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 .
Claims 1 – 20 are pending in this application.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/27/2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Applicants have not provided an explanation of relevance of cited document(s) discussed below.
Emigh et al. (U.S Patent No. 9697539 B2) is related to the intersection of mobile and the physical world, and specifically, to the use of mobile communication devices to facilitate improved consumer experiences in retail environments.
Seergy et al. (U.S Patent No. 9147216 B2) is related because it teaches an automobile market data may include pricing, inventory, and consumer interest information received from dealers, manufacturers, and consumers. A consumer may provide a request for a response regarding a specific automobile using an image of a vehicle identification number or a graphical user interface. Automobile market data may be provided to a dealer based on the request. Bids to sell the specific automobile may be requested from dealers based on the request. Dealer bids may be provided to the consumer with prices and a delivery options. The consumer may select a bid which specifies a pickup location at a particular dealer.
Angell et al. (U.S Patent No. 9031858 B2) is a general reference that is directed to a computer usable program code for using biometric data for a customer to generate customized marketing messages promoting upsales and cross-sales of items.
Tang et al. (U.S PG Publication No. 2019/0385230 A1) is a general reference related to a field of image analysis using machine learning algorithms in identifying vehicles from images and generate real-time quotes.
Li et al. (U.S PreGrant Publication No. 2018/0285460 A1) teaches a signal interpretation system (i.e., a system, ¶0021, Fig. 1), comprising: a communication device (i.e., a device 130A/150A, Fig. 1); a memory (e.g., a memory, ¶0008, ¶0057) storing instructions; and one or more processors (e.g., a processor, ¶0008, ¶0075) configured to execute the instructions to perform operations including: receiving scanned information including a shape of at least one article scanned with a scanning device to identify the at least one article based on the received scanned information (e.g., obtaining a scanned image data including any figure of at least one article scanned with a camera to identify the at least one article based on the obtained scanned image data, ¶0037 - ¶0038, Fig. 3); when a scan of the at least one article was performed; evaluating a signal indicative of interest in the identified at least one article based on the received scanned information (e.g., when scanning of the article is made, evaluating loading of the article into a transport apparatus associated to a customer user based on article dimensional information, ¶0028, ¶0033, ¶0035, ¶0043 - ¶0044, ¶0048, Fig. 3 & Fig. 6); and transmitting, via the communication device, a notification based on the evaluated signal, the notification being indicative of the identified at least one article and the identified geographic location, the notification being configured to cause an update in at least one graphical element presented by the scanning device or another device (e.g., outputting, via the device 130A/150A, a notification based on the evaluated article, said notification is indicating at least the article and GPS, said notification is also configured to be displayed, ¶0035, ¶0046 - ¶0047).
Busch (U.S Patent No. 8,437,776 B2) teaches: identifying a geographic location of the image scanning device, and when the scan of the at least article was performed is based on a location signal received from the scanning device (Busch: e.g., determining a location of a mobile device with camera, Col 22 (lines 19 – 41); and that when scanning of an image code, as a article, is made, it’s based on the location received from the mobile device; Col 17 (lines 1 – 13), Col 22 (lines 19 – 41), Col 36 (lines 9 – 62), Col 39 (lines 33 – 39) & Col 47 (lines 53 – 67), Fig. 17).
Medlen (U.S PG Publication No. 2013/0317911 A1) is related to a system (or method) for facilitating rea-time advertisement and negotiation when a user is near a merchant by providing a GPS location.
Ghosh et al. (U.S Publication No. 2012/0095805 A1) provides a computer-implemented method of acquiring customer insight information in a retail environment. The method includes receiving a product interaction from a mobile device, the product interaction comprising a product identifier corresponding to a product located in the retail environment. The method also includes determining a customer location within the retail environment based on a planned location of the product. The method also includes performing a business action based, at least in part, on the product interaction. The method also includes storing customer insight information corresponding to the product interaction to a data structure.
Tang et al. (U.S Publication No. 2019/0279292) is pertinent since it discloses a system for processing an image including a vehicle using machine learning can include a processor in communication with a client device, and a storage medium storing instructions that, when executed, cause the processor to perform operations including: receiving an image of a vehicle from the client device; extracting one or more features from the image; based on the extracted features and using a machine learning algorithm, determining a make and a model of the vehicle; obtaining user information relating to a financing request for the vehicle; determining a real-time quote for the vehicle based on the make, the model, and the user information; and transmitting the real-time quote for display on the client device.
Gordon et al. (U.S Patent No. 9,911,151 B1) is related since it provides a system that includes a location detectors and a server. The location detectors are supported by respective vehicles that are for sale on a dealership lot. Each detector detects its location and wirelessly transmits location data indicating the location. The server receives the transmitted location data from each detector, and maintains a database of each vehicle's location in accordance with associated detector's location. The server receives selection criteria from a mobile communication device. The server selects a vehicle from among the vehicles based on the selection criteria. The server transmits the location of the selected vehicle to the communication device.
Rankin, JR et al. (U.S PreGrant Publication No. 2011/0289010 A1) teaches: transmitting a notification indicative of the identified at least one article and the identified geographic location to the scanning device or another device of the user, wherein the scanning device or the another device is configured to display one or more graphical -2-Application No.: 17/121,281Attorney Docket No.: 00212-0127-00000elements and the notification is configured to cause an update in at least one of the one or more graphical elements displayed, the update based on the identified at least one article and the identified geographic location (This reference teaches a scanning device (e.g., cellular phone) configured to scan a barcode from an article (e.g., property), wherein scanning the barcode a geographic coordinate and GPS components (or geocodes) of the scanning device are obtained in order to initiate sending a message to the cellular phone and then displaying a map with property name, type and/or other property information, ¶0076, ¶0078, ¶0086, ¶0105 - ¶0107).
Makhdumi et al. (U.S PreGrant Publication No. 2015/0248664 A1) teach a SNAP MOBILE PAYMENT APPARATUSES, METHODS AND SYSTEMS ("SNAP") transform real-time-generated merchant-product Quick Response codes via SNAP components into virtual wallet card-based transaction purchase notifications. Payment information and VAS data can also be provided based on location. A request for payment information can be received. A location can be determined, and a merchant associated with the location can also be determined. Payment information and/or VAS data can be selected based on the merchant and/or location, and can be provided for a payment transaction.
Lee et al. (U.S PreGrant Publication No. 2016/0278006 A1) provide a method for transmitting and receiving data in a wireless communication system, performed by a first device, includes transmitting a first message including device connection information to at least one second device via a first network, receiving a response with respect to the first message from the at least one second device via the first network, transmitting a connection request message for requesting wireless connection of a second network to the at least one second device via the first network on the basis of the response, the connection request message including information regarding connection of a network indicating the second network, receiving a connection response message corresponding to a response with respect to the connection request message from the at least one second device via the first network, and transmitting and receiving data to and from a second device via the second network.
Nowak-Przygodzki et al. (U.S PreGrant Publication No. 2019/0080169 A1) describe techniques that enable a user to interact with an automated assistant and obtain relevant output from the automated assistant without requiring arduous typed input to be provided by the user and/or without requiring the user to provide spoken input that could cause privacy concerns (e.g., if other individuals are nearby). The assistant application can operate in multiple different image conversation modes in which the assistant application is responsive to various objects in a field of view of the camera. The image conversation modes can be suggested to the user when a particular object is detected in the field of view of the camera. When the user selects an image conversation mode, the assistant application can thereafter provide output, for presentation, that is based on the selected image conversation mode and that is based on object(s) captured by image(s) of the camera.
Tang et al. (U.S PreGrant Publication No. 2019/0385230 A1) is related to systems and methods for generating real-time quotes using machine learning algorithms. The system may include a processor in communication with a client device, and a storage medium storing instructions that, when executed, cause the processor to perform operations including: receiving an image of a vehicle from the client device, extracting one or more features from the image, based on the extracted features and using a machine learning algorithm, identifying one or more attributes of the vehicle, based on the identified attributes of the vehicle, determining a make and a model of the vehicle, obtaining comparison information based at least in part on the determined make and model, estimating a quote for the vehicle based on the comparison information; and transmitting the estimated quote for display on the client device.
Klein et al. (U.S PreGrant Publication No. 2021/0049409 A1) teaches a system that includes a first camera having a first field of view of an environment and a first machine learning model associated with the first camera, where the first machine learning model is trained to identify object or semantic information from image data captured by the first camera. The system further includes a second camera having a second field of view of the environment. An electronic controller communicatively coupled to the first camera and the second camera is configured to receive object or semantic information from the image data captured by the first camera as identified by the first machine learning model and train the second machine learning model, where training data utilized for training the second machine learning model comprises the object or semantic information identified by the first machine learning model.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4 - 7, 9 - 11 and 17 - 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gutierrez (U.S PreGrant Publication No. 2014/0252081 A1, hereinafter ‘Gutierrez’).
With respect to claim 1, Gutierrez teaches a computer-implemented method (e.g. a method, abstract, ¶0002) comprising: receiving, from a user computing device associated with a user, information associated with an interaction of a user with an article, the information indicative of an interest of the user in the article (e.g., upon scanning a product from a cell phone, receive information associated with a communication with said product, the information is something that the user is interested to purchase, ¶0005, ¶0009, ¶0021 - ¶0022); causing the user computing device to display a user interface including one or more graphical elements associated with the article (e.g., causing/enabling said cell phone to display a screen 18 including element(s)/item(s) associated with said product; ¶0021 - ¶0024, Fig. 2); identifying an inclusion of the article in an inventory of a merchant (e.g., identifying an unique identifier of said product for an inventory of a website/retailer/wholesaler, ¶0008, ¶0023, ¶0028); and generating and providing, to a merchant computing device associated with the merchant, a request for a response associated with the article (e.g., generating and sending, a message (as a request) toward the website associated with a retailer/wholesaler, ¶0028), wherein the merchant computing device generates the response including a response element, and wherein the user computing device is caused to display an updated user interface including the response element generated by the merchant computing device as an additional graphical element associated with the article (e.g., wherein the website/retailer/wholesaler responds back to said cell phone additional information along with the product, ¶0028, ¶0032 - ¶0033, Fig. 5).
With respect to claim 2, Gutierrez teaches the computer-implemented method of claim 1, further comprising: receiving the response from the merchant computing device; and providing instructions, including at least the response element, to the user computing device to cause the user computing device to display the updated user interface (e.g., wherein the website/retailer/wholesaler responds back to said cell phone additional information along with the product, ¶0028, ¶0032 - ¶0033, Fig. 5).
With respect to claim 4, Gutierrez teaches the computer-implemented method of claim 1, wherein the response is provided directly from the merchant computing device to the user computing device to cause the user computing device to display the updated user interface (e.g., wherein the website/retailer/wholesaler responds back to said cell phone additional information along with the product, , ¶0028, ¶0032 - ¶0033, Fig. 5).
With respect to claim 5, Gutierrez teaches the computer-implemented method of claim 1, wherein the additional graphical element is only configured to be included for display on the updated user interface based on authorization received from the merchant computing device (e.g., according to an authorization given from the website, certain information are going to be displayed, ¶0009, ¶0026).
With respect to claim 6, Gutierrez teaches the computer-implemented method of claim 1, further comprising: receiving a geographic location of the user computing device; and determining a geographic location of the merchant associated with the inventory is within a predetermined distance of the geographic location of the user computing device (e.g., obtaining GPS of the cell phone (scanning device) and determining a geographic location of the website/container/plant so that the website can track and store location associated with each scan and the time of the scan to produce a record of movement of the container over time which can be accessed by an authorized personal, ¶0009, ¶0028, ¶0032 - ¶0033, Fig. 4 & Fig. 5).
With respect to claim 7, Gutierrez teaches the computer-implemented method of claim 1, wherein the information is indicative of an interest of the user in a plurality of articles, including the article, and the method further comprising: causing the user computing device to display a user interface including a plurality of sections, each section including one or more graphical elements corresponding to one of the plurality of articles (e.g., when the product(s) is/are scanned, enable the cell phone (scanning device) to display several elements, items, any contents corresponding to the product(s), ¶0023, ¶0030, Fig. 4).
With respect to claim 9, Gutierrez teaches the computer-implemented method of claim 1, wherein the information associated with the interaction of the user with the article includes one or more signals indicative of interest corresponding to one or more user actions performed in association with an article search request (e.g., in order to display information, inventory control is involved to inherently ‘search’ or access along with identifier, ¶0026, ¶0035)
With respect to claim 10, Gutierrez teaches the computer-implemented method of claim 1, wherein the response element includes one or more of an offer, a reminder, or a view invitation associated with the article or another article similar to the article (e.g., offers, specials from the product, ¶0028).
With respect to claim 11, Gutierrez teaches the computer-implemented method of claim 1, wherein the one or more graphical elements include one or more of an image of the article, information associated with the article, an active element selectable to display additional information associated with the article, or a location element associated with a geographic location of the article (e.g., refer to Figs. 2 - 5).
With respect to claim 17, it's rejected for the similar reasons as those described in connection with claim 1.
With respect to claim 18, Gutierrez teaches the computer-implemented method of claim 17, wherein updating the user interface comprises: updating the user interface in response to the user computing device detecting one or more of: a launch of an application on the user computing device associated with a provider of the signal interpretation system, a navigation to a site of the provider on a web browser executing on the user computing device, or a navigation to a site of the merchant on the web browser (e.g., Gutierrez teaches a map in Fig. 5 representing the product location in which can be used for direction/location finding, well-known in the art, ¶0032).
With respect to claim 19, it's rejected for the similar reasons as those described in connection with claim 10.
With respect to claim 20, Gutierrez teaches the computer-implemented method of claim 17, wherein the one or more graphical elements include one or more of an image of the article, information associated with the article, an active element selectable to display additional information associated with the article, or a location element associated with a geographic location of the article (e.g., when cell phone (scanning device) is enabled, then website responds back to the cell phone by displaying additional information (e.g., offer, or other data to be displayed such , ¶0012, ¶0028 & ¶0033, Fig. 5).
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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez in view of Powell et al. (U.S PreGrant Publication No. 2020/0226337 A1, hereinafter ‘Powell’).
With respect to claim 3, Gutierrez teaches the computer-implemented method of claim 2, but fails to teach: further comprising: one or more of providing the request to the merchant computing device or providing the instructions to the user computing device in response to determining one or more predetermined conditions are met, wherein the one or more predetermined conditions include an elapse of a predetermined period of time from the interaction or the information indicative of the interest of the user in the article meeting a predetermined minimum amount of interest.
However, in the same field of endeavor of scanning product(s), Powell teaches further comprising: one or more of providing the request to the merchant computing device or providing the instructions to the user computing device in response to determining one or more predetermined conditions are met,
wherein the one or more predetermined conditions include an elapse of a predetermined period of time from the interaction or the information indicative of the interest of the user in the article meeting a predetermined minimum amount of interest (e.g., upon determining if one of conditions are satisfied (e.g., an elapsing of a determined period of time), send a notification message to a device, ¶0017 - ¶0018, Fig. 12).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the computer-implemented method as taught by Powell since Powell suggested in ¶0017 - ¶0019 and Fig. 12 that such modification would define a minimum time period between successive barcode reads for each user in order to improve workflow process.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez in view of Khan et al. (U.S Patent No. 8,954,420 B1, cited in an IDS filed on 03/27/2024, hereinafter ‘Khan’).
With respect to claim 8, Gutierrez teaches the computer-implemented method of claim 7, where Gutierrez teaches all the limitation of claim 8, except for ranking the plurality of identified articles.
However, in the same field of endeavor of products/articles, Khan teaches display a plurality of sections based on ranking (Khan: e.g., ranking a plurality of identified articles and display a ranking of the plurality of articles in a ranking order, Col 15 (lines 10 – 39), Fig. 3).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the computer-implemented method as taught by Khan since Khan suggested in Col 15 (lines 10 - 39) that such modification would display a ranking order in order to distinguish articles accessed consistently by the user and in order to properly reflect the relative importance that receives a small amount of actual duration time.
Claims 12 - 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez in view of Li (U.S PreGrant Publication No. 2018/0285460 A1, cited in the IDS filed on 03/27/2024, hereinafter ‘Li’)
With respect to claim 12, Gutierrez teaches a computer-implemented method comprising: receiving, from a user computing device associated with a user, interaction data indicating an interest of a user in a particular vehicle interacted with by the user; determining a plurality of characteristics of the particular vehicle interacted with by the user from the interaction data; identifying a vehicle in an inventory of a merchant having at least a portion of the plurality of characteristics of the particular vehicle interacted with by the user; generating and providing, to a merchant computing device associated with the merchant, a request for a response associated with the identified vehicle, wherein the merchant computing device generates the response including a response element; and causing the user computing device to display a user interface including one or more graphical elements associated with the particular vehicle interacted with by the user, wherein the user interface is updated to include the response element generated by the merchant computing device as an additional graphical element; but fails to teach that said product/article is specifically a vehicle.
However, in the same field of endeavor of scanning product/article, LI teaches that the product is a vehicle (e.g., a vehicle to scan, evaluate and display, abstract, ¶0021, ¶0024 - ¶0025).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the computer-implemented method as taught by Li since Li suggested in abstract, ¶0021 or/and ¶0024 - ¶0025 that such modification of having the product/article of a vehicle would be convenient to improve the retail venue shopping experience includes having retail venue clerks offer shipping to customers for large and heavy items.
With respect to claim 13, Gutierrez in view of Li teaches the computer-implemented method of claim 12, further comprising: receiving a geographic location of the user computing device; and determining a geographic location of the merchant associated with the inventory is within a predetermined distance of the geographic location of the user computing device (e.g., obtaining GPS of the cell phone (scanning device) and determining a geographic location of the website/container/plant so that the website can track and store location associated with each scan and the time of the scan to produce a record of movement of the container over time which can be accessed by an authorized personal, ¶0009, ¶0028, ¶0032 - ¶0033, Fig. 4 & Fig. 5).
With respect to claim 14, Gutierrez in view of Li teaches the computer-implemented method of claim 12, wherein the interaction data includes one or more signals indicative of interest corresponding to one or more user actions performed in association with an article search request (e.g., in order to display information, inventory control is involved to inherently ‘search’ or access along with identifier, ¶0026, ¶0035).
With respect to claim 15, Gutierrez in view of Li teaches the computer-implemented method of claim 14, wherein the one or more user actions include one of favoriting, saving, or bookmarking the particular vehicle provided in association with the article search request (e.g., design choice: this would be a usage of a browser to save any URL displayed from a website, ¶0026).
With respect to claim 16, Gutierrez in view of Li teaches the computer-implemented method of claim 12, wherein Li teaches the one or more graphical elements include information obtained or determined from the interaction data, the information including one or more of the plurality of characteristics of the particular vehicle interacted with by the user (Upon scanning vehicle, further display elements/items/details or description of the scanned vehicle, ¶0035, ¶0037).
Conclusion
The prior art made of record and not relied upon are considered pertinent to applicant's disclosure:
Purves et al. (U.S PG Publication No. 2013/0346302 A1)1
Rego et al. (U.S Patent No. 11,023,917 B2)2
1This reference teaches a scenario where a user in a merchant store may scan a product barcode of a product via a barcode scanner at a point-of-sale terminal, then display a user interface to select or identify product for payment, then make a checkout request to a merchant server for payment activity, and the merchant server responds back to the user providing another screen including at least an offer and/or confirmation (updated items).
2This reference teaches scanning an image of a product barcode with a camera of a consumer user device; display information about the scanned image; request for offers from a publisher server; and the publisher server replies back with ranking offer(s).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN M GUILLERMETY whose telephone number is (571)270-3481. The examiner can normally be reached 9:00AM - 5:00PM.
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/JUAN M GUILLERMETY/Primary Examiner, Art Unit 2682
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