DETAILED ACTION
The present application (Application No. 18/466,558), filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in reply to communications by Applicants responding to first office action on the merits, received 10 June, 2025.
Priority
This application claims priority of Japan Application No. 2022-199771, filed 14 December 2022. Applicant’s claim for the benefit of these prior filed applications is acknowledged. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1-6, are amended. Claims 7-20, are withdrawn from consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention. Therefore, claims 1-6, are currently pending and addressed below.
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 1-6, are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: In the instant case, claim 6 is directed to a method and claims 1-5 are directed to an apparatus, therefore the claims are directed to statutory categories of invention.
Step 2A- Prong 1: Independent claim 6 as now amended comprises steps of: storing, in a storage unit, a merchandise master, a customer master, and a purchase history file; receiving, via a communication unit, a customer entry notification for a customer entering a store; identifying the customer in the customer master based on a customer identification in the customer entry notification; extracting a previous visit date for the customer from the customer master based on the customer identification; identifying a customer favorite area of the store based on analysis of information in the purchase history file; identifying, based on relationship information in the merchandise master indicating a temporal relationship products displayed in the customer favorite area, any new products displayed in the customer favorite area since the previous visit date or reductions in prices of products displayed in the customer favorite are since the previous visit date; and outputting information to a customer terminal of the customer via the communication unit indicating the new products displayed in the customer favorite area or products with reductions in prices since the previous visit date identified arrangement area.
Independent claim 1 is directed to an apparatus for executing the above method steps.
The independent claims are directed to purchase and sales promotion support of a merchandise associated with shelf layout, to be sold in a store. The method analyzes past visitation history of a customer(s) and historic merchandize shelf layout information associated with said past visitation information, and based on that information, the method identifies areas for which the merchandise whose sales mode has changed from a previous visit date to a current visit, and then outputs this current visit shelf layout information. Accordingly, the claimed steps represent a method of organizing commercial interactions comprising advertising, marketing and sales activities, which falls within the “Certain Methods of Organizing Human Activity” abstract idea grouping, wherein all the claim steps can be seen as being part of the abstract idea of providing purchase and sales promotion support.
Step 2A- Prong 2: The independent claims recite additional elements including: a storage unit; a communication unit configured to receive a customer entry notification for a customer entering a store; a processor; a customer terminal.
These additional elements are recited at a high level of generality and the steps that they execute represent generic functions which can be performed by a general-purpose computer without any novel programming or improvement in the operation of the computer itself. These additional elements are merely invoked as tools to perform an abstract idea (mere instructions to apply the exception) as discussed in MPEP 2106.05(f). The mere nominal recitation of generic computer components does not take the claim limitations out of the mental processes grouping (see 2106.04(a)(2)(III)(C)).
It is further noted that the claimed steps are steps of collecting/tracking data (transmitting, receiving, storing, gathering), analyzing data, making determinations/correlations/comparisons, and displaying/presenting data. All these steps, but for the use of generic computer components that execute them, are generic functions performed by general-purpose computers, which relate to concepts that a human could perform with pen and paper, including observations, evaluations, judgements or opinions. These claimed steps are data manipulations that do not represent technological improvements.
The additional elements narrow the abstract idea of purchase and sales promotion support of a merchandise associated with shelf layout, but without introducing technology improvements.
Accordingly, the additional elements when the claim elements are viewed individually and as a whole do not integrate the abstract idea into a practical application.
Step 2B: Based on the reasoning provided under Step 2A- Prong 2, the claims under Step 2B do not recite “significantly more” than the abstract idea. At this point, either under the “Certain Methods of Organizing Human Activity” grouping scenario where all the claim steps can be seen as being part of the abstract ideas, or under the “Mental Processes” grouping scenario, the analysis is terminated because the same analysis with respect to Step 2A Prong Two applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
That is, these additional elements are recited at a high level of generality and the steps that they execute represent conventional functions which can be performed by a general-purpose computer without any improvement to the programming technique or improvement in the operation of the computer itself.
The dependent claims have been considered. Dependent claims 2-5 only just generally add limits to: collecting/tracking data (transmitting, receiving, storing, gathering), analyzing data, making determinations/correlations, and displaying/presenting data
Dependent claims 2-4 add limits to the “identifying” thereby merely narrowing the abstract idea.
Claim 2: a temporal relationship between each of the areas and a price of the merchandise arranged in the area, the area in which the merchandise whose price is changed from the previous visit date to the current visit date is arranged.
Claim 3: based on the relationship information indicating a temporal relationship between each of the areas and a price of the merchandise arranged in the area, the area in which the merchandise whose price is changed from the previous visit date to the current visit date is arranged.
Claim 4: from among the products arranged in a part of the plurality of areas, the merchandise whose sales mode is changed from the previous visit date to the current visit date.
Dependent claim 5 add limits to the “displaying” thereby merely narrowing the abstract idea, wherein the output unit is configured to output, to a display unit, a screen on which the area identified by the identification unit is identifiable on a map indicating a layout of the store.
When considered as a whole, the same analysis with respect to Step 2A Prong Two and step 2B, apply to these additional elements. They cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10/1662649), in view of Hiramoto et al. (JP 7116372), and further in view of Uchida et al. (US 2016/0196575) (hereinafter “Uchida6575”).
Examiner’s note: For the purpose of examining the instant claims, an Espacenet English machine-translation of Kim (KR 10/1662649) (hereinafter “Kim2649”) is used.
Examiner’s note: For the purpose of examining the instant claims, a PE2E Search Tool English machine-translation of Hiramoto et al. (JP 7116372) (hereinafter “Hiramoto6372”) is used. (平本 憲由 = Noriyoshi Hiramoto)
Regarding claims 1, 6, Kim2649 discloses:
(see at least Kim2649, claim 1, see also fig. 1, ¶6, 24, 40). A sales information management system for use by a seller who supplies products and deploys staff to one or more customer stores, wherein each of the one or more customer stores is a store where products from a plurality of different sellers are stored. The system includes a standard information management module configured to store product information of the seller using the sales information management system, information on the one or more customer stores, and product information on one or more other sellers corresponding to the seller's competitors. Required display items: a display management module configured to store information and front display item information, and to collect shelf layout information associated with the one or more customer stores and product layout information of the seller on the shelf; and generating a display status report based on comparing the information collected by the display management module with the essential display item information and the front display item information, and generating an activity report for each client store for each of the one or more client stores. It includes an analysis module configured to, wherein the display management module stores the essential display item information and the front display item information, and stores the information on the essential display item and the information on the front display item, and transmits the information from the user device used by the seller's employee to the one or more other sellers in the one or more customer stores. Receives information on the display status of products, determines a product category with a relatively higher frequency of front display compared to other categories from the received display state information, and displays the seller's products corresponding to the determined product category in the required display. a display information management unit configured to determine an item or the front display item; And receiving a photo of the one or more customer stores from a user device of an employee of the seller in charge of each of the one or more customer stores, and analyzing the received photos using a digital image processing method to identify each of the one or more customer stores. and a layout information management unit configured to collect shelf layout information and the product layout information, wherein the shelf layout information includes the quantity of stalls, the location of the stall, the number of shelves provided in each stall, and the specifications of the shelves provided in each stall. Includes, the product placement information includes location information of the stall and shelf on which the product is displayed, and the front display frequency means the frequency of placement on a shelf pre-designated by the seller as corresponding to the front of the stall. The analysis module is configured to generate the display status report to indicate information on whether predetermined display-related restrictions have been met, and whether the display-related restrictions have been met determines which of the products designated as required display items have actually been displayed. It includes the ratio of products and the ratio of products actually placed at the front of the shelf among products designated as front display items, and the activity report for each customer store is calculated as a ratio of the seller's sales to the total labor costs spent by the seller. A sales information management system that includes in-store productivity efficiency information.
(a storage unit storing a merchandise master, a customer master, and a purchase history file). Data usable and retrievable by the system is stored (see at least Kim2649, fig. 1, ¶37, 39, 41).
(a processor). System comprising computing devices, processors, servers, memory, computer readable media, interfaces, modules and databases and software instructions stored in memory that enable the system to execute the steps of the method over network communications and to enable interaction between participants and the system (see at least Kim2649, fig. 1, ¶25-42). (processor) (memory) (computer readable media).
(identify, based on relationship information in the merchandise master indicating a temporal relationship of products displayed in the customer favorite area, any new products displayed in the customer favorite area since the previous visit date or reductions in prices of products displayed in the customer favorite area since the previous visit date).
As indicated above, Kim2649 therefore teaches (see at least Kim2649, ¶40, claim 1): The promotion management module 40 is a module for sellers to manage the sales status of their products. Product sales status may include sales information, schedule information, inventory information, etc. Sales information may include the classification, name, standard, unit price, quantity, sales amount, etc. of the product sold, and sales information may be stored divided by customer store, registration date, user, etc. Additionally, if there is an event by the seller (e.g., limited-time discount, buy-one-get-one discount, etc.), the type of event and information on the stall where sales related to the event occurred may be further included in the sales information. Additionally, schedule information on product sales status may include a daily delivery schedule for one or more customer stores. In addition, inventory information may include information such as classification of products corresponding to inventory, product name, price, previous day's inventory quantity and total inventory quantity, sales quantity and amount, receipt quantity, returned quantity, and current day's inventory quantity. (see at least Kim2649, ¶27, 40-41).
Since Kim2649 generates display status reports which track the shelves’ product placement information including which of the products designated as required display items have actually been displayed, location information of the stall and shelf on which the product is displayed, and generates; and further, since Kim2649 tracks previous day's inventory quantity and total inventory quantity, sales quantity and amount, receipt quantity, returned quantity, and current day's inventory quantity, then it is quite apparent that Kim2649 teaches: tracking dates and temporal changes of promotion data (sales mode) over time (a temporal relationship, temporal changes) of shelves’ product placement information and reductions in prices of products displayed in the customer favorite area since the previous visit date.
Kim2649 does not disclose:
(a communication unit configured to receive a customer entry notification for a customer entering a store).
(identify the customer in the customer master based on a customer identification in the customer entry notification).
However, Hiramoto6372 discloses these limitations: (see at least Hiramoto6372, fig. 5, ¶7:16-36, “A user (member) carries the terminal 40 and visits the store. A signage 20 installed at the entrance/exit of a store communicates with a terminal 40. The signage 20 transmits a "member ID transmission request" periodically or at a predetermined timing. When the user (terminal 40) reaches a predetermined range around the signage 20, the terminal 40 receives a member ID transmission request. In response to the request, terminal 40 transmits the member ID issued from server device 10 to signage 20. When the signage 20 acquires the member ID from the terminal 40, the signage 20 transmits a "member entry notification" (customer entry notification) including the acquired member ID to each authentication terminal 30 in the store. Each authentication terminal 30 extracts the member ID included in the member entry notification. Each authentication terminal 30 adds the extracted member ID to the "store visitor list".). Member information database (see Hiramoto6372, ¶8:3-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Kim2649 in view of Hiramoto6372, since by using the authentication request from the authentication terminal 30, the store server 50 can also determine whether the user has consumed or not consumed in the store (see Hiramoto6372, ¶27:33-40).
Member information database (see Hiramoto6372, ¶8:3-17).
The above Kim2649/Hiramoto6372 combination does not disclose:
(extract a previous visit date for the customer from the customer master based on the customer identification ).
(identify a customer favorite area of the store based on analysis of information in the purchase history file).
(identify, based on relationship information in the merchandise master indicating a temporal relationship of products displayed in the customer favorite area, any new products displayed in the customer favorite area since the previous visit date or reductions in prices of products displayed in the customer favorite area since the previous visit date).
However, Uchida6575 teaches these limitations.
In particular Uchida6575 discloses: Aa sales promotion system and method (see at least Uchida6575, abstract, fig. 2, ¶31).
sales promotion device 100 recognizes a customer attribute and a customer ID based on the facial image (S102). (see at least Uchida6575, abstract, fig. 5, ¶58).
System comprising computing devices, processors, servers, memory, databases, computer readable media, interfaces, modules and databases and software instructions stored in memory that enable the system to execute the steps of the method over network communications and to enable interaction between participants and the system (see at least Uchida6575, fig. 2, ¶39-51). (processor) (memory) (computer readable media).
A shelf system according to an exemplary aspect of the present invention includes a shelf placed to present a product to a customer, an image information acquisition means for acquiring input image information on an image of the product and the customer taken, a tracking means for tracking an action of the customer regarding the product based on the input image information, and a promotion information output means for outputting promotion information related to the product corresponding to the tracked customer's action to the customer (see at least Uchida6575, ¶16).
The customer information database DB (customer information storage unit) 160 stores customer related information that is related to customers who come to a store, including: customer identification information 161, attribute information 162, preference information 163, history information 164 and the like (see at least Uchida6575, fig. 2, ¶49) (a storage unit storing a merchandise master, a customer master, and a purchase history file).
History information database (extract a previous visit date from a use history of a customer who visits a store) stores information about the history of a customer, including a store visit history and it includes, for example, a product purchase history, a store visit history, an in-store moving history, a contact history (access history) such as picking up/looking at a product, and the like, and further stores customer preference information (see at least Uchida6575, fig. 2, “164”, ¶51, “The preference information 163 is information indicating the preferences of a customer, and it includes, for example, a hobby, favorite food, color, music, movie and the like of the customer. The history information 164 is information about the history of a customer, and it includes, for example, a product purchase history, a store visit history, an in-store moving history, a contact history (access history) such as picking up/looking at a product and the like.”).
Since Uchida6575 analyses a product purchase history, a store visit history, an in-store moving history, a contact history (access history) such as picking up/looking at a product and the like, and explicitly teaches preference information of said visiting customer, then it is apparent that Uchida6575 teaches the claimed limitation: “customer favorite area of the store based on analysis of information in the purchase history file”.
Likewise, since Uchida6575 is all about promotional tracking and analyzing promotion data associated with a store and user interactions with one or more shelves, then
(output information to a customer terminal of the customer via the communication unit indicating the new products displayed in the customer favorite area or products with reductions in prices since the previous visit date). Discount or other promotional product information is pushed to the user (output information to a customer terminal) based on a determination of user interest and user preferences in relation to a shelf placement and placement of products on the shelf (see at least Uchida6575, ¶77-78), therefore, in association with customer favorite area of the store.
A 3D camera 210 takes an image of a product shelf (product display shelf) 300 on which a product 301 is placed (displayed) and further takes an image of a customer 400 who is thinking about purchasing the product 301 in front of the product shelf 300 in this exemplary embodiment. (see at least Uchida6575, fig. 3A-3B, ¶34). The 3D camera 210 takes an image of a product placement area of the product shelf 300 and an area where a customer picks up/looks at a product in front of the product shelf 300, which is a presentation area where a product is presented to a customer in the product shelf 300. (see at least Uchida6575, fig. 3A-3B, ¶34).
Product information DB 150, and product recognition unit 118, wherein, the product recognition unit 118 stores the relationship between placement positions on a shelf and products into the product information DB 150, and identifies the product based on the product picked up by the customer or the position of the shelf on which the product looked at by the customer is placed (see at least Uchida6575, fig. 2, 4, ¶56).
As per above, Kim2649 (and/or the Kim2649/Hiramoto6372 combination) teaches a store’s shelf management and tracking system, and Uchida6575 teaches a “comparable” store’s shelf management and tracking system. The store’s shelf layout information of Kim2649 is silent about shopper data, but Uchida6575 teaches the improvement of additionally tracking shopper data (i.e., such as shopper visit history data) in association with this store’s shelf tracking and determining “customer favorite area of the store based on analysis of information in the purchase history file”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to implement the additional user data of a customer favorite area of Uchida6575, in combination with the functionality in Kim2649 of tracking temporal changes of promotion data, to teach/include in the combination temporal changes of promotion data (sales mode) of shelves’ product placement information over time (a temporal relationship, temporal changes), and reductions in prices of products displayed in the customer favorite area since the previous visit date, and outputting information to a customer terminal of the customer via the communication unit indicating the new products displayed in the customer favorite area, since this implementation is applying a known technique (tracking customer data in association with shelf tracking) to improve a similar method of store’s shelf tracking in the same way, wherein this improved functionality is a predictable result within the capabilities of a person of ordinary skill in the store’s shelf management arts. Moreover, this modification would further enrich the stored history information of a store’s shelves.
Regarding claims 2-5, Kim2649 in view of Hiramoto6372 and Uchida6575 discloses: All the limitations of the corresponding parent claim (claim 1) as per the above rejection statements.
As explained in the rejection of claim 1, the Kim2649/Hiramoto6372/Uchida6575 combination formulated in that rejection, teaches: tracking a customer favorite area and shelf layout changes from the previous visit date, and likewise teaches: tracking and associating particular pricing/promotion data (i.e., sales mode and/or price reduction) of a product on a shelf from the previous visit date, and likewise teaches: displaying a screen associated with the customer favorite area. Accordingly, the Kim2649/Hiramoto6372/Uchida6575 combination formulated in the rejection of claim 1, teaches the claimed limitations:
(claim 2)-(wherein the processor is further configured to identify, based on the relationship information in the merchandise master, merchandise whose arrangement position changed from the previous visit date to a current visit date).
(claim 3)-(wherein the processor is further configured to identify, based on the relationship information in the merchandise master, any area of the store in which a product with a price reduction since the previous visit date is displayed).
(claim 4)-(wherein the processor is configured to identify, products in the identified customer favorite area whose sales mode has changed since the previous visit date).
(claim 5)-(wherein the processor is configured to output information the customer terminal to cause a display unit of the customer terminal to display, a screen on which the customer favorite area is identifiable on a map indicating a layout of the store).
Response to Arguments
Applicant's arguments filed 06/10/2025 have been fully considered.
Typographic error acknowledgement:
The examiner acknowledges a typographic error in the 35 U.S.C. 101 rejection header of the pending 03/10/2025 Non-Final Rejection office action. The examiner inadvertently listed claims included 7-20, whereas these claims were withdrawn from consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention. posted a draft office action.
35 U.S.C. 101
Applicant argues:
Additional, tangible aspects have been incorporated into these claims such as "a storage unit storing a merchandise master, a customer master, and a purchase history file" (claim 1).
That is, claims are directed to a tangible, non-abstract improvements to existing related art systems and/or identified problems therein.
In response:
The mere fact that a system comprises tangible components or “aspects” (whatever that is supposed to teach), does not necessarily overcome noncompliance with 35 U.S.C. 101. Simply claiming that the system components are tangible is not a sufficient test to overcome a 35 U.S.C. 101 rejection.
These claimed steps are steps of collecting/tracking data (transmitting, receiving, storing, gathering), analyzing data, making determinations/correlations/comparisons, and displaying/presenting data. All these steps, but for the use of generic computer components that execute them, are generic functions performed by general-purpose computers, which relate to concepts that can be a human can perform with pen and paper, including observations, evaluations, judgements or opinions. These claimed steps are data manipulations that do not represent technological improvements.
The additional elements: a storage unit; a communication unit configured to receive a customer entry notification for a customer entering a store; a processor; a customer terminal are recited at a high level of generality and the steps that they execute represent generic functions which can be performed by a general-purpose computer without any novel programming or improvement in the operation of the computer itself. These additional elements are merely invoked as tools to perform an abstract idea (mere instructions to apply the exception) as discussed in MPEP 2106.05(f). The mere nominal recitation of generic computer components does not take the claim limitations out of the mental processes grouping (see 2106.04(a)(2)(III)(C)).
The additional elements narrow the abstract idea of selecting advertisements for placement in a virtual world.
35 U.S.C. 103
New grounds of rejection are presented. Applicant's arguments are considered moot in view of the new grounds of rejection above.
Conclusion
The prior art previously made of record and not relied upon is considered pertinent to applicant's disclosure. US20210192600 (Carpenter) and US20210019791 (Selvaraj).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office Action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIO IOSIF whose telephone number is (571) 270-7785. The examiner can normally be reached on Mon-Wed, 9:00am-4:00pm teleworking.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached on 571-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mario C. Iosif/Primary Examiner, Art Unit 3621