DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is a response to an amendment filed 02/11/2026.
Claims 1, 4, 5, 20-23, 26-28, 37, 40, 42, 45, 46, 68, 70, 71, 77, and 90 are pending.
Claims 1 and 90 are amended.
Response to Arguments
Applicant’s arguments, filed 02/11/2026, have been fully considered but are moot in view of the new grounds of rejection. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Rejections based on a newly cited reference(s) follow.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 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, 5, 20-22, 26-28, 37, 40, 42, 45, 46, 77, and 90 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication No. 2016/0171547 to Sjolund et al., (hereinafter Sjolund), in view of US Patent Publication No. 2012/0265616 to Cao et al., (hereinafter Cao).
Regarding claim 1, Sjolund teaches a method of engaging at least one target personnel in a facility with a targeted stimulus (At least a target person (e.g. customer) engaged with targeted stimulus (e.g. presented with visual display with targeted information) in a facility such as a retail building, see Abs., p79, 86, P49, Sjolund), the method comprising:
providing device data to a device database that associates an interactive device disposed in the facility with an interaction zone and with a stimulus type of the interactive device the interactive device being configured to provide the stimulus type to the interaction zone (Data is provided in a database, where the database associates a specified advertisement (stimulus type) to a retail context of a specified zone (i.e. interaction zone) of the retail facility that includes a signage device (i.e. interactive device) for displaying the specified advertisement, see P95, P92-94, 86, 88, Sjolund);
identifying a stimulus context pertinent to at least one target personnel that is presently at the interaction zone and/or that is projected to be in the interaction zone at a projected future time (A context in which to provide a pertinent stimulus (e.g. an advertisement) is identified for customers at a zone such as by a path, or that are determined to likely be (i.e. projected) at a zone at specified time, see P85-86, 94-96, 78-79, Sjolund), wherein the stimulus context is a selected one of a plurality of stimulus types (Digital signages at least display advertising stimulus, thus at least one visual and electromagnetic stimuli, and/or audio of what are all known types of advertising medium delivery forms, see p2, 79, 86, P88, 85, Sjolund);
obtaining contextual data relating to the stimulus context, the contextual data being obtained from a contextual database (Database with context and advertising stimulus obtained for display, see P95, P85-86, 94-96, 78-79, P92-94, Sjolund);
and using the stimulus type of the interactive device to disseminate the contextual data to the interaction zone (A specified stimulus type (e.g. specific advertisement) is used for display to disseminate the promotion in a specified retail context zone, see P95, P85-86, 88, 94-96, 78-79, P92-94, Sjolund).
Although Sjolund teaches wherein a stimulus context is a selected one of a plurality of stimulus types, in the sense of as at least one of conceivable types known to any person of ordinary skill of the art,
Cao, from the same or similar field of targeted and dynamic advertising, more explicitly teaches wherein a stimulus context is a selected one of a plurality of stimulus types (Dynamically tailored advertisement context stimulus can be provided in at least one of many known types of presentations stimuli to an individual, such as video, audio, olfactory, tactile, etc., see P57, 42, 46, 35, 32-33, 48, 59, Cao )
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the targeted stimulus and localization based service as described by Sjolund and incorporating consideration of a plurality of stimulus types, as taught by Cao.
One of ordinary skill in the art would have been motivated to do this modification in order to better present advertising messages in a chosen stimulus form type among many known forms as desired by an advertiser that may effectively communicate their messaging to a consumer (see p2, P57, 42, 46, 35, 32-33, 48, 59, Cao).
Regarding claim 4, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the stimulus type comprises visual, auditory, olfactory, tactile, gustatory, electrical, or magnetic stimulus or a combination thereof (Digital signages at least display advertising stimulus, thus at least visual and electromagnetic stimuli, audio, see p2, 79, 86, P88, 85, Sjolund).
Regarding claim 5, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the stimulus type comprises temperature, gas content of the atmosphere at least in in the interaction zone of the facility, gas flow, gas pressure, electromagnetic radiation, sound, or gas content of the atmosphere, or a combination thereof (Digital signages at least display advertising stimulus, thus at least electromagnetic radiation by virtual of a display either emanating or reflecting electromagnetic radiation (i.e. light received by a customer’s eyes in order to see the displayed content), see 79, 86, P88, 85, Sjolund).
Regarding claim 20, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the stimulus type comprises is accessible and/or perceptible by one or more occupants of the interaction zone (Displayed advertising stimulus for customers, thus at least accessible and perceptible to customers occupying a zone where the signage is located, see 79, 86, P88, 85, Sjolund).
Regarding claim 21, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the one or more occupants comprise the target personnel (Customers are target personnel for advertising, see p85-86, 79, 86, P88, 85, Sjolund).
Regarding claim 22, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the device data includes a designation of the interaction zone (Retail context for a specific context zone, as provided in a database, is an implication of a designated context zone where a specific advertisement will be interacted with by customers, see P95, P92-94, 85-86, 88, Sjolund).
Regarding claim 26, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein designation of the interaction zone comprises an identifier of the interactive device, a geographic location of the interactive device, an orientation of the interactive device, or a boundary description of a zone in which the stimulus type is perceptible to the target personnel (Retail context for a specific context zone is a physical designated context zone with boundaries where a specific signage for displaying advertisement stimuli will be interacted with by customers, see p49, 79, 85, Fig. 2, 71, P95, P92-94, 85-86, 88, Sjolund).
Regarding claim 27, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the contextual data is disseminated using the stimulus type from the interactive device, and the stimulus type is recognizable by the at least one target personnel in the interaction zone (Retail context advertising is disseminated using a specified display signage device, where advertising and visual display is recognized by target customers in a zoned designated for displaying the stimuli, see p85-86, p49, 79, 85, Fig. 2, P95, P92-94, 85-86, 88, Sjolund).
Regarding claim 28, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein (i) identification of the stimulus context, (ii) obtaining the contextual data, or (iii) identification of the stimulus context and obtaining of the contextual data, is provided by: one or more of a third party, a media outlet, a commercial outlet, a security outlet, a health outlet, an owner, lessor, manager, or messenger of the facility, or a combination thereof (System for targeted stimulus that includes context data identification, obtaining context data, or identification and obtaining context data, can be provided by a commercial facility, owner, third-party, etc., see Fig. 4, p86, p91, p98, abs., 122, 100, Sjolund).
Regarding claim 37, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein a location of the target personnel at a projected future time is determined based at least in part on a path projection, on an electronically stored schedule and/or calendar of one or more activities taking place in the facility, on an electronically stored schedule and/or calendar of the target personnel, or a combination thereof (Customer targeted for stimulus at projected times can be determined at least with path projected for customers, a schedule, etc., see abs., p85-86, Sjolund ).
Regarding claim 40, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein a location of the target personnel is determined using geolocation data (Customers can be located via data such as triangulation, which can geolocate a customer within a facility by tracking a user device, see p58,62, abs., 57, 52, Sjolund).
Regarding claim 42, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the interactive device disseminates the contextual data as one or more of displayed and/or projected media, projected sound, a projected temperature wherein the stimulus type is thermal, a projected gas, or a combination thereof (A signage disseminates a desired context as a projected visual audio advertisement, see p2, P85-86, 95, 94-96, 78-79, Sjolund).
Regarding claim 45, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein: the projected media comprises a message; and the message comprises a commercial message, a health related message, a security related message, an informative message regarding the facility, or an informative message regarding activities in the facility (A signage disseminates a desired context as a projected visual audio advertisement information promo message, see p95, P85-86, 95, 94-96, 78-79, Sjolund).
Regarding claim 46, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the facility comprises an airport, a bank, a hospital, a sport arena, a hotel, a club, a restaurant, a country club, a resort, a mall, a shop, a theater, a transportation terminal, a school, a museum, an office, a gym, a warehouse, a distribution center, or a factory (A premise can be an intended use facility such as a commercial retail facility (e. g. a shop, mall, etc.,), see p2, abs., 48, P85-86, 95, 94-96, 78-79, Sjolund).
Regarding claim 77, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the stimulus type is a first stimulus type, wherein the method further comprises engaging the at least one target personnel in the interaction zone of the facility with at least one stimulus type different than the first stimulus type (Customers can be presented with different types of stimulus, such as different advertisements, or advertisements, promotions, services, information, etc., see P95-96, p84-85, p3, 79, 39, Sjolund).
Regarding claim 90, Sjolund teaches a method for managing delivery of targeted stimulus from contextual data sources to one or more interactive devices in a facility (Specified advertisement (i.e. targeted stimulus) from retail context data of a specified zone of a retail facility that includes a signage device (i.e. interactive device), is managed for display, see P95, P92-94, 86, 88, Sjolund), comprising: deploying an interactive device in the facility, the interactive device being configured to provide a stimulus type to at least one target personnel (At least a target person (e.g. customer) engaged with targeted stimulus type (e.g. presented with visual display with targeted information) in a facility such as a retail building through a digital signage, thus interactive device is deployed, see Abs., p2, p79, 85-6, P49, Sjolund); mapping an interaction zone in the facility where the stimulus type is perceptible by the target personnel (A retail context zone (interaction zone) with a signage device for displaying information to a target customer is within the retail establishment, thus the zone is mapped, see Figs. 2-3, P95, P92-94, 86, 88, Abs., p79, 86, P49, Sjolund); discovering device data that enables remote engagement with at least one interaction capability of the interactive device (Advertising data is determined for an signage device, thus constitutes device data, and can be remote of the signage and uses the visual engagement capabilities of a digital signage, see Fig. 4, p86, 95, 91-95, Sjolund); publishing the device data and a representation of the interaction zone in a database available to a content manager (Data is provided (published) in a database, where the database associates a specified advertisement (stimulus type) to a retail context of a specified zone (i.e. representation of an interaction zone) of the retail facility that includes a signage device (i.e. interactive device) for displaying the specified advertisement, where data is available to a system manager, such as in fig. 4, see 87, P95, P92-94, 86, 88, Fig. 4, Sjolund); and using the database and a stimulus context pertinent to the at least one target personnel that is presently at and/or that is projected to be in the interaction zone at a future time (A context in which to provide a pertinent stimulus (e.g. an advertisement) is identified for customers at a zone such as by a path, or that are determined to likely be (i.e. projected) at a zone at specified time, see P85-86, 94-96, 78-79, Sjolund), to disseminate contextual data to the interaction zone using the interactive device (A specified stimulus type (e.g. specific advertisement) is used for display to disseminate the promotion in a specified retail context zone, see P95, P85-86, 88, 94-96, 78-79, P92-94, Sjolund), the contextual data being contextual data obtained from a contextual database (Database with context and advertising stimulus obtained for display, see P95, P85-86, 94-96, 78-79, P92-94, Sjolund), wherein the stimulus context is a selected one of a plurality of stimulus type (Digital signages at least display advertising stimulus, thus at least one visual and electromagnetic stimuli, and/or audio of what are all known types of advertising medium delivery forms, see p2, 79, 86, P88, 85, Sjolund).
Sjolund does not explicitly teach wherein a stimulus context is a selected one of a plurality of stimulus type, selected based at least in part on an identification of an at least one target.
However, Cao, from the same or similar field of targeted and dynamic advertising, explicitly teaches wherein a stimulus context is a selected one of a plurality of stimulus type (Dynamically tailored advertisement context stimulus can be provided in at least one of many known types of presentations stimuli to an individual, such as video, audio, olfactory, tactile, etc., see P57, p2, 42, 46, 35, 32-33, 48, 59, Cao), selected based at least in part on an identification of an at least one target (Dynamically tailored advertisement context stimulus can be selected in one of a known forms and in view of identified target customer, see 42, p2, 46, 35, 32-33, P57, 42, 46, 35, 32-33, 48, 59, Cao)
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the targeted stimulus and localization based service as described by Sjolund and incorporating consideration of a plurality of stimulus types and selection of stimuli partly based on target identification, as taught by Cao.
One of ordinary skill in the art would have been motivated to do this modification in order to better present advertising messages in a chosen stimulus form type among many known forms as desired by an advertiser that may effectively communicate their messaging to a consumer and better tailored for a specifically desired target customer and/or base that may be most receptive to effective advertising message and communication (see p2, P57, 42, 46, 35, 32-33, 48, 59, Cao).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Sjolund, in view of Cao, and in further view of US Patent Publication No. 2011/0276266 to Ballew et al., (hereinafter Ballew).
Regarding claim 23, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund does not explicitly teach wherein a designation comprises determining and/or using an isovist corresponding to a stimulus type of an interactive device.
However, Ballew from the same or similar field of localization based services, teaches wherein a designation comprises determining and/or using an isovist corresponding to a stimulus type of an interactive device (A designation of an area such as a finding a way zone path, can be based on using isovist related to visual stimulus such as object seen by an individual, see p38-43, 68, Figs. 2-4, 57, 100, Ballew).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the targeted stimulus and localization based service as described by the combination that includes Sjolund and incorporating consideration of isovist use, as taught by Ballew.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide a localization technique that can be used in way finding that can complement and provide effective, simpler, and indoor localization than other techniques (see p2-3, 57, Ballew).
Claims 68, 70, and 71 are rejected under 35 U.S.C. 103 as being unpatentable over Sjolund, in view of Cao, in view of US Patent Publication No. 2018/0061285 to Gilbert, (hereinafter Gilbert).
Regarding claim 68, the combination of Sjolund and Cao teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein a method is carried out at least in part by a local network that comprises cables configured to transmit communication data (System can employ wired local area network, see p87, Sjolund).
Sjolund does not explicitly teach communication data and power on one cable.
However, Gilbert from the same or similar field of advertisement and information presentation devices, teaches communication data and power on one cable (Network can be implemented with power-over-ethernet, which is known to provide network communications and power on the same ethernet cable, see p12, p11-12, 46, Gilbert).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the targeted stimulus and localization based service as described by the combination that includes Sjolund and incorporating communications and power on one cable, as taught by Gilbert.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide needed power to a device receiving data without requiring a separate power cable routing (see p12, p11-12, 46, Gilbert).
Regarding claim 70, the combination of Sjolund and Gilbert teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein the communication data comprises control data configured to control (i) one or more devices of the facility other than the interactive device and/or (ii) an environment of at least a portion of the facility other than the interaction zone (Other signage devices, different from a specific zone, can also be used by control of changing their advertised content, see Figs. 2-4, P95, P92-94, 86, 88, Sjolund).
Regarding claim 71, the combination of Sjolund and Gilbert teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Sjolund further teaches wherein a communication data comprises cellular communication conforming to at least third, fourth, or fifth generation cellular communication, phone communication, media streaming that comprises television, movie, stills, gaming, video conferencing, data sheets, media utilized by an industry sector or by a governmental sector, media utilized in entertainment, health, construction, aviation, security, technology, biotechnology, legal, banking, monetary, automotive, agricultural, communication, education, food, computer, military, oil and gas, sports, manufacturing, or in waste management industry, or a combination thereof (Communication data can include at least two, three or 4 generation cellular communications data, see p87, Sjolund).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Levin et al., US. Patent Publication No. 2002/0128908 teaches user-specific promotional campaigns that can be made in different types of campaigns and targeted to be published to different types of devices, specific desired demographics, and location based.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILIO J SAAVEDRA whose telephone number is (571)270-5617. The examiner can normally be reached M-F: 9:30am-5:30pm (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert E Fennema can be reached at (571) 272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EMILIO J SAAVEDRA/Primary Patent Examiner, Art Unit 2117
Prosecution Insights