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 .
Status of the Claims
This is a Non-Final first action on the merits for the application filed on 12/14/2023. A preliminary amendment also filed on 12/14/2023 amended claims 3 and 7. Therefore, claims 1-10 are pending addressed below.
Specification
The disclosure is objected to because of the following informalities:
There are several instances in the specification where a degree symbols appears before the figure number. For example, [0057] states, “Fig. o1”. This should recite, “Fig. 1”.
Appropriate correction is required.
Claim Objections
Claims 1, 5, 9, and 10 are to objected to because of the following informalities:
Claim 1 recites, “proving at least one video feed”. This should recite, “providing at least one video feed”.
Claim 5 recites, “using an original .xml feed of the the product”. This should recite, “using an original .xml feed of the product.”
Claims 1, 5, 9, and 10 contain the acronyms “ID” and “QR”. Acronyms must be defined in plain terminology within the claim before the acronym can be used in the claim. The acronym “ID” will be interpreted as “identifier” as known in the art since the specification does not define it and the acronym “QR” will be interpreted as “Quick Response” per [0062] of the specification.
Appropriate correction is required.
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 1-8 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.
Claims 1 and 5 recite, “the attendee functionalities allowing an attendee to control the camera feed.” There is insufficient antecedent basis for “the camera feed” in the claim. Examiner suggests amending as “to control a camera feed.”
Claims 1 and 5 recite, “a chatbot allowing the retrieval of details”. There is insufficient antecedent basis for “the retrieval” in the claim. Examiner suggests amending as “a chatbot allowing retrieval of details”.
Claims 2-4 and 6-8 are also rejected because of their dependencies on claims 1 or 5.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3, and 4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A, Prong 1: Independent claim 1 recites, “A method for live streaming marketing events, comprising the steps of: proving at least one video feed;
providing at least one display; providing a live streaming marketing events application having attendee and presenter functionalities; the presenter functionalities allowing a presenter to display at least one simplified QR code associated with at least one displayed product or service, the simplified QR code being based on an original QR code corresponding to the associated at least one displayed product or a service; and
the attendee functionalities allowing an attendee to control the camera feed
and scan one of the at least one simplified QR code corresponding to a desired displayed product or service; providing a chatbot allowing the retrieval of details of a product or service corresponding to the scanned simplified QR code, and adding the product or service corresponding to the scanned simplified QR code to a shopping cart;
wherein the details of the product or service corresponding to the scanned simplified QR code are determined using an original .xml feed of the product or service corresponding to the scanned simplified QR code.” These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity. The claimed invention provides information and a product or service which are commercial interactions and sales activities. That is, the steps of the method of the invention is providing, or making available, a system that will allow a user to participate in a live stream event (the use of the system or the implementation of the live stream event is not within the scope of the claimed method steps). The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
Step 2A, Prong 2: This judicial exception is not integrated into a practical application. It is noted, per above, that use of the particular system elements (In particular, video feed, at least one display, a live stream marketing events application, at least one QR code, and at least one simplified QR code) is not specifically claimed by the recited method steps, but rather that they are made available. Even if considering these elements as additional elements, the at least one video feed, at least one display, a live stream marketing events application, at least one QR code, and at least one simplified QR code 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. The same applies when considering the additional elements in combination. 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 claim is directed to an abstract idea.
Step 2B: The claim does 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 at least one video feed, at least one display, a live stream marketing events application, at least one QR code, and at least one simplified QR code are generic elements which are not significantly more than the abstract idea. Therefore, the claim is are not patent eligible.
Dependent claims 3 and 4, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent Claim 1 without significantly more.
Claim 3 recites, “A method for live streaming marketing events in accordance with claim 1, wherein the attendee functionalities are provided via a communication device selected from the group consisting of a smart phone, a smart tablet and a smart TV.” The italicized elements are additional elements that 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. The same applies when considering the additional elements in combination.
Claim 4 recites, “A method for live streaming marketing events in accordance with claim 3, wherein the communication device is provided with Virtualized Function, Multi-access Edge Computing and a Subscriber Identification Module.” The italicized elements are additional elements that 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. The same applies when considering the additional elements in combination.
As such, when claims 1, 3 and 4 are considered individually, as a whole, or in combinations, the claims are not patent eligible.
Examiner notes that claims 2 recites additional elements that integrate the abstract into a practical application.
Examiner notes that claims 5-10 do not recite an abstract idea.
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 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Piernot (P. G. Pub. No. 2012/0030359), in view of Bayat (P. G. Pub. No. 2022/0337911), in further view of Kristoff (NPL “How to Create QR Codes that Last Forever”).
Regarding claim 9, Piernot teaches
A method of generating a simplified QR code, the method comprising the steps of (abstract, [0025] "the shortened NRIs may be encoded in QR codes"):
generating a dataset containing the original QR code and information related to the selected product or the selected service in a database ([0025] "The shortened NRI expansion module 218 is configured to provide NRI shortening service for the computing devices 108. In an embodiment, the shortened NRI expansion module utilizes at least one shortened NRI database, which includes a list of shortened NRIs and corresponding original NRIs, to correlate received shortened NRIs with corresponding original NRIs. The shortened NRI database may be stored in the memory 216 or in any other memory accessible by the shortened NRI expansion module. The shortened NRIs can be viewed as substitute or replacement NRIs of the original NRIs with fewer characters than the original NRIs. As an example, the original NRIs may include tens or hundreds of characters, e.g., more than 25 characters, while the shortened NRIs may include only few characters, e.g., less than 25 characters. As used herein, "characters" include alphanumeric characters and symbols. The shortened NRIs are generated so that requests for network resources from computing devices using the shortened NRIs are directed to the mediation system 106, e.g., the server 210. The shortened NRIs may be created by users or automatically created by a shortening algorithm, which are then included in the shortened NRI database. In an embodiment, the shortened NRIs may be encoded in QR codes, which are two-dimensional bar codes, so that the shortened NRIs can be extracted from the QR codes. Thus, in this embodiment, a user of a computing device is able to take a picture of a QR code with an encoded shortened NRI using the camera feature of the computing devices to extract the encoded shortened NRI from the QR code to make a request for network resources using the extracted shortened NRI. Upon receiving the requests for network resources using the shortened NRIs, the shortened NRI expansion module fetches the requested network resources using the original NRIs as specified in the shortened NRI database. In order to fetch the requested network resources, the shortened NRI expansion module generates and transmits requests for the network resources using the corresponding original NRIs in response to the received requests for the network resources from the computing devices using the shortened NRIs." See also [0026].);
generating a dataset look-up table linking the simplified QR code with its corresponding original QR code and information ([0025] "The shortened NRI expansion module 218 is configured to provide NRI shortening service for the computing devices 108. In an embodiment, the shortened NRI expansion module utilizes at least one shortened NRI database, which includes a list of shortened NRIs and corresponding original NRIs, to correlate received shortened NRIs with corresponding original NRIs. The shortened NRI database may be stored in the memory 216 or in any other memory accessible by the shortened NRI expansion module. The shortened NRIs can be viewed as substitute or replacement NRIs of the original NRIs with fewer characters than the original NRIs. As an example, the original NRIs may include tens or hundreds of characters, e.g., more than 25 characters, while the shortened NRIs may include only few characters, e.g., less than 25 characters. As used herein, "characters" include alphanumeric characters and symbols. The shortened NRIs are generated so that requests for network resources from computing devices using the shortened NRIs are directed to the mediation system 106, e.g., the server 210. The shortened NRIs may be created by users or automatically created by a shortening algorithm, which are then included in the shortened NRI database. In an embodiment, the shortened NRIs may be encoded in QR codes, which are two-dimensional bar codes, so that the shortened NRIs can be extracted from the QR codes. Thus, in this embodiment, a user of a computing device is able to take a picture of a QR code with an encoded shortened NRI using the camera feature of the computing devices to extract the encoded shortened NRI from the QR code to make a request for network resources using the extracted shortened NRI. Upon receiving the requests for network resources using the shortened NRIs, the shortened NRI expansion module fetches the requested network resources using the original NRIs as specified in the shortened NRI database. In order to fetch the requested network resources, the shortened NRI expansion module generates and transmits requests for the network resources using the corresponding original NRIs in response to the received requests for the network resources from the computing devices using the shortened NRIs." See also [0026].).
Piernot does not specifically teach
obtaining an original QR code of a selected product or a selected service;
obtaining an event ID;
generating an associated simplified QR code using the original QR code and the event ID.
However, Bayat teaches
obtaining an original QR code of a selected product or a selected service ([0110] "In operation 502, the streaming media management engine detects visual markers ( or indicators) associated with a product that is displayed in a scene depicted in a video frame. The visual markers may be detected based on image analysis of the depicted scene. The visual markers may, for example, be affixed directly to the product. In some embodiments, the visual markers may encode data representing product information for the product. For example, one or more visual markers containing machine-readable labels/indicia ( e.g., barcodes such as, for example, a QR code) may encode information about the featured product, such as type, brand, model, design, shape, color, patterns, size, manufacturer, and stock availability. The visual markers may be detected based on image analysis of the depicted scene in the video frame.");obtaining an event ID ([0038] "In some embodiments, a customer may interact with the platform 100 through a customer device 150 (e.g., computer, laptop computer, mobile computing device, or the like), a POS device 152 ( e.g., retail device, kiosk, automated (self-service) checkout system, or the like), and/or any other commerce interface device known in the art." [0062] "Other examples of live streams include scheduled events[event identifier] such as concerts, sporting events, and product promotions." See also [0054].).
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 system of Piernot by adding obtaining an original QR code of a selected product or a selected service;
obtaining an event ID, as taught by Bayat, since Piernot and Bayat are analogous art in order to encode information about featured products (Bayat, [0110]).
Piernot discusses linking an original NRI (i.e. URL) into a short NRI and encoding it into a QR code. Piernot and Bayat do not explicitly teach
generating an associated simplified QR code using the original QR code and the event ID; and linking a simplified QR code with its corresponding original QR code.
However, Kristoff teaches
generating an associated simplified QR code using the original QR code and the event ID; and linking a simplified QR code with its corresponding original QR code (pages 4-6, event id is "pet appreciation week").
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 Piernot and Bayat by adding generating an associated simplified QR code using the original QR code and the event ID; and linking a simplified QR code with its corresponding original QR code, as taught by Kristoff, since Piernot, Bayat, and Kristoff are analogous art, and in order to create more readable code that can be used at smaller sizes without sacrificing readability (Kristoff, ps. 5-6).
Regarding claim 10, Piernot teaches
A system of generating a simplified QR code, comprising (abstract, [0025] "the shortened NRIs may be encoded in QR codes"):
a database; at least one processor in communication with an input/output interface and a database, the at least one processor having an associated memory comprising instructions stored thereon that when executed on the at least one processor perform the steps of ([0024] and [0025]):
generating a dataset containing the original QR code and information related to the selected product or the selected service; storing the dataset in the database ([0025] "The shortened NRI expansion module 218 is configured to provide NRI shortening service for the computing devices 108. In an embodiment, the shortened NRI expansion module utilizes at least one shortened NRI database, which includes a list of shortened NRIs and corresponding original NRIs, to correlate received shortened NRIs with corresponding original NRIs. The shortened NRI database may be stored in the memory 216 or in any other memory accessible by the shortened NRI expansion module. The shortened NRIs can be viewed as substitute or replacement NRIs of the original NRIs with fewer characters than the original NRIs. As an example, the original NRIs may include tens or hundreds of characters, e.g., more than 25 characters, while the shortened NRIs may include only few characters, e.g., less than 25 characters. As used herein, "characters" include alphanumeric characters and symbols. The shortened NRIs are generated so that requests for network resources from computing devices using the shortened NRIs are directed to the mediation system 106, e.g., the server 210. The shortened NRIs may be created by users or automatically created by a shortening algorithm, which are then included in the shortened NRI database. In an embodiment, the shortened NRIs may be encoded in QR codes, which are two-dimensional bar codes, so that the shortened NRIs can be extracted from the QR codes. Thus, in this embodiment, a user of a computing device is able to take a picture of a QR code with an encoded shortened NRI using the camera feature of the computing devices to extract the encoded shortened NRI from the QR code to make a request for network resources using the extracted shortened NRI. Upon receiving the requests for network resources using the shortened NRIs, the shortened NRI expansion module fetches the requested network resources using the original NRIs as specified in the shortened NRI database. In order to fetch the requested network resources, the shortened NRI expansion module generates and transmits requests for the network resources using the corresponding original NRIs in response to the received requests for the network resources from the computing devices using the shortened NRIs." See also [0026].);
generating a dataset look-up table linking the simplified QR code with its corresponding original **URL** code and information stored in the database ([0025] "The shortened NRI expansion module 218 is configured to provide NRI shortening service for the computing devices 108. In an embodiment, the shortened NRI expansion module utilizes at least one shortened NRI database, which includes a list of shortened NRIs and corresponding original NRIs, to correlate received shortened NRIs with corresponding original NRIs. The shortened NRI database may be stored in the memory 216 or in any other memory accessible by the shortened NRI expansion module. The shortened NRIs can be viewed as substitute or replacement NRIs of the original NRIs with fewer characters than the original NRIs. As an example, the original NRIs may include tens or hundreds of characters, e.g., more than 25 characters, while the shortened NRIs may include only few characters, e.g., less than 25 characters. As used herein, "characters" include alphanumeric characters and symbols. The shortened NRIs are generated so that requests for network resources from computing devices using the shortened NRIs are directed to the mediation system 106, e.g., the server 210. The shortened NRIs may be created by users or automatically created by a shortening algorithm, which are then included in the shortened NRI database. In an embodiment, the shortened NRIs may be encoded in QR codes, which are two-dimensional bar codes, so that the shortened NRIs can be extracted from the QR codes. Thus, in this embodiment, a user of a computing device is able to take a picture of a QR code with an encoded shortened NRI using the camera feature of the computing devices to extract the encoded shortened NRI from the QR code to make a request for network resources using the extracted shortened NRI. Upon receiving the requests for network resources using the shortened NRIs, the shortened NRI expansion module fetches the requested network resources using the original NRIs as specified in the shortened NRI database. In order to fetch the requested network resources, the shortened NRI expansion module generates and transmits requests for the network resources using the corresponding original NRIs in response to the received requests for the network resources from the computing devices using the shortened NRIs." See also [0026].).
Piernot does not specifically teach
obtaining an original QR code of a selected product or a selected service via the input/output interface;
obtaining an event ID via the input/output interface;
generating an associated simplified QR code using the original QR code and the event ID;
and linking a simplified QR code with its corresponding original QR code.
However, Bayat teaches
obtaining an original QR code of a selected product or a selected service via the input/output interface ([0110] "In operation 502, the streaming media management engine detects visual markers ( or indicators) associated with a product that is displayed in a scene depicted in a video frame. The visual markers may be detected based on image analysis of the depicted scene. The visual markers may, for example, be affixed directly to the product. In some embodiments, the visual markers may encode data representing product information for the product. For example, one or more visual markers containing machine-readable labels/indicia ( e.g., barcodes such as, for example, a QR code) may encode information about the featured product, such as type, brand, model, design, shape, color, patterns, size, manufacturer, and stock availability. The visual markers may be detected based on image analysis of the depicted scene in the video frame.");obtaining an event ID via the input/output interface ([0038] "In some embodiments, a customer may interact with the platform 100 through a customer device 150 (e.g., computer, laptop computer, mobile computing device, or the like), a POS device 152 ( e.g., retail device, kiosk, automated (self-service) checkout system, or the like), and/or any other commerce interface device known in the art." [0062] "Other examples of live streams include scheduled events[event identifier] such as concerts, sporting events, and product promotions." See also [0054].).
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 system of Piernot by adding obtaining an original QR code of a selected product or a selected service via the input/output interface; obtaining an event ID via the input/output interface, as taught by Bayat, since Piernot and Bayat are analogous art in order to encode information about featured products (Bayat, [0110]).
Piernot discusses linking an original NRI (i.e. URL) into a short NRI and encoding it into a QR code. Piernot and Bayat do not explicitly teach
generating an associated simplified QR code using the original QR code and the event ID; and linking a simplified QR code with its corresponding original QR code.
However, Kristoff teaches
generating an associated simplified QR code using the original QR code and the event ID; and linking a simplified QR code with its corresponding original QR code (pages 4-6, event id is "pet appreciation week").
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 Piernot and Bayat by adding generating an associated simplified QR code using the original QR code and the event ID; and linking a simplified QR code with its corresponding original QR code, as taught by Kristoff, since Piernot, Bayat, and Kristoff are analogous art, and in order to create more readable code that can be used at smaller sizes without sacrificing readability (Kristoff, ps. 5-6).
Potentially Allowable Subject Matter
Claims 1-8 are potentially allowable once the above rejections and objections have been overcome.
The following is a statement of reasons for the indication of potentially allowable subject matter of claims 1-8:
An extensive search found the following references:
Bayat (2022/0337911) discusses a live video stream that uses an application with attendee and presenter functionalities. The live video stream shows products with QR codes that an attendee can scan and then place in a shopping cart. However, the QR code is not a simplified QR code.
Kilaru (2012/0151524) discusses modifying an original QR code with viewing data of an advertisement viewed during a broadcast to make another QR code. However, since more data is added to the original QR code, the QR code is not simplified.
Piernot (2012/0030359) discusses shortening URLs to make a smaller QR code. Piernot also discusses linking the shortened NRIs to the original NRIs in a database and discusses allowing users to use shortened URLs instead of original URLs to access resources on the internet but Piernot does not discuss that an original QR code is being used or that is it linked to an event ID or products or services.
Burkhart (2019/0294844) discusses changing a dynamic QR code from previously displayed dynamic QR code based upon a set of contemporaneous data elements associated the retail environment within which the item is displayed. However, the dynamic QR code is not simplified.
Gagnon-Volles (2016/0155162) discusses an on-line social shopping network or platform where consultants display products to guests. Product images are place in a scroll gallery and guest can place the items into a remote shopping cart. However, QR codes are not being used.
Windmueller (2014/0306019) discusses modifying a URL and generating a two-dimensional barcode using the URL.
Harston (2013/0188095) discusses capturing a scannable icon or QR code in a video and provide additional information. Harston provides a lookup table
Daudelin (2015/0079959) discusses that a conference attendee can scan a QR code or enter a TinyURL to direct the attendee to a website.
NPL “How to Create QR Codes that Last Forever” discusses QR code made from original URLs and then the creation of a more readable code by using a shorter URL to produce a QR code of a smaller size.
Yeiser (2022/0270143) discusses streaming live advertising that provides user access to streaming content and coordinates collaboration between a host, who directs a sales presentation, a presenter, provides the sales presentation of a product under direction by the host, and a supplier of the product.
Shenk (12,106,359) discusses an online social and collaborative commerce system and method thereof that provides an interactive and virtual personal shopping experience through a platform that facilitates direct selling of products or services. The experience may utilize a network of independent representatives, consultants or stylist to sell the products or services to consumers or guests. In one illustrative embodiment, information is received from a hostess to begin a direct selling event. A stylist may be matched with the event and a set of hostess' guests are invited. A chatbot is provided so that the guest can chat with the stylists.
Knezi (2022/0284495) discusses providing live interactive advice regarding products through a user scanning a QR-code by a user device.
However, none of these references by themselves or in combination teach to the specificity of the independent claims 1 and 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIE P. BRADY whose telephone number is (571)272-4855. The examiner can normally be reached Tues-Thurs 8:00 - 2:00 ET.
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, Ilana Spar can be reached on (571)270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIE P BRADY/Primary Examiner, Art Unit 3622