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 .
DETAILED ACTION
Claims 1-6, 8-21 have been examined.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot in view of the new ground(s) of rejection. On 1/26/26, Applicant amended the claims. Applicant’s Remarks address these new features. See the new 103 with new citations and motivations to Kularni that addresses these new features.
Also, the 101 is still found to apply. No additional elements beyond the generic have been added or found. See the 101 below. Also, the machine learning use is considered generic as no details are given concerning its model type, input, or operations.
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.
Independent Claims 1, 8, 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims are in a statutory category of invention. However, the claims recite receive a first message that includes a first codeword; transmit a first request, wherein the first API is selected based on the first codeword, and the first request includes information from the first text message and a set of credentials; receive, a first confirmation of the first request wherein the first request in response to verifying the set of credentials; output, to a user device, an indication of the first confirmation; receive a suggested promo code; output, to the user device, an indication of the suggested promo code wherein the indication of the suggested promo code includes information; receive a second message that includes a second codeword; transmit a second request wherein the second API is selected based on the second codeword, and the second request includes information from the second message; receive second confirmation of the second request; and output, to the user device, an indication of the second confirmation; and a first and second codeword identifying a first and second merchant, where the machine learning is trained to output promo codes application to a transaction with a first merchant. This is considered in the Abstract Idea grouping of certain methods of organizing human activity - advertising, marketing or sales activities or behaviors. This judicial exception is not integrated into a practical application because the claim is directed to an abstract idea with additional generic computer elements. The additional elements are considered one or more memories; and one or more processors, communicatively coupled to the one or more memories, a text message, an API, a second API, provide at least a portion of the first text message to a machine learning model, a link to a webpage encoding the promo code. These are considered generic. The API and machine learning are generic as no specifics are provided in the claim. Also, the machine learning use is considered generic as no details are given concerning its model type, input, or operations. The generically recited computer elements do not add a practical application or meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional limitations only perform well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d). Also, the additional hardware elements are: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structure that serves to perform generic computer functions. Viewed separately or as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amounts to significantly more than the abstract idea itself. The claim does not provide significantly more than the identified abstract idea, in that there is no improvement to another technology or technical field, no improvement to the functioning of a computer, no application with, or by use of a particular machine, no transformation or reduction of a particular article to a different state or thing, no specific limitation other than what is well-understood, routing and conventional in the field, no unconventional step that confines the claim to a particular useful application, or meaningful limitations that amount to more than generally linking the use of the abstract idea to a particular technological environment. Therefore, the claims are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Dependent claims 2-6, 9-14, 16-21 are not considered directed to any additional non-abstract claim elements. These claims have shipment tracking and push notifications and promotional codes. Claim 21 has retraining the machine learning. But, these features are at a high, unspecific level so are considered generic. Rather, these claims offer further descriptive limitations of elements found in the independent claims and addressed above. While these descriptive elements may provide further helpful description for the claimed invention, these elements do not confer subject matter eligibility to the invention since their individual and combined significance is still not more than the abstract concepts identified in the claimed invention. Hence, these dependent claims are also rejected under 101.
Please see the 35 USC 101 section at the Examination Guidance and Training Materials page on the USPTO website.
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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 8-18, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Li (20180352394) in view of Kulkarni (20140324527).
Claims 1, 8, 15. Examiner notes text message systems at [18]. Li discloses a system for using text messages with integrated application programming interfaces (APIs), the system comprising:
one or more memories; and one or more processors, communicatively coupled to the one or more memories (Fig. 1), configured to:
receive a first text message that includes a first codeword (see messaging and select one API of many based on specific term at [52] and “[53]… the internet services interface module 328 may be configured to select an API from among a plurality of known APIs based, at least in part, on the indication of the selected internet service included in the query request” and “[91]… In particular, the internet services interface module 326 may select an API based on the indication of the desired internet service included in the query request 220 to generate an API call 332 that incorporates the one or more search terms of the query request”; also see Fig. 10 with item 1002 as codeword for API to use; also note use of text messaging and SMS at [2, 3]). Also, in further regards to text messages and codewords, Li discloses using SMS/text and encoded messages and content to an API ([28, 29] and also [35]). Li further discloses identifying a first merchant. Li discloses Internet services that can be services and retailers/businesses (note YELP and other services/merchants at [51], also see Nordstrom’s etc at [52]) and selecting particular API based on particular words ([52], note particular API for YELP service/retailer) and different API for each service/merchant (“[53]… In some examples, the user may select multiple internet services for performing a search (e.g., MACYS, SAKS, and NORDSTROMS). Thus, in at least one aspect, the query request 220 includes an indication of multiple internet services that were selected by the user. In response, the internet services interface module 328 may select a respective API for each of the internet services indicated in the query request 220.”). Li also discloses encoded word in messages that is communicated [81] and particular code/encode/codeword/identifier for a particular service/merchant ([97] and identifier and YELP, also see [102] with encoded message that also indicates YELP service/merchant) and particular words and code leads to particular service/merchant API (see [98] with YELP api is used because of particular indication). Hence, Li discloses a text message with a codeword/identifier that identifies a first merchant.
Li further discloses transmit a first request to a first API, wherein the first API is selected based on the first codeword and is particular to the first merchant. Li discloses using SMS/text and encoded messages and content to an API ([28, 29] and also [35]). Li further discloses identifying a first merchant. Li discloses selecting particular API based on particular words ([52], note particular API for YELP service/retailer) and different API for each service/merchant (“[53]… In some examples, the user may select multiple internet services for performing a search (e.g., MACYS, SAKS, and NORDSTROMS). Thus, in at least one aspect, the query request 220 includes an indication of multiple internet services that were selected by the user. In response, the internet services interface module 328 may select a respective API for each of the internet services indicated in the query request 220.”). Li also discloses encoded word in messages that is communicated [81] and particular code/encode/codeword/identifier for a particular service/merchant ([97] and identifier and YELP, also see [102] with encoded message that also indicates YELP service/merchant) and particular words and code leads to particular service/merchant API (see [98] with YELP api is used because of particular indication). Hence, Li discloses transmit a first request to a first API, wherein the first API is selected based on the first codeword and is particular to the first merchant.
Li further discloses wherein the first request includes information from the first text message (see messaging and select one API of many based on specific term at [52] and “[53]… the internet services interface module 328 may be configured to select an API from among a plurality of known APIs based, at least in part, on the indication of the selected internet service included in the query request” and “[91]… In particular, the internet services interface module 326 may select an API based on the indication of the desired internet service included in the query request 220 to generate an API call 332 that incorporates the one or more search terms of the query request”; also see Fig. 10 with item 1002 as codeword for API to use).
Li further discloses receive, from the first API, a first confirmation of the first request (see Fig. 4, items 334, 416, 222, where the response to the user is interpreted as a confirmation that the transmitted message arrived).
Li does not explicitly disclose wherein the first request includes…and a set of credentials…wherein the first API processes the first request in response to verifying the set of credentials. Examiner notes that based on Applicant Spec, credentials is found at [38] and can be interpreted as a name, login, user ID, etc. However, Li discloses af first user device/mobile device (Fig. 7, 1, 2) and a user name and different names at Fig. 12, 14. And, Li discloses a user device and a subscriber user and a subscriber user device [30]. And, Li discloses customizing content that is presented to users (“[65]… to include their content and/or customize the internet services provided to users”). And, Kulkarni discloses Kulkarni user ID and profile and targeted/customized content [0027]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Kulkarni’s user id that gets profile and customized content to the user to Li’s subscriber and particular users and customized content. One would have been motivated to do this in order to better identify and verify users in order to better provide customized content.
Li further discloses output, to a user device, an indication of the first confirmation (see Fig. 4, items 334, 416, 222, where the response to the user is interpreted as a confirmation that the transmitted message arrived);
provide at least a portion of the first text message to a machine learning model ([59] and machine learning module and also machine learning and [54, 55]); output, to the user device, an indication of the machine learning suggested response/content ([54, 55]).
Li does not explicitly disclose in order to receive a suggested promo code, wherein the machine learning model is trained to output a promo code applicable to a transaction with the first merchant; output, to the user device, an indication of the suggested promo code
However, Li discloses machine learning to take the text message content and then determine content and outputting that content [54, 55]. And, Li discloses retailers and Internet retailers [27, 51, 52] and particular retailers associated with particular products [52, 81]. And, Li discloses text messages with promotional/inciting content for businesses like business location, enticing pictures of the business, ratings of the business to promote/incite the user to patron the business (Fig. 12, 13). And, Li discloses returning enticing business info and also additional content that can be advertisements/promotional info (Fig. 13 additional content at item 1304 and additional content can be advertisement info at [103]). And, an advertisement functions as a promotion as it is promoting the business. Also, Li discloses that all returned messages are encoded (Fig. 7, item 708 and 710; also see Fig. 6 and [88] with encoded message responses that are stored in database and table; also see encoded message at [106]). So, the advertisement/promotion response in Li at Fig 13 and [103] is also a coded/encoded response as seen in Li Figs. 7, 6. And, Kularni further discloses incentives/promos applicable to a product at a retailer [5] and particular incentives applicable to a transaction with a merchant [27, 37, 39] and also providing promo/incentive codes to the user ([127, 128], “[127]… the primary computer server 102 may provide electronic product purchase incentives by providing incentive codes”). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Kularni’s targeted promo codes applicable to a transaction with a merchant to Li’s response as an encoded ad and Li’s machine learning for making a response. One would have been motivated to do this in order to better use machine learning to make a response.
And, in further regards to wherein the indication of the suggested promo code includes a link to a webpage encoding the promo code. Li discloses a providing a URL to the user to get more info (Fig. 5, [82], “[87]… In some examples keyword(s) 505 include readable text, such as “More at” to indicate that additional query results are available via the URL 506.”, also see [29]). Li further discloses that the further info at the URL location can include a variety of info related to a merchant/retailer [52, 98]. Li also discloses multiple competing retailers/coffee shops (Fig. 11, “[88]… For example, continuing with the “coffee” example discussed above, the API response 334 from the internet directory service may identify multiple coffee shops.”). And, Li discloses presenting retailer info and additional content (Fig. 13 coffee shop and additional content). And, Kulkarni discloses providing links and incentives [93, 111, 121] and also that the incentives can have promo codes [127]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Kulkarni’s additional info as incentives and promo codes to Li’s providing a link to additional info on retailers. One would have been motivated to do this in order to better provide additional info like incentives between competing retailers.
Li further discloses receive a second text message that includes a second codeword (note that many messages can be sent, and each message is processed separately to get to the appropriate API(s): see messaging and select one API of many based on specific term at [52] and “[53]… the internet services interface module 328 may be configured to select an API from among a plurality of known APIs based, at least in part, on the indication of the selected internet service included in the query request” and “[91]… In particular, the internet services interface module 326 may select an API based on the indication of the desired internet service included in the query request 220 to generate an API call 332 that incorporates the one or more search terms of the query request”; also see Fig. 10 with item 1002 as codeword for API to use) identifying a second merchant (note multiple different services/merchants in the plural at [51, 52]; also see above citations and explanation for identifying first merchant for further description for this feature);
transmit a second request to a second API, wherein the second API is selected based on the second codeword and is particular to the second merchant (note different API in the plural is selected for each of the different services/merchant at “[53]…Accordingly, the internet services interface module 328 may be configured to select an API from among a plurality of known APIs based, at least in part, on the indication of the selected internet service included in the query request 220.” So there is a second API and second merchant; also see above citations and explanation for first API to first merchant for further description for this feature), and wherein the second request includes information from the second text message (note that many messages can be sent, and each message is processed separately to get to the appropriate API(s): see messaging and select one API of many based on specific term at [52] and “[53]… the internet services interface module 328 may be configured to select an API from among a plurality of known APIs based, at least in part, on the indication of the selected internet service included in the query request” and “[91]… In particular, the internet services interface module 326 may select an API based on the indication of the desired internet service included in the query request 220 to generate an API call 332 that incorporates the one or more search terms of the query request”; also see Fig. 10 with item 1002 as codeword for API to use);
receive, from the second API, a second confirmation of the second request (preceding shows note that many messages can be sent, and each message is processed separately to get to the appropriate API(s); and see Fig. 4, items 334, 416, 222, where the response to the user is interpreted as a confirmation that the transmitted message arrived); and
output, to the user device, an indication of the second confirmation (see Fig. 4, items 334, 416, 222, where the response to the user is interpreted as a confirmation that the transmitted message arrived).
In further regards to claim 8, Li further discloses wherein the first merchant is associated with a first API…wherein the second merchant is associated with a second API (Li discloses Internet services that can be services and retailers/businesses, note YELP and other services/merchants at [51], also see Nordstrom’s etc at [52]; and Li discloses selecting particular API based on particular words, see [52], note particular API for YELP service/retailer; and Li discloses different API for each service/merchant: “[53]… In some examples, the user may select multiple internet services for performing a search (e.g., MACYS, SAKS, and NORDSTROMS). Thus, in at least one aspect, the query request 220 includes an indication of multiple internet services that were selected by the user. In response, the internet services interface module 328 may select a respective API for each of the internet services indicated in the query request 220.”; also see [98] with YELP API is used because of particular indication).
Claim 2, 9. Li does not explicitly disclose the system of claim 1, wherein the one or more processors are configured to: receive an acceptance of the suggested promo code, wherein the first request further includes the suggested promo code; or transmitting, from the user device, an acceptance of the suggested promo code. However, Kulkarni discloses using text messages and SMS to send promotional codes [127, 128, 39] and also accepting promo codes [127] and also transmitting, from the user device, an acceptance of the suggested promo code (see “[127]… If the shopper affirmatively replies”). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Kulkarni’s additional content in text format to the user as promo codes that are accepted to Li’s additional content as ad/promotional info in text format. One would have been motivated to do this in order to better send additional content that is ad/promotional related.
Claim 3, 10. The prior art combination further renders obvious system the of claim 2, wherein the first confirmation indicates whether the suggested promo code was accepted (see Kularni at [127, 128] and the motivation already provided).
Claim 4. The prior art combination further renders obvious system the system of claim 2, wherein the acceptance is included in an additional text message (see Kularni at [127, 128] and the motivation already provided, note [127] where the shopper replies to the text message).
Claims 5, 13. Li does not explicitly disclose:
“5. The system of claim 2, wherein the acceptance comprises an interaction with a push notification.
13. The method of claim 8, wherein the indication of the first confirmation and the indication of the second confirmation are received as push notifications.”.
However, Li and Kularni render obvious the features above. And, Kularni further discloses pushing incentives [27] and push notifications [135]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Kulkarni’s additional content as incentives/promos and text messages and push notifications to Li’s additional content as ad/promotional info in text format. One would have been motivated to do this in order to better send additional content that is ad/promotional related.
Claim 6. Li further discloses the system of claim 1, wherein the indication of the first confirmation is included in an additional text message (see Fig. 4, items 334, 416, 222, where the response to the user is interpreted as a confirmation that the transmitted message arrived, and this response/confirmation is an additional text than the first text the user sent).
Claim 11. Li further discloses the method of claim 8, wherein the first text message and the second text message are transmitted over a cellular network (see cellular at [2]).
Claim 12. Li further discloses the method of claim 8, wherein the indication of the first confirmation and the indication of the second confirmation are received in additional text messages (see Fig. 4, items 334, 416, 222, where the response to the user is interpreted as a confirmation that the transmitted message arrived, and this response/confirmation is an additional text than the first text the user sent).
Claim 14. Li further discloses the method of claim 8, further comprising: receiving, in response to the first text message, a reply text message indicating a list of items associated with the first codeword; and transmitting, in response to the reply text message, a follow-up text message indicating at least one item from the list of items, wherein the indication of the first confirmation is received in response to the follow-up text message (Figs. 12, 14 with the multiple coffee items in response to coffee text message, and Fig. 13 shows selecting one of the items in the list; also note that user can communicate with a particular API by using that API like “Macys” or “Saks” as the first term [52, 53], so Fig. 14 shows response of multiple items to the query at 1408 ad then user selects response like Fig. 13 or responds via the send message of Fig. 14 ; also note forwarding message responses to other users of a selected item at [104] ).
Claim 16. Li further discloses the non-transitory computer-readable medium of claim 15, wherein the one or more instructions, when executed by the one or more processors, cause the device to: identify the first codeword based on at least one leading character of the first codeword (see “@” symbol at Fig. 5 or letter “Y” to use Yelp API at item 1204 of Fig. 12).
Claim 17. Li further discloses the non-transitory computer-readable medium of claim 15, wherein the one or more instructions, when executed by the one or more processors, cause the device to: map the second codeword to the second API using a data structure that associates codewords with APIs (note that many messages can be sent, and each message is processed separately to get to the appropriate API(s): see messaging and select one API of many based on specific term at [52] and “[53]… the internet services interface module 328 may be configured to select an API from among a plurality of known APIs based, at least in part, on the indication of the selected internet service included in the query request” and “[91]… In particular, the internet services interface module 326 may select an API based on the indication of the desired internet service included in the query request 220 to generate an API call 332 that incorporates the one or more search terms of the query request”; also see Fig. 10 with item 1002 as codeword for API to use).
Claim 18. Li further discloses the non-transitory computer-readable medium of claim 15, wherein the one or more instructions, when executed by the one or more processors, cause the device to: transmit, in response to the first text message, a reply text message indicating a list of items associated with the first codeword; and receive, in response to the reply text message, a follow-up text message indicating at least one item from the list of items, wherein the first request indicates the at least one item (Figs. 12, 14 with the multiple coffee items in response to coffee text message, and Fig. 13 shows selecting one of the items in the list; also note that user can communicate with a particular API by using that API like “Macys” or “Saks” as the first term [52, 53], so Fig. 14 shows response of multiple items to the query at 1408 ad then user selects response like Fig. 13 or responds via the send message of Fig. 14 ; also note forwarding message responses to other users of a selected item at [104]).
Claim 21. Li does not explicitly disclose the system of claim 1, wherein the one or more processors are configured to: retrain the machine learning model based on whether an acceptance of the suggested promo code is received. However, Li discloses machine learning and training on user responses so the machine learning functions well and tuning and the machine learning is evaluated [57] and also scoring the machine learning based on user responses and accuracy [58]. This training, tuning, evaluating, scoring, accuracy at [57, 58] is interpreted to read on retraining. Hence, Li discloses tuning or retraining the machine learning based on responses. And, Kularni further discloses the responses can be whether an acceptance of the suggested promo code is received [127]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Kularni’s user response as acceptance of the offer/promo to Li’s retraining/tuning machine learning on user responses. One would have been motivated to do this in order to make the machine learning more accurate/better tuned based on relevant responses.
Claims 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Li (20180352394) in view of Kulkarni (20140324527) in view of Young (20130173402).
Claim 19. Li does not explicitly disclose the non-transitory computer-readable medium of claim 15, wherein the one or more instructions, when executed by the one or more processors, cause the device to: transmit, in response to the first text message, a reply text message indicating a list of payment methods; and receive, in response to the reply text message, a follow-up text message indicating a selected payment method from the list of payment methods, wherein the first request indicates the selected payment method. However, Young discloses text messages and promotions and payment methods and using text messages for payment method completion at [303-308, 327]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Young’s text messages for purchasing to Li’s text messages and advertisements for businesses that sell products/services. One would have been motivated to do this in order to better assist businesses in selling.
Claim 20. Li does not explicitly disclose the non-transitory computer-readable medium of claim 15, wherein the indication of the first confirmation includes tracking information associated with a first order based on the first request. However, Young discloses text messages and promotions and payment methods and using text messages for payment method completion at [303-308] and shipment tracking [185] via the MQSS system [185] and text message reminders [317] via the MQSS system [317]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Young’s text messages for purchasing and Young’s shipment tracking and Young’s text message reminders to Li’s text messages and advertisements for businesses that sell products/services so that Li can use text messages for product purchasing and shipment tracking. One would have been motivated to do this in order to better assist businesses in selling.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
aa) Ananda discloses text messages for purchases and shipment tracking;
a) These disclose text messages and different API selection: DARBY at 18, 19, 21; Li selects particular API of many; Jones; CHENG Chatterto [69].
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 ARTHUR DURAN whose telephone number is (571)272-6718. The examiner can normally be reached Mon-Thurs, 7-5pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ARTHUR DURAN/Primary Examiner, Art Unit 3621 2/18/26