DETAILED ACTION
Amendment received on February 13, 2026 has been acknowledged. Claims 2-5, 7, and 9-10 have been cancelled and amendments to claims 1, 6 and 8 have been entered. Therefore, claims 1, 6 and 8 are pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries 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.
Claim(s) 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Madden U.S. Patent #9,978,086 in view of Kim Korean Patent Application Publication KR 102389764.
As per Claim 1, Madden discloses an information processing apparatus that is mountable on a shopping cart handled by a customer, moves around a sales floor with the shopping cart (Figure 2, depicts Optimizer with Display Screen 210), comprising:
a wireless reader having a wireless reading range covering an opening of a basket of the shopping cart, the reader configured to wirelessly read, from a wireless tag attached to a product for sale in the sales floor (Figure 2, Sensor Field 220, that is operable to detect when consumer 206 places a purchasable-unit into the shopping cart 208… Col.16, lines 16-20 discusses the chosen purchasable-units may be detected by the user's optimizer shopping cart, such as optimizer shopping cart 208, after passing through the cart's sensor field 220),
specific information for uniquely identifying the product and price of the product for the processing relating to product registration (Col.16, lines 27-32 discusses the number and identity of the chosen purchasable-units may be recorded in the optimizer device's software, such that the optimizer device may then determine the total number and type of chosen purchasable-units and 30 compute and display a total price and other purchase-related information);
a communication device that communicates with a server apparatus (Col.8, lines 15-18 discusses the optimizer device 110 may also include a transceiver for transmitting and receiving computer transmissions to and from network 130 and, therefore, through network 130 to any of the local point-of-recognition optimizer servers 104),
the server apparatus managing discount information of a product sold in the sales floor, outputting information regarding a discounted product (Figure 1, Point-of-Recognition Optimizer Servers 104…Col., 11, lines 30-33 discusses where the offer may be routed and transmitted by the point-of-recognition servers 104 and/or 140 to the optimizer device 110 for display to user 106), and
registering a product on a basis of the specific information input by the input device (Col.11, lines 33-36 discusses the user 106 may then chose to accept the offer, for example, by inputting an acceptance selection via the optimizer device 110 or by placing the offered purchasable unit in the user container 108…Col.17, lines 62-64 discusses registers or identifies a specific product, for example, the recognized purchasable-unit identified with the optimizer device 110);
a display device that displays information regarding the product registered by the server apparatus (Figure 2, Optimizer With Display Screen 210); and
a controller configured to acquire the information regarding a discounted product from the server via the communication device, and display the acquired information regarding a discounted product on the display device (Col.14, lines 38-44 discusses outbidding manufacturer A may send an offer 214, which can include product advertisements, electronic coupons, or other incentives, to the point-of-recognition optimizer servers 104 and/or 140, where the point-of-recognition optimizer servers 104 and/or 140 may transmit the offer 214 to optimizer device 210 for display to consumer 206).
Madden discloses all the limitations of the claim except for explicitly stating the functions of a controller, but it is known in the art to provide a computerized device, i.e. optimizer device 110, with an input, display, and a controller. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the method and system of Madden with the computerized device, in order to communicate product promotions with a server to a customer.
However, Madden fails to disclose
request, in a case where the specific information is read by the reader, price difference information on same-kind products having a same product barcode as the identified product, acquire the price difference information;
display the acquired a registration screen including a price and a first use-by date of the identified product and a discounted price and a second use-by date of information regarding a discounted same-kind product on the display device based on the acquired price difference information, the first use-by date being different from the second use-by date, the registration screen being capable of proceeding to a registration request for the discounted same-kind product, and transmit, in a case where the registration request for the discounted same-kind product is generated via the registration screen, the registration request for the discounted same-kind product to the server apparatus via the communication device.
Kim teaches request, in a case where the specific information is read by the reader (pg.3, paragraph 10, discusses by displaying the code information C1 of the product P in the window w1 (that is, the user performs a scanning operation), the store application reads (scans) the code information C1),
price difference information on same-kind products having a same product barcode as the identified product (pg.4, paragraph 4, discusses if the product P for which the code information C1 has been read is not a product subject to price reduction, it may be displayed that the product is not subject to price reduction, or the date on which the product is scheduled to be subject to price reduction may be displayed. May be good. The window w2 may include information on the discount price and the discount rate (or volatility) from the regular price).
acquire the price difference information from the server apparatus via the communication device (pg.3, paragraph 6, discusses The application server 5 is configured to perform predetermined processing in response to an inquiry or request from the store application and return the processing result to the store application…pg.4, paragraph 1, discusses the electronic device 10 may separately manage the remaining expiration date of the second item, and may also determine a sale price to be different from that of the first item);
display a registration screen including a price and a first use-by date of the identified product and a discounted price and a second use-by date of information regarding a discounted same-kind product on the display device based on the acquired price difference information (pg.3, paragraph 9 discusses the information of the first item may be provided on the first page, and the information of the second item may be provided on the second page, where the first page and the second page may be different pages…pg.4, paragraph 5 the user terminal 20 may provide information on the plurality of second items including a sale price, a discount rate, and a remaining discount period for each of the plurality of second items… pgs.3, paragraph 7 discusses the first identification information and the second identification information are different, and the second item is the same item as the first item, but after being classified as a second item, the product identification information is different from the first item and a different sales deadline is managed),
the first use-by date being different from the second use-by date (pg.3, paragraph 2, discusses the electronic device 10 may separately manage the remaining expiration date of the second item, and may also determine a sale price to be different from that of the first item…pg.5, paragraphs 5-6 discusses the SKUs with the remaining expiration date of 7 days or less are classified as the first set of SKUs. and may be allocated as the second item… SKUs with a remaining expiration date greater than the first period will remain as the SKUs corresponding to the first item 100 (NO at 120 ), and SKUs with a remaining shelf life of less than or equal to the first period are converted to the first set of SKUs 130 . will be sorted (yes at 120). In addition, the first set of SKUs 130 may be allocated to the second item 200 and managed with different identification information from the first item),
the registration screen being capable of proceeding to a registration request for the discounted same-kind product (pg.4, paragraph 5 discusses the user terminal 20 may receive a purchase request for the second item from the user), and
transmit, in a case where the registration request for the discounted same-kind product is generated via the registration screen, the registration request for the discounted same-kind product to the server apparatus via the communication device (pg.4, paragraph 5, discusses the user terminal 20 may transmit a purchase request to the electronic device 10 and provide a shopping cart page including discount information on the second item in response to the purchase request).
The cited portion of Kim teaches a system and method capable of providing a user with product information of two of the same kind of item both with different expiration dates and providing the ability for a user to purchase the second item for a discounted price.
Kim teaches the claimed invention except for displaying the first and second item on the same page. It would have been an obvious matter of design choice to display the first and second item on separate pages, since applicant has not disclosed that displaying the first and second item on the same page solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with displaying the first and second item on separate pages.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to determine a discount for a product having a closer expiration date of a desired product and provide the product for purchase as in the improvement discussed in Kim in the system executing the method of Madden. As in Kim, it is within the capabilities of one of ordinary skill in the art to display a second product of the same type with a closer expiration for a discounted price to the system and method of Madden with the predicted result of presenting a second product for sale for a discounted prices as needed in Madden.
As per Claim 8, Madden discloses a product information notification system, comprising:
an information processing apparatus that is mountable on a shopping cart handled by a customer, moves around a sales floor with the shopping cart (Figure 2, depicts Optimizer with Display Screen 210)
a server apparatus capable of communicating with the information processing apparatus (Figure 1, Server 104),
wherein the server apparatus manages discount information of a product sold in the sales floor and outputs information regarding a discounted product (Col.11, lines 31-33 discusses where the offer may be routed and transmitted by the point-of-recognition servers 104 and/or 140 to the optimizer device 110 for display to user 106), and
registers a product on a basis of specific information for specifying a product and a price of the product (Col.11, lines 33-36 discusses the user 106 may then chose to accept the offer, for example, by inputting an acceptance selection via the optimizer device 110 or by placing the offered purchasable unit in the user container 108 … Col.17, lines 62-64 discusses registers or identifies a specific product, for example, the recognized purchasable-unit identified with the optimizer device 110), and
the information processing apparatus includes
a wireless reader having a wireless reading range covering an opening of a basket of the shopping cart, the reader configured to wirelessly read, from a wireless tag attached to a product for sale in the sales floor (Figure 2, Sensor Field 220, that is operable to detect when consumer 206 places a purchasable-unit into the shopping cart 208… Col.16, lines 16-20 discusses the chosen purchasable-units may be detected by the user's optimizer shopping cart, such as optimizer shopping cart 208, after passing through the cart's sensor field 220),
specific information for uniquely identifying the product and price of the product for the processing relating to product registration (Col.16, lines 27-32 discusses the number and identity of the chosen purchasable-units may be recorded in the optimizer device's software, such that the optimizer device may then determine the total number and type of chosen purchasable-units and 30 compute and display a total price and other purchase-related information);
a communication device that communicates with the server apparatus (Col.8, lines 15-18 discusses the optimizer device 110 may also include a transceiver for transmitting and receiving computer transmissions to and from network 130 and, therefore, through network 130 to any of the local point-of-recognition optimizer servers 104),
a display device that displays information regarding the product registered by the server apparatus (Figure 2, Optimizer With Display Screen 210), and
a controller configured to acquire the information regarding a discounted product from the server via the communication device, and display the acquired information regarding a discounted product on the display device (Col.14, lines 38-44 discusses outbidding manufacturer A may send an offer 214, which can include product advertisements, electronic coupons, or other incentives, to the point-of-recognition optimizer servers 104 and/or 140, where the point-of-recognition optimizer servers 104 and/or 140 may transmit the offer 214 to optimizer device 210 for display to consumer 206).
Madden discloses all the limitations of the claim except for explicitly stating the functions of a controller, but it is known in the art to provide a computerized device, i.e. optimizer device 110, with an input, display, and a controller. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the method and system of Madden with the computerized device, in order to communicate product promotions with a server to a customer.
However, Madden fails to disclose
request, in a case where the specific information is read by the reader, price difference information on same-kind products having a same product barcode as the identified product, acquire the price difference information;
display the acquired a registration screen including a price and a first use-by date of the identified product and a discounted price and a second use-by date of information regarding a discounted same-kind product on the display device based on the acquired price difference information, the first use-by date being different from the second use-by date, the registration screen being capable of proceeding to a registration request for the discounted same-kind product, and transmit, in a case where the registration request for the discounted same-kind product is generated via the registration screen, the registration request for the discounted same-kind product to the server apparatus via the communication device.
Kim teaches request, in a case where the specific information is read by the reader (pg.3, paragraph 10, discusses by displaying the code information C1 of the product P in the window w1 (that is, the user performs a scanning operation), the store application reads (scans) the code information C1),
price difference information on same-kind products having a same product barcode as the identified product (pg.4, paragraph 4, discusses if the product P for which the code information C1 has been read is not a product subject to price reduction, it may be displayed that the product is not subject to price reduction, or the date on which the product is scheduled to be subject to price reduction may be displayed. May be good. The window w2 may include information on the discount price and the discount rate (or volatility) from the regular price).
acquire the price difference information from the server apparatus via the communication device (pg.3, paragraph 6, discusses The application server 5 is configured to perform predetermined processing in response to an inquiry or request from the store application and return the processing result to the store application…pg.4, paragraph 1, discusses the electronic device 10 may separately manage the remaining expiration date of the second item, and may also determine a sale price to be different from that of the first item);
display a registration screen including a price and a first use-by date of the identified product and a discounted price and a second use-by date of information regarding a discounted same-kind product on the display device based on the acquired price difference information (pg.3, paragraph 9 discusses the information of the first item may be provided on the first page, and the information of the second item may be provided on the second page, where the first page and the second page may be different pages…pg.4, paragraph 5 the user terminal 20 may provide information on the plurality of second items including a sale price, a discount rate, and a remaining discount period for each of the plurality of second items… pgs.3, paragraph 7 discusses the first identification information and the second identification information are different, and the second item is the same item as the first item, but after being classified as a second item, the product identification information is different from the first item and a different sales deadline is managed),
the first use-by date being different from the second use-by date (pg.3, paragraph 2, discusses the electronic device 10 may separately manage the remaining expiration date of the second item, and may also determine a sale price to be different from that of the first item…pg.5, paragraphs 5-6 discusses the SKUs with the remaining expiration date of 7 days or less are classified as the first set of SKUs. and may be allocated as the second item… SKUs with a remaining expiration date greater than the first period will remain as the SKUs corresponding to the first item 100 (NO at 120 ), and SKUs with a remaining shelf life of less than or equal to the first period are converted to the first set of SKUs 130 . will be sorted (yes at 120). In addition, the first set of SKUs 130 may be allocated to the second item 200 and managed with different identification information from the first item),
the registration screen being capable of proceeding to a registration request for the discounted same-kind product (pg.4, paragraph 5 discusses the user terminal 20 may receive a purchase request for the second item from the user), and
transmit, in a case where the registration request for the discounted same-kind product is generated via the registration screen, the registration request for the discounted same-kind product to the server apparatus via the communication device (pg.4, paragraph 5, discusses the user terminal 20 may transmit a purchase request to the electronic device 10 and provide a shopping cart page including discount information on the second item in response to the purchase request).
The cited portion of Kim teaches a system and method capable of providing a user with product information of two of the same kind of item both with different expiration dates and providing the ability for a user to purchase the second item for a discounted price.
Kim teaches the claimed invention except for displaying the first and second item on the same page. It would have been an obvious matter of design choice to display the first and second item on separate pages, since applicant has not disclosed that displaying the first and second item on the same page solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with displaying the first and second item on separate pages.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to determine a discount for a product having a closer expiration date of a desired product and provide the product for purchase as in the improvement discussed in Kim in the system executing the method of Madden. As in Kim, it is within the capabilities of one of ordinary skill in the art to display a second product of the same type with a closer expiration for a discounted price to the system and method of Madden with the predicted result of presenting a second product for sale for a discounted prices as needed in Madden.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Madden U.S. Patent #9,978,086 in view of Kim Korean Patent Application Publication KR 102389764 further in view of Wohlert, U.S. Patent Application Publication 2015/0317667.
As per Claim 6, the Madden-Kim combination discloses the information processing apparatus according to claim 1.
Kim teaches a first and second page capable of displaying a first and second.
However, Madden fails to disclose wherein the controller is further configured to acquire position information indicating a display position of [[a]] the discounted same-kind product in the sales floor and display a map indicating the display position on the display device
Wohlert teaches wherein the controller is further configured to acquire position information indicating a display position of [[a]] the discounted same-kind product in the sales floor and display a map indicating the display position on the display device
Therefore it would have been obvious to one of ordinary skill in the art of in-store promotions before the effective filing date of the claimed invention to modify the system of the Madden-Kim combination to include the ability to track a user within a store and provide a map displaying the location of the discounted product as taught by Wohlert, to provide a notification of a discount price for an item. Abstract
Conclusion
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 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 ASHFORD S HAYLES whose telephone number is (571)270-5106. The examiner can normally be reached M-F 6AM-4PM with Flex.
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/ASHFORD S HAYLES/Primary Examiner, Art Unit 3627
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