing hotels, rental cars, or flight promotion.” And, [0413] “The user then inputs a new search query . . . [t]he mobile search platform 100 than delivers an advertisement to the user's mobile communication facility for an inflatable water slide from a local party rental store.”);
based on the one or more search criteria, identifying selectable electronic offers via the search user interface based on an automatically derived location of the user device based on GPS, the location being associated with a time of receiving the one or more search criteria ([0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0186] “a location of the user may be determined through a GPS system (or other location based service), and this location may be used to filter results.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0945] “[w]hen mobile content is received by the mobile communication facility, the variable function key may become an opt-in key for an offer of the mobile content. The user may automatically opt-in to an offer of the mobile content by activating the variable function key.” And, [0399] “a sponsored link from the restaurant, and the user may activate the sponsored link (e.g. by clicking on it). Once activated, or clicked or interacted with, the user may be presented with information relating to the restaurant.” And, [0110] “the locator facility may enable linkage of other information, such as information about a user query, with information about the user's geographic location at the time the query was initiated.” Examiner interprets an offer that a user may opt in to by clicking as a selectable electronic offer. Examiner notes that the offers are filtered based on the location of the user device derived via GPS and that the geographic location of the user is determined at the time the query was initiated.”);
providing, via the search user interface, a selectable icon to view locations associated with each of the selectable electronic offers provided based on the automatically derived location of the user device and based on the one or more search criteria ([0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” [0399] “downloaded results presented may include a sponsored link from the restaurant, and the user may activate the sponsored link (e.g. by clicking on it). Once activated, or clicked or interacted with, the user may be presented with information relating to the restaurant . . . the restaurant may present users with a coupon or other sale if they arrive at the restaurant within a predetermined time. Knowing they are in the area and knowing the volume of restaurant traffic, the restaurant may be able to offer a more targeted sale offer.”)
Ramer does not explicitly teach but Mishra teaches:
providing, via the search user interface, a selectable icon to view locations associated with each of the selectable electronic offers provided based on the automatically derived location of the user device and based on the one or more search criteria ([0006] “The server searches its database of potential offers from vendors based on location data for the user's account or device . . . returns the search results.” And, [0047] “display of the potential offers for the present location. Each of these offers preferably shows a category, title, and offer. In addition, in some embodiments each of these offers could show a distance from the user terminal's current location. Button 310 causes user terminal 105 to display a map view of the offers by location.”).
Ramer does not explicitly teach but Mishra teaches:
receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers ([0047] “Button 310 causes user terminal 105 to display a map view of the offers by location.”).
Ramer does not explicitly teach but Mishra teaches:
the digital discount card being configured to present vendor location information ([0021] “user terminal is to present . . . activated offers to the user.” And, [0047] “FIG. 2. Area 305 is a tiled display of the potential offers for the present location. Each of these offers preferably shows a category, title, and offer. In addition, in some embodiments each of these offers could show a distance from the user terminal's current location.” And, [0047] “user terminal 105 to display a map view of the offers by location.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify Ramer to include providing, via the search user interface, a selectable icon to view locations associated with each of the selectable electronic offers provided based on the automatically derived location of the user device and based on the one or more search criteria and receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers and the digital discount card being configured to present vendor location information as taught by Mishra in order to “show a distance from the user terminal's current location” (Mishra [0047]) increasing the likelihood the user will visit a nearby location.
Mishra teaches selectable button to view locations associated with each of the selected offers and Ramer teaches automatically identifying the user device location but Ramer and Mishra do not explicitly teach the following feature taught by Carlson:
based on receiving the selection of the selectable icon to view the locations, providing for display by the mobile application a vendor location map interface that includes the automatically derived location of the user device and the locations associated with each of the selectable electronic offers ([0327] “FIG. 24 shows a system to present and process offers . . . In FIG. 24, a user device, such as the mobile device (611) of a user (101), is configured with a user locator (613) to identify a location of the user (101) for presentation on a map displayed by the map engine (615). The offer manager (617) is configured to present offers in a form of icons on the map displayed by the map engine (615) based on the location determined by the user locator (613).” And, [0329] “the user locator (613) is configured to show a user icon (631) representing the location where the user (101) is currently located.” And, [0350] “the user (101) may select one or more offer icons (e.g., 633-637) and request the offer manager (617) to communicate with the portal (143) to present the advertisement content (629) and/or a description of the benefit (625) of the selected offer (e.g., 186).” In order to provide convenient access to the information associated with the active offers.” And, [0334] “the locations of the merchants of the active offers.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer and Mishra to include wherein the one or more search criteria received includes a particular category associated with an item, and wherein the method further comprises providing for display on the mobile application a value of a first selectable electronic offer of the selectable electronic offers, contact information associated with the vendor and the first selectable electronic offer, and terms and conditions associated with the first selectable electronic offer upon receiving a selection of a first location of the locations displayed on the vendor location map interface as taught by Carlson in order to provide “convenient access to the information associated with the active offers” (Carlson [0330]) “to present effective, timely, and relevant marketing information to the user” (Carlson [0092]).
Ramer does not explicitly teach but Barbeau teaches:
wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer ([0024] “as selecting the offer from a list presented via a user interface of the device . . . multiple actions may be required to reveal the redemption indicia wherein the first action is considered an attempt to reveal the redemption indicia triggering the validation protocol described above and wherein a subsequent action may only be performed to ultimately reveal the redemption indicia once the offer has been validated by the offer server.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria.” Examiner interprets performing an action to select an offer and confirming the selection to real the offer redemption requirements as activating a digital discount card object (i.e., activating the displayed offer.” Examiner interprets the virtual punch card showing the user’s progress as a digital discount card. And, [0030] “storing an association between the user and the offer for the financial incentive.” And, [0050] “the data previously received and stored in the database, and made at different times, fully satisfy or have fully satisfied the offer generation criterion for that user.”) ;
Ramer does not explicitly teach but Barbeau teaches:
the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer ([0011] “offers for financial incentives may be provided in an electronic form to a user . . . updating the offer to indicate that it has been redeemed.” And, [0024] “selecting the offer from a list presented via a user interface of the device.” And, [0022] “redemption indicia may remain at least partially viewable/obscured by an indication that the offer has been redeemed.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria. If, for example, the one or more offer generation criteria specify that the user purchase 5 cups of small coffee at any Dunkin Donut's location, the virtual “punch” card may illustrate or depict the criterion and provide an indication of the user's progress with respect to that criterion. In other words, the virtual “punch” card may provide an indication of the offer generation criteria and depict or illustrate how many cups of coffee the user has purchased, and, thus, how many more cups of coffee the user needs to purchase to fully satisfy that criterion.” Examiner interprets the virtual punch card displaying how many products have been purchased as a visual representation that is updateable based on utilization of the selectable electronic offer.);
Ramer does not explicitly teach but Barbeau teaches:
the digital discount card being configured to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization ([0011] “the offer or redemption code may be partially displayed or obscured by a indication that the offer has been redeemed or has expired.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria. If, for example, the one or more offer generation criteria specify that the user purchase 5 cups of small coffee at any Dunkin Donut's location, the virtual “punch” card may illustrate or depict the criterion and provide an indication of the user's progress with respect to that criterion. In other words, the virtual “punch” card may provide an indication of the offer generation criteria and depict or illustrate how many cups of coffee the user has purchased, and, thus, how many more cups of coffee the user needs to purchase to fully satisfy that criterion.” And, [0030] “determining the offer from a plurality of offers available to be provided to the user.” Examiner interprets offers displayed as expired or already redeemed as a visual representation indicating unavailability.);
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Barbeau, and Carlson to include wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer; the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer; and the digital discount card being configured to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization as taught by Barbeau in order to “prevent[] fraudulent or otherwise improper redemption/obtaining of the financial incentive by a consumer bearing the redemption indicia or a consumer other than the bearer” (Barbeau [0027]).
Claim 2
As per claim 2, Ramer further teaches:
wherein the mobile application is downloaded based on providing an identifier on a website that directs the user device to an application store to download the mobile application, and wherein the selectable electronic offers each corresponds to a browser-based electronic offer that is accessible on a second website via a web-browser ([1859] “download of a smart phone application.” And, [1860] “once the user is presented with the application store webpage, she may click on a specific application link to . . . download an application.” And [0399] “downloaded results presented may include a sponsored link from the restaurant, and the user may activate the sponsored link (e.g. by clicking on it). Once activated, or clicked or interacted with, the user may be presented with information relating to the restaurant . . . the restaurant may present users with a coupon or other sale if they arrive at the restaurant within a predetermined time.” And, [0617] “mobile browser facility may be used in the process of retrieving results from a results facility.”).
Claim 3
As per claim 3, Mishra does not explicitly teach but Carlson teaches:
wherein the one or more search criteria received includes a particular category associated with an item, and wherein the method further comprises providing for display on the mobile application a value of a first selectable electronic offer of the selectable electronic offers, contact information associated with the vendor and the first selectable electronic offer, and terms and conditions associated with the first selectable electronic offer upon receiving a selection of a first location of the locations displayed on the vendor location map interface ([0044] “the user may interact with the icons that represent the offers on the map to view the details of the offers, select offers for association with the consumer account of the user.” And, [0326] “allowing the user to select the offer icons to further view the detailed information about the selected offers represented by the offer icons.” And. [0349] “the user (101) may select one or more offer icons (e.g., 635 or 637) representing matching offers.” And, [0218] “the purchase details (169) show that the conditions for the redemption of the manufacturer.” And, [0481] “receive queries identifying search criteria.” And, [0340] “choosing a specific offer (186) that is classified in one or more categories, selecting offers.” And, [0434] “different merchants characterized by merchant category.” And, [0048] “merchant provided information, address information.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, and Barbeau to include wherein the one or more search criteria received includes a particular category associated with an item, and wherein the method further comprises providing for display on the mobile application a value of a first selectable electronic offer of the selectable electronic offers, contact information associated with the vendor and the first selectable electronic offer, and terms and conditions associated with the first selectable electronic offer upon receiving a selection of a first location of the locations displayed on the vendor location map interface as taught by Carlson in order to provide “convenient access to the information associated with the active offers” (Carlson [0330]) “to present effective, timely, and relevant marketing information to the user” (Carlson [0092]).
Claim 7
As per claim 7, Ramer further teaches:
wherein the one or more search criteria includes a name corresponding to the vendor ([1669] “For example, a user may perform a search for ‘BMW dealers.’” And, [0405] “searching amazon.com.”).
Claim 9
As per claim 9, Ramer teaches one or more non-transitory computer-readable media having computer-executable instructions embodied thereon for performing operations comprising:
communicating with a mobile application that is downloaded onto a user device, the mobile application providing a search user interface for initiating a search for an electronic offer associated with a vendor ([1859] “download of a smart phone application.” And, [1860] “once the user is presented with the application store webpage, she may click on a specific application link to . . . download an application.” And, [0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” And, [0299] “a search function to retrieve, sort, present, or route results . . . such a user may be presented preferably with content that is related to a vacation, such as showing hotels, rental cars, or flight promotion.” And, [0413] “The user then inputs a new search query . . . [t]he mobile search platform 100 than delivers an advertisement to the user's mobile communication facility for an inflatable water slide from a local party rental store.”);
receiving, at the search user interface, one or more search criteria to search for the electronic offer associated with the vendor ([0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” And, [0299] “a search function to retrieve, sort, present, or route results . . . such a user may be presented preferably with content that is related to a vacation, such as showing hotels, rental cars, or flight promotion.” And, [0413] “The user then inputs a new search query . . . [t]he mobile search platform 100 than delivers an advertisement to the user's mobile communication facility for an inflatable water slide from a local party rental store.”);
based on the one or more search criteria based on receiving an indication from the user device to utilize a current location of the user device, the current location of the user device being automatically derived via a cellular identified location ([0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0186] “a location of the user may be determined through a GPS system (or other location based service), and this location may be used to filter results.” And, [0124] “pinpoint a user's location . . . triangulation of cellular signals.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0124] “a locator facility enabling the collection of geographic or other location data on users of mobile communication facilities . . . triangulation of cellular signal.” And, [0945] “[w]hen mobile content is received by the mobile communication facility, the variable function key may become an opt-in key for an offer of the mobile content. The user may automatically opt-in to an offer of the mobile content by activating the variable function key.” And, [0399] “a sponsored link from the restaurant, and the user may activate the sponsored link (e.g. by clicking on it). Once activated, or clicked or interacted with, the user may be presented with information relating to the restaurant.” And, [0110] “the locator facility may enable linkage of other information, such as information about a user query, with information about the user's geographic location at the time the query was initiated.” Examiner interprets an offer that a user may opt in to by clicking as a selectable electronic offer. Examiner notes that the offers are filtered based on the location of the user device derived via GPS and that the geographic location of the user is determined at the time the query was initiated.);
Ramer does not explicitly teach but Mishra teaches:
causing to provide, via the search user interface, a selectable icon to view locations associated with selectable electronic offers based on the one or more search criteria received ([0006] “The server searches its database of potential offers from vendors based on location data for the user's account or device . . . returns the search results.” And, [0047] “display of the potential offers for the present location. Each of these offers preferably shows a category, title, and offer. In addition, in some embodiments each of these offers could show a distance from the user terminal's current location. Button 310 causes user terminal 105 to display a map view of the offers by location.”).
Ramer does not explicitly teach but Mishra teaches:
receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers ([0047] “Button 310 causes user terminal 105 to display a map view of the offers by location.”).
Ramer does not explicitly teach but Mishra teaches:
the digital discount card being configured to present vendor location information ([0021] “user terminal is to present . . . activated offers to the user.” And, [0047] “FIG. 2. Area 305 is a tiled display of the potential offers for the present location. Each of these offers preferably shows a category, title, and offer. In addition, in some embodiments each of these offers could show a distance from the user terminal's current location.” And, [0047] “user terminal 105 to display a map view of the offers by location.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify Ramer to include causing to provide, via the search user interface, a selectable icon to view locations associated with selectable electronic offers based on the one or more search criteria received and receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers, and the digital discount card being configured to present vendor location information as taught by Mishra in order to “show a distance from the user terminal's current location” (Mishra [0047]) increasing the likelihood the user will visit a nearby location.
Mishra teaches selectable button to view locations associated with each of the selected offers and Ramer teaches automatically identifying the user device location but Ramer and Mishra do not explicitly teach the following feature taught by Carlson:
based on receiving the selection of the selectable icon to view the locations and based on the current location of the user device, causing to provide for display by the mobile application a vendor location map interface that includes the current location of the user device and the locations associated with each of the selectable electronic offers, the locations associated with each of the selectable electronic offers being displayed relative to the current location of the user device ([0327] “FIG. 24 shows a system to present and process offers . . . In FIG. 24, a user device, such as the mobile device (611) of a user (101), is configured with a user locator (613) to identify a location of the user (101) for presentation on a map displayed by the map engine (615). The offer manager (617) is configured to present offers in a form of icons on the map displayed by the map engine (615) based on the location determined by the user locator (613).” And, [0329] “the user locator (613) is configured to show a user icon (631) representing the location where the user (101) is currently located.” And, [0350] “the user (101) may select one or more offer icons (e.g., 633-637) and request the offer manager (617) to communicate with the portal (143) to present the advertisement content (629) and/or a description of the benefit (625) of the selected offer (e.g., 186).” In order to provide convenient access to the information associated with the active offers.” And, [0334] “the locations of the merchants of the active offers.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer and Mishra to include based on receiving the selection of the selectable icon to view the locations and based on the current location of the user device, causing to provide for display by the mobile application a vendor location map interface that includes the current location of the user device and the locations associated with each of the selectable electronic offers, the locations associated with each of the selectable electronic offers being displayed relative to the current location of the user device as taught by Carlson in order to provide “convenient access to the information associated with the active offers” (Carlson [0330]) “to present effective, timely, and relevant marketing information to the user” (Carlson [0092]).
Ramer does not explicitly teach but Barbeau teaches:
wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer ([0024] “as selecting the offer from a list presented via a user interface of the device . . . multiple actions may be required to reveal the redemption indicia wherein the first action is considered an attempt to reveal the redemption indicia triggering the validation protocol described above and wherein a subsequent action may only be performed to ultimately reveal the redemption indicia once the offer has been validated by the offer server.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria.” Examiner interprets performing an action to select an offer and confirming the selection to real the offer redemption requirements as activating a digital discount card object (i.e., activating the displayed offer.” Examiner interprets the virtual punch card showing the user’s progress as a digital discount card. And, [0030] “storing an association between the user and the offer for the financial incentive.” And, [0050] “the data previously received and stored in the database, and made at different times, fully satisfy or have fully satisfied the offer generation criterion for that user.”).
Ramer does not explicitly teach but Barbeau teaches:
the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer ([0011] “offers for financial incentives may be provided in an electronic form to a user . . . updating the offer to indicate that it has been redeemed.” And, [0024] “selecting the offer from a list presented via a user interface of the device.” And, [0022] “redemption indicia may remain at least partially viewable/obscured by an indication that the offer has been redeemed.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria. If, for example, the one or more offer generation criteria specify that the user purchase 5 cups of small coffee at any Dunkin Donut's location, the virtual “punch” card may illustrate or depict the criterion and provide an indication of the user's progress with respect to that criterion. In other words, the virtual “punch” card may provide an indication of the offer generation criteria and depict or illustrate how many cups of coffee the user has purchased, and, thus, how many more cups of coffee the user needs to purchase to fully satisfy that criterion.” Examiner interprets the virtual punch card displaying how many products have been purchased as a visual representation that is updateable based on utilization of the selectable electronic offer.);
Ramer does not explicitly teach but Barbeau teaches:
the digital discount card being configured to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization ([0011] “the offer or redemption code may be partially displayed or obscured by a indication that the offer has been redeemed or has expired.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria. If, for example, the one or more offer generation criteria specify that the user purchase 5 cups of small coffee at any Dunkin Donut's location, the virtual “punch” card may illustrate or depict the criterion and provide an indication of the user's progress with respect to that criterion. In other words, the virtual “punch” card may provide an indication of the offer generation criteria and depict or illustrate how many cups of coffee the user has purchased, and, thus, how many more cups of coffee the user needs to purchase to fully satisfy that criterion.” And, [0030] “determining the offer from a plurality of offers available to be provided to the user.” Examiner interprets offers displayed as expired or already redeemed as a visual representation indicating unavailability.).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Barbeau, and Carlson to include wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer, the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer; and the digital discount card being configured to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization as taught by Barbeau in order to “prevent[] fraudulent or otherwise improper redemption/obtaining of the financial incentive by a consumer bearing the redemption indicia or a consumer other than the bearer” (Barbeau [0027]).
Claim 10
As per claim 10, Ramer further teaches:
wherein receiving the one or more search criteria includes an indication to search by location ([0369] “As the mobile communication facility enters a second location, the mobile search results may be updated based at least in part on the second location information and used to present search results relating to the second location.” And, [0383] “The client application may include . . . a location-based search application.”), the operations further comprising:
automatically deriving a location of the user device based on a GPS of the user device ([0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0186] “a location of the user may be determined through a GPS system (or other location based service), and this location may be used to filter results.”);
causing to display the selectable electronic offers based on the location of the user device derived based on the GPS of the user device ([0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0399] “downloaded results presented may include a sponsored link from the restaurant, and the user may activate the sponsored link (e.g. by clicking on it). And, [0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” And, [0299] “a search function to retrieve, sort, present, or route results . . . such a user may be presented preferably with content that is related to a vacation, such as showing hotels, rental cars, or flight promotion.”).
Claim 11
As per claim 11, Ramer further teaches:
wherein receiving the one or more search criteria includes receiving a portion of a vendor
name for the vendor ([1669] “For example, a user may perform a search for ‘BMW dealers.’” And, [0405] “searching amazon.com.”).
Claim 14
As per claim 14, Ramer further teaches:
wherein the one or more search criteria is received via a search bar for receiving textual inputs ([0374] “a user of a mobile communication facility 102 may initiate a text search query titled "restaurant" from a first location.” And, [0625] “results may be retrieved based, in part, on a search query entered on a mobile communication facility.” And, [0872] “a user may enter text into an address bar.”).
Claims 16 and 20
As per claims 16 and 20, Ramer further teaches:
wherein the mobile application is a stand-alone application ([0368] “a mobile search application for receiving search results that include mobile content relating to that location.”).
Claim 17
As per claim 17, Ramer teaches one or more non-transitory computer-readable media having computer-executable instructions embodied thereon for performing operations comprising:
one or more computing devices ([0392] “computing devices”);
a memory coupled to the one or more computing devices and storing instructions that, when executed by the one or more computing devices ([0391] “memory”) cause the system to perform operations comprising:
communicating with a mobile application that is downloaded onto a user device, the mobile application providing a search user interface including one or more search criteria options for initiating a search for an electronic offer associated with a vendor ([1859] “download of a smart phone application.” And, [1860] “once the user is presented with the application store webpage, she may click on a specific application link to . . . download an application.” And, [0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” And, [0299] “a search function to retrieve, sort, present, or route results . . . such a user may be presented preferably with content that is related to a vacation, such as showing hotels, rental cars, or flight promotion.” And, [0413] “The user then inputs a new search query . . . [t]he mobile search platform 100 than delivers an advertisement to the user's mobile communication facility for an inflatable water slide from a local party rental store.”);
receiving, via the one or more search criteria options for initiating the search, one or more search criteria for the electronic offer associated with the vendor ([0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0946] “a webpage and associated mobile content inviting the user to view current special offers from a competitive electronics retailer may be displayed on the mobile communication facility.” And, [0299] “a search function to retrieve, sort, present, or route results . . . such a user may be presented preferably with content that is related to a vacation, such as showing hotels, rental cars, or flight promotion.” And, [0413] “The user then inputs a new search query . . . [t]he mobile search platform 100 than delivers an advertisement to the user's mobile communication facility for an inflatable water slide from a local party rental store.”);
based on the one or more search criteria, identifying one or more selectable electronic offers via the search user interface based on a received indication from the user device to utilize a GPS location of the user device ([0757] “a search query may be entered in a search box on a mobile communicating facility.” And, [0186] “a location of the user may be determined through a GPS system (or other location based service), and this location may be used to filter results.” And, [0124] “pinpoint a user's location . . . triangulation of cellular signals.” And, [0369] “a mobile search application for receiving search results that include mobile content relating to that location.” And, [0945] “[w]hen mobile content is received by the mobile communication facility, the variable function key may become an opt-in key for an offer of the mobile content. The user may automatically opt-in to an offer of the mobile content by activating the variable function key.” And, [0399] “a sponsored link from the restaurant, and the user may activate the sponsored link (e.g. by clicking on it). Once activated, or clicked or interacted with, the user may be presented with information relating to the restaurant.” And, [0110] “the locator facility may enable linkage of other information, such as information about a user query, with information about the user's geographic location at the time the query was initiated.” Examiner interprets an offer that a user may opt in to by clicking as a selectable electronic offer. Examiner notes that the offers are filtered based on the location of the user device derived via GPS and that the geographic location of the user is determined at the time the query was initiated.).
Ramer does not explicitly teach but Mishra teaches:
providing, via the search user interface, a selectable icon to view a location associated with each of the one or more selectable electronic offers provided based on the GPS location of the user device ([0006] “The server searches its database of potential offers from vendors based on location data for the user's account or device . . . returns the search results.” And, [0047] “display of the potential offers for the present location. Each of these offers preferably shows a category, title, and offer. In addition, in some embodiments each of these offers could show a distance from the user terminal's current location. Button 310 causes user terminal 105 to display a map view of the offers by location.”).
Ramer does not explicitly teach but Mishra teaches:
receiving a selection of the selectable icon to view the location associated with each of the one or more selectable electronic offers ([0047] “Button 310 causes user terminal 105 to display a map view of the offers by location.”).
Ramer does not explicitly teach but Mishra teaches:
the digital discount card being configured to present vendor location information ([0021] “user terminal is to present . . . activated offers to the user.” And, [0047] “FIG. 2. Area 305 is a tiled display of the potential offers for the present location. Each of these offers preferably shows a category, title, and offer. In addition, in some embodiments each of these offers could show a distance from the user terminal's current location.” And, [0047] “user terminal 105 to display a map view of the offers by location.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify Ramer to include providing, via the search user interface, a selectable icon to view a location associated with each of the one or more selectable electronic offers provided based on the GPS location of the user device and receiving a selection of the selectable icon to view the location associated with each of the one or more selectable electronic offers; and the digital discount card being configured to present vendor location information as taught by Mishra in order to “show a distance from the user terminal's current location” (Mishra [0047]) increasing the likelihood the user will visit a nearby location.
Mishra teaches selectable button to view locations associated with each of the selected offers and Ramer teaches automatically identifying the user device location but Ramer and Mishra do not explicitly teach the following feature taught by Carlson:
based on receiving the selection of the selectable icon to view the location, providing for display by the mobile application a vendor location map interface that includes the GPS location of the user device and the location associated with each of the one or more selectable electronic offers ([0327] “FIG. 24 shows a system to present and process offers . . . In FIG. 24, a user device, such as the mobile device (611) of a user (101), is configured with a user locator (613) to identify a location of the user (101) for presentation on a map displayed by the map engine (615). The offer manager (617) is configured to present offers in a form of icons on the map displayed by the map engine (615) based on the location determined by the user locator (613).” And, [0329] “the user locator (613) is configured to show a user icon (631) representing the location where the user (101) is currently located.” And, [0350] “the user (101) may select one or more offer icons (e.g., 633-637) and request the offer manager (617) to communicate with the portal (143) to present the advertisement content (629) and/or a description of the benefit (625) of the selected offer (e.g., 186).” In order to provide convenient access to the information associated with the active offers.” And, [0334] “the locations of the merchants of the active offers.” And, [0356] “a global positioning system (GPS) receiver which is configured to determine the current position of the mobile device (611) to display the user icon (631) at the determined current position.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer and Mishra to include based on receiving the selection of the selectable icon to view the location, providing for display by the mobile application a vendor location map interface that includes the GPS location of the user device and the location associated with each of the one or more selectable electronic offers as taught by Carlson in order to provide “convenient access to the information associated with the active offers” (Carlson [0330]) “to present effective, timely, and relevant marketing information to the user” (Carlson [0092]).
Ramer does not explicitly teach but Barbeau teaches:
wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer ([0024] “as selecting the offer from a list presented via a user interface of the device . . . multiple actions may be required to reveal the redemption indicia wherein the first action is considered an attempt to reveal the redemption indicia triggering the validation protocol described above and wherein a subsequent action may only be performed to ultimately reveal the redemption indicia once the offer has been validated by the offer server.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria.” Examiner interprets performing an action to select an offer and confirming the selection to real the offer redemption requirements as activating a digital discount card object (i.e., activating the displayed offer.” Examiner interprets the virtual punch card showing the user’s progress as a digital discount card. And, [0030] “storing an association between the user and the offer for the financial incentive.” And, [0050] “the data previously received and stored in the database, and made at different times, fully satisfy or have fully satisfied the offer generation criterion for that user.”).
Ramer does not explicitly teach but Barbeau teaches:
the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer ([0011] “offers for financial incentives may be provided in an electronic form to a user . . . updating the offer to indicate that it has been redeemed.” And, [0024] “selecting the offer from a list presented via a user interface of the device.” And, [0022] “redemption indicia may remain at least partially viewable/obscured by an indication that the offer has been redeemed.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria. If, for example, the one or more offer generation criteria specify that the user purchase 5 cups of small coffee at any Dunkin Donut's location, the virtual “punch” card may illustrate or depict the criterion and provide an indication of the user's progress with respect to that criterion. In other words, the virtual “punch” card may provide an indication of the offer generation criteria and depict or illustrate how many cups of coffee the user has purchased, and, thus, how many more cups of coffee the user needs to purchase to fully satisfy that criterion.” Examiner interprets the virtual punch card displaying how many products have been purchased as a visual representation that is updateable based on utilization of the selectable electronic offer.);
Ramer does not explicitly teach but Barbeau teaches:
the digital discount card being configured to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization ([0011] “the offer or redemption code may be partially displayed or obscured by a indication that the offer has been redeemed or has expired.” And, [0051] “The virtual ‘punch’ card may indicate or illustrate the one or more offer generation criteria and/or the user's progress towards fully satisfying the one or more offer generation criteria. If, for example, the one or more offer generation criteria specify that the user purchase 5 cups of small coffee at any Dunkin Donut's location, the virtual “punch” card may illustrate or depict the criterion and provide an indication of the user's progress with respect to that criterion. In other words, the virtual “punch” card may provide an indication of the offer generation criteria and depict or illustrate how many cups of coffee the user has purchased, and, thus, how many more cups of coffee the user needs to purchase to fully satisfy that criterion.” And, [0030] “determining the offer from a plurality of offers available to be provided to the user.” Examiner interprets offers displayed as expired or already redeemed as a visual representation indicating unavailability.).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Barbeau, and Carlson to include wherein a selectable electronic offer operates responsive to activation of a digital discount card object that stores data associated with activation and utilization of the selectable electronic offer, the digital discount card object comprising user-specific activation data associated with activation of the digital discount card, and a visual representation that is updatable based on utilization of the selectable electronic offer; and the digital discount card being configured to present available and unavailable offers including modification of the visual representation to indicate unavailability based on utilization as taught by Barbeau in order to “prevent[] fraudulent or otherwise improper redemption/obtaining of the financial incentive by a consumer bearing the redemption indicia or a consumer other than the bearer” (Barbeau [0027]).
Claim 18
As per claim 18, Ramer further teaches:
wherein the one or more search criteria comprises a vendor name and a vendor category ([1669] “For example, a user may perform a search for ‘BMW dealers.’” And, [0405] “searching amazon.com.” And, [1002] “the formatting may expand category results.” And, [1152] “The returned URLs may then be weighted and categorized to provide a category for the given query.”).
Claim 19
As per claim 19, Ramer further teaches:
wherein the one or more search criteria comprises one or more of a group name, a group category, and a group location ([0379] “generated search queries may be based at least in part on information relating to the mobile communication facility. The information relating to a mobile communication facility may be a user characteristic selected from the group consisting of age, sex, race, religion, area code, zip code, home address, work address, billing address, credit information, family information, income information, birth date, birthplace, employer, job title, length of employment, and the like.” And, [0911] “Once this model is known, all customers with approximately the profile described by the model could be grouped in a “Caribbean Cruisers” category.”).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20110258049 (“Ramer”) in view of US Patent Application Publication Number 20120252558 (“Mishra) in view of US Patent Application Number 20130191195 (“Carlson”) in view of US Patent Application Publication Number 20120296716 (“Barbeau”) as applied to claim 1 above, and in further view of US Patent Application Publication Number 20090287570 (“Adamousky”).
Claim 4
As per claim 4, Ramer further teaches:
wherein the search user interface provides a link to details about the selectable electronic offers ([0945] “[w]hen mobile content is received by the mobile communication facility, the variable function key may become an opt-in key for an offer of the mobile content. The user may automatically opt-in to an offer of the mobile content by activating the variable function key.” And, [0399] “a sponsored link from the restaurant, and the user may activate the sponsored link (e.g. by clicking on it). Once activated, or clicked or interacted with, the user may be presented with information relating to the restaurant . . . the restaurant may present users with a coupon or other sale if they arrive at the restaurant within a predetermined time.”).
Ramer does not explicitly teach Adamousky teaches:
and previous services provided by the vendor and purchased by the user device ([abstract] “After purchasing goods or services from the affiliated vendors, consumers view a purchase history and receive credit based on purchase amounts.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, and Barbeau to include and previous services provided by the vendor and purchased by the user device as taught by Adamousky in order to provide “incentives that motivate consumers to select affiliated vendors” (Adamousky [0006]) encouraging repeat business.
Claim 5 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20110258049 (“Ramer”) in view of US Patent Application Publication Number 20120252558 (“Mishra) in view of US Patent Application Number 20130191195 (“Carlson”) in view of US Patent Application Publication Number 20120296716 (“Barbeau”) as applied to claim 1 above, and in further view of US Patent Application Publication Number 20130191197 (“Hamrick”).
Claim 5
As per claim 5, Ramer does not explicitly teach but Hamrick teaches:
further comprising transmitting a request to receive a vendor authentication code via the mobile application based on receiving a selection of one of the selectable electronic offers ([0042] “if the customer is searching for an offer code for a sushi restaurant, the customer may search the offer code database for participating sushi restaurants. When the customer locates an offer code that is appealing, the customer may select the offer code, and the system, at Step 310, will receive the request for the offer code. Next, at Step 320, the system may provide the offer code to the customer for the particular business.” And, [0048] “A user wishing to claim a particular offer may select (e.g., click on) a “Get Code” indicia associated with the particular offer. In response to selection of the Get Code indicia 508 by the customer, the system may be configured to provide a code for the associated particular offer.”
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, and Barbeau to include further comprising transmitting a request to receive a vendor authentication code via the mobile application based on receiving a selection of one of the selectable electronic offers as taught by Hamrick in order to “receive feedback from customers concerning their business . . . to entice new customers to patronize their business” (Hamrick [0002]).
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20110258049 (“Ramer”) in view of US Patent Application Publication Number 20120252558 (“Mishra) in view of US Patent Application Number 20130191195 (“Carlson”) in view of US Patent Application Publication Number 20120296716 (“Barbeau”) as applied to claims 1 and 9 above, and in further view of US Patent Publication Number 8554673 (“McRae”).
Claim 6
As per claim 6, Ramer does not explicitly teach but Carlson teaches:
the selectable electronic offers displayed on the vendor location map interface ([0327] “FIG. 24 shows a system to present and process offers . . . In FIG. 24, a user device, such as the mobile device (611) of a user (101), is configured with a user locator (613) to identify a location of the user (101) for presentation on a map displayed by the map engine (615). The offer manager (617) is configured to present offers in a form of icons on the map displayed by the map engine (615) based on the location determined by the user locator (613).” And, [0329] “the user locator (613) is configured to show a user icon (631) representing the location where the user (101) is currently located.” And, [0350] “the user (101) may select one or more offer icons (e.g., 633-637) and request the offer manager (617) to communicate with the portal (143) to present the advertisement content (629) and/or a description of the benefit (625) of the selected offer (e.g., 186).” In order to provide convenient access to the information associated with the active offers.” And, [0334] “the locations of the merchants of the active offers.” And, [0356] “a global positioning system (GPS) receiver which is configured to determine the current position of the mobile device (611) to display the user icon (631) at the determined current position.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer Mishra, Carlson, and Barbeau to include the selectable electronic offers displayed on the vendor location map interface as taught by Carlson in order to provide “convenient access to the information associated with the active offers” (Carlson [0330]) “to present effective, timely, and relevant marketing information to the user” (Carlson [0092]).
Ramer does not explicitly teach but McRae teaches:
further comprising transmitting an electronic payment to the vendor based on receiving an indication to purchase one of the selectable electronic offers ([col. 2, lines 50-55] “the seller's acceptance of the offer for early payment is received through the clickable button, and in response to such acceptance, electronic payment is effected from the buyer to the seller.”)
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, and Barbeau to include further comprising transmitting an electronic payment to the vendor based on receiving an indication to purchase one of the selectable electronic offers as taught by McRae so that “[p]ayment is then automatically effected from the buyer to the seller based on the more favorable of the discount term from” ([col. 3, lines 60-62]) ensuring that payment is timely by motivating buyer to pay early and receive a higher discount.
Claim 12
As per claim 12, Ramer does not explicitly teach but Carlson teaches:
receiving a selection of one of the selectable electronic offers ([0327] “FIG. 24 shows a system to present and process offers . . . In FIG. 24, a user device, such as the mobile device (611) of a user (101), is configured with a user locator (613) to identify a location of the user (101) for presentation on a map displayed by the map engine (615). The offer manager (617) is configured to present offers in a form of icons on the map displayed by the map engine (615) based on the location determined by the user locator (613).” And, [0329] “the user locator (613) is configured to show a user icon (631) representing the location where the user (101) is currently located.” And, [0350] “the user (101) may select one or more offer icons (e.g., 633-637) and request the offer manager (617) to communicate with the portal (143) to present the advertisement content (629) and/or a description of the benefit (625) of the selected offer (e.g., 186).” In order to provide convenient access to the information associated with the active offers.” And, [0334] “the locations of the merchants of the active offers.” And, [0356] “a global positioning system (GPS) receiver which is configured to determine the current position of the mobile device (611) to display the user icon (631) at the determined current position.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, and Barbeau to include receiving a selection of one of the selectable electronic offers as taught by Carlson in order to provide “convenient access to the information associated with the active offers” (Carlson [0330]) “to present effective, timely, and relevant marketing information to the user” (Carlson [0092]).
Ramer does not explicitly teach but McRae teaches:
causing transmission of an electronic payment to the one of the selectable electronic offers ([col. 2, lines 50-55] “the seller's acceptance of the offer for early payment is received through the clickable button, and in response to such acceptance, electronic payment is effected from the buyer to the seller.”)
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, and Barbeau to include causing transmission of an electronic payment to the one of the selectable electronic offers as taught by McRae so that “[p]ayment is then automatically effected from the buyer to the seller based on the more favorable of the discount term from” ([col. 3, lines 60-62]) ensuring that payment is timely by motivating buyer to pay early and receive a higher discount.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20110258049 (“Ramer”) in view of US Patent Application Publication Number 20120252558 (“Mishra) in view of US Patent Application Number 20130191195 (“Carlson”) in view of US Patent Application Publication Number 20120296716 (“Barbeau”) as applied to claim 1 above, and in further view of US Patent Application Publication Number 20090271275 (“Regmi”).
Claim 8
As per claim 8, Ramer does not explicitly teach but Regmi teaches:
wherein selectable electronic offers are displayed with an expiration date ([0128] “FIG. 13 illustrates an exemplary display screen 1300 that displays a list 1305 of promotional offers 1310 that have been identified.” And, [0128] “there is a column . . . describing the discount or other features of the offer, column describing expiration date of each offer.” And, [0130] “the consumer can select a promotional offer record for which the consumer would like to view a detailed display of the offer.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, and Barbeau to include wherein selectable electronic offers are displayed with an expiration date as taught by Regmi in order to “facilitate[e] the distribution of promotional information for a merchant” (Regmi [0137]).
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20110258049 (“Ramer”) in view of US Patent Application Publication Number 20120252558 (“Mishra) in view of US Patent Application Number 20130191195 (“Carlson”) in view of US Patent Application Publication Number 20120296716 (“Barbeau”) in view of US Patent Publication Number 8554673 (“McRae”) as applied to claim 12 above, and in further view of US Patent Application Number 20110276371 (“Norcross”).
Claim 13
As per claim 13, McRae teaches transmission of electronic payment but Ramer and McRae do not explicitly teach the following feature taught by Norcross:
further comprising causing the one of the selectable electronic offers to be displayed as a different color based on the transmission of the electronic payment, the different color indicating the unavailability of the selectable electronic offers ([0023] “collect the coupon along with the payment after the coupon is applied.” And, [0028] “a representation of a valid and previously unredeemed coupon may include a green dot or circle that provides a visual cue that the coupon is valid and can be used.” And, [0029] “once the coupon has been redeemed, a red dot may be displayed in place of the green dot to indicate that the coupon has already been used and is no longer valid.” Examiner interprets the red color to indicate that the offer is unavailable.).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, Barbeau, and McRae to include further comprising causing the one of the selectable electronic offers to be displayed as a different color based on the transmission of the electronic payment, the different color indicating the unavailability of the selectable electronic offers as taught by Norcross in order to “to validate the coupon using at least the merchant code such that overuse of the coupons or fraud in use of the coupons may be minimized or prevented” (Norcross [0031]).
Claim 15
As per claim 15, Ramer does not explicitly teach but Norcross:
wherein the different color is displayed based on receiving an entry of an authentication code via the mobile application ([0052] “the main screen displays a coupon . . . The indicator dot is in black, showing that the coupon has not been completely redeemed or used. . . . When the user selects the Redeem option, the user interface of FIG. 4B will be displayed and request that a merchant code (e.g., a first code) be entered . . . The user may enter the merchant code” and “select the Validate option to validate the merchant code for the coupon . . . If the entered merchant code is valid, then the user interface shown in FIG. 4C may be displayed to show that the coupon has been validated. FIG. 4C displays the coupon. Then, the indicator dot is in gray to indicate that the coupon has been validated or redeemed or used.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of applicant’s claimed invention to modify the combination of Ramer, Mishra, Carlson, Barbeau, McRae, and Norcross to include wherein the different color is displayed based on receiving an entry of an authentication code via the mobile application as taught by Norcross in order to “to validate the coupon using at least the merchant code such that overuse of the coupons or fraud in use of the coupons may be minimized or prevented” (Norcross [0031]).
Response to Arguments
35 U.S.C. 103
Applicant's arguments, see pages 8-12, filed 3/30/2026, with respect to the rejection(s) of claims
1-20 under 35 U.S.C. 103(a) have been fully considered but are not persuasive.
Applicant argues that “while Ramer, Mishra, and Carlson may collectively describe location-based searches, presentation of offers, and icons on a map, the combination fails to teach or suggest the digital discount card object recited in the claims, including a selectable electronic offer operating responsive to activation of such an object that stores activation and utilization data and dynamically updates its visual representation to indicate unavailability” (remarks page 12). Applicant provided additional remarks further specifying the alleged deficiencies of Ramer, Mishra, and Carlson.
Examiner respectfully replies that the prior 35 U.S.C. 103 rejection rejected the claims in view of Ramer, Mishra, Carlson, and Barbeau and that Applicant did not address Barbeau in the arguments. Examiner notes Barbeau teaches most of Applicant’s claim amendments and refers Applicant to the updated 35 U.S.C. 101 rejection above. With respect to the digital discount card being configured to present vendor location information, Examiner notes that this limitation is taught by both Mishra and Carlson. For example, Mishra [0047] discloses “user terminal 105 to display a map view of the offers by location.” And Carlson discloses “[0334] “the locations of the merchants of the active offers.” Therefore, the combination of Ramer, Mishra, Carlson, and Barbeau reads on amended claims 1, 9, and 17.
35 U.S.C. 101
Applicant's arguments, see pages 1-7, filed 3/30/2026, with respect to the rejection(s) of claims
1-20 under 35 U.S.C. 101 have been fully considered but are not persuasive.
Claim 1 is not abstract. Rather, it is directed to a specific, technological improvement in mobile commerce systems namely, the dynamic identification, management, and presentation of electronic vendor offers using a mobile application that integrates GPS-based location filtering with a digital discount card object. The amended claim expressly recites that the selectable electronic offer "operates based on a digital discount card object comprising user-specific activation data and a visual representation that is updatable based on offer usage." This framework provides a concrete, technical implementation that improves the accuracy, personalization, and reliability of mobile offer systems (remarks page 10).
For example, amended Claim I recites a non-generic method that coordinates a complete pipeline within a mobile application: (i) receiving search criteria through a dedicated search interface, (ii) filtering and identifying offers based on GPS location data at the time of query, (iii) presenting selectable icons for location-based offers, and (iv) generating a vendor location map interface that displays the user's derived location along with associated vendor offers. Importantly, each offer is instantiated as a digital discount card object that stores activation data specific to the user and presents a visual representation that dynamically updates as the offer is redeemed or used.
Examiner respectfully disagrees and replies that providing a generic search interface for initiating a search for offers via a generic mobile application downloaded to a user device is recited at a high level of generality and only generally links the abstract idea to a particular technological environment or merely uses a mobile computing device capable of performing a search as a tool to perform the abstract idea. Further, the use of a search interface itself to obtain electronic offers can also be considered insignificant extra-solution activity (i.e., mere data gathering using the internet – similar to “obtaining information about transactions using the Internet to verify credit card transactions” CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) and MPEP 2106.05(g)). Additionally, determining the user location using GPS is also recited at a high level of generality and amounts to insignificant extra-solution activity. Finally, the limitations providing, via the search user interface, a selectable icon to view locations associated with each of the selectable electronic offers provided based on the automatically derived location of the user device and based on the one or more search criteria; receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers; and based on receiving the selection of the selectable icon to view the locations, providing for display by the mobile application a vendor location map interface that includes the automatically derived location of the user device and the locations associated with each of the selectable electronic offers are recited at a high level of generality and all recite displaying data on a generic user interface. Specifically, Examiner notes the vendor map interface is recited at a high level of generality and only briefly described in Applicant’s published specification (see Fig. 13 and paragraph [0104].) At this level of generality the claims only recite selecting a link to display information (the gathered offer locations and user location) on a generic map interface which merely generally links the abstract idea to a particular technological environment or uses a computer as a tool to perform the abstract idea (displaying data). Further, with respect to wherein a selectable electronic offer operates based on a digital discount card object comprising user specific activation data and a visual representation that is updatable based on offer usage, Examiner notes that limitation is recited at a high level of generality and merely recites displaying information (e.g., user specific activation data and a visual representation that is updatable) on a generic user interface. There is no disclosed technological improvement to a user interface that integrates the abstract idea into a practical application. Accordingly, even in combination, 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 the abstract idea
Second, Applicant argues that:
This configuration materially improves the operation of mobile devices by solving concrete technical problems in digital offer systems, such as the inability of static coupons to reflect usage state, the lack of binding between offers and specific users, and the unreliability of non-contextual search results. The technical solution improves mobile application functionality by ensuring that offers are filtered in real time, personalized to the user's identity and location, and visually updated to reflect actual availability.
These are not generic computing operations or routine coupon-handling steps. Rather, the claims integrate mobile search functionality, GPS-derived filtering, and dynamic, user specific discount card management into a practical and technologically rooted application. As such, the claims are not directed to an abstract idea; or, in the alternative, they are integrated into a practical application and include significantly more than any alleged judicial exception. Applicant respectfully requests withdrawal of the rejection under 35 U.S.C. § 101 (remarks page 11).
Examiner respectfully disagrees and replies that at the level of generality claimed, displaying an updateable visual representation of offer usage merely describes displaying information in a generic user interface and does not amount to solving a technical problem. Similarly, the use of a search interface itself to obtain electronic offers can also be considered insignificant extra-solution activity (i.e., mere data gathering using the internet – similar to “obtaining information about transactions using the Internet to verify credit card transactions” CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) and MPEP 2106.05(g)). Additionally, determining the user location using GPS is also recited at a high level of generality and amounts to insignificant extra-solution activity. Finally, the limitations providing, via the search user interface, a selectable icon to view locations associated with each of the selectable electronic offers provided based on the automatically derived location of the user device and based on the one or more search criteria; receiving a selection of the selectable icon to view the locations associated with each of the selectable electronic offers; and based on receiving the selection of the selectable icon to view the locations, providing for display by the mobile application a vendor location map interface that includes the automatically derived location of the user device and the locations associated with each of the selectable electronic offers are recited at a high level of generality and all recite displaying data on a generic user interface. Specifically, Examiner notes the vendor map interface is recited at a high level of generality and only briefly described in Applicant’s published specification (see Fig. 13 and paragraph [0104].) At this level of generality the claims only recite selecting a link to display information (the gathered offer locations and user location) on a generic map interface which merely generally links the abstract idea to a particular technological environment or uses a computer as a tool to perform the abstract idea (displaying data). Further, with respect to wherein a selectable electronic offer operates based on a digital discount card object comprising user specific activation data and a visual representation that is updatable based on offer usage, Examiner notes that limitation is recited at a high level of generality and merely recites displaying information (e.g., user specific activation data and a visual representation that is updatable) on a generic user interface. There is no disclosed technological improvement to a user interface that integrates the abstract idea into a practical application. Accordingly, even in combination, 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 the abstract idea. Examiner notes that the additional arguments provided by Applicant repeat similar points and have been addressed by these responses.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication Number 20130332258 (“Shiffert”) teaches the search field may enable a user to enter a search query and execute a search by selecting the search control (e.g., a search button). The search may include searches for offers, categories of offers, merchants, or any other suitable search queries
US Patent Application Publication Number 20130346175 (“Muthu”) teaches upon applying a one-time use coupon to a transaction, the one-time use coupon may no longer be valid for any transaction, so it is removed from the user's wallet, and selecting an option such as Apply Coupon/Gift Certificate/Loyalty Card on a selected transaction
US Patent Application Publication Number 20120109751 (“Binenstock”) teaches displaying a map having points of interest that correspond to the locations where special offers of are
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/ALLAN J WOODWORTH, II/Examiner, Art Unit 3622