Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/15/2025 has been entered.
This is Non-Final office action in response to the RCE filed. Claim 1 has been amended. Claims 2, 3, and 5 are cancelled. Therefore, claims 1, 4, and 6-18 are pending and addressed below.
Examiner notes that according to Rule 1.121, “(2) When claim text with markings is required. All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of "currently amended," and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived.” The claims filed on 5/20/2025 in a Response After Final Action were not entered by Examiner. As such, the limitations “wherein the one or more servers further comprise facial recognition software configured to identify faces within the received visual data; wherein the facial recognition software is further configured to match identified faces with user profiles stored in the one or more databases, said profiles containing on line data including but not limited to social media activity and publicly indicated preferences; wherein the system comprises one or more projector devices, and wherein the one or more servers are configured, in addition to transmitting the matched advertisements, to cause the one or more projector devices to project one or more predefined directional symbols onto a surface of the first location to direct the identified user to an advertised product based on the online data” should have been underlined to indicate that these amendments were new amendments.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, and 6-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, “to direct the identified user to an advertised product”. There is insufficient antecedent basis for the underlined portion. Therefore, claim 1 is indefinite. For purpose of examination, this limitation will be interpreted as “to direct an identified user to an advertised product”. Examiner suggests amending as such.
Claim 1 recites “wherein the advertised product is selected based on the online data of the matched user profile”. It is unclear to which “the matched user profile” this limitation is referring since a previous limitation of claim 1 recites “the matched user profiles” interpreted as more than one matched user profile. Therefore, claim 1 is indefinite. For purpose of examination, this limitation will be interpreted as “wherein the advertised product is selected based on the online data of one of the matched user profiles”. Examiner suggests amending as such.
Claims 4 and 6-18 are also rejected because of their dependencies on claim 1.
Claim 7 recites, “to share at least a portion of the data for an identified user profile”. There is insufficient antecedent basis for the underlined portion. Therefore, claim 7 is indefinite. For purpose of examination, this limitation will be interpreted as “to share at least a portion of data for an identified user profile”. Examiner suggests amending as such.
Claim 10 recites, “determined by the advertiser”. There is insufficient antecedent basis for the underlined portion. Therefore, claim 10 is indefinite. For purpose of examination, this limitation will be interpreted as “determined by an advertiser”.. Examiner suggests amending as such.
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.
Claims 1, 4, 6-8, 11, 14, 15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 2017/0337602), in view of Leake (US 2020/0279238).
Regarding claim 1, Davis teaches
A system for targeted advertising in public spaces, comprising ([0076] "For instance, using facial recognition to identify a customer, the customer recognition system 101 and/or the merchant system 104 can push an advertisement to the customer's client device ( or a display such as a LCD monitor facing the customer) providing an advertisement for the secured product or nearby products."):
one or more camera devices positioned in a first location, configured to capture visual data ([0044] "As further shown in FIG. 2, the merchant system 104 can capture an image of the customer viewing a secured product 204. For example, the merchant system 104 can include a networked digital camera proximate to or within a secured product display that captures an image of a customer when a customer is positioned in a location to view a secured product within the secured product display. In some embodiments, the merchant system 104 captures an image of the customer in response to the customer selecting an option, such as a pressing an access request button or providing a verbal command to access the product. The captured image can be a video feed or a digital photo, in any event, however, the captured image portrays the customer.");
one or more display devices situated in the same first location, configured to display
audiovisual content ([0076] "( or a display such as a LCD monitor facing the customer) providing an advertisement [audiovisual content] for the secured product or nearby products." [0152] "In some embodiments, an advertisement may be text (which may be HTML-linked), one or more images (which may be HTML-linked), one or more videos, audio");
one or more databases configured to store a plurality of advertisements and user
profiles (Fig. 4 #410 "User Profile Database", #412 "Merchant database" [database configured to store advertisements]);
one or more servers communicatively coupled to said one or more camera devices and said one or more display devices ([0076] "Identifying a customer using one or more of the above processes and methods, the customer recognition system 101 can provide additional benefits to the merchant and customer. For example, upon matching a customer to user profile information, the customer recognition system 101 can provide advertisements tailored personally to the customer. For instance, using facial recognition to identify a customer, the customer recognition system 101 and/or the merchant system 104 can push an advertisement to the customer's client device ( or a display such as a LCD monitor [display device] facing the customer) providing an advertisement for the secured product or nearby products. To illustrate, the customer recognition system 101 identifies a customer, who is in front of facial razors, and determines that the customer is trusted. In addition, to granting the customer access to the razors, the customer recognition system 101 can also provide a coupon to the customer's client device for the razors." [044] "the merchant system 104 can include a networked digital camera proximate to or within a secured product display that captures an image of a customer when a customer is positioned in a location to view a secured product within the secured product display."),
said servers comprising a neural network model configured to ([0081] "In some embodiments, the customer recognition system 101 [server] uses machine learning where each group of images is a training set of images that allow a neural network to match the facial expression features of the customer to a group of images associated with a facial expression type."):
receive the visual data from the one or more camera devices; identify in real-time one or more objects within the received visual data based on pre-defined criteria ([0082] "In one or more embodiments, the customer recognition system 101 can analyze a sequence of images portraying the customer where the merchant system 104 captures the sequence of images within a defined time period (e.g., three seconds to ten seconds). For instance, by analyzing a sequence of images captured over a time period the customer recognition system 101 can avoid inaccurately determining a facial expression type [predefined criteria] based on a customer's random facial expression in a single image." See also [0047].);
match the identified one or more objects with corresponding advertisements
stored in the one or more databases; and transmit the matched advertisements to the one or more display devices for playback ([0140] "An advertisement-pricing module may combine social information, the current time, location information, or other suitable information to provide relevant advertisements, in the form of notifications, to a user." [0076] "For example, upon matching a customer to user profile information, the customer recognition system 101 can provide advertisements tailored personally to the customer. For instance, using facial recognition to identify a customer, the customer recognition system 101 and/or the merchant system 104 can push an advertisement to the customer's client device ( or a display such as a LCD monitor facing the customer) providing an advertisement for the secured product or nearby products.");
wherein the neural network model is trained to recognize and identify different
visual objects ([0081] "In some embodiments, the customer recognition system 101 uses machine learning where each group of images is a training set of images that allow a neural network to match the facial expression features of the customer [visual objects] to a group of images associated with a facial expression type.")
associated with the plurality of advertisements ([0076] "For example, upon matching a customer to user profile information, the customer recognition system 101 can provide advertisements tailored personally to the customer." See also [0100].)
stored in the one or more databases ([0110]"The merchant database 412 can include merchant and transaction data. For instance, the merchant database 412 includes product data [advertisements], transaction data, theft data, customer data, etc." See also [0100].); and
wherein the one or more display devices immediately display the transmitted
matched advertisements to provide real-time targeted advertising in the first location based on context determined from the visual data observed in the first location ([0076] "Identifying a customer using one or more of the above processes and methods, the customer recognition system 101 can provide additional benefits to the merchant and customer. For example, upon matching a customer to user profile information, the customer recognition system 101 can provide advertisements tailored personally to the customer. For instance, using facial recognition to identify a customer, the customer recognition system 101 and/or the merchant system 104 can push an advertisement to the customer's client device ( or a display such as a LCD monitor [display device] facing the customer) providing an advertisement for the secured product or nearby products. To illustrate, the customer recognition system 101 identifies a customer, who is in front of facial razors, and determines that the customer is trusted. In addition, to granting the customer access to the razors, the customer recognition system 101 can also provide a coupon to the customer's client device for the razors.");
wherein the one or more servers further comprise facial recognition software
configured to identify faces within the received visual data; wherein the facial recognition software is further configured to match identified faces with user profiles stored in the one or more databases ([0058] "In some embodiments, the customer recognition system 101 can use machine learning and/or a neural network to identify a match. For example, the customer recognition system 101 employs a neural network (using feature vector matching or other techniques) to determine whether the face of the customer within the image provided by the merchant matches ( e.g., above a threshold confidence level) an image of a face associated with a user profile. The customer recognition system 101 can also use other facial recognition techniques and algorithms (e.g., principal component analysis, multi-linear subspace learning, neuronal motivated dynamic link matching, using Eigen faces, linear discriminate analysis, elastic bunch graph matching) to identify a match."),
said profiles containing on line data including ([0064] "In some embodiments, the customer recognition system 101 determines a trust level based on social networking activity data [online data]. For example, the customer recognition system 101 can analyze a customer's social networking activity to identify user behavior that indicates trust. The social networking information can also include the number of followers or "friends" of the customer, characteristics of "friends" of customer, characteristics of followers of the customer, the types of characteristics of user groups, and other social networking information that may indicate a level of trust or confidence in a customer.") but not limited to social media activity ([0096] In another instance, the customer recognition system 101 can inform a merchant that a customer has been researching products online [not limited to social media activity] similar to the product associated with the customer need.")
and publicly indicated preferences ([0109] "The user profile database 410 includes user profile information as described herein. For example, the user profile database 410 can store user profile information as described herein. In addition, the components 402-408 of the customer recognition system 101 can use information in the user profile database 410 to identify a customer, customer preferences, and/or product preferences. Further, the user database 410 can include social networking information, as described below in connection with the social networking system described below." See also [0030] and [0130].);
wherein the neural network model is configured to ([0058] "In some embodiments, the customer recognition system 101 can use machine learning and/or a neural network to identify a match. For example, the customer recognition system 101 employs a neural network (using feature vector matching or other techniques) to determine whether the face of the customer within the image provided by the merchant matches ( e.g., above a threshold confidence level) an image of a face associated with a user profile. The customer recognition system 101 can also use other facial recognition techniques and algorithms (e.g., principal component analysis, multi-linear subspace learning, neuronal motivated dynamic link matching, using Eigen faces, linear discriminate analysis, elastic bunch graph matching)
analyze the online data associated with the matched user profiles to select advertisements for display based on both the identified objects and the online data of the match user profiles ([0109] "The user profile database 410 includes user profile information as described herein. For example, the user profile database 410 can store user profile information as described herein. In addition, the components 402-408 of the customer recognition system 101 can use information in the user profile database 410 to identify a customer, customer preferences, and/or product preferences. Further, the user database 410 can include social networking information [online data], as described below in connection with the social networking system described below." See also [0034].);
wherein the one or more servers are configured, in addition to transmitting the matched advertisements ([0098] "In one or more embodiments, the customer recognition system 101 can push notifications directly to a customer to help the customer find a product. For instance, if a customer is standing in front of the cold medicine display with a confused look, the customer recognition system 101, can access user profile information to determine that the customer prefers a particular brand of cold medicine, and in response, notify the customer via the client device 106 of the location of the particular brand of cold medicine." See also [0100].),
wherein the advertised product is selected based on the online data of the matched user profile ([0098] "In one or more embodiments, the customer recognition system 101 can push notifications directly to a customer to help the customer find a product. For instance, if a customer is standing in front of the cold medicine display with a confused look, the customer recognition system 101, can access user profile information to determine that the customer prefers a particular brand of cold medicine, and in response, notify the customer via the client device 106 of the location of the particular brand of cold medicine." See also [0100].).
Davis notifies the customer of the location of a particular product based on the user profile of the identified customer in [0098] but not specifically
wherein the system comprises one or more projector devices, and wherein the one or more servers are configured, in addition to transmitting the matched advertisements, to cause the one or more projector devices to project one or more predefined directional symbols onto a surface of the first location to direct the identified user to an advertised product, wherein the advertised product is selected based on the online data of the matched user profile.
However, Leake teaches
wherein the system comprises one or more projector devices ([0023] "The control unit 202 may also control the projector 208 to project information, such as directions, sale items, notifications, etc. on the floor or a wall of the store building 140."), and wherein the one or more servers are configured, in addition to transmitting the matched advertisements, to cause the one or more projector devices to project one or more predefined directional symbols onto a surface of the first location to direct the identified user to an advertised product, wherein the advertised product is selected based on the online data of the matched user profile ([0052] In some example embodiments, the lighting fixtures 402-406 may project direction indicators ( e.g., arrows), advertisement, etc. on the floor of the store building 434 in a similar manner as described with respect to the systems 100, 300. For example, the control unit 202 each lighting fixture 402-406 may control the respective projector 208 to project information, such as directions, sale items, notifications, etc. on the floor or a wall of the store building 140. For example, one or more of the lighting fixtures 402-406 may project an arrow on the floor to point to area where the customer 430 can find an item in a shopping list [advertisement] captured by a respective external camera." See also [0028].).
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 how the advertisements are presented of Davis by adding wherein the system comprises one or more projector devices, and wherein the one or more servers are configured, in addition to transmitting the matched advertisements, to cause the one or more projector devices to project one or more predefined directional symbols onto a surface of the first location to direct the identified user to an advertised product, wherein the advertised product is selected based on the online data of the matched user profile, as taught by Leake, since Davis already notifies the customer of the location of a particular product based on the user profile of the identified customer, and in order to point in a direction of an area where the customer can find the advertised items (Leake, [0041]).
Regarding claim 4, Davis teaches
The system of Claim 1, wherein the neural network model is further configured to ([0058])
analyze the online data associated with the identified faces to refine a selection of advertisements for display ([0034] "In one or more embodiments, the customer recognition system 101 can be implemented as part of, or operate in cooperation with, a social networking system. For example, in one or more embodiments, the customer recognition system 101 accesses, uses, and analyzes information stored within a social networking system to provide one or more features described herein. For example, the customer recognition system 101 can access social networking information, or a social networking system can provide customer recognition system 101 with social networking information, such as, for example, user profile information (e.g., customer profile data), concept profile data, product information, social graph information, and/or other data within a social networking system. Additional detail regarding social networking systems is provided below with reference to FIGS. 8-9." [0140] "party-content objects. An advertisement pricing module may combine social information, the current time, location information, or other suitable information to provide relevant advertisements, in the form of notifications, to a user.").
Regarding claim 6, Davis displays advertisements on a display but not specifically wherein the one or more projector devices are further configured to project the matched advertisements onto a surface of the first location.
However Leake teaches
wherein the one or more projector devices are further configured to project the matched advertisements onto a surface of the first location ([0052] In some example embodiments, the lighting fixtures 402-406 may project direction indicators ( e.g., arrows), advertisement, etc. on the floor of the store building 434 in a similar manner as described with respect to the systems 100, 300. For example, the control unit 202 each lighting fixture 402-406 may control the respective projector 208 to project information, such as directions, sale items, notifications, etc. on the floor or a wall of the store building 140. For example, one or more of the lighting fixtures 402-406 may project an arrow on the floor to point to area where the customer 430 can find an item in a shopping list [advertisement] captured by a respective external camera." See also [0028].).
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 how the advertisements are presented of Davis by adding wherein the one or more projector devices are further configured to project the matched advertisements onto a surface of the first location, as taught by Leake, in order to point in a direction of an area where the customer can find the advertised items (Leake, [0041]).
Regarding claim 7, Davis teaches
The system of Claim 1, wherein the system further comprises one or more store manager user devices (Fig. 1 # 103, [0030] "The communication environment 100 also includes one or more merchant server device(s) 103 [store manager user devices] that host a merchant system 104."),
and wherein the one or more servers are configured, in addition to transmitting the matched advertisements ([0098] "In one or more embodiments, the customer recognition system 101 can push notifications directly to a customer to help the customer find a product. For instance, if a customer is standing in front of the cold medicine display with a confused look, the customer recognition system 101, can access user profile information to determine that the customer prefers a particular brand of cold medicine, and in response, notify the customer via the client device 106 of the location of the particular brand of cold medicine." See also [0100].),
to share at least a portion of the data for an identified user profile with the one or more store manager user devices ([0085] "Based on identifying that the customer needs assistance and/or further defining the nature of the customer need, the customer recognition system 101 notifies the merchant system 104 of the customer need, as indicated in step 312 of FIG. 3. In one or more embodiments, the customer recognition system 101 sends a notification to the merchant system 104.").
Regarding claim 8, Davis teaches
The system of Claim 7, wherein the at least a portion of the data shared to the one or more store manager user devices comprises at least one or more product suggestions for the identified user profile ([0084] "For instance, a particular camera within the merchant system 104 can be directed at a specific product or group of products, and thus the customer recognition system 101 includes product identification information for the specific products found the view of the camera along with the images. The customer recognition system 101 uses the product identification information [product suggestions] to then determine or more clearly define the customer need." [0085] "Based on identifying that the customer needs assistance and/or further defining the nature of the customer need, the customer recognition system 101 notifies the merchant system 104 of the customer need, as indicated in step 312 of FIG. 3. In one or more embodiments, the customer recognition system 101 sends a notification to the merchant system 104.").
Regarding claim 11, Davis teaches
The system of Claim 1, wherein the one or more servers are configured to operate in one of three modes: object-based targeting, facial recognition with on line data analysis, and a hybrid method combining both ([0076] "Identifying a customer using one or more of the above processes and methods, the customer recognition system 101 can provide additional benefits to the merchant and customer. For example, upon matching a customer to user profile information, the customer recognition system 101 can provide advertisements tailored personally to the customer. For instance, using facial recognition to identify a customer, the customer recognition system 101 and/or the merchant system 104 can push an advertisement to the customer's client device ( or a display such as a LCD monitor facing the customer) providing an advertisement for the secured product or nearby products.").
Regarding claim 14, Davis teaches
The system of Claim 1, wherein the one or more camera devices are configured to transmit video signals to the one or more servers for real-time data processing and analysis ([0044] "As further shown in FIG. 2, the merchant system 104 can capture an image of the customer viewing a secured product 204. For example, the merchant system 104 can include a networked digital camera proximate to or within a secured product display that captures an image of a customer when a customer is positioned in a location to view a secured product within the secured product display. In some embodiments, the merchant system 104 captures an image of the customer in response to the customer selecting an option, such as a pressing an access request button or providing a verbal command to access the product. The captured image can be a video feed or a digital photo, in any event, however, the captured image portrays the customer." [0045] "In step 206, the merchant system 104 provides the image of the customer 206 to the customer recognition system 101.").
Regarding claim 15, Davis teaches
wherein the neural network model is trained using a photo database or a ready-made trained model ([0106] "In addition, and as described in greater detail above, the facial recognition analyzer 404 analyzes images to determine an identity of a customer portrayed in an image or to determine a customer need associated with a facial expression of the customer. For example, the facial recognition analyzer 404 can compare a face from the received image to a constrained search space to match the customer to a user profile. In addition, the recognition analyzer 404 can also identify a facial expression type indicated by the face of the customer portrayed in the image." See also [0058].).
Regarding claim 17, Davis teaches
The system of Claim 1, wherein the one or more display devices are liquid crystal display televisions or monitors situated in shopping centers, shops, or storefronts ([0076] "Identifying a customer using one or more of the above processes and methods, the customer recognition system 101 can provide additional benefits to the merchant and customer. For example, upon matching a customer to user profile information, the customer recognition system 101 can provide advertisements tailored personally to the customer. For instance, using facial recognition to identify a customer, the customer recognition system 101 and/or the merchant system 104 can push an advertisement to the customer's client device ( or a display such as a LCD monitor facing the customer) providing an advertisement for the secured product or nearby products.").
Regarding claim 18, Davis teaches
The system of Claim 1, wherein the one or more servers are configured to transmit the matched advertisements to the one or more display devices for playback in real-time upon object identification ([0076] "Identifying a customer using one or more of the above processes and methods, the customer recognition system 101 can provide additional benefits to the merchant and customer. For example, upon matching a customer to user profile information, the customer recognition system 101 can provide advertisements tailored personally to the customer. For instance, using facial recognition to identify a customer, the customer recognition system 101 and/or the merchant system 104 can push an advertisement to the customer's client device ( or a display such as a LCD monitor facing the customer) providing an advertisement for the secured product or nearby products. To illustrate, the customer recognition system 101 identifies a customer, who is in front of facial razors, and determines that the customer is trusted. In addition, to granting the customer access to the razors, the customer recognition system 101 can also provide a coupon to the customer's client device for the razors.").
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 2017/0337602), in view of Leake (US 2020/0279238), in further view of Sharma (US 7,921,036).
Regarding claim 9, Davis and Leake do not specifically teach
wherein the one or more servers are further configured to create a temporary user profile for recognized persons, said temporary user profile being stored in the one or more databases for a predetermined period.
However, Sharma teaches
wherein the one or more servers are further configured to create a temporary user profile for recognized persons, said temporary user profile being stored in the one or more databases for a predetermined period (Column 15 lines 64-67 "The person DB 112 is a temporary database associated with the media player 150, which stores the latest audience profile for which the media player 150 has to play the content." Since it is a temporary database, it creates a temporary user profile.).
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 how the user profiles are stored of Davis advertisements are presented of Davis by adding wherein the one or more servers are further configured to create a temporary user profile for recognized persons, said temporary user profile being stored in the one or more databases for a predetermined period, as taught by Sharma, in order to store the latest audience profile (Sharma, Column 15 lines 65-66).
Regarding claim 16, Davis and Leake do not specifically teach
wherein the pre-defined criteria for object identification are set by an advertiser.
However, Sharma teaches
wherein the pre-defined criteria for object identification are set by an advertiser (Column 7 lines 31-40, "The media control [advertiser] may employ a fixed set of rules to find an appropriate media content among a pool of available media contents. The same kind of technology that analyzes facial images to estimate the emotional state of the customer can be used to measure the changes in emotional state and attention while the media is being played. This information-media response-may be fed back to the media control module to improve the media customization scheme, so that the effectiveness of the media selection can be improved for the next cycle." See Column 21 lines 4-21.).
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 criteria for object identification of Davis by adding wherein the pre-defined criteria for object identification are set by an advertiser, as taught by Sharma, in order to improve the media customization scheme (Sharma, Column 7 lines 38-39).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 2017/0337602), in view of Leake (US 2020/0279238), in view of Sharma (US 7,921,036), in further view of Ogasawara (P. G. Pub. No. 2002/0016740).
Regarding claim 10, Davis and Leake do not specifically teach
wherein the temporary user profile serves as an identifier for targeted advertising and a duration of storage is determined by the advertiser.
However, Sharma teaches
wherein the temporary user profile serves as an identifier for targeted advertising (Column 15 lines 57-60, "The media player 150 reads the media-independent audience profile from person DB 112, identifies the media selection rule for that segment from the media selection rules 431, and selects the right content from the media pools 111." The temporary user profile that is located in the person DB which is a temporary database is used as an identifier for targeted advertising.).
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 user profile of Davis by adding wherein the temporary user profile serves as an identifier for targeted advertising, as taught by Sharma, in order to store the latest audience profile (Sharma, Column 15 lines 65-66).
Davis, Leake, and Sharma, do not specifically teach
and a duration of storage is determined by the advertiser.
However, Ogasawara teaches
and a duration of storage is determined by the advertiser ([0019] "When a customer carrying a valid customer ID card leaves the establishment, the system according to the invention senses their exit, interrogates the ID card, receives the customer identification number and causes the in-store terminals to delete that customer's record from temporary storage. Thus, only records of customers, carrying a valid customer ID card, that are actually in the establishment, are maintained in temporary storage on each of the in-store terminals. Valuable memory storage space is thus conserved as well as the need for an establishment's staff to maintain an awareness of the presence of the large number of potentially important customers." See also [0067]. Since the temporary storage of profile are deleted after the exit, the advertiser or merchant determines that the profile should be deleted when the user leaves the establishment.).
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 profiles of Davis and Sharma, by adding and a duration of storage is determined by the advertiser, as taught by Ogasawara, so that only records of customers, carrying a valid customer ID card, that are actually in the establishment, are maintained in temporary storage on each of the in-store terminals and in order to conserve valuable memory storage space (Ogasawara, [0019]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 2017/0337602), in view of Leake (US 2020/0279238), in further view of Hayes (US 2012/0054049).
Regarding claim 12, Davis and Leake do not specifically teach
wherein the one or more databases further store analytics data for manufacturers and distributors, enabling tracking of specific objects or brands.
However, Hayes teaches
wherein the one or more databases further store analytics data for manufacturers and distributors, enabling tracking of specific objects or brands ([0018] "The system 100 captures commerce data for each activity at each stage and stores the commerce data in a central database 104. For example, some of the information tracked by the system 100 may include, but is not limited to, some or all of the following: product manufacturer name, product manufacturing dates, product location, product lot or batch numbers, product model numbers." [0019] "The manufacturer 130 uses the first subsystem 106 to track data regarding manufacturing ( e.g., construction, fabrication, assembly, packaging, etc.) of the product 101 at the origin stage "A." The first subsystem 106 includes computer equipment (e.g., a computer 107 and a database 108) connected to a communications network 122. The manufacturer 130 uses the computer 107 to track data regarding its own activities in the database 108. A second subsystem 110 belongs to a supply entity ("distributor") 140. The distributor 140 uses the second subsystem 110 to track data regarding distribution of the product 101 at the supply stage "B".").
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 data stored of Davis and Leake, by adding wherein the one or more databases further store analytics data for manufacturers and distributors, enabling tracking of specific objects or brands, as taught by Hayes, so that manufacturers can directly notify consumers who purchased particular products (Hayes [0015]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 2017/0337602), in view of Leake (US 2020/0279238), in further view of Fujii (P. G. Pub. No. 2015/0222861)
Regarding claim 13, Davis and Leake do not teach
wherein the one or more camera devices and one or more display devices are integrated into a network of partners, said partners comprising entities with built-in camera televisions and entities with additional equipment with cameras.
However, Fujii teaches
wherein the one or more camera devices and one or more display devices are integrated into a network of partners, said partners comprising entities with built-in camera televisions and entities with additional equipment with cameras ([0042] "FIG. 1 is an overall configuration diagram of a monitoring system according to a first exemplary embodiment. This monitoring system is built for a chain of retail stores such as convenience stores, and includes camera (imaging apparatus) 1, recorder (image recording apparatus) 2, PC (monitoring apparatus) 3, monitor (display apparatus) 4, which are provided in a plurality of stores [partners], and PC 11 and monitor 12 which are provided in a head office which generally manages the plurality of stores." See also [0122].).
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 systems of Davis and Leake, by adding wherein the one or more camera devices and one or more display devices are integrated into a network of partners, said partners comprising entities with built-in camera televisions and entities with additional equipment with cameras, as taught by Fujii, so that it is possible to check the situations of the inside of the stores (Fujii [0043]).
Response to Arguments
The 101 rejection has been withdrawn because the additional element of “wherein the system comprises one or more projector devices, and wherein the one or more servers are configured, in addition to transmitting the matched advertisements, to cause the one or more projector devices to project one or more predefined directional symbols onto a surface of the first location to direct the identified user to an advertised product, wherein the advertised product is selected based on the online data of the matched user profile” that is significantly more than the abstract idea.
Applicant’s arguments with regards to the 103 rejection and the Sharma reference are moot since the Sharma reference is no longer used to reject independent claim 1. Examiner has introduced the prior art reference of Davis to teach most of claim 1.
Relevant Prior Art
Peterson (US2018/0260845) discusses detecting the identity of a customer proximate to a brick-and-mortar store and delivering advertisements to the customer as they enter the brick-and-mortar store.
Conclusion
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/MARIE P BRADY/Primary Examiner, Art Unit 3622