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 .
DETAILED ACTION
This communication is a Final Office Action in response to communications received on 12/19/25.
Claims 4-6, 11-13, 18-20 have been cancelled.
Claims 1, 3, 8, 10, 15 and 17 have been amended.
Claims 21-23 have been added.
Therefore, Claims 1-3, 7-10, 14-17, 21-23 are now pending and have been addressed below.
Information Disclosure Statement
The information disclosure statements (IDS) submitted have been considered by the examiner.
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 1-3, 7-10, 14-17, 21-23 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (an abstract idea) without significantly more.
Step 1: Identifying Statutory Categories
In the instant case, claims 1-3, 7-10, 14-17, 21-23 are directed to a system/apparatus. Thus, the claims fall within one of the four statutory categories. Nevertheless, the claims fall within the judicial exception of an abstract idea.
Step 2A: Prong 1 Identifying a Judicial Exception
Under Step 2A, prong 1, Claims 1-3, 7-10, 14-17, 21-23 are rejected under 35 U.S.C. 101 because the claimed invention recites an abstract idea without significantly more. Independent claims 1, 8 and 15 recite methods for displaying commodity information for a customer in a store including; switch between a first state in which an advertisement for a commodity is displayed and a second state in which coupon information about a coupon applicable to the commodity is displayed; storing commodity codes of commodities, each in association with any coupon applicable to the corresponding commodity, and customer IDs of customers of the store, each in association with any coupon that has been issued thereto; acquire a first customer ID and first information, the first information indicating a current position in the store, determine a first area corresponding to the current position, determine that a first coupon is associated with the first customer ID and applicable to a first commodity displayed in the first area and a second command, and transmit a first command indicating the first commodity to a first display associated with the first area, wherein the first command causes to first display to switch from the first state to the second state and display first coupon information about the first coupon applicable to the first commodity, the second command to vibrate. Claim 15 recites displaying commodity information for a customer in an area of a store, comprising: a customer in the store and present within a predetermined range; stores a commodity code of a commodity displayed in the area in association with a coupon applicable to the commodity; a display; and: detect within the predetermined range, acquire a first coupon code of a first coupon, determine whether the first coupon is associated with the commodity displayed in the area, upon determining that the first coupon is associated with the commodity displayed in the area, display commodity information related to the commodity displayed in the area, switch from the first state to the second state and display first coupon information
These limitations as drafted, are a process that, under its broadest reasonable interpretation, covers methods of organizing human activity (including commercial interactions such as business relations, managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) including interaction between person and computer), but for the recitation of generic computer components. That is, other than reciting the structural elements (such as Claims 1 & 8 a plurality of display devices installed in the store and each associated with one of a plurality of areas in which commodities are displayed for purchase; and a server device including: a communication interface configured to communicate with the display devices and a terminal device operated by a customer in the store, a memory, a processor, a first terminal device, first display device, first terminal device to vibrate; Claim 15 a display device, a communication interface configured to communicate with a terminal device, a memory, a processor, a first terminal device), the claims are directed to displaying commodity information for a customer in an area of a store. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation of organizing human activity but for the recitation of generic computer components, the claim recites an abstract idea.
Step 2A Prong 2 - This judicial exception is not integrated into a practical application because the claim merely describes how to generally “apply” the concept of receiving data, analyzing it, and providing commodity information. In particular, the claims only recites the additional element – Claims 1 & 8 a plurality of display devices installed in the store and each associated with one of a plurality of areas in which commodities are displayed for purchase; and a server device including: a communication interface configured to communicate with the display devices and a terminal device operated by a customer in the store, a memory, a processor, a first terminal device, first display device, first terminal device to vibrate; Claim 15 a display device, a communication interface configured to communicate with a terminal device, a memory, a processor, a first terminal device), the claims are directed to displaying commodity information for a customer in an area of a store. The additional elements are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f). The claims are directed to an abstract idea. Simply implementing the abstract idea on generic components is not a practical application of the abstract idea. Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. In addition, the limitations reciting “transmit a first command indicating the first commodity; transmit second command (Claims 1 & 8)….; display commodity information Claim 15 “are merely a post-solution step of transmitting data output—a nominal addition to the claim that does not meaningfully limit the claim. Therefore, these steps are an insignificant extra-solution activity. See MPEP 2106.05(g).
The claims are directed to an abstract idea. When considered in combination, the claims do not amount to improvements to the functioning of a computer, or to any other technology or technical field, as discussed in MPEP 2106.05(a), applying the judicial exception with, or by use of, a particular machine, as discussed in MPEP 2106.05(b), effecting a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP 2106.05(c), or applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP 2106.05(e). Accordingly, the additional elements do not integrate the abstract idea into a practical application because they does not impose any meaningful limits on practicing the abstract idea. Therefore, the claims are directed to an abstract idea.
Step 2B: Considering Additional Elements
The claimed invention is directed to an abstract idea without significantly more. The claim does not include additional elements that are sufficient to amount significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the claims describe how to generally “apply” to; provide/display commodity information for a customer in an area of a store. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The independent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claims are not patent eligible. The dependent claim(s) when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail to establish that the claim(s) is/are not directed to an abstract idea. The dependent claims are not significantly more because they are part of the identified judicial exception. See MPEP 2106.05(g). The claims are not patent eligible. With respect to Claims 1 & 8 a plurality of display devices installed in the store and each associated with one of a plurality of areas in which commodities are displayed for purchase; and a server device including: a communication interface configured to communicate with the display devices and a terminal device operated by a customer in the store, a memory, a processor, a first terminal device, first display device; Claim 15 a display device, a communication interface configured to communicate with a terminal device, a memory, a processor, a first terminal device, these limitations are described in Applicant’s own specification as generic and conventional elements. See Applicants specification, Paragraph [0036] details “ The display system 3 includes a server device 4, a plurality of display devices 5 provided in a sales floor in the store, and a terminal device 6 operated by a customer C. The checkout device 2, the server device 4, and each display device 5 are communicably connected to each other via a network N such as a Local Area Network (LAN). ” The limitation of “causes the first terminal device to vibrate” is similar to Krutchik (US 2010/0312630) teaches command that causes the first terminal device to vibrate ([0009] vibrating alert notifying the user of the arrival of a new coupon or offer). These are basic computer elements applied merely to carry out data processing such as, discussed above, receiving, analyzing, transmitting and displaying data, which fall under well-understood, routine and conventional functions of generic computers.[0051] a computer including a Central Processing Unit (CPU) 401, Read Only Memory (ROM) 402, Random Access Memory (RAM) 403.” As discussed in Step 2A, Prong Two above, the recitations of “transmitting/display steps” amount to transmitting/display data over a network and are well understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. Furthermore, the use of such generic computers to receive or transmit data over a network has been identified as a well understood, routine and conventional activity by the courts. See Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AVAuto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93, OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result-a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added)); Also see MPEP 2106.05(d) discussing elements that the courts have recognized as well-understood, routine and conventional activities in particular fields. Lastly, the additional elements provides only a result-oriented solution which lacks details as to how the computer performs the claimed abstract idea. Therefore, the additional elements amount to mere instructions to apply the exception. See MPEP 2106.05(f).
Furthermore, these steps/components are not explicitly recited and therefore must be construed at the highest level of generality and amount to mere instructions to implement the abstract idea on a computer. Therefore, the claimed invention does not demonstrate a technologically rooted solution to a computer-centric problem or recite an improvement to another technology or technical field, an improvement to the function of any computer itself, applying the exception with, or by use of, a particular machine, effect a transformation or reduction of a particular article to a different state or thing, add a specific limitation other than what is well-understood, routine and conventional in the field, add unconventional steps that confine the claim to a particular useful application, or provide meaningful limitations beyond generally linking an abstract idea to a particular technological environment such as computing. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. Taking the additional claimed elements individually and in combination, the computer components at each step of the process perform purely generic computer functions. Viewed as a whole, the claims do not purport to improve the functioning of the computer itself, or to improve any other technology or technical field. Use of an unspecified, generic computer does not transform an abstract idea into a patent-eligible invention. Thus, the claims do not amount to significantly more than the abstract idea itself.
Dependent claims 2-3, 7, 9-10, 14, 16-17, 21-23 add additional limitations, but these only serve to further limit the abstract idea, and hence are nonetheless directed towards fundamentally the same abstract idea as Independent claims.
Claims 2-3, 9-10,16-17, 23 recite wherein the first command causes the first display device to further display a message indicating that a coupon is usable; wherein the first commodity information includes a commodity name and a commodity image of the first commodity; wherein each of the display devices is configured to display an advertisement during a time period just prior to receiving the first command from the server device; wherein the terminal device is mounted on a shopping cart; first coupon information includes a commodity name and a commodity image of the commodity displayed in the area; the shopping cart includes a handle on which the first terminal device is held, and the vibration of the first terminal device caused by the second command is transmitted to the handle These limitations further limit the abstract idea by display details regarding commodity. The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Claims 7, 14, 21-22 recites a plurality of beacon devices installed in the store and each broadcasting a beacon signal indicating a beacon ID associated with one of the areas, and the first information acquired from the first terminal device includes the beacon ID. a beacon management file in which beacon IDs are associated with the plurality of areas, and an area management file in which the plurality of areas are associated with display device codes identifying the plurality of display devices, and the processor is configured to determine the first area by referring to the beacon management file based on a beacon ID included in the first information, and specify the first display device to which the first command is transmitted by referring to the area management file based on the determined first area operate in the first state when no command is received from the server device, and upon receiving the first command, operate in the second state for a predetermined time period, and automatically return to the first state after the predetermined time period has elapsed. The additional element of beacon devices is recited at high level of generality and merely adds the words apply it (or an equivalent) with the judicial exception , or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea as discussed in MPEP 2106.05(f). The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Therefore, dependent claims do not integrate into a practical application. As such, the additional elements individually or in combination do not integrate the exception into a practical application, but rather, the recitation of any additional element amounts to merely reciting the words “apply it” (or equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (See MPEP 2106.05(f)). The dependent claims also do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements are merely used to apply the abstract idea to a technological environment. These limitations do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. See MPEP 2106.05d. Thus, the claims do not add significantly more to an abstract idea. The claims are ineligible. Therefore, since there are no limitations in the claim that transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself, the claims are rejected under 35 USC 101 as being directed to non-statutory subject matter. See (Alice Corporation Pty. Ltd. v. CLS Bank International, et al.).
Subject Matter free of prior art
Regarding Claims 1, 8 and 15, Balaoro (US 20220374855 A1) discloses the display system for displaying commodity information for a customer in a store ([0136] the BAM store area devices 110 can include displays in place of, or in addition to, the lights. The merchant experience customization engine 166 can display an icon that corresponds to the representative of the merchant 106 (e.g., an icon selected by or for the representative of the merchant 106) at the displays that are closest to the locations of the one or more objects associated with the product or service), comprising:
Balaoro discloses a plurality of display devices installed in the store (Fig 1 # 110 BAM store are device such as displays, IoT, sensors, robots) and each associated with one of a plurality of areas in which commodities are displayed for purchase (Fig 1 # 110 BAM store are device such as displays, IoT, sensors, robots, Fig. 2B #220A display device, [0041] the BAM store control system 100 can include other devices and/or elements, such as one or more customers 102, one or more customer devices 104 associated with the one or more customers 102, one or more representatives of merchant(s) 106, one or more merchant devices 108 associated with the one or more representatives of merchant(s) 106, one or more BAM store area devices 110 that are located in a BAM store area,.); each display device being configured to switch between a first state and a second state ([0033] The BAM store control system can perform actions that provide customized experiences for customers and merchants based on events occurring within the BAM store area, [0121] if the customer 102 has purchased a ski pass to Tahoe in December, the customer experience customization engine 164 can output recommendations to the customer 102 and/or to a representative of the merchant 106 who is serving the customer 102 in autumn for ski gear.[0127] the BAM store area devices 110 can include displays in place of, or in addition to, the lights. The customer experience customization engine 164 can display an icon that corresponds to the customer 102 (e.g., an icon selected by or for the customer 102) at one or more of the displays that are closest to the locations of the products or services 112 in question (here, the milk and the eggs) in the BAM store area. In some examples, the BAM store area devices 110 can include speakers (e.g., directional speakers) in place of, or in addition to, the lights., [0133] the customer experience customization engine 164 can modify (switch state) what is displayed via display screens (BAM store area devices 110) in the BAM store area. The customer experience customization engine 164 can modify the display screen's output to recommend specific products and/or services, or specific versions (e.g., colors, brands, sizes, etc.) based on preferences and/or needs of the customer determined by the customer preferences and needs identification and tracking engine 156. The customer experience customization engine 164 can provide the customer 102 and/or customer device 104 with special promotions (coupons) or other benefits to accommodate the customer 102 if the mood and/or sentiment of the customer 102 is identified to be negative. The display screens or other BAM store area devices 110 can be customized based on the customer 102 for a period of time, such as while the customer 102 is in a queue, while the customer 102 is within a threshold range of the BAM store area device 110, while the customer 102 is in a BAM store area to pick up a pick-up or to-go order, or a combination thereof.)and
Balaoro discloses a server device ([0059] the local servers 188 and/or the remote servers 190 can be used as a cloud storage and/or processing system. The cloud storage and/or processing system can store and/or process information associated with a user account managed by the account management platform 192) including: a communication interface configured to communicate with the display devices and a terminal device operated by a customer in the store ([0042]The interface layer 120 can generate and/or provide one or more interfaces that can interact with individuals, devices, products, services, other elements of a BAM store area, or combinations thereof. The interface layer 120 can generate and/or provide one or more interfaces that can interact with individuals, such as customers 102 or representatives of merchants 106., [0048] a merchant device 108 and/or local server 188 can act as a hub for BAM store area devices 110, sensors 124, and/or local wireless transceivers 126. [0360] the user device 1402 includes one or more processors 1408, one or more computer-readable media 1410, one or more communication interface(s) 1412, one or more input/output (I/O) devices 1414, a display 1416, and sensor(s) 1418., [0366] The communication interface(s) 1412 can include one or more interfaces and hardware components for enabling communication with various other devices, such as over the network(s) 1406 or directly. ), a memory ([0375] the processing unit(s) may include a central processing unit (CPU), a graphics processing unit (GPU), a CPU and a GPU, or processing units or components known in the art. Additionally, each of the processing unit(s) may possess its own local memory, which also may store program modules, program data, and/or one or more operating systems., [0411]) that stores: customer IDs of customers of the store (Fig 1 # 152 customer ID and account management), each in association with any coupon that has been issued thereto ([0118] the customer 102 can view their personal inventory data structure using an application interface 130 or website 128 on their customer device 104. In this way the customer 102 can view the contents of their physical cart in an electronic form which can provide advantages such as allowing customer 102 to see a current order total price, and/or to apply digital coupons to the cart while shopping.), and a processor configured to:
Balaoro discloses acquire a first customer ID and first information from a first terminal device ([0034] The BAM store control system can use a camera in the BAM store area to identify, within image data from the camera, a visual representation of an individual, such as an individual associated with the wireless communication device and at the identified position of the wireless communication device. The camera can also be used to identify individuals not associated with a wireless communication device. Fig 2C # 225B customer identifier, [0186] BAM store area of FIG. 2A with identifiers indicating individuals 225A-225H detected in the BAM store area (customer ID). The poses of the individuals 225A-225H may be identified and tracked by the customer pose identification and tracking engine 144 and/or the merchant pose identification and tracking engine 146, for instance based on data from the sensors 215A-215F and devices 220A-220F.),
Balaoro discloses the first information indicating a current position of the first terminal device in the store ([0185] identify locations of various customer devices 104 and/or merchant devices 108. [0066] The application layer 130 may include a customer pose identification and tracking engine 144, which may identify and/or track a pose of a customer 102, a customer device 104 associated with the customer 102, and/or a BAM store area device 110 associated with the customer 102. Pose may include location (e.g., latitude, longitude, and/or altitude), orientation (e.g., pitch, yaw, and/or roll), bodily arrangement (e.g., location and orientation of an individual's limbs relative to one another, location and orientation of different portions of a device relative to one another), gaze, or a combination thereof. ),
Balaoro discloses determine a first area corresponding to the current position of the first terminal device ([0070] A customer 102 may scan the glyph 132 using the customer device 104 to check into the BAM store area, which may notify the BAM store control system 100 (e.g., through the web interface 128). This notification that the customer device 104 scanned the glyph 132 may indicate to the customer pose identification and tracking engine 144 that the customer 102 and/or the customer device 104 are located at the location of the glyph 132 at the time of scanning., [0071] the customer pose identification and tracking engine 144 and/or the merchant pose identification and tracking engine 146 can track a pose of an individual (e.g., a customer 102 or a representative of the merchant 106) and/or a device. The location can be a location that the device identifies using a positioning receiver of the device. [0085] the BAM store control system 100 can identify when a customer 102 is in proximity to a representative of a merchant 106, is in proximity to a door, is in proximity to a sensor 124, is in proximity to a POS device, is in proximity to a particular product),
Balaoro discloses control the communication interface to transmit to a first display device associated with the first area (Fig 2B #220A and [0185]The inner BAM store area 205 includes a first device 220A, which is a BAM store area device 110—a display—that is displaying a beverage recommendation, for example related to a specific customer 102's preferences. The inner BAM store area 205 includes a second device 220B, which is a BAM store area device 110—an indicator light (e.g., an LED)—that is atop a shelving unit and illuminated green, for example to indicate to a customer 102 that a product or service 112 that the customer 102 has on their shopping list is in that shelving unit.), a first command indicating the first commodity, wherein the first command causes the first display device to display first commodity information related to the first commodity ([0089] provide recommendations, highlight locations of products or services that customers are identified as looking for and/or interested in., [0127] One or more lights that are closest to the locations of the products or services 112 in question (here, the milk and the eggs) in the BAM store area can be illuminated by the customer experience customization engine 164. The lights may be color-coded to illuminate in a specific color that corresponds to the customer 102 (e.g., a color selected by or for the customer 102). In some examples, the BAM store area devices 110 can include displays in place of, or in addition to, the lights. The customer experience customization engine 164 can display an icon that corresponds to the customer 102 (e.g., an icon selected by or for the customer 102) at one or more of the displays that are closest to the locations of the products or services 112 in question (here, the milk and the eggs) in the BAM store area.)
Balaoro does not specifically teach a terminal device that is operated by a customer and mounted on a shopping cart in the store; memory stores commodity codes of commodities, each in association with any coupon applicable to the corresponding commodity, each in association with any coupon that has been issued thereto, memory stores any coupon applicable to the corresponding commodity, and customer IDs of customers of the store; determine that a first coupon is associated with the first customer ID and applicable to a first commodity displayed in the first area; and control the communication interface to transmit a first command indicating the first commodity to a first display device associated with the first area and a second command to the first terminal device, wherein the first command causes the first display device to switch from the first state to the second state and display first coupon information about the first coupon applicable to the first commodity, the second command causes the first terminal device to vibrate
Hiramatsu et al. (US 2019/0095667 A1), teaches a terminal device that is operated by a customer and mounted on a shopping cart in the store ([0002] a portable wireless communication terminal installed on a shopping cart, [0015] a portable wireless communication terminal installed on a shopping cart includes a reader, a wireless communication interface, a display, and a processor.); memory stores commodity codes of commodities (Fig 1 # 34 retrieval code database, Fig 5 # 34R commodity code for store specific products), each in association with any coupon applicable to the corresponding commodity ([0024] a commodity name, a price, and the like associated with the commodity code and stored in the commodity database 27 are displayed. Promotion information provided from the information providing server 30 may be displayed.), and, each in association with any coupon that has been issued thereto ([0025] The information providing server 30 includes a promotion information database (DB) 31, a provider database (DB) 32, a store database (DB) 33, and a retrieval code database (DB) 34. The promotion information database 31 manages so-called promotion information, i.e., the information offered to the consumer in the process of shopping. The provider database 32 manages information relating to a provider who provides the promotion information.),
Beck et al. (US10,902,473 B2) teaches memory stores coupon applicable to the corresponding commodity, and customer IDs of customers of the store (Fig 9 #186 offers, 111 account data Col 31 lines the user portal (143) allows merchants and/or other parties to define rules (203) to provide offers (186) as real-time responses (e.g., 204) to authorization requests (e.g., 202); and based on the offer rules (203), the message broker (201) is configured to generate, or instruct the media controller (115) to generate, real-time messages (e.g., 204) to provide the offers (186) to the users (e.g., 101). the offers (186) can be provided to the users (e.g., 101) and associated with the account data (111) of the users (e.g., 101) via other media channels, such as a search engine, a news website, a social networking site, a communication application, etc.); determine that a first coupon is associated with the first customer ID (Col 7 lines12-16 the transaction profiles (127) include information about what the user (101) owns, such as points, miles, or other rewards currency, available credit, and received offers, such as coupons loaded into the accounts of the user (101)., Col 16 lines 20-28 the user specific advertisement data (119) is associated with the identity or characteristics of the user (101), such as global unique identifier (GUID), personal account number (PAN), alias, IP address, name or user name, geographical location or neighborhood, household, user group, and/or user data (125).) and applicable to a first commodity displayed in the first area (Col 42 lines 2-22 the mobile device (411) is configured to capture or scan an identification of an item disposed in a retail location, such as the barcode representing the item. The identification of the item can be used to determine the price of the item at the retail location and search for the prices from competitors of the retail location. Offers from competitors can be presented with the offer from the retail location to provide the user (101) with a comparison shopping experience. Col 42 lines 27-30 the user (101) may walk into a physical, brick-and-mortal retail store (e.g., as oppose to a virtual store hosted on Internet) with the mobile device (e.g., 107, 411). When the user (101) uses the mobile device (e.g., 107, 411) configured with a barcode scanning application (e.g., configured to recognize a barcode from an image capture via a digital camera of the mobile device (411) or using other barcode scanning techniques) to capture (703) a barcode of a product for sale in the retail store, the intent of the user (101) to purchase an item);
Krutchik et al. (US 2010/0312630 A1) teaches command that causes the first terminal device to vibrate ([0009] as a restaurant chain. In another embodiment of the invention the icon may represent an individual advertiser or business. The user will have the option of receiving the new offer utilizing a notification system similar in function to receiving a text message (SMS) in which the offer will dynamically appear on the screen of the mobile device with an audible and/or vibrating alert notifying the user of the arrival of a new coupon or offer., [0074] the new offer or coupon notification may be accompanied by a sound alarm or vibration of the device to indicate the receipt of a new offer.)
Zalewski et al. (US10,510,219 B1) discloses a local device can include instructions, data in response to an inquiry or command made by WCC, payload data or code that are sent to a WCC device 100, such as to instruct the WCC device to take an action. The action can include, for example, sending a message, turning on a signal, vibrating the WCC device, outputting a sound for the WCC device, outputting a display message, transmitting display information (Col 62 lines 38-50). This customized information can be in the form of digitally displayed information, such as on a user aware display 5202. The user aware display 5202 can also provide information regarding price, dietary information, discounts, coupons, promotions, shopping list information, information relative to the users calendar (i.e. the need for party supplies for a scheduled party), and/or directions information for the store. The directions for the store can include directions internal within the store, so as to allow the user to quickly find certain items on the user's electronic shopping list. Also shown are proximity sensors 5204, which can be utilized to detect when the user is approaching the shelf 5104 and the specific items (Col 132 lines 4-20)
Richter (US 2021/0228103 A1) discloses [0048]wheel W of the shopping cart 700 is attached with a mechanism V (e.g. an uneven surface), which generates vibrations. The invention related flexible carrier 100a is attached with a sub-circuit and a display D is mounted on the handle of the shopping cart 700 and is influenced by the vibration, when the shopping cart 700 is moving. Whenever such shopping cart 700 comes close to another electric field 600, for example from the external source 300 placed in the shelves, on which a product, for example a bottled product 800 such as milk with a label 100b is stored, it can get energy and thus can share data and communicate with it.
Kurani et al. (US 2020/0387948 A1) teaches each broadcasting a beacon signal indicating a beacon ID associated with one of the areas ( [0032] various locating beacons are positioned throughout the merchant location. The locating beacons are configured to broadcast beacon identifiers that can be detected by the mobile device 110 within a predetermined range of the beacon. Each of the beacon identifiers may be matched to a particular location within the merchant location based on a beacon map (e.g., table, chart, etc.) maintained by the merchant (or the operator of the beacons). , and the first information acquired from the first terminal device includes the beacon ID ([0032] the location determination logic 158 is configured to determine the location of the mobile device 110 (and thus the user or account holder) within the merchant location based on receipt of the beacon identifier at the mobile device 110. For instance, the in-store navigation computer system 150 may receive the beacon identifier from the mobile device 110 and determine the approximate location of the mobile device 110 when the beacon identifier was received by consulting the beacon map., [0039] When this shopping route is selected, the user may receive a user reward for traveling to the designated area. The user rewards provided in these embodiments may be funded by the merchant or another entity associated with the sponsored product and/or area. The user rewards are provided to the user via the in-store navigation computer system 150. The user rewards may be any form of value that can be transferred to the user, such as discounts, rewards points, cash back, merchandise, gift cards, [0040] the user rewards may be provided for purchasing products that are listed on the user shopping list, for completing the user shopping list (i.e., purchasing all products on the list), or for purchasing additional or substitute products that are recommended by the in-store navigation computer system 150., [0054] The location information may also include beacon identifiers received at the mobile device 110. The beacon identifiers may be correlated with a specific location based on a beacon map)
However, the prior art fails to teach or suggest at least “determine a first area corresponding to the current position of the first terminal device, determine that a first coupon is associated with the first customer ID and applicable to a first commodity displayed in the first area, and control the communication interface to transmit a first command indicating the first commodity to a first display device associated with the first area and a second command to the first terminal device, wherein the first command causes the first display device to switch from the first state to the second state and display first coupon information about the first coupon applicable to the first commodity, the second command causes the first terminal device to vibrate.” The prior art teachings as recited above fail to set forth any sufficient rationale for combining or otherwise modifying any of the relevant prior art to arrive at the claimed invention, as a whole. Also see remarks pages 12-13. To arrive at the claimed invention with the precise combination of claimed features would not have been obvious to one of ordinary skill in the art without relying on improper hindsight to substantially reconstruct Applicant's claimed invention.
Thus, the aforementioned combination of features claimed, as a whole, are not anticipated nor rendered obvious for any sufficient rationale by any of the prior art teachings. Furthermore, the prior art of record does not anticipate nor render obvious the combination of limitations for the dependent claims due to their respective dependencies to the independent claims.
Response to Arguments
Applicant's arguments filed 12/19/25 have been fully considered but they are not persuasive.
Regarding 101 rejection, applicant states that claims recite specific improvement to operation of display device. Examiner has considered all arguments and respectfully disagrees. Examiner respectfully disagrees. While the Applicant’s specification may disclose alleged improvements to processor efficiency, the specification merely recites the alleged improvements ([0045] with no further detail to how the claim set achieves such an improvement. MPEP 2106.05(a) recites “If it is asserted that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes, a technical explanation as to how to implement the invention should be present in the specification. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement.” After the examiner has consulted the specification and determined that the disclosed invention improves technology, the claim must be evaluated to ensure the claim itself reflects the disclosed improvement in technology. Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1316, 120 USPQ2d 1353, 1359 (patent owner argued that the claimed email filtering system improved technology by shrinking the protection gap and mooting the volume problem, but the court disagreed because the claims themselves did not have any limitations that addressed these issues). That is, the claim must include the components or steps of the invention that provide the improvement described in the specification. Examiner notes neither specification nor claims recite how the improvement/processor efficiency is achieved. The instant claims are directed to an abstract idea, and does not integrate the abstract idea into a practical application. The additional elements recited in the instant claims are only to generic computing components that implement the abstract idea on a computing environment. As such, it can be interpreted that the instant claims only make the abstract idea more efficient, and there are not actual changes/improvements to any computing components. Furthermore, the system is not a specialized computing device as it merely uses generic computing components that execute instructions to perform the abstract idea. Such a device may be programmed to perform any abstract idea, and is not a particular device.
35U.S.C 103 rejection is withdrawn in view of amendments and remarks (pages 12-13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fei (US 11,120465) discloses an omni-channel coupon system may link electronic coupons across several couponing channels by storing the electronic coupons in association with a user profile or loyalty account. A user may clip electronic coupons from several couponing channels, such as a mobile application, retail web page, social networking web page, email, short message service (SMS) message, a physical coupon, a manufacturer/third-party web page or other affiliated web page, a manufacturer/third-party application, etc. Each clipped electronic coupon may be stored with a user profile for the user. When the user purchases products or items at an online or retail store, the electronic coupons may be retrieved from the user profile and redeemed.
Balasubramaniam (US 2021/0097567A1) discloses system includes a coupon offering server. The coupon offering server includes a shopping container image processor configured to detect a pre-purchase item in shopping container image data. The shopping container image processor includes an object detector module and a barcode detector module. The object detector module is configured to generate first detected item data, wherein the first detected item data includes an item detected in the shopping container image data using an object detection technique.
Sarin (US 10,657,552) discloses a system that identifies whether an object is within close proximity to a touch screen of a user device using one or more sensors. The system may optimize incentives based on what is being displayed on the user device when the system identifies the object.
KR20210025193A1 discloses store management system using a mobile application virtualization technology and a beacon, which enables a user to use a desired service by switching one application to a dedicated application for each store.
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 SANGEETA BAHL whose telephone number is (571)270-7779. The examiner can normally be reached 7:30 - 4PM.
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/SANGEETA BAHL/Primary Examiner, Art Unit 3626
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