DETAILED ACTION
The present application (Application No. 17/928,602), filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
17/928,602 filed 03/29/2023 is a National Stage entry of PCT/EP2021/064384, International Filing Date: 05/28/2021.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 23 September, 2025, has been entered.
Status of Claims
Claims 1, 29, 38, are now amended. Claims 12-16, 23-28, 30-36, 39-42, were previously canceled by preliminary amendment. Therefore, claims 1-11, 17-22, 29, 37-38, are currently pending and addressed below.
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 1-11, 17-22, 29, 37-38, are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: In the instant case, claims 2-8, are directed to a method, claims 9-15, are directed to a system, and claims 16-21 are directed to a product, therefore the claims are directed to statutory categories of invention.
Step 2A- Prong 1:
Independent claim 1 as amended comprises steps of: acquiring or scanning, an image or barcode associated with a physical product item; transmitting, said image or barcode, or data representing said image or barcode, (by said mobile device to a control system to a control system); transmitting, data representing a first purchase offer (from the control system to the mobile device); displaying, data representing said first purchase offer (in a browser or an application program running on the mobile device and on the screen of said mobile device); conducting a payment transaction, by an application program running on a separate communication device from the mobile device, including the purchase of product items of said first purchase offer; receiving, by the mobile device, an optically readable code for display on the mobile device, from a backend or control system, in response to the backend or control system identifying the event of a successfully completed payment transaction including the purchase of the product items of said first purchase offer indicated by the application program running on the separate communication device from the mobile device; receiving, (by the mobile device) an optically readable code for display on the mobile device, from a backend or control system; displaying, in the application program running on the mobile device, an optically readable code, wherein said optically readable code is displayed following the identifying of the event of a successfully completed payment transaction.
Independent claim 29 as amended comprises steps associated with a control system, of: receiving event data indicating the event of a successfully completed payment transaction; generating an optically readable code; transmit, to said mobile device and in response to receiving said event data indicating said event of a successfully completed payment transaction, an optically readable code ; transmit, to said mobile device and in response to receiving said event data indicating said event of a successfully completed payment transaction, an optically readable code; receive, from the same mobile device, event data indicating that the user of the mobile device has accepted said first purchase offer ; transmit, from the control system to the same mobile device, an optically readable code or data used for generating an optically readable code representing said first purchase offer.
Independent claim 38 as amended comprises steps associated with a mobile device of: identifying the event of a successfully completed payment transaction; displaying an optically readable code in response to identifying said event; receiving data representing a first purchase offer; displaying image data representing said first purchase offer; initiating a payment transaction; receiving, by the mobile device, an optically readable code for display on the mobile device, from a backend or control system, in response to the backend or control system the event of a successfully completed payment transaction; displaying an optically readable code; displaying an optically readable code adapted for validating or verifying that the user of the mobile device is authorized to take advantage of said first purchase offer, and wherein said application program is configured to identify the event of accepting by identifying at least one of the events of: identifying the event of accepting, by the user of the mobile device, said first purchase offer by identifying at least one of the events of: adding, at least one item of a second product or second product category to the shopping basket of the application program running on the mobile device; adding, to the shopping basket of the application program running on the mobile device, product items in accordance with said purchase offer
As now amended the independent claims further recite a step of: deactivating an alarm tag and cause a gate to be opened.
The independent claims are directed to a method for providing price and other information for a product(s) representative of a first purchase offer in response to a user’s scanning action/request; and for conducting payment for said first purchase offer; and for receiving encoded purchase/payment confirmation and/or product recommendation subsequent to purchase/payment confirmation, and for validating the purchase. Accordingly, the claimed steps represent a method of organizing commercial interactions comprising advertising, marketing and sales activities, which falls within the “Certain Methods of Organizing Human Activity” abstract idea grouping, wherein all the claim steps can be seen as being part of the abstract idea of providing price information and purchase confirmation on a display.
Step 2A- Prong 2: Additional elements include:
acquiring or scanning, by an image acquisition component or a scanner operatively connected to the mobile device;
a backend or control system operatively coupled to and communicatively connected, to a database;
transmitting, by said mobile device, said image or barcode
displaying, in a browser or an application program running on the mobile device and on the screen of said mobile device;
displaying, in the application program running on the mobile device, an optically readable code;
deactivating an alarm tag and cause a gate to be opened.
As now amended the independent claims further recite a step of deactivating an alarm tag and cause a gate to be opened.
These claimed steps are steps of collecting/tracking data (transmitting, receiving, storing, gathering), analyzing data, making determinations, and displaying/presenting data. The alarm activation/deactivation are merely steps of reading a code using a code reader, the code encoded to instruct the code reader to send instructions to open a gate and/or provide permission to exit.
As it has been done by store owners for centuries, a human can actually view the purchase receipt/validation and in response press a button to open a gate and/or give permission to the customer to exit the premises. All these steps, but for the use of generic computer components that execute them, are generic functions performed by general-purpose computers, which relate to concepts that can be performed in the human mind, including observations, evaluations, judgements or opinions.
The reader/sensor is merely used in its customary manner to read and decrypt a barcode and execute the encoded instructions.
The only technology is the use of a reader and a barcode for applying the abstract idea of a facilitating a purchase transaction (providing price and other information for a product(s) representative of a first purchase offer in response to a user’s scanning action/request; and for conducting payment for said first purchase offer; and for receiving encoded purchase/payment confirmation and/or product recommendation subsequent to purchase/payment confirmation, and for validating the purchase), by using a machine to do what the machine is meant to do (a reader reads, a barcode encodes information and instructions, etc).
There are no technology improvements. Only business solutions strictly generally based on executing instructions encoded in a barcode.
These above claimed steps are steps of collecting/tracking data (transmitting, receiving, storing, gathering), and making payments. All these steps, but for the use of generic computer components that execute them, are generic functions performed by general-purpose computers, which relate to concepts that can be performed in the human mind, including observations, evaluations, judgements or opinions.
These additional elements are recited at a high level of generality and the steps that they execute represent generic functions which can be performed by a general-purpose computer without any novel programming or improvement in the operation of the computer itself. These additional elements are merely invoked as tools to perform the above described abstract idea of providing price and other information for a product(s) representative of a first purchase offer in response to a user’s scanning action/request; and for conducting payment for said first purchase offer; and for receiving encoded purchase/payment confirmation and/or product recommendation subsequent to purchase/payment confirmation (mere instructions to apply the exception) as discussed in MPEP 2106.05(f). The computer components in the implementation of the claimed invention only represent a particular technological environment, merely a particular technical field of use to which the judicial exception is linked to, and this technological environment is used to merely transmit, receive, store, gather, analyze, make determinations/correlations with, and display data. Accordingly, the additional elements when the claim elements are viewed individually and as a whole do not integrate the abstract idea into a practical application.
Step 2B: Based on the reasoning provided under Step 2A- Prong 2, the claims under Step 2B do not recite “significantly more” than the abstract idea. At this point, either under the “Certain Methods of Organizing Human Activity” grouping scenario where all the claim steps can be seen as being part of the abstract ideas, or under the “Mental Processes” grouping scenario, the analysis is terminated because the same analysis with respect to Step 2A Prong Two applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
That is, these additional elements are recited at a high level of generality and the steps that they execute represent conventional functions which can be performed by a general-purpose computer without any improvement to the programming technique or improvement in the operation of the computer itself.
The dependent claims have been considered. Dependent claims 2-11, 17-22, 37, merely narrow the abstract idea of providing price and other information for a product(s) representative of a first purchase offer in response to a user’s scanning action/request; and for conducting payment for said first purchase offer; and for receiving encoded purchase/payment confirmation and/or product recommendation subsequent to purchase/payment confirmation. When considered as a whole, the same analysis with respect to Step 2A Prong Two and step 2B, apply to these additional elements. They cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
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 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, 4-7, 9-11, 17-22, 29, 37-38, are rejected under 35 U.S.C. 103 as being unpatentable over Paradise et al. (US 2011/0145051) (hereinafter “Paradise5051”), in view of Katzin et al. (WO 2012/135115) (hereinafter “Katzin5115”).
Regarding claim 1, Paradise5051 discloses:
(acquiring or scanning, by an image acquisition component or a scanner operatively connected to the mobile device, an image or barcode associated with a physical product item being offered for sale by the store, wherein said physical product item belongs to a first product or first product category). Receiving, from a mobile device of the user, identifier information that identifies a product being offered for sale by a retail establishment, wherein the identifier information is derived from an image obtained via an image acquisition component operatively connected to the mobile device of the user, wherein the image is obtained while the user and the mobile device are within the retail establishment (see at least Paradise5051, fig. 4A, “215” “Obtain Image” ¶6)
(transmitting, by said mobile device, said image or barcode, or data representing said image or barcode, to a control system which is comprising, or is at least one of operatively coupled to and communicatively connected, to a database) (see at least Paradise5051, fig. 4A, “220” “Transmit Image”).
(transmitting, from the control system to the mobile device, data representing a first purchase offer identified by said control system in response to receiving said image or barcode, or in response to receiving said data representing said image or barcode). (see at least Paradise5051, fig. 4A, “230” “Transmit Product Information”).
(displaying, in a browser or an application program running on the mobile device and on the screen of said mobile device, data representing said first purchase offer, wherein said displaying of data representing said first purchase offer is performed in response to said mobile device receiving said data representing said first purchase offer). (see at least Paradise5051, fig. 4A, “235” “Display Product Information”).
(conducting a payment transaction, by an application program running on a separate communication device from the mobile device, including the purchase of product items of said first purchase offer) (see at least Paradise5051, fig. 4B, “280” “Transact Purchase”).
(receiving, by the mobile device, for display on the mobile device, from a backend or control system, in response to the backend or control system identifying the event of a successfully completed payment transaction including the purchase of the product items of said first purchase offer). (see at least Paradise5051, fig. 4B, “285” “Transmit Receipt”, ¶41-43).
Purchase transaction receipt, therefore proof of purchase completion (or indication of purchase confirmation) (see at least Paradise5051, fig. 3A, ¶42).
(an application program running on a separate communication device from the mobile device). Purchase facilitating server 160 facilitating payment (see at least Paradise5051, fig. 4B, “280” “Transact Purchase”, ¶41-43).
(displaying, following the identifying of the event of a successfully completed payment transaction); (see at least Paradise5051, fig. 4B, “290” “Display Receipt”).
(displaying, following the identifying of the event of a successfully completed payment transaction); (see at least Paradise5051, fig. 4B, “290” “Display Receipt”).
Regarding the limitation:
(comprising patterns that are to be decoded by an optical reader and that is to be translated into digital information).
(an optically readable code, or data for generating an optically readable code),
(receiving, by the mobile device, an optically readable code), and likewise does not explicitly disclose: (displaying, in the application program running on the mobile device, the optically readable code, wherein said optically readable code is displayed following the identifying of the event of a successfully completed payment transaction);
Paradise5051 discloses: Exemplary purchase confirmation that may be generated by purchase facilitating server 160 and transmitted to mobile device 140 as an augmented receipt 400 (see at least Paradise5051, fig. 3A, ¶66). The purchased products may be listed in the receipt by bar code number (data representing said image or barcode) (an optically readable code) (and/or name) (see at least Paradise5051, fig. 3A, ¶42, 66). (is displayed following the identifying of the event of a successfully completed payment transaction). The purchase confirmation code may be electronically encoded within the receipt in any suitable manner, as aspects of the present invention are not limited in this respect (see at least Paradise5051, fig. 3A, ¶42, 66). In some embodiments, a purchase confirmation code may be a unique identifier for a receipt and its associated transaction (see at least Paradise5051, fig. 3A, ¶68, “Augmented receipt 400 lists a purchase confirmation code (557892) for the transaction. As discussed above, such a purchase confirmation code may be of any suitable form, such as any suitable sequence of numbers, letters and/or other characters and/or symbols.”).
It is noted, that the “suitable sequence of numbers, letters and/or other characters and/or symbols” of the purchase confirmation code and/or within the receipt at large, unquestionably represent “data for generating an optically readable code”. Moreover these “suitable sequence of numbers, letters and/or other characters and/or symbols” also are “optically readable”, since a capability or lack thereof for optically reading lays with a reader and not with the encoded numbers and symbols.
Even if it could be argued that Paradise5051 does not explicitly disclose: (receiving, by the mobile device, an optically readable code), and likewise does not explicitly disclose: (displaying, in the application program running on the mobile device, the optically readable code, wherein said optically readable code is displayed following the identifying of the event of a successfully completed payment transaction);
it would have been obvious to try, by one of ordinary skill in the art before the effective filing date of the claimed invention to represent the purchase confirmation code and/or the product codes of the purchased items in the augmented receipt (and/or the suggested products) of Paradise5051 in an optically readable format, since Paradise5051 teaches that the purchase confirmation code may be electronically encoded within the receipt in any suitable manner, as aspects of the present invention are not limited in this respect, and already teaches acquiring, recognizing, identifying, receiving and transmitting product bar-code information scanned with the user mobile device; and further teaches receiving offers from a backend or control system, and since an optically readable format is one of a finite number of predictable representations (a finite number of identified, predictable potential solutions) of barcode numbers, to the recognized need of displaying representing receipt codes, and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. Moreover, in view of the taught functionality of receiving and transmitting product bar-code information scanned with the user mobile device, an optically readable format is totally within the intent and spirit of the teachings of Paradise5051: “Such a purchase confirmation receipt may take any suitable form, as aspects of the present invention are not limited in this respect”, and/or “electronically encoded within the receipt in any suitable manner, as aspects of the present invention are not limited in this respect”, and/or “bar code numbers”, and/or “thumbnail images” and/or “any sequence of alphanumeric characters and/or symbols, that may be generated by purchase facilitating server 160 to identify the receipt with the completed transaction.”
In the event that it could be argued that Paradise5051 does not teach: (receiving, by the mobile device, an optically readable code), and likewise does not explicitly disclose: (displaying, in the application program running on the mobile device, the optically readable code, wherein said optically readable code is displayed following the identifying of the event of a successfully completed payment transaction);
However, Katzin5115 (see at least Katzin5115, fig. 3H, ¶106) discloses: FIG. 3H illustrates an electronic receipt having a merchant verifiable code displayed on a mobile device (an optically readable code) (optically readable code representing validation that the payment transaction is completed). Electronic receipt 352 includes verifiable code 351, which is a barcode. At an exit to the store, the electronic receipt with verifiable code 351 can be shown on the display and passed near a camera or other reader that can read the barcode. A server can verify that the barcode is valid (e.g., that a purchase was made in the last ½, 1, 2, 3, 4, 5, 6, 7, 8 or more hours and that the electronic receipt associated with the barcode properly accounts for the purchase). (see at least Katzin5115, fig. 3H, ¶106).
Notwithstanding that a purchase receipt is always a means “to validate or verify that the user of the mobile device is authorized to take advantage of said first purchase offer and proceed to payment in accordance with the price and conditions of said purchase offer”;
Paradise5051 further discloses: When the user is ready to leave the physical retail establishment site with the purchased products including product 120, in some embodiments loss prevention personnel may check the receipt on the mobile device 140 against the receipt received at one or more loss prevention devices to validate the purchase and prevent theft as the user exits the physical establishment. In some embodiments, the loss prevention personnel may verify that the purchase confirmation code on the receipt on the mobile device matches the purchase confirmation code on the receipt received at the loss prevention device, to verify that the receipt on the mobile device is genuine. (see at least Paradise5051, ¶32, 44-45).
However, even if Paradise5051 (and/or the above formulated Paradise5051/Katzin5115 combination) does not explicitly disclose: (wherein the optically readable code representing validation that the payment transaction is completed is to be used, when scanned or verified by a computing device in the store, to deactivate an alarm tag and cause a gate to be opened).
Katzin5115 (see at least Katzin5115, fig. 3H, ¶106) discloses: The server can send an indication in a message that the verifiable code is valid to a theft prevention device. The indication can disarm an otherwise active alarm so that the consumer can exit the store with the product unimpeded (when scanned or verified by a computing device in the store, to deactivate an alarm tag and cause a gate to be opened). The indication can also indicate to a guard, open a gate, or otherwise facilitate the consumer's exit from the store.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optically readable code representing validation that the payment transaction is completed of Paradise5051, to include the feature of deactivating an alarm tag and cause a gate to be opened as taught by Katzin5115 , since this modification represents a more robust and enhanced to a theft prevention mechanism.
Regarding claim 4, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 further discloses: (wherein said payment transaction is conducted by the use of said mobile device, and wherein said event of a successfully completed payment transaction is identified by the application program running on said mobile device).
Mobile device application program (see at least Paradise5051, ¶32, 35)
Receipt may be received at the mobile device as confirmation of the purchase, and this receipt may be augmented beyond the conventional listing of products purchased and prices paid (see at least Paradise5051, ¶32, 44).
Purchase facilitating server 160 may transmit the generated receipt to both the mobile device 140 and the inventory server 180 (and/or another processing device associated with the retail establishment) to confirm the purchase to both the user of mobile device 140 and the retail establishment (see at least Paradise5051, fig. 3A, ¶43).
Regarding claim 5, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 further discloses: (wherein said event of a successfully completed payment transaction is identified by the control system based on event data received from the cashier system of the store or other computer system, unit or device of the store, and wherein data for generating and/or displaying said optically readable code is transmitted from the control system to said mobile device in response to receiving said event data representing said identified event of a successfully completed payment transaction).
Purchase facilitating server 160 (control system) may transmit the generated receipt to both the mobile device 140 and the inventory server 180 (and/or another processing device associated with the retail establishment) to confirm the purchase to both the user of mobile device 140 and the retail establishment (see at least Paradise5051, fig. 3A, ¶43).
Regarding claim 6, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 further discloses: (h. transmitting, from said mobile device to said control system, event data representing the identified event of said successfully completed payment transaction including the purchase of the product items of said first purchase offer). Payment information data “data adapted to be used for generating an optically readable code”. (see at least Paradise5051, fig. 3A, ¶6, 9, 32, 41). Purchase confirmation transmitted to user mobile device 42
Paradise5051 as modified in the rejection of claim 1, further discloses: (i. transmitting, from the control system to said mobile device, data used for generating an optically readable code, wherein said transmission of said data is performed in response to and triggered by said control system receiving said event data representing the identified event of said successfully completed payment transaction including the purchase of the product items of said first purchase offer)
Regarding claim 7, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 as modified in the rejection of claim 1, further discloses: (h. generating, by the application program running on said mobile device, an optically readable code corresponding to data used for generating an optically readable code; and i. displaying, by the application program running on said mobile device and on the screen of said mobile device, said optically readable code).
Regarding claim 9, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 as modified in the rejection of claim 1, further discloses: (wherein said optically readable code representing said first purchase offer or reflecting the items of the shopping basket, when scanned or read by a scanner or image acquisition device in the store, is to validate or verify to staff members in the store or to the cashier system of the store that the user of the mobile device is authorized to take advantage of said first purchase offer ).
When the user is ready to leave the physical retail establishment site with the purchased products including product 120, in some embodiments loss prevention personnel may check the receipt on the mobile device 140 against the receipt received at one or more loss prevention devices to validate the purchase and prevent theft as the user exits the physical establishment. In some embodiments, the loss prevention personnel may verify that the purchase confirmation code on the receipt on the mobile device matches the purchase confirmation code on the receipt received at the loss prevention device, to verify that the receipt on the mobile device is genuine. (see at least Paradise5051, ¶32, 44-45).
It is noted that: since a purchase completion receipt (indicative of proof of purchase) has been indeed made available, and an “optically readable code representing said first purchase offer or reflecting the items of the shopping basket” has been issued subsequent to the purchase completion, then in Paradise5051 (as modified in the rejection of claim 1), when the “optically readable code representing said first purchase offer or reflecting the items of the shopping basket”, is acknowledged or read, then Paradise5051 also teaches the claimed authorization limitation: (is adapted to validate or verify to staff members in the store or to the cashier system of the store that the user of the mobile device is authorized to take advantage of said first purchase offer).
Regarding claim 10, Paradise5051 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 discloses: (representing a second purchase offer different from said first purchase offer). Product suggestion 450 (see at least Paradise5051, fig. 3B, “460”, “465”,’ ¶87).
(Claim 2) Product suggestion 450 also includes a thumbnail image 460 of the suggested product, as well as a textual product description 465, to inform the user about the suggested product so the user may consider whether or not to purchase it. (see at least Paradise5051, fig. 3B, “460”, “465”,’ ¶87).
Product suggestions are not limited to inclusion of any of the information, text, images, graphics, or other items depicted in product suggestion 450; neither are product suggestions limited to the specific wording of items depicted in product suggestion 450. (see at least Paradise5051, fig. 4A-4B, ¶89).
As modified in the rejection of claim 1, Paradise5051 teaches: purchase receipt with barcodes indicative of purchase confirmation and products (purchased products), therefore it would be within the functionality of Paradise5051 to also represent a suggested product as a bar code.
Paradise5051 does not disclose: (wherein said optically readable code, when scanned or read by a scanner or image acquisition or recognition device in a second store different from said store, is to validate or verify that the user of the mobile device is authorized to take advantage of said second purchase offer and may proceed to payment in accordance with the price and conditions of said second purchase offer).
However, Katzin5115 discloses: Determining an offer for a competing item or second merchant (see at least Katzin5115, ¶22). The app may provide the user with alternate merchants where the user may obtain the product and/or similar products, alternate products that may be comparable to the product, competitive pricing information between merchants, discounts, coupons, and/or other offers for the user, etc (see at least Katzin5115, ¶69). Provide the user an option to purchase the product on the spot and/or at competing merchants (see at least Katzin5115, ¶74). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the product suggestion of Paradise5051 indicative of second purchase offer, to include displaying an offer for a second merchant location as taught by Katzin5115 , since this would be a simple substitution of one known offer implementation, for another, to obtain the predictable result of expanding the promotional spectrum of the method, and the substitution produces no new and unexpected result.
Regarding claim 11, Paradise5051 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 does not disclose: (wherein said optically readable code, when scanned by a scanner in a second store or shown to staff members in the second store, is used for validating or verifying, at the second store, that the user of the mobile device is authorized to take advantage of a second purchase offer including at least one product available for sale at the second store).
However, Katzin5115 discloses: Coupons and promotions 225, advertisements, and may provide the user an option to purchase the product on the spot and/or at competing merchants. In some implementations, the system may provide a proof of purchase for the user, such as through button 235 to view such information, so that the user can provide a proof of purchase to a store employee or scanner should it become necessary. (see at least Katzin5115, fig. 2B, ¶74).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the product suggestion of Paradise5051 indicative of second purchase offer, to include displaying an offer for a second merchant location and validating that offer as taught by Katzin5115 , since this would be a simple substitution of one known offer implementation, for another, to obtain the predictable result of expanding the promotional spectrum of the method, and the substitution produces no new and unexpected result.
Regarding claims 17-18, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 (as modified in the rejection of claim 1) further teaches:
(h. acquiring, by an image acquisition device operatively coupled to or communicatively connected to the cashier system of the store, said optically readable code representing said first purchase offer, thereby validating or verifying that the user of the mobile device is authorized to take advantage of said second purchase offer and may proceed to payment ).
Claim 18 (h. scanning, by a scanner operatively coupled to the cashier system of the store, said optically readable code representing said first purchase offer, thereby validating or verifying that the user of the mobile device is authorized to take advantage of said second purchase offer and may proceed to payment ).
Paradise5051 discloses: Product suggestion 450 (a second purchase offer different from said first purchase offer) (see at least Paradise5051, fig. 3B, “460”, “465”,’ ¶87);
When the user is ready to leave the physical retail establishment, the loss prevention personnel may verify that the purchase confirmation code on the receipt on the mobile device matches the purchase confirmation code on the receipt received at the loss prevention device, to verify that the receipt on the mobile device is genuine (see at least Paradise5051, ¶32, 44-45). Bar code scanner connected to the loss prevention device for scanning each product in the user's physical shopping cart (see at least Paradise5051, ¶50). (acquiring, by an image acquisition device operatively coupled to or communicatively connected to the cashier system of the store)
It follows that when the “optically readable code representing said first purchase offer” in Paradise5051 (as modified in the rejection of claim 1) is acknowledged or read (verified by the loss prevention personnel), then the associated product suggestion on that receipt is likewise verified, since the associated product suggestion is uniquely linked to the transaction receipt.
Regarding claim 19, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 (as modified in the rejection of claim 1) further discloses: (h. conducting said payment transaction by purchasing at least one item of said second product or second product category and/or in accordance with the price and/or conditions of said first purchase offer, wherein said payment transaction is conducted following said scanning of said optically readable code representing said first purchase offer is validating or verifying that the user of the mobile device is authorized to take advantage of said first purchase offer ). Accept suggestion (see at least Paradise5051, abstract, ¶32, 72-73).
Regarding claim 20, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 (as modified in the rejection of claim 1) further discloses: (wherein said the optically readable code also includes payment credentials of the customer associated with the mobile device and said payment transaction is conducted automatically in response to scanning or acquiring an image of said optically readable code representing said first purchase offer by a scanner or an image acquisition device operatively coupled to or communicatively connected to the cashier system of the store) (see at least Paradise5051, ¶41, 97-98).
Regarding claim 21, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 (as modified in the rejection of claim 1) further teaches:
(h. transmitting, from said control system to said mobile device, product and/or price information for said first product or first product category, wherein said product and/or price information for said first product is transmitted in response to receiving said barcode or data representing said barcode). (see at least Paradise5051, ¶32, 90).
(i. displaying said product and/or price information for said first product or first product category in the application). (see at least Paradise5051, ¶32,38-39, 90).
(j. identifying, by the application program running on the mobile device, an event associated with said first product or first product category, wherein said event comprises identifying at least one of the actions of adding at least one item of the first product or first product category to the shopping basket of the application program and checking out at least one item of the first product or first product category for payment). User selects product (event) (see at least Paradise5051, ¶32,38-39, 90).
(k. transmitting, from the mobile device and in response to identifying said event associated with said first product or first product category, event data representing said event associated with said first product or first product category, wherein said step of transmitting data representing said first purchase offer is performed in response to said control system receiving said event associated with said first product or first product category). User selects product (event) (see at least Paradise5051, ¶32,38-39, 90).
Regarding claim 22, Paradise5051 in view of Katzin5115 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statement.
Paradise5051 (as modified in the rejection of claim 1) further teaches: (wherein said step of identifying said event of accepting said purchase offer comprises identifying, by the application program, at least one of the events of: (h. adding, to the shopping basket of the application program running on the mobile device, at least one item of a second product or second product category different from said first product or first product category). (see at least Paradise5051, ¶32,38-39, 90).
Regarding claim 29, Paradise5051 discloses:
Compact prosecution: The circular redundant language of this claim is noted.
Examiner’s note: Regarding the recitation (“i. transmit, from the control system to the same mobile device, an optically readable code or data used for generating an optically readable code representing said first purchase offer, wherein said optically readable code, when scanned or read, is to validate or verify that the user of the mobile device is authorized to take advantage of said first purchase offer and proceed to payment in accordance with the price and conditions of said purchase offer,”); the Examiner has analyzed the claim language and phrasing as indicated by the underlined sections or words above, and determined that the phrasing is not required due to the terminology being intended use or expected results, in conformity with MPEP § 2111.04. In particular, the claim only actively recites a step of “transmit(ting), from the control system to the same mobile device, an optically readable code or data, used or adapted to be used for generating an optically readable code”, but does not positively recite a step of “scanning or reding”, nor positively recite a step of “validate(ing) or verify(ing)”; therefore, the claim merely recites what the "transmitting” is "intended" or "expected" to provide/accomplish. This intended result or intended field of use carries little or no patentable weight. Although intended use or expected results limitations carry little or no patentable weight, the limitation has been addressed in view of prior art.
(control system for providing a user of a mobile device with a verification code following a payment transaction). System comprising computing devices, processors, servers, memory, computer readable media, interfaces, modules and software instructions stored in memory that enable the system to execute the steps of the method over network communications and to enable interaction between participants and the system (see at least Paradise5051, fig. 1, 5A-5B, ¶33-34, 104-120).
(a. receive event data indicating the event of a successfully completed payment transaction including the purchase of the product items of a first purchase offer by the user of a mobile device). ) (see at least Paradise5051, fig. 4B, “280” “Transact Purchase”, ¶41-43).
Purchase transaction receipt, therefore proof of purchase completion (or indication of purchase confirmation) (see at least Paradise5051, fig. 3A, ¶42).
Purchase transaction receipt, therefore proof of purchase completion (or indication of purchase confirmation) (see at least Paradise5051, fig. 3A, ¶42, “generate a purchase confirmation (e.g., a receipt) confirming the purchase”; ¶43, “purchase facilitating server 160 may transmit the generated receipt to both the mobile device 140 and the inventory server 180 (and/or another processing device associated with the retail establishment) to confirm the purchase to both the user of mobile device 140 and the retail establishment.”).
(b. generate an optically readable code, or data for generating an optically readable code associated with said first purchase offer and/or the products of said first purchase offer). (see at least Paradise5051, fig. 4B, “285” “Transmit Receipt”, ¶41-43).
(c. transmit, to said mobile device and in response to receiving said event data indicating said event of a successfully completed payment transaction), (see at least Paradise5051, fig. 4B, “285” “Transmit Receipt”, ¶41-43)
wherein said control system is further configured to:
(d. receive an image or barcode, or data representing an image or a barcode, from a mobile device); Image is transmitted from the mobile device and received by the server (see at least Paradise5051, fig. 4A, “220” “Transmit Image” ¶6). “215” “Obtain Image”
(e. determine that said received image or barcode data is associated with a product item which belongs to a first product or first product category); (see at least Paradise5051, fig. 4A, “225” “Identify Product”),
(f. identify a first purchase offer associated with the first product or first product category); (see at least Paradise5051, fig. 4A, “225” “Identify Product, and
(g. transmit data representing a first purchase offer to said mobile device, and wherein said control system is configured to perform the following steps prior to conducting the payment transaction): (see at least Paradise5051, fig. 4A, “230” “Transmit Product Information”)
(h. receive, from the same mobile device, event data indicating that the user of the mobile device has accepted said first purchase offer); Payment information is transmitted from the mobile device and received by the server, indicating acceptance by the customer (asserting a purchase transaction completion) (see at least Paradise5051, fig. 4A, “275” “Transmit Payment Information”, “280” “Transact Purchase” and
Regarding the limitation:
(comprising patterns that are to be decoded by an optical reader and that is to be translated into digital information).
(an optically readable code, or data for generating an optically readable code),
(receiving, by the mobile device, an optically readable code), and likewise does not explicitly disclose: (displaying, in the application program running on the mobile device, the optically readable code, wherein said optically readable code is displayed following the identifying of the event of a successfully completed payment transaction);
Paradise5051 discloses: Exemplary purchase confirmation that may be generated by purchase facilitating server 160 and transmitted to mobile device 140 as an augmented receipt 400 (see at least Paradise5051, fig. 3A, ¶66). The purchased products may be listed in the receipt by bar code number (data representing said image or barcode) (an optically readable code) (and/or name) (see at least Paradise5051, fig. 3A, ¶42, 66). (is displayed following the identifying of the event of a successfully completed payment transaction). The purchase confirmation code may be electronically encoded within the receipt in any suitable manner, as aspects of the present invention are not limited in this respect (see at least Paradise5051, fig. 3A, ¶42, 66). In some embodiments, a purchase confirmation code may be a unique identifier for a receipt and its associated transaction (see at least Paradise5051, fig. 3A, ¶68, “Augmented receipt 400 lists a purchase confirmation code (557892) for the transaction. As discussed above, such a purchase confirmation code may be of any suitable form, such as any suitable sequence of numbers, letters and/or other characters and/or symbols.”).
It is noted, that the “suitable sequence of numbers, letters and/or other characters and/or symbols” of the purchase confirmation code and/or within the receipt at large, unquestionably represent “data for generating an optically readable code”. Moreover these “suitable sequence of numbers, letters and/or other characters and/or symbols” also are “optically readable”, since a capability or lack thereof for optically reading lays with a reader and not with the encoded numbers and symbols.
Even if it could be argued that Paradise5051 does not explicitly disclose: (receiving, by the mobile device, an optically readable code), and likewise does not explicitly disclose: (displaying, in the application program running on the mobile device, the optically readable code, wherein said optically readable code is displayed following the identifying of the event of a successfully completed payment transaction);
it would have been obvious to try, by one of ordinary skill in the art before the effective filing date of the claimed invention to represent the purchase confirmation code and/or the product codes of the purchased items in the augmented receipt (and/or the suggested products) of Paradise5051 in an optically readable format, since Paradise5051 teaches that the purchase confirmation code may be electronically encoded within the receipt in any suitable manner, as aspects of the present invention are not limited in this respect, and already teaches acquiring, recognizing, identifying, receiving and transmitting product bar-code information scanned with the user mobile device; and further teaches receiving offers from a backend or control system, and since an optically readable format is one of a finite number of predictable representations (a finite number of identified, predictable potential solutions) of barcode numbers, to the recognized need of displaying representing receipt codes, and one of ordina