DETAILED ACTION
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 .
Response to Amendment
This Office Action is in response to the Amendment filed on 11/26/2025.
Claims 4-5 and 14-15 are canceled.
Claims 23-24 are new.
Claims 1-2, 8, 11-12, 17, and 20 are currently amended.
Claims 1-3, 6-13, and 16-24 are currently pending and examined 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 1-3, 6-13, and 16-24 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-3, 6-13, and 16-24 is/are directed towards a statutory category (i.e., a process, machine, manufacture, or composition of matter) (Step 1, Yes).
Claim 1 recites (additional elements underlined):
A computer server system comprising:
a communications module;
a processor coupled with the communications module; and
a memory coupled to the processor and storing processor-executable instructions which, when executed by the processor, configure the processor to:
periodically receive, via the communications module, location data and biometric data from at least one device;
compare the biometric data to historical biometric data to predict a current emotional state of a user;
determine, based on a time correlation between a change in the location data and a change in emotional state, that the change in the emotional state is caused by the change in location;
responsive to determining the change in the emotional state, send, via the communications module and to the at least one device, a signal that includes at least one incentive and a selectable option that, when selected, directs the at least one device from a graphical user interface displaying the at least one incentive to a website such that the at least one incentive is automatically entered as a coupon code and is automatically applied during an online checkout on the website, the at least one incentive being associated with a recent transaction occurring within a defined time period of the detected emotional change.
Under the broadest reasonable interpretation, the limitations outlined above that describe or set forth the abstract idea, cover performance of the limitations in the mind but for the recitation of generic computer(s) and/or generic computer component(s). That is, other than reciting the additional elements identified below, nothing in the claim precludes the limitations from practically being performed in the mind. These limitations are considered a mental process because the limitations include an observation, evaluation, judgement, and/or opinion. These limitations are also similar to “collecting information, analyzing it, and displaying certain results of the collection and analysis” and/or “collecting and comparing known information” which were determined to be mental processes in MPEP 2106.04(a)(2)(III)(A). The Examiner notes that “[c]laims can recite a mental process even if they are claimed as being performed on a computer” (see MPEP 2106.04(a)(2)(III)(C)). The mere nominal recitation of the additional elements identified below do not take the claims out of the mental process grouping. Therefore, the claim recite a mental process (Step 2A Prong One, Yes).
The limitations outlined above also describe or set forth an advertising/marketing activity. Advertising/marketing fall within the certain method of organizing human activity enumerated grouping of abstract ideas. The limitations outlined above also describe or set forth a fundamental economic principle or practice because advertising/marketing is related to commerce and economy, a commercial interaction (e.g., advertising, marketing or sales activities or behaviors, business relations), and managing personal behavior or relationships or interactions between people. Therefore, the claim recites a certain method of organizing human activity (Step 2A Prong One, Yes).
In Step 2A Prong Two, these additional element(s) are recited at a high level of generality, and under the broadest reasonable interpretation, are generic computer(s) and/or generic computer component(s) that perform generic computer functions. The additional element(s) are merely used as tools, in their ordinary capacity, to perform the abstract idea. The additional element(s) amount adding the words “apply it” with the judicial exception. Merely implementing an abstract idea on generic computer(s) and/or generic computer component(s) does not integrate the judicial exception similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer. “[T]he use of generic computer elements like a microprocessor or user interface do not alone transform an otherwise abstract idea into patent eligible subject matter" (see pp 10-11 of FairWarning IP, LLC. v. Iatric Systems, Inc. (Fed. Cir. 2016)). The additional elements also amount to generally linking the use of the abstract idea to a particular technological environment or field of use. The type of information being manipulated does not impose meaningful limitations or render the idea less abstract. Further, the courts have found that simply limiting the use of the abstract idea to a particular environment does not integrate the judicial exception into a practical application. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. The additional elements amount no more than mere instructions to apply the abstract idea using generic computer(s) and/or generic computer component(s). Their collective functions merely provide generic computer implementation. There is no indication that the combination of elements improves the functioning of a computer, improves any other technology or technical field, applies or uses the judicial exception to effect a particular treatment or prophylaxis for disease or medical condition, applies the judicial exception with, or by use of a particular machine, effects a transformation or reduction of a particular article to a different state or thing, or applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claims as a whole is more than a drafting effort designed to monopolize the exception. (Step 2A Prong Two, No).
In Step 2B, the additional elements also do not amount to significantly more for the same reasons set forth with respect to Step 2A Prong Two. The Examiner notes that revised Step 2A overlaps with Step 2B, and thus, many of the considerations need not be reevaluated in Step 2B because the answer will be the same. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. The additional elements amount no more than a mere instruction to apply the abstract idea using generic computer(s) and/or generic computer component(s) (Step 2B, No).
Claims 2-3 and 6-10 recite further limitations that also fall within the same abstract ideas identified above with respect to claim 1 (i.e., certain methods of organizing human activities and/or mental processes).
Claim 2 recites the additional elements of “wherein the processor-executable instructions, when executed by the processor, further configure the processor to”, “via the communications module and to the at least one device, a signal directing the at least one device from the graphical user interface”, “automatically”, “online”, and “on the website”. Claims 3 and 8 recite the additional elements of “wherein the processor-executable instructions, when executed by the processor, further configure the processor to”. Claim 6 recites the additional elements of “website”. Claim 7 recites the additional elements of “wherein the processor-executable instructions, when executed by the processor, further configure the processor to”, “via the communications module and from a server”. Claim 9 recites the additional elements of “wherein the processor-executable instructions, when executed by the processor, further configure the processor to” “via the communications module and from the at least one device, a signal”. Claim 10 recites the additional elements of “from a first device” and “to a second device that is different than the first device”. Claim 21 recites the additional elements “wherein the processor-executable instructions, when executed by the processor, further configure the processor to” and “engage an artificial intelligence engine to”. Claim 22 recites the additional elements of “wherein the artificial intelligence engine is trained”. However, these additional elements also do not integrate the judicial exception into a practical application or amount to significantly more because they amount to adding the words “apply it” with the judicial exception, mere instructions to implement the idea on a computer, merely using a computer as a tool to perform an abstract idea, and generally linking the use of the judicial exception to a particular technological environment or field of use.
Claim 11 recites substantially similar limitations as claim 1. Therefore, for the same reasons explained above with respect to claim 1, claim 11 also recites an abstract idea in Step 2A Prong One (i.e., certain method of organizing human activities, and mental processes). Claim 11 recites the additional elements of “computer-implemented”, “from at least one device”, “via a communications module and to the at least one device”, “a signal”, “directs the at least one device from a graphical user interface”, “automatically”, “online”, and “on the website”. However, for the same reasons explained above with respect to claim 1, these additional elements also do not integrate the judicial exception into a practical application or amount to significantly more.
Claims 12-19 and 23-24 recite further limitations that also fall within the same abstract ideas identified above with respect to claim 1 (i.e., certain methods of organizing human activities and/or mental processes).
Claim 12 recites the additional elements of “via the communications module and to the at least one device”, “a signal”, “the signal”, “via the communications module and to the at least one device, a signal directing the at least one device from the graphical user interface”, “automatically”, “online”, and “on the website”. Claims 13 and 17 do not recite any other additional elements other than those recited in claim 11. Therefore, for the same reasons explained above with respect to claim 11, claims 13 and 17 also do not integrate the judicial exception into a practical application or amount to significantly more.. Claim 16 recite the additional element of “via the communications module and from a server”. Claim 18 recites the additional elements of “via the communications module and from the at least one device” and “signal”. Claim 19 recites the additional elements of “from a first device” and “to a second device that is different than the first device”. Claim 23 recites the additional element of “further comprising: engaging an artificial intelligence engine to”. Claim 24 recites the additional elements of “wherein the artificial intelligence engine is trained”. However, these additional elements also do not integrate the judicial exception into a practical application or amount to significantly more because they amount to adding the words “apply it” with the judicial exception, mere instructions to implement the idea on a computer, merely using a computer as a tool to perform an abstract idea, and generally linking the use of the judicial exception to a particular technological environment or field of use.
Claim 20 recites substantially similar limitations as claim 1. Therefore, for the same reasons explained above with respect to claim 1, claim 20 also recites an abstract idea in Step 2A Prong One (i.e., certain method of organizing human activities, and mental processes). Claim 20 recites the additional elements of “A non-transitory computer readable storage medium comprising computer-executable instructions which, when executed, configure at least one processor to”, “from at least one device”, “via a communications module and to the at least one device”, “a signal”, “directs the at least one device from a graphical user interface”, “automatically”, “online”, and “on the website”. However, for the same reasons explained above with respect to claim 1, these additional elements also do not integrate the judicial exception into a practical application or amount to significantly more.
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) 1-3, 6-13, 16-21, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tietzen et al. (US 2018/0276710 A1, hereinafter “Tietzen”) in view of Shiffert et al. (US 2020/0265453 A1, hereinafter “Shiffert”), in further view of Corrieri et al. (US 2021/0125262 A1, hereinafter “Corrieri”).
As per Claim 1, Tietzen discloses A computer server system comprising (¶¶ 111-117, 913 “systems and methods … computer program product including a physical, non-transitory computer readable medium”, and Figures 1-2. Also see citations below.):
a communications module (¶¶ 111-117 and Figures 1-2. Also see citations below.);
a processor coupled with the communications module (¶¶ 111-117 and Figures 1-2. Also see citations below.); and
a memory coupled to the processor and storing processor-executable instructions which, when executed by the processor, configure the processor to (¶¶ 111-117 and Figures 1-2. Also see citations below.):
periodically receive, via the communications module, location data and biometric data from at least one device (¶ 388 “monitored input data can be stored at one or more memory storage devices at an electronic device associated with the member, or at the loyalty system or elsewhere”. Also see at least ¶¶ 331-334, 389-405, 416, 422, citations above.);
compare the biometric data to historical biometric data to predict a current emotional state of a user (¶¶ 389-403. Also see citations above.);
determine, based on a time correlation between a change in the location data and a change in emotional state, that the change in the emotional state is caused by the change in location (¶ 331 “customer's current location may be detected by processing GPS coordinates reported to real-time monitor 606 from an electronic device associated with a particular customer. Such a device may, for example, be a GPS navigation device, a smart phone, a smart watch”.¶ 363 “A flowchart showing aspects of an example method 6200 for dynamically generating loyalty program communications based on a monitored physiological/emotional state is illustrated in FIG. 62. At 6210, one or more processors in the system can be configured to monitor input data detected with at least one sensor coupled to an electronic device associated with a member profile. For example, the processor(s) of a smartphone or other electronic device associated with a member profile can be coupled to one or more sensors. In some instances, the sensors can be components or devices which are part of or attached to the electronic device (for example, sensor components of a mobile phone). In some instances, the sensors can be components or devices which are communicably coupled to another electronic device (for example, sensor components/devices of a smart watch, heart rate monitor, glucose monitor, fitness tracker, eye/headwear which are in communication with a mobile phone). These sensors can include, for example, one or more, or any combination of: image sensors (for still images and/or video), audio sensors, touchscreen and/or button force/capacitance sensors, heart rate monitors/pulse sensors, temperature sensors, brain wave sensors, perspiration/moisture sensors or hygrometers, blood pressure sensors, movement/position sensors (e.g. accelerometers, speedometers, gyroscopes, GPS units, pedometers), elevation/air pressure sensor, fingerprint sensors, infrared sensors, proximity sensors, photodiodes, and any other sensor from which physiological and/or emotional information can be derived. Input data from the sensors is monitored with one or more processors in the system, such as the processor(s) at an electronic device associated with a member profile (e.g. a customer smart phone) and/or the processor(s) at a loyalty system or other networked location (where the input data is sent for monitoring to the loyalty system/networked location from the sensors and/or electronic device associated with the member profile). The input data can, in some instances, reflect physiological and/or emotional data associated with a member (e.g. cardholder). In some examples, the input data can be detected by sensors or other devices on a mobile device associated with a cardholder. In some examples, the input data can be detected by sensors or other devices which are communicably connected to the loyalty system via a mobile device associated with a cardholder, communicably connected directly to the loyalty system, or otherwise.” ¶ 403 “predicted emotion, mood and/or physical state of the cardholder can be determined by comparing the received/detected physiological data with baseline data associated with the cardholder. In some examples, this baseline data may be based on historical physiological data received/detected for the cardholder,” ¶ 404 “determination of a predicted emotion, mood and/or physical state of a cardholder can be based on other aggravating or mitigation factors such as the cardholder's location (e.g. in a park vs. on a busy street), the cardholder's social environment (e.g. alone, in a group, in a crowd, driving, walking down a busy street, walking through a park, etc.), the time of day, the day of the week, the persona of the cardholder, and/or any other factor(s)”. ¶ 406 “In some examples, aggravating/mitigating factors can be based on whether the electronic device was moving in a manner which suggests the user was participating in physical activity (e.g. GPS/accelerometer/elevation/pedometer data associated with movement). In some examples, a detected indication of physical activity can be a mitigating factor for elevated heart rates, blood pressure, etc. [i.e., periodically monitor location data and biometric data to determine that a change in an emotional state is a result of a change in location]”. ¶ 416 “In some examples, location data (e.g. from a GPS or location of an access point to which a mobile device associated with the cardholder is connected) may be used to connect a detected emotion to a transaction.” ¶ 419 “In some examples, the incentive can be generated to target the cardholder as a prospective customer. For example, if a positive emotion is detected for a cardholder who is passing by their favourite member merchant's store, the processor(s) may be configured to generate an incentive which may add to the cardholder's positive mood or may associate the merchant with the positive mood.” ¶ 421 “In some examples, an incentive can be generated based on a detected physical state of the cardholder. For example, when it is detected that the cardholder is tired (e.g. low movement, low blood pressure), the processor(s) can be configured to generate an incentive for a coffee shop. In another example, when it is detected that the cardholder is hungry (low blood-sugar level), the processor(s) can be configured to generate an incentive for a restaurant. In another example, when it is detected that the cardholder has just undergone a period of physical activity (e.g. long distance traveled by physical activity, elevated heart rate), the processor(s) can be configured to generate an incentive for a juice bar. In another example, when it is detected that the cardholder has undergone a period of high stress (e.g. elevated heart rate, high blood pressure), the processor(s) can be configured to generate an incentive for a spa or vacation.” ¶ 422 “Any combinations of detected emotions, location, personas, the amount of money spent, and/or timings may be used to trigger the generation of an incentive.” Also see at least ¶¶ 364-377, 379-380, 405-407, and citations below.); and
responsive to determining the change in the emotional state, send, via the communications module and to the at least one device, a signal that includes at least one incentive […] (¶ 403 “the predicted emotion, mood and/or physical state of the cardholder can be determined by comparing the received/detected physiological data with baseline data associated with the cardholder. In some examples, this baseline data may be based on historical physiological data received/detected for the cardholder. For example, if cardholder profile data indicates that the cardholder's average resting heart rate is 60 beats per minute, an elevated heart rate may be identified when detected/received data shows a heart rate of over 75 beats per minute; while for a second cardholder whose average resting heart rate is 70 beats per minute, an elevated heart rate may be identified when detected/received data shows a heart rate of over 80 beats per minute.” ¶ 404 “ the determination of a predicted emotion, mood and/or physical state of a cardholder can be based on other aggravating or mitigation factors such as the cardholder's location (e.g. in a park vs. on a busy street), the cardholder's social environment (e.g. alone, in a group, in a crowd, driving, walking down a busy street, walking through a park, etc.), the time of day, the day of the week, the persona of the cardholder, and/or any other factor(s).” ¶ 411 “In some examples, an incentive can be generated and communicated when a negative emotion/mood is detected within a proximate time of a transaction occurring at a merchant. For example, detection of a negative emotion (e.g. disappointment, anger, impatience) before a transaction is conducted at a restaurant may indicate that the cardholder had a negative experience while dining at the restaurant, and the processor(s) may be configured to generate a “rescue” incentive as a way to win back the cardholder's loyalty or to make up for the bad experience.” ¶ 412 “In another example, when a positive emotion is detected within a proximate time of a transaction occurring indicate that the cardholder has a positive experience, and a thank-you message or an incentive with an offer to return may be generated to reinforce the positive experience and/or to show appreciation for the cardholder's patronage.” Also see citations above.);
the at least one incentive being associated with a recent transaction occurring within a defined time period of the detected emotional change (¶ 411 “ In some examples, an incentive can be generated and communicated when a negative emotion/mood is detected within a proximate time of a transaction occurring at a merchant. For example, detection of a negative emotion (e.g. disappointment, anger, impatience) before a transaction is conducted at a restaurant may indicate that the cardholder had a negative experience while dining at the restaurant, and the processor(s) may be configured to generate a “rescue” incentive as a way to win back the cardholder's loyalty or to make up for the bad experience. ” ¶ 412 “In another example, when a positive emotion is detected within a proximate time of a transaction occurring indicate that the cardholder has a positive experience, and a thank-you message or an incentive with an offer to return may be generated to reinforce the positive experience and/or to show appreciation for the cardholder's patronage.” ¶ 417 “ In some examples, the incentive may be triggered at a time proximate to the transaction such as shortly after the cardholder has left the merchant location (e.g. based on time or location).” Also see at least ¶¶ 418-424, 472, and citations above.).
While Tietzen discloses all of the above limitations, including sending at least one incentive responsive to determining a change in an emotional state of the user, Tietzen does not appear to explicitly disclose and a selectable option that, when selected, directs the at least one device from a graphical user interface displaying the at least one incentive to a website. However, in the same field of endeavor, Shiffert teaches this limitation in at least ¶ 79 “To use a coupon, a user may select (e.g., touch, click, etc.) one of the online coupons 430. For example, a user may select any portion of the coupon 430A, such as the merchant tile 432A, the descriptive text 434A, the coupon code box 436A, etc. As described below, upon selection of a coupon, the browser executing on the user device may be redirected to the merchant website associated with the selected coupon. For example, the merchant web site may be presented in an existing window of the browser, in a new window of the browser, in a new tab of the browser, or via other functions of the browser. Additionally, upon selection of a coupon, a value of the coupon code may be copied to a clipboard or other temporary storage. For example, upon selection of the coupon 430A, the value of the coupon code 438A (“PMPRSYT8”) may be copied to a clipboard. The interactions described herein may be implemented with an event handler conveyed in instructions, such as JavaScript™, from the offers engine of FIG. 1 and executed by the web browser. Such instructions may include a mapping of events, e.g., onclick, ontouch, and the like, to JavaScript™ functions (also provided by the offers engine) that implement the corresponding functionality upon occurrence of the corresponding event. In some cases, a browser add-on, such as Adobe Flash Player™ or other multimedia player having elevated security privileges relative to the browser, is used to access the temporary storage. Or (i.e., and/or) the coupon code may be stored in a subsequently created document object model (DOM) element of a traveling header.” ¶ 80 “FIG. 4B depicts another screen 440 of a browser in accordance with an embodiment of the present invention. The screen 440 displays a merchant webpage 442 of a merchant website 444 that may be presented in response to a user selection of an online coupon, such as a selection of the online coupon 430A depicted in FIG. 4A. To this end, at the selection interface element for a given offer, the web content from the offers engine (e.g., HTML, CSS, images, and JavaScript™) may include a link to the merchant's website or an affiliate network server that redirects to the merchant's web site. Accordingly, after a user selects an online coupon from the offers webpage 402, the merchant website 444 may be presented in the browser to enable a user to redeem the selected coupon. As described in detail below, a redemption header 446 may be added to the merchant website 442 to display the offer redemption identifier associated with the selected offer and text (e.g., instructions) associated with redemption of the selected offer. Additionally, the redemption header 446 may be retrieved asynchronously relative to loading of the merchant webpage 442, as described below with reference to FIG. 6. For example, web content for rendering the header 446 may be requested from one server, such as the offer's engine of FIG. 1, while the rest of the webpage is being requested from a merchant server and rendered. Thus, when a user selects the selected coupon 430A, the merchant webpage 442 may load in the browser without interruption by the retrieval of the redemption header 446.” ¶ 81 “It should be appreciated that the merchant website 444 may include any number and type of webpages. For example, the merchant webpage 442 may include a landing page, a storefront webpage, a product webpage, and other webpages. Additionally, the merchant website 444 may be provided via different types of domains associated with a merchant, such as a parent domain associated with the merchant, subdomains of the parent domain, an mdot domain (i.e., “m.”) associated with the merchant, and so on.” ¶ 85 “As described above, a user may use the merchant website to order goods and services associated with the selected coupon, such as by adding the goods and services to a virtual “shopping cart” and selecting an option to checkout. FIG. 4D depicts a screen 468 of the browser illustrating a checkout page 470 of the merchant web site 444 in accordance with an embodiment of the present invention. As described above, web content such as the checkout page 470 may be retrieved from the Internet via a network accessible by a user device executing the browser, and this web content may be displayed by browser. As shown in FIG. 4D, the redemption header 446 remains in the checkout webpage 470 and includes the coupon code box 450 and the coupon code 438A. The redemption header 446 may remain accessible while a user completes a transaction, e.g., an order for goods, services, or both with the merchant. Here again, a user may remove the redemption header 446 by selecting the close control 454. In some cases, the header is only shown at the check-out page, or the header may be displayed in the preceding webpages, e.g., while the user shops to serve as a reminder of a discount while the user makes purchasing decisions.” ¶ 87 “As shown below in FIG. 4E, a user may enter the value associated with the coupon code into the input field 482 by pasting a value of the coupon code 438A from the clipboard into the input field 482. FIG. 4E further depicts the screen 468 and the checkout page 470 illustrating entry of a coupon code value 486 in the input field in accordance with an embodiment of the present invention. As mentioned above, a value corresponding to the coupon code 438A may be copied to a clipboard or other temporary storage upon selection of the selected coupon. Thus, a user may simply paste the contents of the clipboard into the input field 482 to enter the coupon code value 486 into the input field 482, and a user does not need to memorize the coupon code or manually type the code directly into the input field 482. Alternatively, a user may type or otherwise enter the coupon code value 486 into the input field 482 and may easily obtain the coupon code from the redemption header 446 included in the checkout webpage 470. In other embodiments, the input field 482 may be automatically populated (“auto-populated”) with the coupon code value 486. For example, the code (e.g., JavaScript™) associated with the redemption header 446 may detect the input field 482 when the code is executed as the redemption bar 446 is loaded, and the coupon code value 486 may be automatically entered into the input field 482. Or the code may be loaded by such a script in response to a click event on an apply-coupon button of the header or a click even on the coupon code. In some cases, the header is reloaded with each merchant web page, or executes a script with each loaded merchant web page to determine whether the web page is a checkout webpage in which the code may be applied, e.g., by detecting the presence of keywords, such as “shipping information,” or “checkout,” in the webpage or a portion of a URL of the webpage know to correspond with the merchant's checkout webpage.” Also see the Abstract. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the at least one incentive to include a selection option that, when selected, directs the at least one device from a graphical user interface displaying the at least one incentive to a website such that the at least one incentive is automatically entered as a coupon code and is applied during an online checkout on the website as taught by Shiffert, because doing so would encourage the user to make a purchase before the incentive expires. The combination would also overcome the problem of users forgetting to use the incentive during a transaction (Shiffert, ¶ 3). The combination would also help users to find valid coupons applicable to an item the user wishes to purchase (Shiffert, ¶ 25). The combination is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While the combination of Tietzen/Shiffert display at least one incentive to a website, they do not appear to explicitly teach such that the at least one incentive is automatically entered as a coupon code and is automatically applied during an online checkout on the website. However, in the same field of endeavor, Corrieri teaches this limitation in at least ¶¶ 6-7, 14, 19-27, 33, 97, 114-115, and Figures 3-6. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the incentive as taught by the combination of Tietzen/Shiffert as modified above, to include a step of automatically entering the coupon code and automatically applying during an online checkout of the website as taught by Corrieri, because doing so would enable the system to automatically pply the highest or best ranked coupon code saving into the “Coupon Code” input field of the website’s checkout page (Corrieri, ¶ 97). The combination is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 2, Tietzen disclose wherein the processor-executable instructions, when executed by the processor, further configure the processor to (¶¶ 111-117 and Figures 1-2. Also see citations above.).
While Tietzen sends a signal that includes at least one incentive, Tietzen does not appear to explicitly disclose receive, via the communications module and from the at least one device, a signal indication selection of the selectable option; and responsive to receiving the signal indicating selection of the selectable option, send, via the communications module and to the at least one device, a signal directing the at least one device from the graphical user interface displaying the at least one incentive. However, in the same field of endeavor, Shiffert teaches these limitations in at least ¶ 79 “To use a coupon, a user may select (e.g., touch, click, etc.) one of the online coupons 430. For example, a user may select any portion of the coupon 430A, such as the merchant tile 432A, the descriptive text 434A, the coupon code box 436A, etc. As described below, upon selection of a coupon, the browser executing on the user device may be redirected to the merchant website associated with the selected coupon. For example, the merchant web site may be presented in an existing window of the browser, in a new window of the browser, in a new tab of the browser, or via other functions of the browser. Additionally, upon selection of a coupon, a value of the coupon code may be copied to a clipboard or other temporary storage. For example, upon selection of the coupon 430A, the value of the coupon code 438A (“PMPRSYT8”) may be copied to a clipboard. The interactions described herein may be implemented with an event handler conveyed in instructions, such as JavaScript™, from the offers engine of FIG. 1 and executed by the web browser. Such instructions may include a mapping of events, e.g., onclick, ontouch, and the like, to JavaScript™ functions (also provided by the offers engine) that implement the corresponding functionality upon occurrence of the corresponding event. In some cases, a browser add-on, such as Adobe Flash Player™ or other multimedia player having elevated security privileges relative to the browser, is used to access the temporary storage. Or (i.e., and/or) the coupon code may be stored in a subsequently created document object model (DOM) element of a traveling header.” ¶ 80 “FIG. 4B depicts another screen 440 of a browser in accordance with an embodiment of the present invention. The screen 440 displays a merchant webpage 442 of a merchant website 444 that may be presented in response to a user selection of an online coupon, such as a selection of the online coupon 430A depicted in FIG. 4A. To this end, at the selection interface element for a given offer, the web content from the offers engine (e.g., HTML, CSS, images, and JavaScript™) may include a link to the merchant's website or an affiliate network server that redirects to the merchant's web site. Accordingly, after a user selects an online coupon from the offers webpage 402, the merchant website 444 may be presented in the browser to enable a user to redeem the selected coupon. As described in detail below, a redemption header 446 may be added to the merchant website 442 to display the offer redemption identifier associated with the selected offer and text (e.g., instructions) associated with redemption of the selected offer. Additionally, the redemption header 446 may be retrieved asynchronously relative to loading of the merchant webpage 442, as described below with reference to FIG. 6. For example, web content for rendering the header 446 may be requested from one server, such as the offer's engine of FIG. 1, while the rest of the webpage is being requested from a merchant server and rendered. Thus, when a user selects the selected coupon 430A, the merchant webpage 442 may load in the browser without interruption by the retrieval of the redemption header 446.” ¶ 81 “It should be appreciated that the merchant website 444 may include any number and type of webpages. For example, the merchant webpage 442 may include a landing page, a storefront webpage, a product webpage, and other webpages. Additionally, the merchant website 444 may be provided via different types of domains associated with a merchant, such as a parent domain associated with the merchant, subdomains of the parent domain, an mdot domain (i.e., “m.”) associated with the merchant, and so on.” ¶ 85 “As described above, a user may use the merchant website to order goods and services associated with the selected coupon, such as by adding the goods and services to a virtual “shopping cart” and selecting an option to checkout. FIG. 4D depicts a screen 468 of the browser illustrating a checkout page 470 of the merchant web site 444 in accordance with an embodiment of the present invention. As described above, web content such as the checkout page 470 may be retrieved from the Internet via a network accessible by a user device executing the browser, and this web content may be displayed by browser. As shown in FIG. 4D, the redemption header 446 remains in the checkout webpage 470 and includes the coupon code box 450 and the coupon code 438A. The redemption header 446 may remain accessible while a user completes a transaction, e.g., an order for goods, services, or both with the merchant. Here again, a user may remove the redemption header 446 by selecting the close control 454. In some cases, the header is only shown at the check-out page, or the header may be displayed in the preceding webpages, e.g., while the user shops to serve as a reminder of a discount while the user makes purchasing decisions.” ¶ 87 “As shown below in FIG. 4E, a user may enter the value associated with the coupon code into the input field 482 by pasting a value of the coupon code 438A from the clipboard into the input field 482. FIG. 4E further depicts the screen 468 and the checkout page 470 illustrating entry of a coupon code value 486 in the input field in accordance with an embodiment of the present invention. As mentioned above, a value corresponding to the coupon code 438A may be copied to a clipboard or other temporary storage upon selection of the selected coupon. Thus, a user may simply paste the contents of the clipboard into the input field 482 to enter the coupon code value 486 into the input field 482, and a user does not need to memorize the coupon code or manually type the code directly into the input field 482. Alternatively, a user may type or otherwise enter the coupon code value 486 into the input field 482 and may easily obtain the coupon code from the redemption header 446 included in the checkout webpage 470. In other embodiments, the input field 482 may be automatically populated (“auto-populated”) with the coupon code value 486. For example, the code (e.g., JavaScript™) associated with the redemption header 446 may detect the input field 482 when the code is executed as the redemption bar 446 is loaded, and the coupon code value 486 may be automatically entered into the input field 482. Or the code may be loaded by such a script in response to a click event on an apply-coupon button of the header or a click even on the coupon code. In some cases, the header is reloaded with each merchant web page, or executes a script with each loaded merchant web page to determine whether the web page is a checkout webpage in which the code may be applied, e.g., by detecting the presence of keywords, such as “shipping information,” or “checkout,” in the webpage or a portion of a URL of the webpage know to correspond with the merchant's checkout webpage.” Also see the Abstract. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the at least one incentive to include a selection option that, when selected, directs the at least one device from a graphical user interface displaying the at least one incentive to a website such that the at least one incentive is automatically entered as a coupon code and is applied during an online checkout on the website as taught by Shiffert, because doing so would encourage the user to make a purchase before the incentive expires. The combination would also overcome the problem of users forgetting to use the incentive during a transaction (Shiffert, ¶ 3). The combination would also help users to find valid coupons applicable to an item the user wishes to purchase (Shiffert, ¶ 25). The combination is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While the combination of Tietzen/Shiffert display at least one incentive to a website, they do not appear to explicitly teach such that the at least one incentive is automatically entered as the coupon code and automatically applied during the online checkout on the website. However, in the same field of endeavor, Corrieri teaches this limitation in at least ¶¶ 6-7, 14, 19-27, 33, 97, 114-115, and Figures 3-6. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the incentive as taught by the combination of Tietzen/Shiffert as modified above, to include a step of automatically entering the coupon code and automatically applying during an online checkout of the website as taught by Corrieri, because doing so would enable the system to automatically apply the highest or best ranked coupon code saving into the “Coupon Code” input field of the website’s checkout page (Corrieri, ¶ 97). The combination is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 3, Tietzen discloses wherein the processor-executable instructions, when executed by the processor, further configure the processor to:
generate the at least one incentive based on the change in the emotional state and set an expiry of the at least one incentive ( ¶ 403 “predicted emotion, mood and/or physical state of the cardholder,” ¶¶ 404-407, ¶ 617 “Schedule Description, which may be a dynamic text string that displays the date and time the single reward will expire,” Also see at least ¶¶ 404-407, 621, 800, 852, ¶ 861, Table 3, and citations above.).
As per Claim 6, while Tietzen discloses at least one incentive, Tietzen does not appear to explicitly disclose wherein the at least one incentive and the website are associated with a same merchant. However, in the same field of endeavor, Shiffert teaches this limitation in at least ¶ 79 “To use a coupon, a user may select (e.g., touch, click, etc.) one of the online coupons 430. For example, a user may select any portion of the coupon 430A, such as the merchant tile 432A, the descriptive text 434A, the coupon code box 436A, etc. As described below, upon selection of a coupon, the browser executing on the user device may be redirected to the merchant website associated with the selected coupon. For example, the merchant web site may be presented in an existing window of the browser, in a new window of the browser, in a new tab of the browser, or via other functions of the browser. Additionally, upon selection of a coupon, a value of the coupon code may be copied to a clipboard or other temporary storage. For example, upon selection of the coupon 430A, the value of the coupon code 438A (“PMPRSYT8”) may be copied to a clipboard. The interactions described herein may be implemented with an event handler conveyed in instructions, such as JavaScript™, from the offers engine of FIG. 1 and executed by the web browser. Such instructions may include a mapping of events, e.g., onclick, ontouch, and the like, to JavaScript™ functions (also provided by the offers engine) that implement the corresponding functionality upon occurrence of the corresponding event. In some cases, a browser add-on, such as Adobe Flash Player™ or other multimedia player having elevated security privileges relative to the browser, is used to access the temporary storage. Or (i.e., and/or) the coupon code may be stored in a subsequently created document object model (DOM) element of a traveling header.” ¶ 80 “FIG. 4B depicts another screen 440 of a browser in accordance with an embodiment of the present invention. The screen 440 displays a merchant webpage 442 of a merchant website 444 that may be presented in response to a user selection of an online coupon, such as a selection of the online coupon 430A depicted in FIG. 4A. To this end, at the selection interface element for a given offer, the web content from the offers engine (e.g., HTML, CSS, images, and JavaScript™) may include a link to the merchant's website or an affiliate network server that redirects to the merchant's web site. Accordingly, after a user selects an online coupon from the offers webpage 402, the merchant website 444 may be presented in the browser to enable a user to redeem the selected coupon. As described in detail below, a redemption header 446 may be added to the merchant website 442 to display the offer redemption identifier associated with the selected offer and text (e.g., instructions) associated with redemption of the selected offer. Additionally, the redemption header 446 may be retrieved asynchronously relative to loading of the merchant webpage 442, as described below with reference to FIG. 6. For example, web content for rendering the header 446 may be requested from one server, such as the offer's engine of FIG. 1, while the rest of the webpage is being requested from a merchant server and rendered. Thus, when a user selects the selected coupon 430A, the merchant webpage 442 may load in the browser without interruption by the retrieval of the redemption header 446.” ¶ 81 “It should be appreciated that the merchant website 444 may include any number and type of webpages. For example, the merchant webpage 442 may include a landing page, a storefront webpage, a product webpage, and other webpages. Additionally, the merchant website 444 may be provided via different types of domains associated with a merchant, such as a parent domain associated with the merchant, subdomains of the parent domain, an mdot domain (i.e., “m.”) associated with the merchant, and so on.” ¶ 85 “As described above, a user may use the merchant website to order goods and services associated with the selected coupon, such as by adding the goods and services to a virtual “shopping cart” and selecting an option to checkout. FIG. 4D depicts a screen 468 of the browser illustrating a checkout page 470 of the merchant web site 444 in accordance with an embodiment of the present invention. As described above, web content such as the checkout page 470 may be retrieved from the Internet via a network accessible by a user device executing the browser, and this web content may be displayed by browser. As shown in FIG. 4D, the redemption header 446 remains in the checkout webpage 470 and includes the coupon code box 450 and the coupon code 438A. The redemption header 446 may remain accessible while a user completes a transaction, e.g., an order for goods, services, or both with the merchant. Here again, a user may remove the redemption header 446 by selecting the close control 454. In some cases, the header is only shown at the check-out page, or the header may be displayed in the preceding webpages, e.g., while the user shops to serve as a reminder of a discount while the user makes purchasing decisions.” ¶ 87 “As shown below in FIG. 4E, a user may enter the value associated with the coupon code into the input field 482 by pasting a value of the coupon code 438A from the clipboard into the input field 482. FIG. 4E further depicts the screen 468 and the checkout page 470 illustrating entry of a coupon code value 486 in the input field in accordance with an embodiment of the present invention. As mentioned above, a value corresponding to the coupon code 438A may be copied to a clipboard or other temporary storage upon selection of the selected coupon. Thus, a user may simply paste the contents of the clipboard into the input field 482 to enter the coupon code value 486 into the input field 482, and a user does not need to memorize the coupon code or manually type the code directly into the input field 482. Alternatively, a user may type or otherwise enter the coupon code value 486 into the input field 482 and may easily obtain the coupon code from the redemption header 446 included in the checkout webpage 470. In other embodiments, the input field 482 may be automatically populated (“auto-populated”) with the coupon code value 486. For example, the code (e.g., JavaScript™) associated with the redemption header 446 may detect the input field 482 when the code is executed as the redemption bar 446 is loaded, and the coupon code value 486 may be automatically entered into the input field 482. Or the code may be loaded by such a script in response to a click event on an apply-coupon button of the header or a click even on the coupon code. In some cases, the header is reloaded with each merchant web page, or executes a script with each loaded merchant web page to determine whether the web page is a checkout webpage in which the code may be applied, e.g., by detecting the presence of keywords, such as “shipping information,” or “checkout,” in the webpage or a portion of a URL of the webpage know to correspond with the merchant's checkout webpage.” Also see the Abstract. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the at least one incentive to include a selection option that, when selected, directs the at least one device from a graphical user interface displaying the at least one incentive to a website such that the at least one incentive is automatically entered as a coupon code and is applied during an online checkout on the website as taught by Shiffert, because doing so would encourage the user to make a purchase before the incentive expires. The combination would also overcome the problem of users forgetting to use the incentive during a transaction (Shiffert, ¶ 3). The combination would also help users to find valid coupons applicable to an item the user wishes to purchase (Shiffert, ¶ 25). The combination is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A). The Examiner notes that the above italicized and underlined limitation is nonfunctional descriptive material which is not given patentable weight. However, for the sake of advancing prosecution, all limitations are considered and addressed.
As per Claim 7, Tietzen discloses wherein the processor-executable instructions, when executed by the processor, further configure the processor to (¶¶ 111-117 and Figures 1-2. Also see citations above.):
obtain, via the communications module and from a server, transaction data (¶¶ 329-331 and 340. Also see citations above.);
identify at least one transaction associated with the change in the emotional state (¶¶ 415 “timing thresholds for relating a detected emotion to a transaction can be defined for every type of merchant and can, in some examples, be further customized to the specific customer's tendencies,” ¶ 410 “defined time period for associating a transaction may vary based on the customer, merchant and/or transaction data”. Also see at least ¶¶ 403-407, 410-414, 416-418, and citations above.); and
generate the at least one incentive based on the change in the emotional state and the identified transaction (¶¶ 415 “timing thresholds for relating a detected emotion to a transaction can be defined for every type of merchant and can, in some examples, be further customized to the specific customer's tendencies,” ¶ 410 “defined time period for associating a transaction may vary based on the customer, merchant and/or transaction data”. Also see at least ¶¶ 403-420, 424, 427, and citations above.).
As per Claim 8, Tietzen discloses wherein the processor-executable instructions, when executed by the processor, further configure the processor to (¶¶ 111-117 and Figures 1-2. Also see citations above.):
generate the at least one incentive based on the change in the emotional state and the location (¶¶ 403-420. Also see citations above.).
As per Claim 9, Tietzen discloses wherein the processor-executable instructions, when executed by the processor, further configure the processor to (¶¶ 111-117 and Figures 1-2. Also see citations above.):
after sending the at least one incentive, receive, via the communications module and from the at least one device, a signal including additional biometric data (¶ 420 “incentive can be generated based on the cardholder's past moods when conducting transactions. For example, if the system detects positive or negative emotions in close time proximity to transactions at a candy store, the system may generate an incentive when the system detects the same positive or negative emotion”. Also see citations above.); and
analyze the additional biometric data to determine an effect the at least one incentive had on the emotional state (¶¶ 421, 422, 427 “processors can determine persona data for associating with a member profile based on the monitored input data. For example, if a non-baseline emotional/physiological state is detected when a certain type of incentive is communicated to or redeemed by a member, the member profile may be updated to indicate the non-baseline response. For example, if the processors identify an excited or happy state, when the member receives a discount notification and/or conducting a transaction to redeem a discount offer, the processors can increase a “discounter” persona score in the member's profile”. Also see citations above.).
As per Claim 10, Tietzen discloses wherein the biometric data is received from a first device and the at least one incentive is sent to a second device that is different than the first device (¶ 363 “A flowchart showing aspects of an example method 6200 for dynamically generating loyalty program communications based on a monitored physiological/emotional state is illustrated in FIG. 62. At 6210, one or more processors in the system can be configured to monitor input data detected with at least one sensor coupled to an electronic device associated with a member profile. For example, the processor(s) of a smartphone or other electronic device associated with a member profile can be coupled to one or more sensors. In some instances, the sensors can be components or devices which are part of or attached to the electronic device (for example, sensor components of a mobile phone). In some instances, the sensors can be components or devices which are communicably coupled to another electronic device (for example, sensor components/devices of a smart watch, heart rate monitor, glucose monitor, fitness tracker, eye/headwear which are in communication with a mobile phone). These sensors can include, for example, one or more, or any combination of: image sensors (for still images and/or video), audio sensors, touchscreen and/or button force/capacitance sensors, heart rate monitors/pulse sensors, temperature sensors, brain wave sensors, perspiration/moisture sensors or hygrometers, blood pressure sensors, movement/position sensors (e.g. accelerometers, speedometers, gyroscopes, GPS units, pedometers), elevation/air pressure sensor, fingerprint sensors, infrared sensors, proximity sensors, photodiodes, and any other sensor from which physiological and/or emotional information can be derived. Input data from the sensors is monitored with one or more processors in the system, such as the processor(s) at an electronic device associated with a member profile (e.g. a customer smart phone) and/or the processor(s) at a loyalty system or other networked location (where the input data is sent for monitoring to the loyalty system/networked location from the sensors and/or electronic device associated with the member profile). The input data can, in some instances, reflect physiological and/or emotional data associated with a member (e.g. cardholder). In some examples, the input data can be detected by sensors or other devices on a mobile device associated with a cardholder. In some examples, the input data can be detected by sensors or other devices which are communicably connected to the loyalty system via a mobile device associated with a cardholder, communicably connected directly to the loyalty system, or otherwise.” ¶ 380 “ In some example embodiments, other devices and/or sensors can be communicably connected to the mobile device associated with the cardholder. For example, a smart watch having one or more sensing devices, an eye/head gear having one or more sensing devices (e.g. Google Glass™), a heart rate monitor, a brain wave sensor, and/or any other sensor or device can detect one or more types of input data and send them to the device associated with the cardholder via a wireless or wired communication connection.” Also see citations above.).
As per Claims 11 and 20, they recite substantially similar limitations as claim 1. Therefore, they are rejected using the same rationale.
As per Claim 12, it recites substantially similar limitations as claim 2. Therefore, it is rejected using the same rationale.
As per Claim 13, it recites substantially similar limitations as claim 3. Therefore, it is rejected using the same rationale.
As per Claim 16, it recites substantially similar limitations as claim 7. Therefore, it is rejected using the same rationale.
As per Claim 17, it recites substantially similar limitations as claim 8. Therefore, it is rejected using the same rationale.
As per Claim 18, it recites substantially similar limitations as claim 9. Therefore, it is rejected using the same rationale.
As per Claim 19, it recites substantially similar limitations as claim 10. Therefore, it is rejected using the same rationale.
As per Claim 21, Tietzen discloses wherein the processor-executable instructions, when executed by the processor, further configure the processor to (¶¶ 111-117 and Figures 1-2. Also see citations above.):
engage an artificial intelligence engine to select the at least one incentive (¶ 13 “a method of using an artificial intelligence engine to predict an offer that is likely to incent a loyalty program member to conduct a transaction with a merchant”. ¶ 83 “Systems and methods describe herein may use artificial intelligence engines to recommend incentives for merchants based on data mining, a described hereinafter, and analysis of cardholder or member data collected by card issuers for example. Also see at least ¶¶ 84-96 and citations above.).
As per Claim 23, it recites substantially similar limitations as claim 21. Therefore, claim 21 is rejected using the same rationale.
Claim(s) 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tietzen in view of Shiffert, in view of Corrieri, in further view of Patil et al. (US 2022/0301001 A1, hereinafter “Patil”).
As per Claim 22, while Tietzen uses an artificial intelligence engine to select at least one incentive, the combination of Tietzen/Shiffert/Corrieri as modified above do not appear to explicitly teach wherein the artificial intelligence engine is trained to select the at least one incentive based on previous data from at least one previously completed transaction or previously predicted emotional states. However, in the same field of endeavor, Patil teaches this limitation in at least ¶ 75 “With further reference to FIG. 1, and in non-limiting embodiments or aspects, the transaction service provider system 114 (or a computer system associated therewith, for all references herein to the transaction service provider system 114), may receive transaction data associated with a number of transactions between a number of users 102 and a number of merchants 120 over a time period (e.g., a week, a month, six months, a year, etc.). The transaction service provider system 114 may store the transaction data in a transaction database 116. The transaction service provider system 114 may associate users 102 with an offer group, based on the transaction data and a user classification model (e.g., a machine-learning classification model to assign users to offer groups). For example, historic transaction data may be used to train a machine-learning classification model to identify groups or patterns of users 102 based on parameters that can be used to target an offer including, but not limited to, offer cost, user 102 location, merchant 120 category, offer type (e.g., discount, reward, promotional purchase, etc.), time of day, user 102 age, user 102 gender, and/or the like. Some users may be associated with more than one offer group, and some users may be associated with no offer groups. Users may be associated with an offer group based on one or more attributes of their transaction history profile.” ¶ 93 “With further reference to the foregoing figures, and in non-limiting embodiments or aspects, the transaction service provider system 114 and/or the ATM acquirer system 112 may determine an offer for presentation to a user 102 at the ATM 110. In any case, a machine-learning model may be trained on historic transaction data, other rewards and loyalty program data, and/or external data to identify a best offer for the user 102. Best offers may be determined by identifying attributes of the user's 102 transaction history profile and/or of the ATM 110 itself and associating the attributes to parameters for an offer. For example, ATM 110 location information may be used to recommend offers for merchants in close proximity to the ATM 110. In another example, the transaction service provider system 114 may determine the user's 102 payment device 104 balance (e.g., current funds, credit limit, etc.) and determine a suitable offer based on affordability for the user 102. In another example, with cross-country or cross-state border off-us ATM 110 transactions 108, travel-related offers (e.g., discounts on transit, restaurants, hotels, etc.) may be recommended user 102.” Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the step of engaging an artificial intelligence engine to select the at least one incentive as taught by the combination of Tietzen/Shiffert/Corrieri as modified above, to include the step of training to select the at least one incentive based on previous data from at least one of previously completed transactions as taught by Patil, because doing so would identify the best offer for the user (Patil, ¶ 93). The combination would also increase the likelihood that the user will accept the offer. The combination is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 24, it recites substantially similar limitations as claim 22. Therefore, claim 24 is rejected using the same rationale.
Response to Arguments
Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive. In the Remarks, Applicant argues:
Argument A: “Applicant respectfully submits that, on proper analysis, the claimed subject matter is not directed to a mental process. […] In particular, the machine-driven navigation, field population, and checkout actuation represent a specific improvement to computer interaction itself and cannot be performed mentally or through any pen-and-paper process. […] such limitations are tied to concrete computational structures and cannot be performed by a human mind, nor are they abstract ideas or mental processes. The limitations also do not merely claim a result. Rather, they recite a specific, structured sequence of machine operations.”
In response, the Examiner respectfully disagrees. First, the limitations that describe or set forth the abstract idea in Step 2A Prong One are limitation that can be practically performed in the human mind because the limitations include an observation, evaluation, judgement, and/or opinion. These limitations are also similar to “collecting information, analyzing it, and displaying certain results of the collection and analysis” and/or “collecting and comparing known information” which were determined to be mental processes in MPEP 2106.04(a)(2)(III)(A). The Examiner notes that “[c]laims can recite a mental process even if they are claimed as being performed on a computer” (see MPEP 2106.04(a)(2)(III)(C)). Therefore, the claim recite a mental process (Step 2A Prong One, Yes).
Second, “eligibility should not be evaluated based on whether the claim recites a ‘useful, concrete, and tangible result” (MPEP 2106(I)).
Argument B: “Specifically, the claim recites a coordinated set of machine-executed operations that address the technical challenge of real-time emotional state prediction based on dynamic biometric and location data inputs. […] The system further enables automated navigation to merchant websites and automatic application of coupon codes during checkout, integrated into a graphical user interface. By performing these computationally intensive operations on the server rather than on the external device, the system offloads processing from the external device, thereby reducing battery consumption, preserving limited client-side resources, and enabling devices with constrained processing capabilities to participate in real-time analytics. Applicant's claimed subject matter improves the functioning of the device itself by reducing processing load, reducing network usage, and improving power efficiency on constrained devices.”
In response, the Examiner respectfully disagrees. First, the additional elements are recited at a high level of generality, and are merely used as tools, in their ordinary capacity, to perform the abstract idea. “Use of a computer or other machinery in its ordinary capacity for economic or other task (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more” (MPEP 2106.05(f)(2)).
Second, providing an incentive in response to emotional and location conditions being satisfied is considered an advertising activity and a mental process. Similar to the claimed invention in SAP, the advance here is entirely in the realm of the abstract idea, with no plausibly alleged innovation in the non-abstract application realm.
Third, the specification is completely silent with regard to the claimed invention reducing battery consumption, preserving limited client-side resources, enabling devices with constrained processing capabilities to participate in real-time analytics, reducing processing load, reducing network usage, and improving power efficiency on constrained devices.
Argument C: “This goes beyond merely storing or displaying data. Rather than relying on conventional user-initiated inputs or static rules, Applicant's claimed subject matter enables context-aware, condition-driven processing that improves the functioning of the system, and the external device. It integrates biometric analytics, location-based reasoning, server-side causal inference, and web-based interaction into a unified framework that improves responsiveness, personalization, and system utility. Applicant's claimed subject matter integrates any alleged abstract idea into a concrete technological framework, enhancing how computing systems offload computationally heavy tasks from external devices, process biometric and location data, infer contextual meaning, and automate responsive action across interconnected platforms.”
In response, the Examiner respectfully disagrees. Performing tasks one computer instead of another does not provide an improvement to the functioning of a computer. Unlike in Enfish in which the claimed invention achieved other benefits over conventional databases such as increased flexibility, faster search times, and smaller memory requirements that provided improvements to the functioning of the computer itself, here looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improve any other technology. Their collective functions merely provide generic computer implementation.
Argument D: “For example, the claimed subject matter includes periodically receiving both biometric and location data from at least one device, predicting a current emotional state of a user based on comparison to historical biometric data, determining a causal link between the emotional state change and the location change based on time correlation, automatically generating and transmitting an incentive in response to detecting this causal link, and providing a selectable option that, when activated, causes the incentive to be automatically entered as a coupon code and applied during an online checkout process. These operations are performed primarily on the server rather than on the external device, which allows devices with constrained processing capabilities, such as wearables and smartphones, to participate in real-time analytics without performing computationally intensive tasks locally.”
In response, the Examiner respectfully disagrees. Unlike in DDR in which the claimed invention solved the business challenge of retaining website visitors that is particular to the Internet, here the claimed invention amounts to merely reciting the performance of a business practice (e.g., sending incentives based on biometric data and location data) along with the requirement to perform it on the Internet. The claimed invention here is not necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks. “We caution, however, that not all claims purporting to address Internet-centric challenges are eligible for patent” (see p. 22 of DDR Holdings, LLC v. Hotels.com, L.P. (Fed. Cir. 2014)).
Argument E: “Taken as an ordered combination, these operations implement a context-aware, real-time processing pipeline that transforms sensor data inputs into intelligent user interactions, with direct integration into e-commerce workflows. The inventive concept lies in the particular coordination of emotional state prediction, server-side continuous and time-based causal inference, and automated generation and delivery of incentives with actionable checkout functionality which are operations that extend beyond merely storing, analyzing, or displaying information. This coordination enables real-time processing that is neither conventional nor routine, as it integrates dynamic sensor data, temporal correlation, and automated web-based actions in a way not performed in the human mind or by generic computer routines. This arrangement enables the computing system to autonomously adapt to behavioral context inferred from biometric and geolocation signals. Such processing is neither well- understood nor conventional, and it is not feasible to perform in the human mind or through manual processes. The system does not merely track or report user data. Rather, it analyzes, correlates, and responds in a manner that enhances system responsiveness and user engagement. These improvements to how data is processed and acted upon, in combination with offloading computationally intensive tasks to the server while maintaining device-side operation, are non- routine and non-obvious over conventional computing systems. Accordingly, Applicant's claimed subject matter recites significantly more than an abstract idea and provides a meaningful improvement to computer functionality.”
In response, the Examiner respectfully disagrees. First, the Office Action does not take the position that any of the additional elements amount to adding insignificant extra-solution activity in Step 2A Prong Two that would warrant an analysis in Step 2B to determine that the additional element also amounts to adding significantly more. The Examiner notes that revised Step 2A overlaps with Step 2B, and thus, many of the considerations need not be reevaluated in Step 2B because the answer will be the same. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. The additional elements amount no more than a mere instruction to apply the abstract idea using generic computer(s) and/or generic computer component(s) (Step 2B, No).
Second, "the relevant inquiry is not whether the claimed invention as a whole is unconventional or non-routine" (see p. 16 of BSG Tech LLC v. BuySeasons, Inc. (Fed. Cir. 2018). As explained above, the additional elements are recited at a high level of generality, and are merely used as tools, in their ordinary capacity, to perform the abstract idea. “Use of a computer or other machinery in its ordinary capacity for economic or other task (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more” (MPEP 2106.05(f)(2)).
Third, unlike in Bascom in which the particular arrangement of known elements provided a technical improvement over prior art ways of filtering content, here looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer, improves any other technology or technical field, applies or uses the judicial exception to effect a particular treatment or prophylaxis for disease or medical condition, applies the judicial exception with, or by use of a particular machine, effects a transformation or reduction of a particular article to a different state or thing, or applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claims as a whole is more than a drafting effort designed to monopolize the exception. Their collective functions merely provide generic computer implementation. The claims at issue do not require any non-conventional computer, network or display components, or even a non-conventional and non-generic arrangement of known conventional pieces. The claims at issue merely call for the performance of the claimed invention on a set of generic computer components and display devices.
Therefore, the claims as currently amended still do not integrate the judicial exception into a practical application or amount to significantly more.
Argument F: “Tietzen is fundamentally predictive and does not perform the real-time correlation and causal inference required by Applicant's claimed subject matter. There is simply nothing in Tietzen that shows, teaches or even suggests determining that an emotional change was caused by a specific change in location based on a temporal relationship, nor does Tietzen suggest creating an incentive tied to a recent transaction occurring within a defined time window of that emotional change.”
In response, the Examiner respectfully disagrees. Tietzen discloses this limitation in at least ¶ 404 “determination of a predicted emotion, mood and/or physical state of a cardholder can be based on other aggravating or mitigation factors such as the cardholder's location (e.g. in a park vs. on a busy street), the cardholder's social environment (e.g. alone, in a group, in a crowd, driving, walking down a busy street, walking through a park, etc.), the time of day, the day of the week, the persona of the cardholder, and/or any other factor(s)”. ¶ 406 “In some examples, aggravating/mitigating factors can be based on whether the electronic device was moving in a manner which suggests the user was participating in physical activity (e.g. GPS/accelerometer/elevation/pedometer data associated with movement). In some examples, a detected indication of physical activity can be a mitigating factor for elevated heart rates, blood pressure, etc. [i.e., periodically monitor location data and biometric data to determine that a change in an emotional state is a result of a change in location]”. ¶ 416 “In some examples, location data (e.g. from a GPS or location of an access point to which a mobile device associated with the cardholder is connected) may be used to connect a detected emotion to a transaction.” ¶ 419 “In some examples, the incentive can be generated to target the cardholder as a prospective customer. For example, if a positive emotion is detected for a cardholder who is passing by their favourite member merchant's store, the processor(s) may be configured to generate an incentive which may add to the cardholder's positive mood or may associate the merchant with the positive mood.” ¶ 421 “In some examples, an incentive can be generated based on a detected physical state of the cardholder. For example, when it is detected that the cardholder is tired (e.g. low movement, low blood pressure), the processor(s) can be configured to generate an incentive for a coffee shop. In another example, when it is detected that the cardholder is hungry (low blood-sugar level), the processor(s) can be configured to generate an incentive for a restaurant. In another example, when it is detected that the cardholder has just undergone a period of physical activity (e.g. long distance traveled by physical activity, elevated heart rate), the processor(s) can be configured to generate an incentive for a juice bar. In another example, when it is detected that the cardholder has undergone a period of high stress (e.g. elevated heart rate, high blood pressure), the processor(s) can be configured to generate an incentive for a spa or vacation.” ¶ 422 “Any combinations of detected emotions, location, personas, the amount of money spent, and/or timings may be used to trigger the generation of an incentive.”
Argument G: “nor does Tietzen disclose that a change in emotional state is determined based on a correlation between a change in location data and in emotion state, or that the incentive is associated with a recent transaction by the user occurring within a defined time period of the detected emotional change. At most, Tietzen discloses associating incentives with transactions (see Tietzen, paragraphs [0105] to [0109]).”
In response, the Examiner respectfully disagrees. Tietzen discloses an incentive being associated with a recent transaction occurring within a defined time period of the detected emotional change in at least ¶ 411 “ In some examples, an incentive can be generated and communicated when a negative emotion/mood is detected within a proximate time of a transaction occurring at a merchant. For example, detection of a negative emotion (e.g. disappointment, anger, impatience) before a transaction is conducted at a restaurant may indicate that the cardholder had a negative experience while dining at the restaurant, and the processor(s) may be configured to generate a “rescue” incentive as a way to win back the cardholder's loyalty or to make up for the bad experience. ” ¶ 412 “In another example, when a positive emotion is detected within a proximate time of a transaction occurring indicate that the cardholder has a positive experience, and a thank-you message or an incentive with an offer to return may be generated to reinforce the positive experience and/or to show appreciation for the cardholder's patronage.” ¶ 417 “ In some examples, the incentive may be triggered at a time proximate to the transaction such as shortly after the cardholder has left the merchant location (e.g. based on time or location).” Also see at least ¶¶ 418-424, 472, and citations above.
Argument H: “Shiffert and Corrieri fail to remedy the deficiencies of Tietzen. Neither Shiffert nor Corrieri disclose, teach, or suggest comparing the biometric data to historical biometric data to predict a current emotional state of a user, determining, based on a time correlation between a change in the location data and a change in emotional state, that the change in the emotional state is caused by the change in location, and that the incentive is associated with a recent transaction by the user occurring within a defined time period of the detected emotional change, as recited.”
In response, the Examiner respectfully disagrees. Tietzen compares the biometric data to historical biometric data to predicted a current emotional state of a user in at least ¶ 389 “the processors generate one or more baseline sensor input levels associated with a baseline physiological/emotional state. The baseline sensor input may include a single value, a threshold or a range of values. The processors may generate the baseline values for each type of input being monitored.” ¶ 390 “In some embodiments, the baseline levels can be associated with a physiological/emotional state when the member is calm, and is not unusually stressed.” ¶ 391 “In some embodiments, the baseline input levels can be generated by detecting evaluating input data over a period of time, or based on a defined number of input data points. In some examples, the baseline input levels can be based on a mode or most common ranges of values, an average of values, etc. In some examples, generation of the baseline can include filtering extreme input values as these may be associated with non-baseline emotional/physiological states.” Also see at least ¶¶ 392-403.
Argument J: “Further, the cited references operate in unrelated technological contexts and do not complement one another in any way that would render Applicant's claimed subject matter obvious. The Examiner has not identified any teaching, suggestion, or motivation that would have led one of ordinary skill in the art to combine these disparate systems. The proposed combination requires substantial redesign rather than routine implementation, which weighs strongly against obviousness.”
In response, the Examiner respectfully disagrees. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the motivation to combine the references is articulated above by citing the teaching, suggestion, or motivation, as well as knowledge generally available to one of ordinary skill in the art. Therefore, a prima facie case of obviousness has been established.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Henderson et al. (US 20220/0334701) discloses the concept of automatically applying selected coupon codes to a shopping cart as the user shops.
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/SAM REFAI/Primary Examiner, Art Unit 3621
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