DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The following Office Action is responsive to the amendments and remarks received on March 5, 2026.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claims 1-20 do not fall within at least one of the four categories of patent eligible subject matter and the claimed invention is directed to an abstract idea without significantly more.
At step 2A, prong I, independent claim 1 (representative of claims 8 and 15) recites, "A system for managing different types of electronic vendor offers, wherein the electronic vendor offers are associated with electronic cards, the system comprising: a processor; and computer storage memory having computer-executable instructions stored thereon which, when executed by the processor, configure the system to: receive a first indication to activate an electronic card associated with an electronic vendor offer; based on receiving the first indication to activate the electronic card, provide an activated electronic card to a user device, wherein the activated electronic card is accessible after receiving user login credentials; receive a second indication to utilize the activated electronic card; based on receiving the second indication to utilize the activated electronic card, provide at least a portion of the activated electronic card for display at the user device, wherein the portion of the activated electronic card includes one or more criteria for utilizing the activated electronic card; verify that the one or more criteria for utilizing the activated electronic card has been fulfilled; based on verifying that the one or more criteria has been fulfilled, capturing utilization data associated with the electronic vendor offer to generate captured utilization data; based on the captured utilization data, automatically generating a subsequent electronic vendor offer, wherein the subsequent electronic vendor offer is identified based on rules and thresholds associated with the utilization data; and dynamically causing regenerating, at the user device, the subsequent electronic vendor offer and a modified listing of available electronic offers that indicate fulfillment of the electronic vendor offer, wherein the modified listing of available electronic offers is automatically updated in real time based on the captured utilization data.”
At step 2A, prong II, the judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a processor, a computer storage memory, a user device, computer implemented, vendor offer manager, one or more computer readable media, automatically generating, dynamically causing, automatically updating. These additional elements as recited in the independent claims are recited at a high-level of generality (i.e., as a generic device performing a generic computer function) such that it amounts to no more than mere instructions to apply the exception using a computer. Accordingly, these additional elements when considered individually or as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The independent claims are directed to an abstract idea.
At step 2B, the claims 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 of a processor, a computer storage memory, a user device, computer implemented, vendor offer manager, one or more computer readable media, automatically generating, dynamically causing, automatically updating, are generic computing elements performing generic functions. As such, these additional elements individually and in combination are not significantly more than the abstract idea. Therefore, the claims are not patent eligible.
The dependent claims are further ineligible as they further limit the abstract idea identified above. For additional analysis, see previous Office Action.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 8-10, 15, and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst (US 2014/0081724) in view of Mullen (US 2012/0197708).
With reference to claims 1, 8, and 15, Blackhurst teaches A system for managing different types of electronic vendor offers, wherein the electronic vendor offers are associated with electronic cards ([0100] "In some embodiments, determining an offer [managing offer] based on the gift card [electronic card] comprises determining the offer based on determining a transaction determining a transaction that was executed using funds associated with the gift card. Therefore, the system may be configured to determine an offer [managing offers] based on the user having executed a transaction that qualifies to be paid with funds associated with the gift card. The offer (e.g., type of (product or service associated with) offer [type of electronic vendor offers], amount of discount or rebate associated with the offer, merchant [vendor] associated with offer, or the like) may be determined based on at least one of information associated with the transaction or information associated with the gift card." See also [0108].),
the system comprising: a processor; and computer storage memory having computer-executable instructions stored thereon which, when executed by the processor, configure the system to ([0139]):
receive an indication to activate an electronic card associated with an electronic vendor offer ([0056] "Either prior to or during the transaction, the user may activate or deactivate a gift card [receive an indication to activate." [0057] "The gift card may comprise a rebate issued by the merchant. For example, instead of issuing a rebate to an account of the user ( e.g., when the user executes a transaction associated with an offer ), a merchant may issue a gift card [electronic card associated with an electronic vendor offer]to the user's account. The gift card may be an electronic or digital gift card, and may be uploaded to the system described herein.");
based on receiving the indication to activate the electronic card, provide an activated electronic card to a user device, wherein the activated electronic card is accessible after receiving user login credentials ([0073] "When the user authenticates [receiving user login credentials] to the user's account, the user is transported to the user interface presented in FIG. 3. The user interface comprises links to the user's savings/checking account 310 (e.g., general funds) and the user's gift cards 320. When the user selects the gift cards option, the user is transported to the user interface presented in FIG. 4. The user interface enables the user view gift cards 410 or upload a new gift card 420. When the user selects the option to view gift cards 410, the user is transported to the user interface presented in FIG. 5.[0091] "The first option and the second option may be associated with activating and deactivating the gift card. Therefore, when the first option is selected (e.g., on a user's computing device), the gift card is activated.");
receive an indication to utilize the activated electronic card; based on receiving the indication to utilize the activated electronic card ([0086] "Alternatively, the message may enable the user to choose between redeeming the gift card with the merchant or redeeming the gift card with a different third-party entity.").
provide at least a portion of the activated electronic card for display at the user device, wherein the portion of the activated electronic card includes one or more criteria for utilizing the activated electronic card ([0073] "When the user selects the first gift card [utilize the activated card] 510 in FIG. 5, the user is transported to the user interface presented in FIG. 7. FIG. 7 indicates the balance associated with the first gift card. Additionally, the user interface presents the card number 710, the merchant 720 associated with the gift card, and the PIN code 720 associated with the gift card." [The balance and the merchant are both criteria for using the gift card.]);
verify that the one or more criteria for utilizing the activated electronic card has been fulfilled ([0040] "At block 140, the method comprises determining the transaction qualifies for the gift card. At block 150, the method comprises applying funds associated with the gift card to the transaction." [0041] "The system ( e.g., a system associated with the financial institution) is configured to associate funds associated with the gift card with a transaction associated with a merchant that issued the gift card. Therefore, a transaction qualifies for the gift card when the transaction is associated with a merchant that issued the gift card. Additionally, if the gift card is restricted to certain predetermined types of purchases ( e.g., electronics, items over $10, or the like), then the transaction qualifies for the gift card if the transaction matches one of the predetermined types of purchases." [0044] "Applying funds associated with the gift card to the transaction comprises determining whether an amount of the transaction is greater than an amount associated with the gift card. If the amount associated with the transaction is not greater than ( e.g., less than or equal to) the amount associated with the gift card, the funds associated with the gift card are applied to the transaction. Consequently, the gift card balance is reduced [modify the electronic card]." See also [0045].).
Blackhurst fails to teach based on verifying that the one or more criteria has been fulfilled, capturing utilization data associated with the electronic vendor offer to generate captured utilization data; based on the captured utilization data, automatically generating a subsequent electronic vendor offer, wherein the subsequent electronic vendor offer is identified based on rules and thresholds associated with the utilization data; and dynamically causing regenerating, at the user device, the subsequent electronic vendor offer and a modified listing of available electronic offers that indicate fulfillment of the electronic vendor offer, wherein the modified listing of available electronic offers is automatically updated in real time based on the captured utilization data.
Mullen teaches:
based on verifying that the one or more criteria has been fulfilled, capturing utilization data associated with the electronic vendor offer to generate captured utilization data ([0125] For example, a merchant’s point-of-sale system may report to a card issuer that a purchase transaction has completed.);
based on the captured utilization data, automatically generating a subsequent electronic vendor offer, wherein the subsequent electronic vendor offer is identified based on rules and thresholds associated with the utilization data ([0125] An accumulated value of merchant sales tracked by a network entity (e.g., the card issuer) may exceed a threshold dollar amount of sales for that particular merchant. Accordingly, for example, a network entity (e.g., a coupon company) may be alerted to the threshold dollar amount and may generate one or more coupons (e.g., as in step 934) to those cardholders who, for example, contributed to the threshold dollar amount of sales for the participating merchant.); and
dynamically causing regenerating, at the user device, the subsequent electronic vendor offer and a modified listing of available electronic offers that indicate fulfillment of the electronic vendor offer, wherein the modified listing of available electronic offers is automatically updated in real time based on the captured utilization data ([0099] "Accordingly, for example, each time a member utilizes card 500 to purchase goods from the merchant, the merchant's database may be updated with the member's information ( e.g., social network group identification and total number of dollars spent). In response, the merchant may, for example, modify the coupon offer [modify listing of available electronic vendor offers] to reflect the increasing patronage." [0101] "Each member of the social network group, for example, may receive updates as to a status of a coupon currently being offered by the merchant. For example, a member may introduce his or her card to within a communication distance of a merchant terminal ( e.g., an RFID device) to receive an update as to a number of patronizing group members to date ( e.g., member count 512) and/or percentage discount 510 currently being offered by the merchant." See also 0037].).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify system of Blackhurst by adding “based on verifying that the one or more criteria has been fulfilled, capturing utilization data associated with the electronic vendor offer to generate captured utilization data; based on the captured utilization data, automatically generating a subsequent electronic vendor offer, wherein the subsequent electronic vendor offer is identified based on rules and thresholds associated with the utilization data; and dynamically causing regenerating, at the user device, the subsequent electronic vendor offer and a modified listing of available electronic offers that indicate fulfillment of the electronic vendor offer, wherein the modified listing of available electronic offers is automatically updated in real time based on the captured utilization data,” as taught by Mullen, since Blackhurst and Mullen are analogous art and in order for the coupon offer to be modified and for the members to receive updates on discounts currently being offered (Mullen , [0101]).
With reference to claim 9, Blackhurst and Mullen teach all that is required with reference to claim 8, and Blackhurst further teaches:
based on receiving the user login credentials, receiving, via the vendor offer manager, a third indication to view a list of previously activated electronic cards; and based on receiving the third indication to view the list of previously activated electronic cards, providing, to the user device, the list of previously activated electronic cards based on data associated with each of the previously activated electronic cards being stored at the vendor offer manager ([0073] "When the user authenticates [receiving user login credentials] to the user's account, the user is transported to the user interface presented in FIG. 3. The user interface comprises links to the user's savings/checking account 310 (e.g., general funds) and the user's gift cards 320 [previously activated cards]. When the user selects the gift cards option, the user is transported to the user interface presented in FIG. 4. The user interface enables the user view gift cards 410 or upload a new gift card 420. When the user selects the option to view gift cards 410, the user is transported to the user interface presented in FIG. 5.[0091] "The first option and the second option may be associated with activating and deactivating the gift card. Therefore, when the first option is selected (e.g., on a user's computing device), the gift card is activated.").
With reference to claim 10, Blackhurst and Mullen teach all that is required with reference to claim 9, and Blackhurst further teaches:
based on providing the list of previously activated electronic cards, receiving, from the user device, a fourth indication to utilize one of the previously activated electronic cards; based on the fourth indication, providing, via the vendor offer manager, the one of the previously activated electronic cards for display at the user device ([0073] "When the user authenticates [receiving user login credentials] to the user's account, the user is transported to the user interface presented in FIG. 3. The user interface comprises links to the user's savings/checking account 310 (e.g., general funds) and the user's gift cards 320 [previously activated cards]. When the user selects the gift cards option, the user is transported to the user interface presented in FIG. 4. The user interface enables the user view gift cards 410 or upload a new gift card 420. When the user selects the option to view gift cards 410, the user is transported to the user interface presented in FIG. 5.[0091] "The first option and the second option may be associated with activating and deactivating the gift card. Therefore, when the first option is selected (e.g., on a user's computing device), the gift card is activated."),
the display including a plurality of criteria for utilizing the one of the previously activated electronic cards (Fig. 5 shows Gift card one that the user clicks on to get Fig. 7 that displays the balance and the merchant which are a plurality of criteria.);
verifying, via the vendor offer manager, that the plurality of criteria has been fulfilled; and based on verifying that the plurality of criteria has been fulfilled, modifying the one of the previously activated electronic cards to reflect utilization of the electronic vendor offer, such that the one of the previously activated electronic cards is indicated as unavailable ([0040] "At block 140, the method comprises determining the transaction qualifies for the gift card. At block 150, the method comprises applying funds associated with the gift card to the transaction." [0041] "The system ( e.g., a system associated with the financial institution [via the vendor offer manager since system 230 includes the system application 237 and [0067] explains that 237 performs implements any portions or process flows.]) is configured to associate funds associated with the gift card with a transaction associated with a merchant that issued the gift card. Therefore, a transaction qualifies for the gift card when the transaction is associated with a merchant that issued the gift card. Additionally, if the gift card is restricted to certain predetermined types of purchases (e.g., electronics, items over $10, or the like), then the transaction qualifies for the gift card if the transaction matches one of the predetermined types of purchases." [0044] "Applying funds associated with the gift card to the transaction comprises determining whether an amount of the transaction is greater than an amount associated with the gift card. If the amount associated with the transaction is not greater than ( e.g., less than or equal to) the amount associated with the gift card, the funds associated with the gift card are applied to the transaction. Consequently, the gift card balance is reduced [modify the electronic card]." See also [0045]. Examiner notes that "such that the one of the previously activated electronic cards is indicated as unavailable" is intended results and given little patentable weight.).
With reference to claim 17, Blackhurst and Mullen teach all that is required with reference to claim 15, and Blackhurst further teaches:
wherein the electronic card is an electronic discount card ([0110] "The offer or the discount or rebate associated with the offer may comprise or be in the form of a second gift card [discount card] ").
Claims 2 and 4 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst in view of Mullen, in further view of Snyder (P. G. Pub. No. 2010/0299194).
With reference to claim 2, Blackhurst and Mullen teach everything that is required with reference to claim 1, and Blackhurst further teaches a selected number of transactions [target number of user actions] that qualify for the gift card in [0091], and Mullen teaches verify that one or more criteria has been fulfilled but not specifically prior to verifying that the one or more criteria for utilizing the activated electronic card has been fulfilled, determine a target number of user actions corresponding to the one or more criteria for utilizing the activated electronic card based on receiving the second indication to utilize the activated electronic card, the target number of user actions being associated with the user login credentials; and verify the one or more criteria has been fulfilled based at least in part on determining that the target number of user actions has been completed.
However, Snyder teaches prior to verifying that the one or more criteria for utilizing the activated electronic card has been fulfilled, determine a target number of user actions corresponding to the one or more criteria for utilizing the activated electronic card ([0040] "Also, the recipient 102B of the gift card may also receive one or more offers responsive to actions [certain number of actions] taken with respect to the gift card (e.g., purchase, redemption, registration, etc.)." [0015] "According to one aspect of the present invention, a method for administering a virtual gift card is provided. The method comprises acts of configuring, in an offer management system, one or more offer rules that define when an offer is presented to a user, associating the one or more offer rules with a gift card, and responsive to one or more actions by the user in relation to the gift card, the action triggering at least one of the one or more offer rules, extending an offer associated with the at least one of the one or more offer rules to the user. "[0058] "Generally, website 206 may include a component 211 that makes an offer to a recipient 205A in response to particular condition(s) being met or an action by a user [target number of actions].") based on receiving the indication to utilize the activated electronic card ([0059] "In one embodiment, users may be permitted to register their gift cards to an online identity (e.g., username/password), and that information may be stored in the gift card database 207." Since user registers their gift cards, the gift cards are activated.),
the target number user actions being associated with the user login credentials ([0118] "In embodiments, the recipient need not redeem the full value of the virtual gift card in a single purchase. Unused value is stored at the provider's server, and the recipient can view the status of his or her virtual gift card by logging into a management system operated by the virtual gift card provider."); and
verify the one or more criteria has been fulfilled based at least in part on determining that the target number of user actions has been completed ([0063] "At block 303, a user performs an action with respect to a gift card, such as an initial purchase of a gift card, online viewing of the gift card, redemption of the gift card, or other action. Responsive to certain actions [target number of actions] being performed, there may be one or more offer rules that are triggered [verifying one or more criteria are fulfilled based on number of actions]. At block 304, it is determined whether one or more of the stored offer rules are triggered by the actions taken by the user. If not, the system (e.g., system 200) continues to monitor actions performed with respect to a created gift card.").
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the one or more criteria of the activated electronic card of Blackhurst and Mullen by adding prior to verifying that the one or more criteria for utilizing the activated electronic card has been fulfilled, determine a target number of user actions corresponding to the one or more criteria for utilizing the activated electronic card based on receiving the indication to utilize the activated electronic card, the user actions being associated with the user login credentials; and verify the one or more criteria has been fulfilled based at least in part on determining that the target number of user actions has been completed, as taught by Snyder, since Blackhurst, Mullen, and Snyder are analogous art, and in order to use a set of tools for customizing virtual gift cards according to the retailer's branding and design requirements (Snyder, [0012].).
With reference to claim 4, Blackhurst and Mullen discuss providing multiple offers but not specifically
the system further configured to provide a second electronic vendor offer, associated with a vendor of the electronic vendor offer, based on verifying the target number of user actions has been completed.
However, Snyder teaches the system further configured to provide a second electronic vendor offer, associated with a vendor of the electronic vendor offer, based on verifying the target number of user actions has been completed ([0059] "For instance, an offer recipient 205B may wish to perform a purchase using a physical gift card at a physical point-of-sale location 212. Responsive to the offer recipient 205B attempting to use the gift card, the recipient may be presented an offer for use in the current transaction, or a later transaction ( e.g., to encourage patron return)." [0061] "As discussed, a recipient could receive a coupon ( e.g., one that applies to a product the recipient is currently purchasing with the gift card), another gift card ( e.g., to be used in a future transaction), an added value back to the gift card currently being used (e.g., add $10 back to the current gift card), or any other offer as appropriate." See also [0015], [0040], and [0058]).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the one or more criteria of the activated electronic card of Blackhurst and Mullen '708 by adding the system further configured to provide a second electronic vendor offer, associated with a vendor of the electronic vendor offer, based on verifying the target number of user actions has been completed as taught by Snyder, since Blackhurst, Mullen '708, and Snyder are analogous art, and in order to encourage patron return (Snyder, [0059].).
Claims 3 and 5 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst, in view of Mullen, in view of Snyder, in further view of Mullen2 (WO2012/016199).
With reference to claim 3, Blackhurst, Mullen, and Snyder discuss actions taken by the user but not specifically wherein the target number of user actions includes participation by a user, of the user device and corresponding to the user login credentials, in an event associated with a vendor of the electronic vendor offer.
However, Mullen2 teaches wherein the target number of user actions includes participation by a user, of the user device and corresponding to the user login credentials, in an event associated with a vendor of the electronic vendor offer (Fig. 12 shows activated card with "Test Drives Obtained - 17" [target number of user actions that have been completed] and show that the criteria needed is 20 Test Drives. See also [0130].).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the user actions of Blackhurst, Mullen, and Snyder by adding wherein the target number of user actions includes participation by a user, of the user device and corresponding to the user login credentials, in an event associated with a vendor of the electronic vendor offer, as taught by Mullen2, since Blackhurst, Mullen, Snyder, and Mullen2 are analogous art, and in order to engage and motivate members of a group to act in response to a particular coupon offer (Mullen2, [0129]).
With reference to claim 5, Blackhurst, Mullen, and Snyder discuss actions taken by the user but not specifically wherein the target number of user actions that have been completed is provided for display on the user device on the portion of the activated electronic card that also includes the one or more criteria.
However, Mullen2 teaches wherein the target number of user actions that have been completed is provided for display on the user device on the portion of the activated electronic card that also includes the one or more criteria (Fig. 12 shows activated card with "Test Drives Obtained - 17" [target number of user actions that have been completed] and show that the criteria needed is 20 Test Drives. See also [0130].).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the user actions of Blackhurst, Mullen, and Snyder by adding wherein the target number of user actions that have been completed is provided for display on the user device on the portion of the activated electronic card that also includes the one or more criteria, as taught by Mullen2, since Blackhurst, Mullen, Snyder, and Mullen2 are analogous art, and in order to engage and motivate members of a group to act in response to a particular coupon offer (Mullen2, [0129]).
Claims 6, 13, 14, and 16 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst, in view of Mullen, further in view of Zacarias (P. G. Pub. No. 2013/0073459).
With reference to claim 6, Blackhurst and Mullen discuss various criterial for utilizing the activated electronic card, a discussed above. Blackhurst and Mullen do not explicitly teach wherein the one or more criteria for utilizing the activated electronic card includes an amount of money that a user, of the user device and corresponding to the user login credentials, paid to a vendor of the electronic vendor offer.
However, Zacarias teaches wherein the one or more criteria for utilizing the activated electronic card includes an amount of money that a user, of the user device and corresponding to the user login credentials, paid to a vendor of the electronic vendor offer ([0104] "In an embodiment, in response to the user acquiring the exchanged-for gift card, exchange service 120 identifies one or more sales, coupons, promotions (hereinafter "promotions") offered by the issuer of the gift card. In this example, display 750 lists promotions that are provided by the issuer of the gift card. One of the promotions indicates that if the user spends a certain amount of money (i.e., $150) at the merchant [amount of money paid to a vendor] during a certain time frame, then the user will receive a percentage discount (i.e., 5% ).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the one or more criteria of the activated electronic card of Blackhurst and Mullen by adding wherein the one or more criteria for utilizing the activated electronic card includes an amount of money that a user, of the user device and corresponding to the user login credentials, paid to a vendor of the electronic vendor offer, as taught by Zacarias, since Blackhurst, Mullen, and Zacarias are analogous art, and in order to entice the users to make purchase from the merchant (Zacarias, [0127]).
With reference to claim 13, Blackhurst discusses in [0048] using a vendor authentication codes such as a QR code. Blackhurst and Mullen do not specifically teach wherein the vendor offer manager verifies that the one or more criteria for utilizing the activated electronic card has been fulfilled based on a vendor authentication code.
However, Zacarias teaches wherein the vendor offer manager verifies that the one or more criteria for utilizing the activated electronic card has been fulfilled based on a vendor authentication code (Fig. 5 #550 shows a unique code [vendor authentication code] 21365 for the activated Target Gift Card from the merchant. [0097] "Selection of the "Done" button in display 630 causes the local digital wallet application to show display 640. Selection of the "Done" button may cause exchange service 120 ( or the local digital wallet application) to perform a balance check [verifies that the criteria (i.e. balance) has been fulfilled based on the unique code of Fig. 5 and data stored about the gift card] of the gift card. Display 640 includes an amount that has been redeemed ($120 in this example) and an amount of the remaining balance on the gift card ($0 in this example).").
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify how the one or more criteria are verified of Blackhurst and Mullen by adding wherein the vendor offer manager verifies that the one or more criteria for utilizing the activated electronic card has been fulfilled based on a vendor authentication code, as taught by Zacarias, since Blackhurst, Mullen, and Zacarias are analogous art, and in order to perform a balance check of the gift card (Zacarias, [0097]).
With reference to claim 14, Blackhurst discusses the gift card having a pin code. Blackhurst and Mullen discuss verifying that one or more criteria have been fulfilled, but do not specifically teach the method according to claim 8, wherein the vendor offer manager verifies that the one or more criteria for utilizing the activated electronic card has been fulfilled based on a unique code utilized at the time of fulfilling the one or more criteria and the data associated with the activated electronic card stored at the vendor offer manager.
However, Zacharias teaches the method according to claim 8, wherein the vendor offer manager verifies that the one or more criteria for utilizing the activated electronic card has been fulfilled based on a unique code utilized at the time of fulfilling the one or more criteria and the data associated with the activated electronic card stored at the vendor offer manager (Fig. 5 #550 shows a unique code 21365 for the activated Target Gift Card. from the merchant. [0097] "Selection of the "Done" button in display 630 causes the local digital wallet application to show display 640. Selection of the "Done" button may cause exchange service 120 ( or the local digital wallet application) to perform a balance check [verifies that the criteria (i.e. balance) has been fulfilled based on the unique code of Fig. 5 and data stored about the gift card] of the gift card. Display 640 includes an amount that has been redeemed ($120 in this example) and an amount of the remaining balance on the gift card ($0 in this example)." [0088] explains the storing of a data about the gift card.).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify how the one or more criteria are verified of Blackhurst and Mullen by adding wherein the vendor offer manager verifies that the one or more criteria for utilizing the activated electronic card has been fulfilled based on a unique code utilized at the time of fulfilling the one or more criteria and the data associated with the activated electronic card stored at the vendor offer manager, as taught by Zacarias, since Blackhurst, Mullen, and Zacarias are analogous art, and in order to perform a balance check of the gift card (Zacarias, [0097]).
With reference to claim 16, Blackhurst discusses redeeming gift card for loyalty points in [0088] but not specifically that the electronic card is a virtual card. Blackhurst and Mullen do not specifically teach wherein the electronic card is a virtual loyalty card.
However, Zacarias teaches wherein the electronic card is a virtual loyalty card ([0026] "For example, a retail establishment might issue loyalty or rewards cards (although not necessary) to customers who can use the cards as identification when dealing with that retailer. [0030] "A digital wallet for a particular user includes information about one or more value-ascertainable items [virtual loyalty card]. A value-ascertainable item identified in a user's digital wallet may be an item that the user acquired and then uploaded item identification information to the user's digital wallet.").
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the cards of Blackhurst and Mullen, by substituting the electronic cards of Blackhurst and Mullen with the virtual loyalty card of Zacarias since it has been held to be within the general skill of a worker in the art to select a known item on the basis of its suitability for the intended use as a matter of obvious design choice. Electronic cards, gift cards, and virtual loyalty cards are well known in the art and substituting one for the other would not change the way the overall apparatus functions. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claims 7 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst in view of Mullen, in further view of Mullen2.
Regarding claim 7, Blackhurst shows a portion of the electronic card in Fig. 7 and Mullen shows a portion of the electronic card in Fig. 1, but Blackhurst and Mullen do not specifically teach wherein the portion of the activated electronic card provided at the user device further includes a number of instances that a user, of the user device and corresponding to the user login credentials, attended an event corresponding to a vendor of the electronic vendor offer, and wherein verifying the one or more criteria has been fulfilled is based on the number of instances that the user attended the event.
However, Mullen2 teaches wherein the portion of the activated electronic card provided at the user device further includes a number of instances that a user, of the user device and corresponding to the user login credentials, attended an event corresponding to a vendor of the electronic vendor offer, and wherein verifying the one or more criteria has been fulfilled is based on the number of instances that the user attended the event (Fig. 12, [0128] "FIG. 12 shows card 1200. Card 1200 may include a mobility device (e.g., a Wi-Fi device), one or more buttons 1202-1206 and displays 1208-1210. A coupon offer, for example, may be provided card 1200 and may be displayed by display to a user 1208. Such of an offer, for example, may provide information as to whether the coupon offer may be redeemed (e.g., a qualified coupon offer) or may not yet be redeemed (e.g., a non-qualified coupon offer)." [0130] "The coupon offer as displayed in display 1208, for example, may identify a particular coupon offer as being a non-qualified coupon offer. A user of card 1200 may, for example, examine further details of the non-qualified coupon offer by, for example, pressing button 1206. Such details as may be provided by display 1210, for example, may include a description of a qualifying event (e.g., twenty test drives needed [predetermined number of entity events attended by a user]) , which may be required to transform the coupon 10 offer into a qualified coupon offer. Further, display 1210 may provide information (e.g., seventeen test drives so far) so that a user of card 1200 may determine whether the qualifying event is within reach." Since a coupon is changed from a non-qualified coupon to a qualified coupon, the verifying the criteria has been fulfilled is being done. See also [0140].).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify what is being displayed with the electronic cards of Blackhurst and Mullen by adding wherein the portion of the activated electronic card provided at the user device further includes a number of instances that a user, of the user device and corresponding to the user login credentials, attended an event corresponding to a vendor of the electronic vendor offer, and wherein verifying the one or more criteria has been fulfilled is based on the number of instances that the user attended the event, as taught by Mullen2, since Blackhurst, Mullen, and Mullen2 are analogous art, and in order to engage and motivate members of a group to act in response to a particular coupon offer (Mullen2, [0129]).
Regarding claim 18, Blackhurst and Mullen discuss criteria for utilizing the activated electronic card as discussed above but not specifically wherein the one or more criteria for utilizing the activated electronic card includes a predetermined number of entity events attended by a user, of the user device and corresponding to the user login credentials, the entity events corresponding to an entity associated with the electronic vendor offer.
However, Mullen2 discusses wherein the one or more criteria for utilizing the activated electronic card includes a predetermined number of entity events attended by a user, of the user device and corresponding to the user login credentials, the entity events corresponding to an entity associated with the electronic vendor offer (Fig. 12, [0128] "FIG. 12 shows card 1200. Card 1200 may include a mobility device (e.g., a Wi-Fi device), one or more buttons 1202-1206 and displays 1208-1210. A coupon offer, for example, may be provided card 1200 and may be displayed by display to a user 1208. Such of an offer, for example, may provide information as to whether the coupon offer may be redeemed (e.g., a qualified coupon offer) or may not yet be redeemed (e.g., a non-qualified coupon offer)." [0130] "The coupon offer as displayed in display 1208, for example, may identify a particular coupon offer as being a non-qualified coupon offer. A user of card 1200 may, for example, examine further details of the non-qualified coupon offer by, for example, pressing button 1206. Such details as may be provided by display 1210, for example, may include a description of a qualifying event (e.g., twenty test drives needed [predetermined number of entity events attended by a user]) , which may be required to transform the coupon 10 offer into a qualified coupon offer. Further, display 1210 may provide information (e.g., seventeen test drives so far) so that a user of card 1200 may determine whether the qualifying event is within reach.").
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify what is being displayed with the electronic cards of Blackhurst and Mullen by adding wherein the one or more criteria for utilizing the activated electronic card includes a predetermined number of entity events attended by a user, of the user device and corresponding to the user login credentials, the entity events corresponding to an entity associated with the electronic vendor offer, as taught by Mullen2, since Blackhurst, Mullen, and Mullen2 are analogous art, and in order to engage and motivate members of a group to act in response to a particular coupon offer (Mullen2, [0129]).
Claim 11 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst in view of Mullen, in view of Zacarias, in further view of Nelsen (P. G. Pub. No. 2010/0063906).
Regarding claim 11, Blackhurst and Mullen display the electronic card but not specifically wherein the vendor offer manager modifies the electronic card to reflect utilization of the electronic vendor offer by displaying the electronic card as faded and wherein the data is saved at the user device, the data comprising a time and date associated with the utilization of the electronic vendor offer.
However, Zacarias teaches and wherein the data is saved at the user device, the data comprising a time and date associated with the utilization of the electronic vendor offer (Fig. 6 # 640 shows "8/9/2011" and "1:23pm" which are data saved at the user device that comprises time and date of the utilization of the electronic vendor offer which is redeeming the Target Gift Gard.).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the data of Blackhurst and Mullen by adding wherein the data is saved at the user device, the data comprising a time and date associated with the utilization of the electronic vendor offer, as taught by Zacarias, since Blackhurst, Mullen, and Zacarias are analogous art, and in order to for the user to know when the user utilized the electronic vendor offer (Zacarias, [0097]).
Blackhurst, Mullen, and Zacarias do not specifically teach wherein the vendor offer manager modifies the electronic card to reflect utilization of the electronic vendor offer by displaying the electronic card as faded.
However, Nelsen teaches wherein the vendor offer manager modifies the electronic card to reflect utilization of the electronic vendor offer by displaying the electronic card as faded (Fig. 8 shows card 1 being displayed as faded. [0127] "Next at 456 the method may cessation of authentication. Steps 458, 460, and 462 provide an example of cessation of authentication. At 458 the method may include accessing ( e.g. retrieving) a new virtual card value. At 460 the method may further include setting the card in a disabled state at the virtual card manager. Next at 462 the method may further include sending card usage details to the mobile computing device. In some embodiments, the virtual card manager may not be notified to temporarily disable the card. In such situations, the virtual card manger may monitor the use of the virtual card via any methods available when the virtual card manager is not notified of card disablement." [0128] "Next at 464 the method may further include displaying the virtual card usage data on the mobile computing device. For example, updated value data as well as additional card data that was modified through the transaction may be displayed.").
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify how the electronic card is being displayed of Blackhurst, Mullen, and Zacarias by adding wherein the vendor offer manager modifies the electronic card to reflect utilization of the electronic vendor offer by displaying the electronic card as faded, as taught by Nelsen, since Blackhurst, Mullen, Zacarias, and Nelsen are analogous art, and in order to show that an electronic card is disabled (Nelsen, [0127]).
Claim 12 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst in view of Mullen, in further view of Kramer (P. G. Pub. No. 2009/0024477).
Regarding claim 12, Blackhurst and Mullen display the electronic card but not specifically wherein the vendor offer manager modifies the electronic card to reflect utilization of the electronic vendor offer by displaying an overlay over the electronic card.
However, Kramer teaches wherein the vendor offer manager modifies the electronic card to reflect utilization of the electronic vendor offer by displaying an overlay over the electronic card (Fig 2A shows the electronic vendor offer and Fig. 2B shows the modified electronic vendor offer as a utilized or redeemed offer with an overlay of "Redeemed Jul 25 @ 2:00P" with a redeemed reference number.).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify how the electronic card is being displayed of Blackhurst and Mullen by adding wherein the vendor offer manager modifies the electronic card to reflect utilization of the electronic vendor offer by displaying an overlay over the electronic card, as taught by Kramer, since Blackhurst, Mullen, and Kramer are analogous art, and in order to show that an electronic card has been redeemed (Kramer, Fig. 2B).
Claims 19 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blackhurst in view of Mullen, in further view of Navar (P. G. Pub. No. 2013/0041731).
Regarding claim 19, Blackhurst teaches the one or more computer-readable media of claim 15, wherein the one or more criteria for utilizing the activated electronic card includes ** by a user, of the user device ([0091] "When the gift card is deactivated, the gift card may be automatically reactivated following the next transaction that qualifies for the gift card ( or following the duration of deactivation selected by the user, or following a selected number of transactions that qualify for the gift card, or the like)." ([0073] "When the user authenticates [receiving user login credentials] to the user's account, the user is transported to the user interface presented in FIG. 3.)
and corresponding to the user login credentials ([0073] "When the user authenticates [receiving user login credentials] to the user's account, the user is transported to the user interface presented in FIG. 3. The user interface comprises links to the user's savings/checking account 310 (e.g., general funds) and the user's gift cards 320. When the user selects the gift cards option, the user is transported to the user interface presented in FIG. 4. The user interface enables the user view gift cards 410 or upload a new gift card 420. When the user selects the option to view gift cards 410, the user is transported to the user interface presented in FIG. 5.[0091] "The first option and the second option may be associated with activating and deactivating the gift card. Therefore, when the first option is selected (e.g., on a user's computing device), the gift card is activated.").
Blackhurst and Mullen do not specifically teach that the one or more criteria includes a number of transaction fulfillments corresponding to a vendor associated with the electronic vendor offer.
However, Navar teaches the one or more criteria includes a number of transaction fulfillments corresponding to a vendor associated with the electronic vendor offer ([0033] "A parameter, for example, may include indicia of a purchase or transaction completed with the vendor or details about the purchase transaction such as the specific goods or services purchased, the frequency of a purchase transaction [number of transactions corresponding to a vendor], or the purchase amount.").
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify criteria for utilizing the activate electronic card of Blackhurst and Mullen by adding the one or more criteria includes a number of transaction fulfillments corresponding to a vendor associated with the electronic vendor offer, as taught by Navar, since Blackhurst, Mullen, and Navar are analogous art, and in order to augment the purchasing activities of existing customers (Navar, [0032]).
Regarding claim 20, Blackhurst teaches the one or more computer-readable media of claim 15, wherein the one or more criteria for utilizing the activated electronic card includes ** by a user, of the user device ([0091] "When the gift card is deactivated, the gift card may be automatically reactivated following the next transaction that qualifies for the gift card ( or following the duration of deactivation selected by the user, or following a selected number of transactions that qualify for the gift card, or the like)." ([0073] "When the user authenticates [receiving user login credentials] to the user's account, the user is transported to the user interface presented in FIG. 3.)
and corresponding to the user login credentials ([0073] "When the user authenticates [receiving user login credentials] to the user's account, the user is transported to the user interface presented in FIG. 3. The user interface comprises links to the user's savings/checking account 310 (e.g., general funds) and the user's gift cards 320. When the user selects the gift cards option, the user is transported to the user interface presented in FIG. 4. The user interface enables the user view gift cards 410 or upload a new gift card 420. When the user selects the option to view gift cards 410, the user is transported to the user interface presented in FIG. 5.[0091] "The first option and the second option may be associated with activating and deactivating the gift card. Therefore, when the first option is selected (e.g., on a user's computing device), the gift card is activated.").
Blackhurst and Mullen do not specifically teach that the one or more criteria includes a number of visits corresponding to a vendor associated with the electronic vendor offer.
However, Navar teaches the one or more criteria includes a number of visits to a vendor associated with the electronic vendor offer ([0040] "Rewards may also depend on a profile of the user or habits such as the number of gifts sent to one or more other users in the network, the number of visits made by user 105A to vendor 115A, and the amount of dollars spent with the vendor 115A.").
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify criteria for utilizing the activate electronic card of Blackhurst and Mullen by adding the one or more criteria includes a number of visits to a vendor associated with the electronic vendor offer, as taught by Navar, since Blackhurst, Mullen, and Navar are analogous art, and in order to augment the purchasing activities of existing customers (Navar, [0032]).
Response to Arguments
Applicant's arguments filed March 5, 2026 have been fully considered but they are not persuasive. Applicant argues the 101 rejection, stating that the claimed amendments overcome the 101 because they are directed to a technical improvement in the management of electronic vendor offers through targeted data capture, dynamic modification of electronic card displays, and automated updating of available offer listings. However, these features do not constitute a technical improvement. Rather, they implement generic computing components and processes to improve the abstract idea of incentive delivery, but do not demonstrate any improvement in the technology being used. The problem identified of preventing stale or inaccurate offer inventories and enabling real-time synchronization is a problem within the concept of incentives, not of technology. It improves the delivery of incentives and prevents customer service issues when a customer tries to use an invalid incentive, but does not improve any technology related to the process. Applicant’s argument that the generic computing components are arranged in a specific configuration and with specific operations do not demonstrate an improvement to the technology either, as there is nothing that generates an inventive step in the technology (see prior art rejection). Applicant points to paragraphs 89-91 of the specification to define the problem and solution, but capturing data and modifying the display to reflect that a coupon has been used, if considered an additional element, would only be considered insignificant extrasolution activity and WURC per MPEP 2106.05(f) and (d). Per the analysis above, though, they have been considered part of the abstract idea, as they are recited in a way that could be done by a human, but for the implementation of generic computing components as discussed above. Applicant’s argument that these steps are non-routine is further not persuasive because the prior art has shown that such configurations and steps were known and/or obvious at the time of invention. Therefore, the 101 rejection is maintained.
Applicant further argues that the 103 rejection has been overcome. As an initial note, applicant argues that the Blackhurst and Zacarias references do not teach the claimed features. However, the Office Action relied on Blackhurst and Mullen. Examiner assumes this is what applicant meant to refer to. However, Applicant makes mere allegations that the art does not teach the amended limitations, without arguing specific features of the references. In light of the updated 103 rejection above, these arguments are not persuasive.
Conclusion
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 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 ILANA L SPAR whose telephone number is (571)270-7537. The examiner can normally be reached 8-4 M-F.
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/ILANA L SPAR/ Supervisory Patent Examiner, Art Unit 3622
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