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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/30/2026 has been entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 13 and 17 – 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Regarding independent claim 1, the claim recites as a whole a method of organizing human activity including commercial or legal interactions because the claims recite a method that includes in response to an input from the user in relation to a product being present at a store, causing capture of an image of the product, the image including code information printed on a label attached to the product, the code information including at least product information and expiration information related to an expiration date of the product; obtaining the product information and expiration information
by causing the code reader to decode the code information, transmitting the product information and the expiration information decoded from the code information, and cause to show information containing an offered price overlaid on a view of the product that is presented based on the captured image; determining the offered price of the product based on the product information and the expiration information, providing information that contains the offered price of the product, among one or a plurality of products present at the store, each corresponding to identical product information to the product information obtained, identifying a price-reduction product whose expiration date is closer than the expiration date of the product that is transmitted; notifying of information related to the identified price-reduction product, and showing, as the information related to the identified price-reduction product obtained, (i) reduced price of the identified price-reduction product, (ii) a position of the identified price-reduction product within the store, and (iii) a quantity in stock at the store of the identified price-reduction product. The mere nominal recitation of a user terminal comprising a display, an imaging device, and a code reader, a server, a processor, a display, and a price determination unit does not take the claims out of the method of organizing human activity grouping. Thus, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application. The claim as a whole merely describes how to generally “apply” the concepts of causing; obtaining; transmitting; determining; providing; identifying; notifying; and, showing in a computer environment. The claimed user terminal, display, imaging device, and code reader are recited at a high level of generality and are merely invoked as tools to perform the claimed method. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the claim as a whole merely describe how to generally “apply” the concepts of causing; obtaining; transmitting; determining; providing; identifying; notifying; and, showing in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Claims 2-13 and 19 are directed to substantially the same abstract idea as claim 1 and are rejected for substantially the same reasons. Claim 2 further narrows the abstract idea of claim 1 by e.g., further defining updating the target route. Claims 2, 4, and 11 further narrow the abstract idea of claim 1 by e.g., further defining information related to the user, association of the user with a category, and user code information. Claim 3 further narrows the abstract idea of claim 1 by e.g., further defining
determining the offered price of the product. Claims 5 and 8 further narrow the abstract idea of claim 1 by e.g., further defining showing pricing information and an operation target. Claim 6 further narrows the abstract idea of claim 1 by e.g., further defining determining and showing an application start time. Claim 7 further narrows the abstract idea of claim 1 by e.g., further defining printing markdown labels. Claims 9 and 12 further narrow the abstract idea of claim 1 by e.g., further defining performing a payment process for the product. Claim 10 further narrows the abstract idea of claim 1 by e.g., further defining obtaining expiration information. Claim 13 further narrows the abstract idea of claim 1 by e.g., further defining storing, notifying and showing product information. These limitations are all directed to a method of organizing human activity including commercial or legal interactions. Thus, claims 2-13 and 19 are directed to substantially the same abstract idea as claim 1 and do not add any additional elements to evaluate at Steps 2A prong two or 2B. Therefore, claims 2-13 and 19 describe neither a practical application of nor significantly more than the abstract idea.
Regarding independent claim 17, the claim recites as a whole a method of organizing human activity including commercial or legal interactions because the claims recite a method that includes in response to an input from the user in relation to a product being present at a store, causing capture an image of the product, the image including code information printed on a label attached to the product, the code information including at least product information and expiration information related to an expiration date of the product; obtaining the product information and expiration information by causing the code reader to decode the code information, acquiring the product information and the expiration information decoded from the code information obtained, determining an offered price of the product based on at least one of the product information and the expiration information acquired, providing information that contains the determined offered price of the product, and causing to show the offered price overlaid on a view of the product that is presented based on the captured image; among one or a plurality of products present at the store, each corresponding to identical product information to the product information obtained by the user terminal, identifying a price-reduction product whose expiration date is earlier than the expiration date of the product that is transmitted; and notifying of information related to the identified price reduction product, and causing to show, as the information related to the identified price-reduction product obtained, (i) reduced price of the identified price-reduction product, (ii) a position of the identified price-reduction product within the store, and (iii) a quantity in stock at the store of the identified price-reduction product. The mere nominal recitation of a user terminal carried by a user, the user terminal comprising a display, an imaging device and a code reader, and a server being capable of communicating with the user terminal does not take the claim out of the method of organizing human activity grouping. Thus, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claim as a whole merely describes how to generally “apply” the concepts of causing; obtaining; acquiring; determining; providing; causing; identifying; notifying; and causing in a computer environment. The claimed user terminal carried by a user, the user terminal comprising a display, an imaging device and a code reader, and a server being capable of communicating with the user terminal are recited at a high level of generality and are merely invoked as tools to perform the claimed method. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the claim as a whole merely describe how to generally “apply” the concepts of causing; obtaining; acquiring; determining; providing; causing; identifying; notifying; and causing in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Regarding independent claim 18, the claim recites as a whole a method of organizing human activity including commercial or legal interactions because the claims recite a method that includes in response to an input from the user in relation to a product being present at a store, causing capture an image of the product, the image including code information printed on a label attached to the product, the code information including at least product information and expiration information related to an expiration date of the product; obtaining the product information and expiration information by causing to decode the code information; providing the obtained product information and expiration information decoded from the code information of the product, request to provide information containing an offered price of the product; receiving information that contains the offered price of the product, the offered price of the product being based on the product information and the expiration information, and causing to show the offered price, which is acquired, overlaid on a view of the product that is presented based on the captured image; among one or a plurality of products present at the store, each corresponding to identical product information to the product information obtained by the user terminal, identifying a price-reduction product whose expiration date is earlier than the expiration date of the product that is transmitted; and causing to show, as the information related to the identified price-reduction product obtained, (i) reduced price of the identified price reduction product, (ii) a position of the identified price-reduction product within the store, and (iii) a quantity in stock at the store of the identified price-reduction product. The mere nominal recitation of a non-transitory computer readable medium including a program configured to cause a computer to execute a method in a user terminal that is carried by a user, the user terminal comprising a display, an imaging device and a code reader, and a server that is able to communicate with the user terminal does not take the claim out of the method of organizing human activity grouping. Thus, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claim as a whole merely describes how to generally “apply” the concepts of causing; obtaining; providing; receiving; causing; identifying; and causing in a computer environment. The claimed a non-transitory computer readable medium including a program configured to cause a computer to execute a method in a user terminal that is carried by a user, the user terminal comprising a display, an imaging device and a code reader, and a server that is able to communicate with the user terminal are recited at a high level of generality and are merely invoked as tools to perform the claimed method. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the claim as a whole merely describe how to generally “apply” the concepts of causing; obtaining; providing; receiving; causing; identifying; and causing in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
I. Claims 1, 2, 5, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wohlert US20150317667 in view of Oyama US 20190102973 and Veit US 8051015.
Regarding Claim 1, Wohlert discloses an information processing system comprising: a user terminal carried by a user, the user terminal comprising a display, an imaging device and a code reader; and a server being capable of communicating with the user terminal, wherein: the user terminal comprises a processor configured to: in response to an input from the user in relation to a product being present at a store, cause the imaging device to capture an image of the product, the image including code information printed on a label attached to the product, the code information including at least product information and expiration information related to an expiration date of the product; obtain the product information and expiration information by causing the code reader to decode the code information, transmit the product information and the expiration information decoded from the code information to the server; cause the display to show an offered price overlaid on a view of the product that is presented based on the captured image ([0020] an augmented reality feature where a customer's mobile device may be directed at a product and the customer's mobile
device may capture product identifying information such as image data, barcode information, quick response (QR) code information, RFID tag information, BLE tag information and so forth. The mobile device may upload this information to the application server for analysis, e.g., via BLE through one or more communication points in the store. For example, the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store. The user's mobile device may then overlay the product price on the image presented on the device's screen/display. Claim 14 A method for receiving a notification of a discount price for an item, comprising: notifying, by a processor of a mobile device, an application server associated with a store of a presence of the mobile device; receiving, by the processor, the notification comprising an identification of the item, the discount price for the item, an expiration date for the item and information associated with a location of the item within the store; and presenting, by the processor on a display of the mobile device, the identification of the item, the discount price for the item, the expiration date for the item and the information associated with the location of the item within the store);
the server comprises a processor configured to: determine the offered price of the product based on the product information and the expiration information acquired from the user terminal, and provide information that contains the offered price of the product determined by the processor of the server, to the user terminal ([0020] “the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount
price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store,” [0017] “An illustrative algorithm for calculating a current discounted price is given as follows …” [0033] “AS [Application Server] 120, 125 and/or 127 may calculate discount prices for one or more items based upon approaching expiration dates using aspects of historical data supplied from one or more sources, “local” data regarding inventory and expiration date(s), or a hybrid approach combining both aspects to determine the dynamic pricing of various item being sold by a merchant”),
the processor of the server is configured to: among one or a plurality of products present at the store, each corresponding to identical product information to the product information obtained by the processor of the user terminal, identify a price-reduction product, and notify the user terminal of information related to the identified price-reduction product ([0002] a half-price sticker on the item or updating a display price on a shelf. [0020] the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store. The user's mobile device may then overlay the product price on the image presented on the device's screen/display. The price can be visually emphasized in a variety of ways (e.g., highlighted, animated, presented in a three-dimensional representation, etc.). [0021] the mobile device may present a larger view of one or more potentially attractive price reduced items. For example, a user could stand at the head of an aisle in a supermarket, and view the aisle through the mobile device's display. Items that may be of interest, with dynamically reduced prices for example, may then be indicated, e.g., via an overlay on the view of the aisle being presented on the screen. For example, the price may be presented in a highlighted manner, e.g., animated, “floating” in space near the product, etc. The product itself could be highlighted. In one example, the information may be color-coded to reflect the amount of the price
reduction), and
the user terminal is configured to cause the display to show, as the information related to the identified price-reduction product obtained from the server, (i) the reduced price of the identified price-reduction product, and (ii) a position of the identified price-reduction product within the store ([0020] the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device [0021] a user could stand at the head of an aisle in a supermarket, and view the aisle through the mobile device's display. Items that may be of interest, with dynamically reduced prices
for example, may then be indicated, e.g., via an overlay on the view of the aisle being presented on the screen. For example, the price may be presented in a highlighted manner, e.g., animated, “floating” in space near the product, etc. The product itself could be highlighted. In one example, the information may be color-coded to reflect the amount of the price reduction).
Wohlert does not explicitly teach, however Oyama teaches a product whose expiration date is earlier than the expiration date of the product that is transmitted from the user terminal to the server ([0018] According to the configuration mentioned above, since the second item icons are orderly arranged on the second item display screen 23 in the order of the expiration dates, the user can easily know the item having the shortest expiration date. [0023] a process of displaying the second item icon with the shortest expiration date in the possessed items corresponding to the designated first item icon in a screen of the display when switching from the first item display screen to the second item display screen. [0082] when the information processor 1 displays the first item display screen 22 or the second item display screen 23, the data is requested from the server 10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include in the information processing method of Wohlert, the process of identifying a product whose expiration date is earlier than the expiration date of the product that is transmitted from the user terminal to the server as taught by Oyama since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination is predictable. Such a combination would yield the predictable result of an information processing method where a product is identified whose expiration date is closer than the expiration date of the product that is transmitted from the user terminal to the server.
Wohlert does not explicitly teach, however Veit teaches show (iii) a quantity in stock at the store of the identified price-reduction product (Claim 8 a display configured to display a first data group and a second data group, the first data group including a budget, an original price, a final price, and a product quantity, the second data group including at least one of a gross price, a reference to the type of article, a fashion type of the article, a delta budget, a percentage of markdown profile, and a general material of the article; and a memory configured to store an adjusted price).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the process of showing a quantity in stock at the store of the identified price-reduction product as taught in Veit with the reduced price sales method of Wohlert because such a combination enables “implementing a price planning schedule in conjunction with a corresponding budget enables cost control for any price reductions” (Veit Col. 5:6-15).
Regarding Claim 2, the combination of Wohlert, Oyama, and Veit teaches all of the limitations of claim 1 as discussed above. Wohlert further discloses wherein: the processor of the user terminal is configured to obtain information related to the user ([0026] “mobile device 190 may comprise any endpoint device configured for wireless communication such as a personal computer, a laptop computer, a Wi-Fi device, a Personal Digital Assistant (PDA), a mobile phone, a smartphone, an email device, a computing tablet, a messaging device, and the like. In one embodiment, mobile device 190
may have both cellular and non-cellular access capabilities and may further have wired communication/networking capabilities. In addition, in accordance with the present disclosure, the mobile device 190 may run a shopping experience application, or ‘local application’, which enables the mobile device 190 to interact with an application server (AS) (e.g., any one or more of AS 120, AS 125
and AS 127) for receiving a notification of a discount price for an item. In one example, the local application also provides the mobile device 190 with the ability to, inter alia: communicate an electronic shopping list to the application server, provide location information of the mobile device 190
[information related to the user] to the application server and/or receive location information of the mobile device 190 from the application server, receive location information of one or more discounted items from the application server, display a store map, and provide an augmented reality display on the mobile device 190 for assisting the customer (i.e., the user of the mobile device) in locating a discounted item. In one embodiment, the customer logs-in via the local application on the mobile device 190 which allows the customer/mobile device 190 to interact with the application server” (emphasis added), [0020] “the customer's mobile device may capture product identifying information such as image data, barcode information, quick response (QR) code information, RFID tag information, BLE tag information and so forth. The mobile device may upload this information to the application server for analysis” (emphasis added)), and
the processor of the server is configured to determine the offered price of the product based on the product information, the expiration information, and the information related to the user ([0016] “dynamic pricing of a product can vary on a regional basis, e.g., by county, state, locality, etc.” [0020] “the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted
price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store,” [0050] “as each customer walks into a store at successively later times, the method may recalculate a discount price. Thus, it is possible that each customer will be quoted a different discounted price depending upon the actual time in which the customer arrives at the store”).
Regarding Claim 5, the combination of Wohlert, Oyama, and Veit teaches all of the limitations of claim 1 as discussed above. Wohlert further discloses wherein the processor of the user terminal is configured to cause the display to show information indicating a standard price of the product or information indicating a rate of change of the offered price from the standard price of the product (FIG. 2B).
Regarding Claim 17, Wohlert discloses an information processing method that is performed between a user terminal carried by a user, the user terminal comprising a display, an imaging device and a code reader, and a server being capable of communicating with the user terminal, the method comprising: in response to an input from the user in relation to a product being present at a store, causing the imaging device to capture an image of the product, the image including code information printed on a label attached to the product, the code information including at least product information and expiration information related to an expiration date of the product; obtaining, by the user terminal, the product information and expiration information by causing the code reader to decode the code information, acquiring, by the server, the product information and the expiration information decoded from the code information obtained by the user terminal, causing, by the user terminal, the display to show the offered price overlaid on a view of the product that is presented based on the captured image ([0020] an augmented reality feature where a customer's mobile device may be directed at a product and the customer's mobile device may capture product identifying information such as image data, barcode information, quick response (QR) code information, RFID tag information, BLE tag information and so forth. The mobile device may upload this information to the application server for analysis, e.g., via BLE through one or more communication points in the store. For example, the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store. The user's mobile device may then overlay the product price on the image presented on the device's screen/display. Claim 14 A method for receiving a notification of a discount price for an item, comprising: notifying, by a processor of a mobile device, an application server associated with a store of a presence of the mobile device; receiving, by the processor, the notification comprising an identification of the item, the discount price for the item, an expiration date for the item and information associated with a location of the item within the store; and presenting, by the processor on a display of the mobile device, the identification of the item, the discount price for the item, the expiration date for the item and the information associated with the location of the item within the store);
determining, by the server, an offered price of the product based on the product information and the expiration information acquired from the user terminal, providing, by the server, information that contains the determined offered price of the product, to the user terminal ([0020] “the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store,” [0017] “An illustrative algorithm for
calculating a current discounted price is given as follows …” [0033] “AS [Application Server] 120, 125
and/or 127 may calculate discount prices for one or more items based upon approaching expiration dates using aspects of historical data supplied from one or more sources, “local” data regarding inventory and expiration date(s), or a hybrid approach combining both aspects to determine the dynamic pricing of various item being sold by a merchant”),
the server is configured to: among one or a plurality of products present at the store, each corresponding to identical product information to the product information obtained by the user terminal, identify a price-reduction product; and notify the user terminal of information related to the identified price-reduction product ([0002] a half-price sticker on the item or updating a display price on a shelf. [0020] the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store. The user's mobile device may then overlay the product price on the image presented on the device's screen/display. The price can be visually emphasized in a variety of ways (e.g., highlighted, animated, presented in a three-dimensional representation, etc.). [0021] the mobile device may present a larger view of one or more potentially attractive price reduced items. For example, a user could stand at the head of an aisle in a supermarket, and view the aisle through the mobile device's display. Items that may be of interest, with dynamically reduced prices for example, may then be indicated, e.g., via an overlay on the view of the aisle being presented on the screen. For example, the price may be presented in a highlighted manner, e.g., animated, “floating” in space near the product, etc. The product itself could be highlighted. In one example, the information may be color-coded to reflect the amount of the price
reduction), and
the user terminal is configured to cause the display to show, as the information related to the identified price-reduction product obtained from the server, (i) the reduced price of the identified price-reduction product, and (ii) a position of the identified price-reduction product within the store ([0020] the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device [0021] a user could stand at the head of an aisle in a supermarket, and view the aisle through the mobile device's display. Items that may be of interest, with dynamically reduced prices
for example, may then be indicated, e.g., via an overlay on the view of the aisle being presented on the screen. For example, the price may be presented in a highlighted manner, e.g., animated, “floating” in space near the product, etc. The product itself could be highlighted. In one example, the information may be color-coded to reflect the amount of the price reduction).
Wohlert does not explicitly teach, however Oyama teaches a product whose expiration date is earlier than the expiration date of the product that is transmitted from the user terminal to the server ([0018] According to the configuration mentioned above, since the second item icons are orderly arranged on the second item display screen 23 in the order of the expiration dates, the user can easily know the item having the shortest expiration date. [0023] a process of displaying the second item icon with the shortest expiration date in the possessed items corresponding to the designated first item icon in a screen of the display when switching from the first item display screen to the second item display screen. [0082] when the information processor 1 displays the first item display screen 22 or the second item display screen 23, the data is requested from the server 10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include in the information processing method of Wohlert, the process of identifying a product whose expiration date is earlier than the expiration date of the product that is transmitted from the user terminal to the server as taught by Oyama since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination is predictable. Such a combination would yield the predictable result of an information processing method where a product is identified whose expiration date is closer than the expiration date of the product that is transmitted from the user terminal to the server.
Wohlert does not explicitly teach, however Veit teaches show (iii) a quantity in stock at the store of the identified price-reduction product (Claim 8 a display configured to display a first data group and a second data group, the first data group including a budget, an original price, a final price, and a product quantity, the second data group including at least one of a gross price, a reference to the type of article, a fashion type of the article, a delta budget, a percentage of markdown profile, and a general material of the article; and a memory configured to store an adjusted price).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the process of showing a quantity in stock at the store of the identified price-reduction product as taught in Veit with the reduced price sales method of Wohlert because such a combination enables “implementing a price planning schedule in conjunction with a corresponding budget enables cost control for any price reductions” (Veit Col. 5:6-15).
Regarding Claim 18, Wohlert discloses a non-transitory computer readable medium including a program configured to cause a computer to execute a method ([0004] “an apparatus includes a processor and a computer-readable medium storing instructions which, when executed, cause a processor to perform operations that include detecting a presence of a mobile device at a store, and sending the notification via a wireless communication to the mobile device, the notification comprising an identification of the item, the discount price for the item, an expiration date for the item and information associated with a location of the item within the store, wherein the discount price for the item is based upon the expiration date of the item”)
in a user terminal that is carried by a user, the user terminal comprising a display, an imaging device and a code reader, the method comprising: in response to an input from the user in relation to a product being present at a store, causing the imaging device to capture an image of the product, the image including code information printed on a label attached to the product, the code information including at least product information and expiration information related to an expiration date of the product; obtaining the product information and expiration information by causing the code reader to decode the code information, providing the obtained product information and expiration information decoded from the code information of the product to a server that is able to communicate with the user terminal, to request the server to provide information containing an offered price of the product; receiving from the server information that contains the offered price of the product, the offered price of the product being based on the product information and the expiration information acquired from the user terminal, and causing the display of the user terminal to show the offered price, which is acquired from the server, overlaid on a view of the product that is presented based on the captured image ([0020] an augmented reality feature where a customer's mobile device may be directed at a product and the customer's mobile device may capture product identifying information such as image
data, barcode information, quick response (QR) code information, RFID tag information, BLE tag information and so forth. The mobile device may upload this information to the application server for analysis, e.g., via BLE through one or more communication points in the store. For example, the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store. The user's mobile device may then overlay the product price on the image presented on the device's screen/display. Claim 14 A method for receiving a notification of a discount price for an item, comprising: notifying, by a processor of a mobile device, an application server associated with a store of a presence of the mobile device; receiving, by the processor, the notification comprising an identification of the item, the discount price for the item, an expiration date for the item and information associated with a location of the item within the store; and presenting, by the processor on a display of the mobile device, the identification of the item, the discount price for the item, the expiration date for the item and the information associated with the location of the item within the store. [0017] An illustrative algorithm for calculating a current discounted price is given as follows …” [0033] “AS [Application Server] 120, 125 and/or 127 may calculate discount prices for one or more items based upon approaching expiration dates using aspects of historical data supplied from one or more sources, “local” data regarding inventory and expiration date(s), or a hybrid approach combining both aspects to determine the dynamic pricing of various item being sold by a merchant”);
among one or a plurality of products present at the store, each corresponding to identical product information to the product information obtained by the user terminal, identifying a price-reduction product ([0002] a half-price sticker on the item or updating a display price on a shelf. [0020] the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching
expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store. The user's mobile device may then overlay the product price on the image presented on the device's screen/display. The price can be visually emphasized in a variety of ways (e.g., highlighted, animated, presented in a three-dimensional representation, etc.). [0021] the mobile device may present a larger view of one or more potentially attractive price reduced items. For example, a user could stand at the head of an aisle in a supermarket, and view the aisle through the mobile device's display. Items that may be of interest, with dynamically reduced prices for example, may then be indicated, e.g., via an overlay on the view of the aisle being presented on the screen. For example, the price may be presented in a highlighted manner, e.g., animated, “floating” in space near the product, etc. The product itself could be highlighted. In one example, the information may be color-coded to reflect the amount of the price reduction), and
the display of the user terminal is caused to show, as the information related to the identified price-reduction product obtained from the server, (i) the reduced price of the identified price-reduction product, and (ii) a position of the identified price-reduction product within the store ([0020] the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device [0021] a user could stand at the head of an aisle in a supermarket, and view the aisle through the mobile device's display. Items that may be of interest, with dynamically reduced prices for example, may then be indicated, e.g., via an overlay on the view of the aisle being presented on the screen. For example, the price may be presented in a highlighted manner, e.g., animated, “floating” in space near the product, etc. The product itself could be highlighted. In one example, the information may be color-coded to reflect the amount of the price reduction).
Wohlert does not explicitly teach, however Oyama teaches a product whose expiration date is earlier than the expiration date of the product that is transmitted from the user terminal to the server ([0018] According to the configuration mentioned above, since the second item icons are orderly arranged on the second item display screen 23 in the order of the expiration dates, the user can easily know the item having the shortest expiration date. [0023] a process of displaying the second item icon with the shortest expiration date in the possessed items corresponding to the designated first item icon in a screen of the display when switching from the first item display screen to the second item display screen. [0082] when the information processor 1 displays the first item display screen 22 or the second item display screen 23, the data is requested from the server 10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include in the information processing method of Wohlert, the process of identifying a product whose expiration date is earlier than the expiration date of the product that is transmitted from the user terminal to the server as taught by Oyama since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination is predictable. Such a combination would yield the predictable result of an information processing method where a product is identified whose expiration date is closer than the expiration date of the product that is transmitted from the user terminal to the server.
Wohlert does not explicitly teach, however Veit teaches show (iii) a quantity in stock at the store of the identified price-reduction product (Claim 8 a display configured to display a first data group and a second data group, the first data group including a budget, an original price, a final price, and a product quantity, the second data group including at least one of a gross price, a reference to the type of article, a fashion type of the article, a delta budget, a percentage of markdown profile, and a general material of the article; and a memory configured to store an adjusted price).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the process of showing a quantity in stock at the store of the identified price-reduction product as taught in Veit with the reduced price sales method of Wohlert because such a combination enables “implementing a price planning schedule in conjunction with a corresponding budget enables cost control for any price reductions” (Veit Col. 5:6-15).
Regarding Claim 19, the combination of Wohlert, Oyama, and Veit teaches all of the limitations of claim 1 as discussed above. Wohlert further discloses wherein the processor of the user terminal is configured to cause the display to show markdown indication information for indicating a price-reduction target product, when the user terminal becomes activated, the markdown indication information being preset to each product depending on the expiration information for the corresponding product ([0021] the mobile device may present a larger view of one or more potentially attractive price reduced items. For example, a user could stand at the head of an aisle in a supermarket, and view the aisle through the mobile device's display. Items that may be of interest, with dynamically
reduced prices for example, may then be indicated, e.g., via an overlay on the view of the aisle being presented on the screen. For example, the price may be presented in a highlighted manner, e.g., animated, “floating” in space near the product, etc. The product itself could be highlighted. In one example, the information may be color-coded to reflect the amount of the price reduction).
II. Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Wohlert in view of Oyama, Veit, and Tsutomu JP 2000011264 A.
Regarding Claim 3, the combination of Wohlert, Oyama, and Veit teaches all of the limitations of claim 1 as discussed above. Wohlert does not explicitly disclose, however Tsutomu teaches wherein the processor of the server is configured to determine the offered price of the product based on the product information and closing time of a store that sells the product (p. 11 “The discount amount is calculated based on a threshold (product management information) that is a predetermined time before the store closing time for the corresponding product, and the discount amount and the product name are displayed on the display device 3 in association with each other,” p. 22 “A discount amount is calculated for a corresponding product based on a threshold (product management information) conditioned on a predetermined time before the store closing time, and the discount amount is associated with a product name in a display device”).
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the process of determine the price of the product in Wohlert with the process of determine the price of the product in Tsutomu. See KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007) (simple substitution of one known element for another to obtain predictable results). Such a simple substitution would yield the predictable result of a method including determining the price of the product based on the product information and closing time of a store that sells the product.
Regarding Claim 6, the combination of Wohlert, Oyama, and Veit teaches all of the limitations of claim 1 as discussed above. Wohlert does not explicitly disclose, however Tsutomu teaches wherein: the processor of the server is configured to determine an application start time when the offered price of the product is applied, based on the closing time of the store that sells the product and on a quantity of stock of the product, and the processor of the user terminal is configured to cause the display to show information indicating the application start time of the offered price of the product (p. 9, para. 5 “The discount conditions (thresholds) are the elapsed time after the production date (time expression), the number of hours before the store closing time (time expression), the number of remaining items (number expression) for the same product, the time interval The time zone (time expression) of the service (service that discounts only during that time), simultaneous discount information (situation, for example, umbrella on a rainy day), a discount rate (a discount rate or a discount amount), and the like,” p. 10, para. 3 “the current date and time and the discount condition (time information) of the product management information are compared. If the elapsed time after the production date satisfies the discount condition, or if the current time satisfies the condition that the current time is a predetermined time before the store closing time (step S3), the condition is satisfied. Is used as a trigger for product guidance, the display data of the display device 3 is processed, and the display screen is updated (step S4),” pp. 10-11 “When the current time satisfies the condition that the current time is a predetermined time before the store closing time, the corresponding product is discounted at that time, and data indicating the discount is added to the product management information on the product … The discount amount is calculated based on a threshold (product management information) that is a predetermined time before the store closing time for the corresponding product, and the discount amount and the product name are displayed on the display device 3 in association with each other” (please see claim 3 rejection for combination rationale)).
III. Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wohlert in view of Teraoka US 20030004750 A1.
Regarding Claim 14, Wohlert discloses an information processing system comprising: a display device disposed in a store that sells a product; and a server being capable of communicating with the display device ([0013] “when a consumer enters a store (broadly a commercial establishment where goods or products are sold), such as a supermarket, an application server associated with the store and having information pertaining to the dynamic pricing of various products may communicate such pricing information dynamically to a mobile device of the customer,” [0026] “the local application also provides the mobile device 190 with the ability to, inter alia: communicate an electronic shopping list to the application server, provide location information of the mobile device 190 to the application server
and/or receive location information of the mobile device 190 from the application server, receive location information of one or more discounted items from the application server, display a store map, and provide an augmented reality display on the mobile device 190 for assisting the customer (i.e., the user of the mobile device) in locating a discounted item. In one embodiment, the customer logs-in via the local application on the mobile device 190 which allows the customer/mobile device 190 to interact with the application server”),
wherein: the product is attached with one of a plurality of different pieces of markdown indication information indicating a price-reduction target product, each piece of markdown indication information being preset to each product depending on the expiration information for the corresponding product, among the plurality of different pieces of markdown indication information, the server comprises a processor configured to: determine, among the plurality of different pieces of markdown indication information, one or more pieces of markdown indication information to be attached to a product whose price is reduced from a standard price, from among the plurality of different pieces of markdown indication information ([0017] “the optimal price of an item at a given time may change based upon more ‘local’ data. For instance, the system may implement an algorithm-based approach to determine a merchant's current level of inventory of an item, and accounting for the expiration date(s) of the items in stock, the system may adjust the current price and forecast optimal
prices at a number of future times,” [0019] “the system may use a hybrid approach combing aspects of historical data supplied from one or more sources with “local” data regarding inventory and expiration date(s) to determine the dynamic pricing of various item being sold by a merchant. For example, the system may maintain a set of recommended price points for an item at various times prior to the expiration date, where the system may deviate from the recommended price points depending upon the inventory level of the store, and a current sales trend, e.g., based upon a number of sales in a recent time period and the like,” [0049] “the method 300 calculates a discount price for the at least one item based upon the expiration date. For example, as described above price points may be determined as a function of an item's expiry time and a sales probability at a given price point”),” and
cause the display device to show the one or more pieces of markdown indication information that has been determined, wherein the markdown indication code is based on the expiration date of
each of the plurality of products and is printed on a label attached to the price-reduction product and displayed on the display device at the store, the markdown indication code comprising at least one of a symbol, a sign, a mark, an emblem, and a pattern ([0002] a half-price sticker on the item or updating a display price on a shelf. [0020] the application server may match the product identifying information to a specific product, determine a price for the item, which may comprise a discount price based upon an approaching expiration date, and convey information pertaining to the price (e.g., an original price, a discounted price, a reason for the discount, such as the approaching expiration date, and so forth) back to the mobile device, e.g., via BLE from one or more communication points in the store. The user's
mobile device may then overlay the product price on the image presented on the device's screen/display. The price can be visually emphasized in a variety of ways (e.g., highlighted, animated, presented in a three-dimensional representation, etc.).
Wohlert does not explicitly teach, however Teraoka teaches cause a printer to print a plurality of labels with different pieces of markdown indication information ([0137] The back room on the upper right of FIG. 1 is an area where perishable foods are processed and priced, and in this area are placed
pricing machines such as a weighing/packaging/pricing machine AW (label printer), a weight label printer DPS and a price label printer DP, and the price labels issued by these machines are affixed to the products as they are manufactured and processed. These labels and label printers are described below in greater detail. [0244] a discount process in which a label with a different price has been affixed to the product has been performed, and the amount of the discount is calculated by subtracting the price P of the barcode from the price P0 read from the manufacturing log (step S88)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include in the pricing method of Wohlert the process of causing a printer to print a plurality of labels with different pieces of markdown indication information as taught by Teraoka since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination is predictable. Such a combination would yield the predictable result of a pricing method where a printer is caused to print a plurality of labels with different pieces of markdown indication information.
Regarding Claim 15, the combination of Wohlert and Teraoka teaches all of the limitations of claim 14 as discussed above. Wohlert further discloses wherein the processor is configured to cause the display device to show two or more different pieces of markdown indication information, which are respectively associated with one of a plurality of pieces of information indicating different degrees of price reduction ([0017] “the system may implement an algorithm-based approach to determine a merchant's current level of inventory of an item, and accounting for the expiration date(s) of the items in stock, the system may adjust the current price and forecast optimal prices at a number of future times,” [0049] “the method 300 calculates a discount price for the at least one item based upon the expiration
date. For example, as described above price points may be determined as a function of an item's expiry time and a sales probability at a given price point. In one example, the sales probability is based upon historical sales rates observed at various times prior to a product's expiration and at various offered prices,” FIG. 2B “$1.99 (DISCOUNTED 45%”).
Regarding Claim 16, the combination of Wohlert and Teraoka teaches all of the limitations of claim 14 as discussed above. Wohlert further discloses further comprising a user terminal carried by a user and being capable of communicating with the server, the user terminal comprising a processor
configured to cause a display to show the one or more pieces of markdown indication information provided from the server ([0026] “the local application also provides the mobile device 190 with the ability to, inter alia: communicate an electronic shopping list to the application server, provide location information of the mobile device 190 to the application server and/or receive location information of the mobile device 190 from the application server, receive location information of one or more discounted items from the application server, display a store map, and provide an augmented reality
display on the mobile device 190 for assisting the customer (i.e., the user of the mobile device) in locating a discounted item. In one embodiment, the customer logs-in via the local application on the mobile device 190 which allows the customer/mobile device 190 to interact with the application server”).
Novel & Non-Obvious Subject Matter
Claims 4 and 7-13 are objected to as being dependent upon rejected base claims, but would be allowable if rewritten in independent form including all of the limitations of the base claims and any intervening claims, and rewritten to overcome the 35 U.S.C. 101 and 35 U.S.C. 112 rejections.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 4, 7, 8, 10-11, 13 (and their respective dependent claims) would be allowable for disclosing all of the limitations recited in claim 1 in combination with the following limitations: associating the user with one of a plurality of categories and determine the offered price of the product based on the category that is associated; showing a first operation target for adding the product in a purchase list or a second operation target for instructing to make a payment of the product that has been added to the purchase list; printing a plurality of labels with different pieces of markdown indication information; obtaining the expiration information from code information containing the expiration information; and/or performing a payment process of the product. As described more fully above, the combination of Wohlert, Oyama, and Veit teaches all of the limitations of claim 1. However, the art of record fails to teach the limitations recited in claim 1 in combination with the preceding claim limitations.
Response to Arguments
Applicant’s arguments regarding the 35 U.S.C. 112 rejections have been fully considered and are persuasive. The 35 U.S.C. 112 rejections have been withdrawn.
Applicant's arguments regarding the 35 U.S.C. 101 rejections have been fully considered but they are not persuasive. Applicant argues that:
Claim 1 as amended recites "a user terminal carried by a user, the user terminal comprising a display, an imaging device and a code reader" and "a server being capable of communicating with the user terminal." These are not generic computer components recited at a high level of generality, but rather specific hardware devices with defined technical capabilities that work together in a coordinated manner.
(p. 12). The Examiner disagrees. Claim 1 recites generic computer components and specific hardware devices with defined technical capabilities that work together in a coordinated manner. Contrary to the position taken by Applicant, the two categories are not mutually exclusive.
Applicant argues that “[n]o amount of human organization or commercial activity can replicate the technical function of an imaging device capturing code information” (p. 12). The image device is merely a tool to perform the process of capturing code information, which is part of a commercial process (e.g., the buying and selling of discounted food).
Applicant argues that:
Claim 1 as amended further recites "obtain the product information and expiration
information by causing the code reader to decode the code information." As described in the specification, "[t]he code reader 36 analyzes code information or the like, which is contained in the image signal generated by the imaging unit 35, and it then extracts (obtains) data (that is, product information, such as a product ID, and best-by date information), for example, from the code information." Specification, paragraph [0029]. This is a technical process that requires specific hardware functionality to decode machine-readable code information, not a commercial interaction or sales activity that could be performed by humans
(p. 13). The code reader is merely a tool to perform the process of obtaining product and expiration information, which is part of a commercial process (e.g., the buying and selling of discounted food).
Applicant argues that:
Claim 1 as amended recites "cause the display to show the offered price overlaid on a
view of the product that is presented based on the captured image." The specification explains that "[t]he information of a reduced price and a rate of price reduction may be superimposed on an image of a product displayed in the screen G2, as an AR display." Specification, paragraph [0019]. This augmented reality display functionality represents a specific technical implementation that goes beyond merely displaying price information.
(p. 13). The display is merely a tool to perform the process of showing the offered price, which is part of a commercial process (e.g., the buying and selling of discounted food).
Applicant argues that:
The coordinated operation between the user terminal and server as recited by claim 1 as
amended-where the user terminal captures an image, decodes code information to extract product and expiration information, transmits this decoded information to the server, and then displays the offered price overlaid on the captured image-constitutes a specific technical solution that is fundamentally different from organizing human commercial activity. While traditional markdown pricing involves store employees manually checking expiration dates and applying price stickers, the claimed system replaces this human activity with automated technical operations performed by specific hardware components
(p. 13 (emphasis added)). The Examiner disagrees. As described more fully above, merely reciting the words “apply it” (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f), does not integrate a judicial exception into a practical application.
Applicant argues that:
an imaging device that captures images containing code information, a code reader that decodes the code information to extract product and expiration information, and a display that shows the offered price overlaid on a view of the product based on the captured image. These elements work together to provide a specific technical improvement
(p. 14 (emphasis added)). The Examiner disagrees. Contrary to the position taken by Applicant, the cited components at best provide a commercial improvement (e.g., the buying and selling of discounted food), not a technical improvement. Applicant’s arguments on page 14 support the Examiner’s position ("It is not necessary for a store staff to perform the markdown work of attaching a label printed with a reduced price, to a product, as a best-by date approaches. Thus, the store can significantly reduce working expenses and personnel expenses." Specification, paragraph [0045]. The claimed system automatically determines and displays updated prices based on the expiration date information decoded from the product's code information, eliminating the need for manual price label updates as products approach their expiration dates”).
Regarding the prior art rejections, Applicant argues that “[t]he Examiner has alleged that Wohlert teaches that the user terminal obtains product information and expiration information related to an expiration date of a product from the product. Applicant respectfully submits that Wohlert does not disclose or teach this limitation” (p. 15). The Examiner disagrees. As described more fully above, such limitations are taught in, for example, paragraph [0020] of Wohlert (“a customer's mobile device
may be directed at a product and the customer's mobile device may capture product identifying information such as image data, barcode information, quick response (QR) code information, RFID tag information, BLE tag information and so forth”).
Applicant argues that the information captured by the mobile device does not include “expiration information.” The Examiner disagrees. As described in the preceding paragraph, Wohlert teaches “capture product identifying information such as image data, barcode information.” Similarly, paragraph [0039] of Applicant’s specification, describes that “Note that the following describes an example of a case of obtaining product information and expiration information by reading a bar code shown on a product.”
Conclusion
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/D.N.M./Examiner, Art Unit 3628
/GEORGE CHEN/Primary Examiner, Art Unit 3628
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