DETAILED ACTION
Status of the Application
In response filed on February 20, 2026, the Applicant amended claims 1 and 11. Claims 6 and 9 were previously cancelled. Claims 15-20 were previously withdrawn from consideration. Claims 1-5, 7, 8 and 10-14 are pending and currently under consideration for patentability.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments and Arguments
v Applicant has amended the claims to correct informalities identified in the previous action. These objections have been withdrawn accordingly.
v With respect to the rejection of claims 1-5, 7, 8 and 10-14 under 35 U.S.C. §112 (a), Applicant has appropriately amended the claims. The rejections of claims 1-5, 7, 8 and 10-14 under 35 U.S.C. §112 (a) have been withdrawn.
v With respect to the rejection of claims 1-5, 7, 8 and 10-14 under 35 U.S.C. §112 (b), Applicant has appropriately amended the claims. The claims have been amended such that they no longer recite that which was identified as being indefinite. These rejections of claims 1-5, 7, 8 and 10-14 under 35 U.S.C. §112 (b) have been withdrawn.
v Applicant’s arguments, with respect to the rejection of amended claims 1 and 11 (as well as each of the dependent claims) under 35 U.S.C. §103 have been considered, but are not persuasive. Applicant argues that “Without conceding the correctness of the rejection, independent claim 1, as amended, recites: implementing geofencing for in-store notifications; and based on proximity confines to a retail store, providing the digital payload to a publishing server. The cited portions and proposed combination of the applied references are not understood to disclose or teach each and every feature of independent claims 1 and 11, particularly with respect to at least the features of/in which "implementing geofencing for in-store notifications". The Office Action contends Singh teaches "providing a digital payload to a publishing server." Applicant respectfully disagree. Reference Singh discloses "providing a digital payload", however, does not teach implementing geofencing for in-store notifications.” Examiner respectfully disagrees. Singh explicitly discloses this feature ([0025] “Embodiments as disclosed herein…some embodiments may include…geofencing for pushing location based notifications (e.g., within the store)…”, [0045] “Dynamic creative rendering server 340 pushes…In some embodiments, including geofencing for in-store notifications, dynamic creative rendering server 340 pushes the dynamic ".j son" or " .xml" play list content when it is determined that the mobile device is within the confines of a retail store subscribed to system 300, wherein CPGs identified with UPCs handled by MDF engine 310 are sold”, [0063] “Step 712 includes processing the structured advertisement content and pushing the playlist including the structured advertisement content into the mobile device browser or mobile application on the mobile device. In some embodiments, step 712 may include determining that the mobile device is within the confines of a retail store subscribed to system 300, wherein CPGs identified with UPCs handled by the MFD engine are sold”). Examiner notes that, due to the removal of certain claim limitations, the rejections of the independent claims are now under 35 U.S.C. §102(a)(1).
Claim Interpretation
Claims 1 and 11 each recite “selecting a digital payload comprising a sponsored advertisement and…a targeted advertisement for a branded product”. Examiner is interpreting a targeted advertisement and a sponsored advertisement to potentially be the same thing (i.e., a targeted advertisement may also be a sponsored advertisement).
Claims 1 and 11 each recite “based on proximity confines to a retail store…”. Examiner understand “proximity confines” to/around a store to be the same thing as a geofence around the store, despite the difference in terminology.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
v Claims 1, 2, 4, 7, 10-12, and 14 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Singh et al. (U.S. PG Pub No. 2018/0336597, November 22, 2018 - hereinafter "Singh”)
With respect to claims 1 and 11, Singh teaches a computer-implemented method and a system, comprising;
a memory storing multiple instructions; and (Figs 1 and 8 and [0066]-[0076])
one or more processors configured to execute the instructions and cause the system to perform operations, comprising to: (Figs 1 and 8 and [0066]-[0076])
select a digital payload comprising a sponsored advertisement ([0040]-[0041] & [0048]-[0049] & [0051] & [0064] the digital payload may comprise certain spaces/slots with sponsored ads based on bids from retailers/manufacturers)
and a targeted advertisement for a branded product; ([0025]-[0028] “real-time, personalized advertisement…selecting a limited amount of highly targeted…advertisement items…special offers and discounts…coupons…’my favorite deals’…ad offer content…in-store redeemable coupons…purchasing history…offer associated with one or more particular retailers…predictive model to score a periodic deal offer content…sourced by grocery retailers…predicting circular advertisement item performance and modeling shipper behavior to predict likelihood of purchasing items…”, [0031]-[0035] “advertisement payload …payload may include multiple digital promotions or coupons… integrates advertisement payload based on information…purchase history…select advertisement payload targeted to the specific preferences of a consumer…coupons and offers for multiple products on sale”, [0037] “score and rank the most relevant offers for an individual shopper from a pool of available COG content using historical consumer item level in-store purchase data…”, [0048] branded products, see also [0044]-[0045] & [0056] & [0062]-[0065])
select a slot for the sponsored advertisement within the digital payload; ([0025] & [0031] & [0036] & [0045] & [0048] & [0045] & [0056] “selecting a limited amount of highly targeted data”…“advertisement payload…include multiple digital promotions or coupons”…“a playlist of personalized MFDs”…“playlist may include a list of limited advertisement items (e.g., ads, coupons…that may be rendered within a Dynamic Creative ad-unit invoked and displayed on a mobile device”…“portion of display for advertisement space”…“playlist may include a list of limited advertisement items”…“carousel with a few images displaying the targeted offers” – therefore the digital payload comprises a limited number of advertisements/promotion spaces in which advertisement items are necessarily selected for display, [0040]-[0041] & [0048]-[0049] & [0051] & [0064] a slot is selected for each advertisement item (e.g., ad items that are selected based on bids or “sponsored advertisements”) within the digital payload/carousel because these items are rendered in slots, see also Fig 4)
training a neural network to determine the targeted advertisement based on consumer behavior, ad contextual parameters, and historical ad exposure to consumer purchase item performance ([0027] “combine a predictive model to score a periodic deal offer content to a user (e.g., daily or weekly retailer circular) with basic category interest data for online offers…may include in-store shopping data for multiple users, available in a database through a network…scoring circular advertisement item content…predicting circular advertisement item performance and modeling shopper behavior to predict likelihood of purchasing items in the retailer circular, for example by using machine learning algorithms, or appropriately trained neural networks” – therefore a neural network is trained to score the targeted advertisement(s) (which is used to determine the targeted advertisement) using consumer behavior and ad contextual parameters (e.g., category) and historical ad exposure to consumer purchase item performance (as is required to train for purchase probability) , [0033]-[0035] “integrates advertisement payload 225 based on information retrieved from a frequent shopper identification database 254 and a history log database 256. History log database 256 includes the purchase history of multiple consumers listed in frequent shopper identification database 254…an algorithm 244 stores commands which, when executed by processor 236, cause server 130 to integrate advertisement payload 225. Algorithm 244 may include a neural network (NN) trained over frequent shopper identification database 254 and history log database 256, to select advertisement payload 225 targeted to the specific preferences of a consumer when the consumer uses application 222 in client device 110 to access a network site hosted by server 130 (e.g., an SSP server)…advertisement database 252 integrates advertisement payloads including coupons and offers for multiple products on sale by a retailer having one or more stores. A frequent shopper identification database 254 may include a list of frequent consumers of the retailer….the DSP server may have access to one or more advertisement databases 252, to one or more frequent shopper identification databases 254, and to one or more history log databases 256 through business agreements with one or more retailers. In certain aspects, processor 236 in a server 130 hosted by a retailer is configured to determine data for history log database 256 by obtaining consumer purchasing data identifying the consumer via the frequent shopper identification used at multiple purchasing events in multiple locations, over a pre-selected span of time. In some embodiments, history log database 256 includes online purchasing history for the consumer through application 222 or a network browser.”, see also [0037])
provide the targeted advertisement for the branded product in a second slot within the digital payload; and ([0025] & [0031] & [0036] & [0045] & [0048] & [0045] & [0056] “selecting a limited amount of highly targeted data”…“advertisement payload…include multiple digital promotions or coupons”…“a playlist of personalized MFDs”…“playlist may include a list of limited advertisement items (e.g., ads, coupons…that may be rendered within a Dynamic Creative ad-unit invoked and displayed on a mobile device”…“portion of display for advertisement space”…“playlist may include a list of limited advertisement items”…“carousel with a few images displaying the targeted offers” – therefore the digital payload comprises a limited number of advertisements/promotion spaces in which advertisement items are necessarily selected for display, [0037] “score and rank the most relevant offers for an individual shopper from a pool of available COG content using historical consumer item level in-store purchase data…” & [0044]-[0045] & [0056] & [0062]-[0065] – slots are selected for each advertisement item (e.g., ad/coupon items that are selected based on predicted probability of purchase based on the user’s purchase history and other preferences or the “targeted advertisement, coupon or the discount for the branded product” within the digital payload/carousel because these items are rendered in slots, see also Fig 4)
generating an interactive carrousel including the sponsored advertisement in a selected slot of the interactive carrousel ([0056] “carousel with a few images displaying the targeted offers”, [0063]-[0064] & Fig 4, [0031] “cause an advertisement payload from server to be displayed for the consumer…payload may include multiple digital promotions or coupons”, [0036] “provide a playlist of personalized MFDs to the user of the mobile device…”, [0039]-[0041] “deliver the ad-payload to publisher website or mobile publisher application…”, see also [0045] & [0048] & [0056])
implementing geofencing for in-store notifications ([0025] “Embodiments as disclosed herein…some embodiments may include…geofencing for pushing location based notifications (e.g., within the store)…”, [0045] “Dynamic creative rendering server 340 pushes…In some embodiments, including geofencing for in-store notifications, dynamic creative rendering server 340 pushes the dynamic ".j son" or " .xml" play list content when it is determined that the mobile device is within the confines of a retail store subscribed to system 300, wherein CPGs identified with UPCs handled by MDF engine 310 are sold”, [0063] “Step 712 includes processing the structured advertisement content and pushing the playlist including the structured advertisement content into the mobile device browser or mobile application on the mobile device. In some embodiments, step 712 may include determining that the mobile device is within the confines of a retail store subscribed to system 300, wherein CPGs identified with UPCs handled by the MFD engine are sold”)
based on proximity confines to a retail store, provide the digital payload to a publishing server for insertion in a media content associated with the retail store that is delivered to a client device with a consumer (([0025] “Embodiments as disclosed herein…some embodiments may include…geofencing for pushing location based notifications (e.g., within the store)…”, [0045] “Dynamic creative rendering server 340 pushes…In some embodiments, including geofencing for in-store notifications, dynamic creative rendering server 340 pushes the dynamic ".j son" or " .xml" play list content when it is determined that the mobile device is within the confines of a retail store subscribed to system 300, wherein CPGs identified with UPCs handled by MDF engine 310 are sold”, [0063] “Step 712 includes processing the structured advertisement content and pushing the playlist including the structured advertisement content into the mobile device browser or mobile application on the mobile device. In some embodiments, step 712 may include determining that the mobile device is within the confines of a retail store subscribed to system 300, wherein CPGs identified with UPCs handled by the MFD engine are sold”, [0031] “cause an advertisement payload from server to be displayed for the consumer…payload may include multiple digital promotions or coupons”, [0036] “provide a playlist of personalized MFDs to the user of the mobile device…”, [0039]-[0041] “deliver the ad-payload to publisher website or mobile publisher application…”, see [0048] & [0056])
wherein providing the digital payload to a publishing server comprises including a plugin in the digital payload for the client device with the consumer to access a retail media network of a retailer associated with the sponsored advertisement ([0049] “plugin for the consumer handling device to access an application or website hosted by retailer…directed to the retailer website or application…”, [0065] “providing, in the playlist, a plugin…for the user of the mobile device to execute a wallet application”)
With respect to claims 2 and 12, Singh teaches the method of claim 1 and the system of claim 11;
wherein selecting a digital payload comprises selecting the sponsored advertisement from a list provided to a server by a retailer pushing multiple products in an advertising campaign ([0025]-[0028] “…offers associated with one or more particular retailers…predictive model to score a periodic deal offer content…scoring circular advertisement item content (e.g., temporary price reductions) sourced by grocery retailers…predicting circular advertisement item performance…” – therefore the selecting a digital payload comprises selecting the sponsored advertisement from a list provided to a server by a retailer pushing multiple products in an advertising campaign, [0044] “pool of content”, [0044], [0048], [0056])
With respect to claims 4 and 14, Singh teaches the method of claim 1 and the system of claim 11;
wherein selecting a digital payload comprises selecting the sponsored advertisement and the targeted advertisement, the coupon or the discount associated with a product for sale at a retailer, based on a request from the retailer received in a network server ([0039]-[0044] “receive a request…bids received from one or more vendors…dynamic creative rendering server…”, [0052]-[0054], [0026])
With respect to claim 7, Singh teaches the method of claim 1;
wherein providing the targeted advertisement comprises selecting the targeted advertisement based on a purchasing history of the consumer with a retailer ([0025]-[0028] “real-time, personalized advertisement…selecting a limited amount of highly targeted…advertisement items…special offers and discounts…coupons…’my favorite deals’…ad offer content…in-store redeemable coupons…purchasing history…predictive model to score a periodic deal offer content…sourced by grocery retailers…predicting circular advertisement item performance and modeling shipper behavior to predict likelihood of purchasing items…”, [0031]-[0033] “… integrates advertisement payload based on information…purchase history…select advertisement payload targeted to the specific preferences of a consumer…”, [0037] “score and rank the most relevant offers for an individual shopper from a pool of available COG content using historical consumer item level in-store purchase data…”, [0062])
With respect to claim 10, Singh teaches the method of claim 1;
wherein providing the digital payload to a publishing server comprises including a plugin in the digital payload, the plugin configured to request the consumer to install an application hosted by a retail media network in the client device ([0049] “plugin for the consumer handling device to install the retailer application…or to launch the retailer application…”, [0065] “providing, in the playlist, a plugin to install an application”)
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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
v Claims 3, 5, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Singh et al. (U.S. PG Pub No. 2018/0336597, November 22, 2018 - hereinafter "Singh”) in view of Wolinsky et al. (U.S. PG Pub No. 2015/0112790, April 23, 2015 - hereinafter "Wolinsky”)
With respect to claims 3 and 13, Singh teaches the method of claim 1 and the system of claim 11. Singh does not appear to disclose,
wherein selecting a digital payload comprises identifying, from a list of multiple advertisement items provided by multiple retailers, one or more advertisement items from one of the retailers, based on a selected time window of a campaign associated with the advertisement items
However, Wolinsky discloses
wherein selecting a digital payload comprises identifying, from a list of multiple advertisement items provided by multiple retailers, one or more advertisement items from one of the retailers, based on a selected time window of a campaign associated with the advertisement items (Fig 28 & [0207] “campaign…budget on a per-day or other time period…schedule section may enable a user to establish a start and end-date for the ad campaign”, [0212] “limit the ad to be distributed….time limit, date limit, number of deals…”)
Wolinsky suggests it is advantageous to include wherein selecting a digital payload comprises identifying, from a list of multiple advertisement items provided by multiple retailers, one or more advertisement items from one of the retailers, based on a selected time window of a campaign associated with the advertisement items, because doing so can provide retailers with control over the distribution of their advertisements items using time-windows which can help control budget expenditure and/or quantity of deals/discounts provided to consumers (Fig 28 & [0207] & [0212]).
Therefore, 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 method and system of Singh to include wherein selecting a digital payload comprises identifying, from a list of multiple advertisement items provided by multiple retailers, one or more advertisement items from one of the retailers, based on a selected time window of a campaign associated with the advertisement items, as taught by Wolinsky, because doing so can provide retailers with control over the distribution of their advertisements items using time-windows which can help control budget expenditure and/or quantity of deals/discounts provided to consumers2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment.
With respect to claim 5, Singh teaches the method of claim 1. Singh does not appear to disclose,
wherein selecting a slot for the sponsored advertisement comprises selecting one of a high priority slot or a low priority slot based on a budget provided by a retailer for a product associated with the sponsored advertisement
However, Wolinsky discloses
wherein selecting a slot for the sponsored advertisement comprises selecting one of a high priority slot or a low priority slot based on a budget provided by a retailer for a product associated with the sponsored advertisement (Fig 28 & Fig 34 & [0082]-[0085] & [0207] priority of the ad slot for the sponsored advertisement within the listing of deals/products in the shopping ad are based on a budget provided by a retailer (e.g., daily budget and/or associated bid values) such that high priority slots are selected for large budgets and low priority slots are selected for low budgets consistent with Applicants own disclosure)
Wolinsky suggests it is advantageous to include wherein selecting a slot for the sponsored advertisement comprises selecting one of a high priority slot or a low priority slot based on a budget provided by a retailer for a product associated with the sponsored advertisement, because doing so can provide retailers with control over the distribution of their advertisement items in terms of their visibility while also controlling their budget expenditure (Fig 28 & Fig 34 & [0082]-[0085] & [0207]).
Therefore, 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 method of Singh to include wherein selecting a slot for the sponsored advertisement comprises selecting one of a high priority slot or a low priority slot based on a budget provided by a retailer for a product associated with the sponsored advertisement, as taught by Wolinsky, because doing so can provide retailers with control over the distribution of their advertisements items in terms of their visibility while also controlling their budget expenditure.
v Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Singh et al. (U.S. PG Pub No. 2018/0336597, November 22, 2018 - hereinafter "Singh”) in view of Min et al. (U.S. Patent No. 10,558,506, February 11, 2020 - hereinafter "Min”)
With respect to claim 8, Singh teaches the method of claim 1. Singh does not appear to disclose,
wherein providing the digital payload comprises providing a button in the digital payload that communicates the client device for the consumer with a retail media network to purchase a selected product in the digital payload
However, Min discloses
wherein providing the digital payload comprises providing a button in the digital payload that communicates the client device for the consumer with a retail media network to purchase a selected product in the digital payload (Fig 1C “buy now” and 7:19-63 “buy now button…click on or otherwise interact with a user interface element…button that reads ‘buy now’…to initiate the purchase of the product…transmit this request to initiate the purchase to external front end system”)
Min suggests it is advantageous to include wherein providing the digital payload comprises providing a button in the digital payload that communicates the client device for the consumer with a retail media network to purchase a selected product in the digital payload, because doing so can provide a quick and convenient mechanism for the consumer to acquire an advertised product directly via interaction with the mobile device/app (Fig 1C and 7:19-63]).
Therefore, 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 method of Singh to include wherein providing the digital payload comprises providing a button in the digital payload that communicates the client device for the consumer with a retail media network to purchase a selected product in the digital payload, as taught by Min, because doing so can provide a quick and convenient mechanism for the consumer to acquire an advertised product directly via interaction with the mobile device/app.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Crum (U.S. PG Pub No. 2013/0185150 July 18, 2013) teaches a mobile shipping app that generates and displays a curated digital payload/carousel of advertisements/coupons.
Shimora (U.S. PG Pub No. 2014/0257970) teaches displaying ad slot/icons and explains that a size of the ad/icon when displayed in proportion to the size of the screen in which the ad/icon is displays is correlated with an expected click rate of the ad/icon
Connolly et al. (U.S. PG Pub No. 2016/0055532 February 25, 2016 - hereinafter "Connolly”) discloses wherein a graphical display of the carrousel provides icons with a proportional size correlated an anticipated customer interaction
“The Beginnings Of A Usable Mobile Wallet: Target Brings Mobile Coupons To Apple’s Passbook” (Perez, Sarah; Published September 20, 2012 at https://techcrunch.com/2012/09/20/the-beginnings-of-a-usable-mobile-wallet-target-brings-mobile-coupons-to-apples-passbook/ ) teaches a mobile shopping app with targeted coupons
Conclusion
No claim is allowed
THIS ACTION IS MADE FINAL. 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 extension fee 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 JAMES M DETWEILER whose telephone number is (571)272-4704. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached at telephone number (571)-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621
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