The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Election/Restrictions
Newly submitted claims 14-26 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
I. Originally filed claims 1-13, drawn to a system for optimizing marketing in retail outlets and distribution to retail outlets, classified in G06Q 30/0203.
II. Newly submitted claims 14-26, drawn to a system for providing proximity-triggered personalized shopper interaction in retail environment, classified in G06Q 30/015.
Inventions I and II are related as subcombinations disclosed as usable together in a single combination. The subcombinations are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable. In the instant case, subcombination II has separate utility such as a system for providing proximity-triggered personalized shopper interaction in retail environment. Further, the Specification at ¶0027 states “the POS device 150 may be equipped with beacons or other proximity-sensing technologies that can detect the presence of shopper mobile devices within the store. Upon detecting a shopper's mobile device, the POS device 150 may trigger the activation of the shopper base module 112, initiating the personalized shopping experience provided by the merchant network 102, and enhancing the overall retail experience for both the shopper and the merchant.” This is separate to subcombination I that has a utility of a system for optimizing marketing in retail outlets and distribution to retail outlets. See Specification at ¶0033 which states “the market research module 120 may share the collected data with the marketing module 124. The marketing module 124 then utilizes the brand network 144 and the brand promotion database 148 to identify and analyze trends in user feedback, allowing brands to adjust their promotions and improve their targeting to better serve customers”. See MPEP § 806.05(d).
Restriction for examination purposes as indicated is proper because all these inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because at least the following reason(s) apply:
a) the inventions have acquired a separate status due to their recognized divergent subject matter in the art in view of their different classification;
b) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries).
Since Applicant has received an action on the merits for the originally presented invention, e.g., Invention I, Invention I has been constructively elected by original presentation for prosecution on the merits. Accordingly, newly submitted claims 14-26 are withdrawn from consideration as being directed to a non-elected invention, e.g,, Invention II. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
EXAMINER PROCEEDS AS FOLLOWS WITH ELECTION BY ORIGINAL PRESENTATION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/30/2026 has been entered.
Notice to Applicant
In response to the communication received on 03/30/2026, the following is a Non-Final Office Action for Application No. 18640227.
Status of Claims
Claims 1 and 3-13 are pending.
Claim 2 is cancelled.
Claims 14-26 are withdrawn.
Priority
As required by M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority based on: 18640227 filed 04/19/2024 Claims Priority from Provisional Application 63497535 , filed 04/21/2023.
Response to Amendments
Applicant’s amendments have been fully considered.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in light of the new grounds of rejection, as necessitated by amendment. Applicant argues that the claims are in favor of eligibility per Prong One of Step 2A, however Examiner respectfully disagrees. Per Prong One of Step 2A, the identified recitation of an abstract idea falls within at least one of the Abstract Idea Groupings consisting of: Mathematical Concepts, Mental Processes, or Certain Methods of Organizing Human Activity. Particularly, the identified recitation falls within the Mental Processes including concepts performed in the human mind (including an observation, evaluation judgment, opinion) and/or Certain Methods of Organizing Human Activity including managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules of instructions). Since the recitation of the claims falls into at least one of the above Groupings, there is a basis for providing further analysis with regard to Prong Two of Step 2A to determine whether the recitation of an abstract idea is deduced to being directed to an abstract idea. Thus, the rejection is maintained.
Applicant argues that the claims are in favor of eligibility per Prong Two of Step 2A, however Examiner respectfully disagrees. Per Prong Two of Step 2A, this judicial exception is not integrated into a practical application because the claim as a whole does not integrate the identified abstract idea into a practical application. The database(s), module(s), POS device, and/or mobile device is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing/transmitting data. This generic processor server limitation is no more than mere instructions to apply the exception using a generic computer component. Further, database(s), module(s), POS device, and/or mobile device to inter alia perform the function of delivers surveys and collects feedback on merchants, brands and products and directs users to promoted brands, products and merchants is mere instruction to apply an exception using a generic computer component which cannot integrate a judicial exception into a practical application. Accordingly, this/these additional element(s) does/do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. In other words, the present claims use a generic processing device and memory medium to inter alia perform the function of delivers surveys and collects feedback on merchants, brands and products and directs users to promoted brands, products and merchants which is a concept incorporating certain methods of organizing human activity and/or mental process. The processor is merely used to perform the function(s), and the processor does not integrate the abstract idea into a practical application since there are no meaningful limits on practicing the abstract idea. Thus, since the claims are directed to the determined judicial exception in view of the two prongs of Step 2A, the 2019 PEG flowchart is directed to Step 2B. Thus, the rejection is maintained.
Applicant argues that the claims are in favor of eligibility per Step 2B, however Examiner respectfully disagrees. Therein, the additional elements and combinations therewith are examined in the claims to determine whether the claims as a whole amounts to significantly more than the judicial exception. It is noted here that the additional elements are to be considered both individually and as an ordered combination. In this case, the claims each at most comprise additional elements of: database(s), module(s), POS device, and/or mobile device. Taken individually, the additional limitations each are generically recited and thus does not add significantly more to the respective limitations. Further, database(s), module(s), POS device, and/or mobile device to inter alia perform the function of delivers surveys and collects feedback on merchants, brands and products and directs users to promoted brands, products and merchants is mere instruction to apply an exception using a generic computer component which cannot provide an inventive concept in Step 2B (or, looking back to Step 2A, cannot integrate a judicial exception into a practical application). For further support, the Applicant’s specification supports the claims being directed to use of a generic computer/memory type structure. Taken as an ordered combination, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitations are directed to limitations referenced in Alice Corp. that are not enough to qualify as significantly more when recited in a claim with an abstract idea include the non-limiting or non-exclusive examples of MPEP § 2106.05. Thus, the rejection is maintained.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a shopper base module, a brand base module, a bank base module, a merchant base module, shopper mobile device, a merchant module, a bank module, a communications module, a brand module, point of sale (POS) device, a brand offer-rating module, and a shopper module in claims 1 and 3-13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 3-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims fall within statutory class of machine; hence, the claims fall under statutory category of Step 1.
Step 2 is the two-part analysis from Alice Corp. (also called the Mayo test). The 2019 PEG makes two changes in Step 2A: It sets forth new procedure for Step 2A (called “revised Step 2A”) under which a claim is not “directed to” a judicial exception unless the claim satisfies a two-prong inquiry. The two-prong inquiry is as follows: Prong One: evaluate whether the claim recites a judicial exception (an abstract idea enumerated in the 2019 PEG, a law of nature, or a natural phenomenon). If claim recites an exception, then Prong Two: evaluate whether the claim recites additional elements that integrate the exception into a practical application of the exception. The claim(s) recite(s) the following abstract idea indicated by non-boldface font and additional limitations indicated by boldface font:
a. a merchant network, comprising:i. a merchant database;i. a shopper database configured to store behavioral interaction data from shoppers;iii. a brand database;iv. a bank database;v. a shopper base module configured to dynamically rank offers based on real-time shopper feedback and purchase behavior;vi. a brand base module configured to select merchants for promotion based on shopper-preferred brand-product pairings;vii. a bank base module configured to coordinate cross-promotions with brand campaigns based on merchant performance metrics; andviii.a merchant base module configured to identify eligible shoppers and trigger campaign logic based on predefined rule sets;b. a bank network, comprising:i. a payment database; and ii. a bank promotion database configured to record and adjust offers based on shopper feedback and promotion effectiveness;c. a brand network, comprising:i. a product database; and ii. a brand promotion database configured to analyze shopper survey feedback and personalize offers in real time;d. a merchant point of sale (POS) device configured to detect shopper check-in and retrieve a personalized ranked offer list from the shopper base module;e. a shopper mobile device, comprising a merchant application configured to receive personalized offers, rate received offers, submit behavioral and preference feedback, and receive compensation based on engagement activity;and f. wherein, the merchant network, bank network, brand network, merchant POS device, and shopper mobile device are configured to communicate with one or more of each other another over a network, and wherein shopper feedback is used to dynamically adjust promotional delivery logic in at least one of the brand base module, bank base module, or merchant base module.
[or]
a. a shopper mobile device, comprising a merchant application configured to receive personalized offers, rate received offers, submit behavioral and preference feedback, and receive compensation based on engagement activity;b. a merchant device configured to allow a shopper to check in,receive and rate personalized offers and conduct transactions at a merchant location;c. a merchant module that identifies configured to identify shoppers to offer co-promoted bank and/or brand products and services;d. a bank network that processes configured to process payments between shoppers, merchants, banks and/or brands;e. a bank module that identifies configured to identify merchants, shoppers,and/or brands to co-promote products and services including from banks and/or brands;f. a brand network that coordinates configured to coordinate product delivery to merchants and promotions to shoppers;g. a communications module that monitors configured to monitor the merchant device for shopper check-in;h. a brand module that identifies configured to identify shoppers to promote offers on their products at specific merchants;i. a brand offer-rating module that asks configured to ask shoppers to rate offers they receive to learn which kinds of offers they prefer for different kinds of products and/or product categories;j. a shopper module that delivers configured to deliver surveys, collects feedback on merchants, brands, and products, and directs users to promoted brands,products, and merchants; andk. wherein the shoppers are compensated for stating which brands and products they prefer, for rating brand and/or bank offers they receive, for providing feedback on products, brands, merchants, and/or banks, so that brands and/or banks may promote merchants, products and/or services to identified customers.
Per Prong One of Step 2A, the identified recitation of an abstract idea falls within at least one of the Abstract Idea Groupings consisting of: Mathematical Concepts, Mental Processes, or Certain Methods of Organizing Human Activity. Particularly, the identified recitation falls within the Mental Processes including concepts performed in the human mind (including an observation, evaluation judgment, opinion) and/or Certain Methods of Organizing Human Activity including managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules of instructions). “[In a claim that includes a series of steps that recite mental steps as well as a mathematical calculation, an examiner should identify the claim as reciting both a mental process and a mathematical concept for Step 2A, Prong One to make the analysis clear on the record.” MPEP 2106.04, subsection II.B. Under such circumstances, however, the Supreme Court has treated such claims in the same manner as claims reciting a single judicial exception. Id. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)). Limitations are considered together as a single abstract idea for further analysis.
Per Prong Two of Step 2A, this judicial exception is not integrated into a practical application because the claim as a whole does not integrate the identified abstract idea into a practical application. The database(s), module(s), POS device, and/or mobile device is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing/transmitting data. This generic database(s), module(s), POS device, and/or mobile device limitation is no more than mere instructions to apply the exception using a generic computer component. Further, delivers surveys and collects feedback on merchants, brands and products and directs users to promoted brands, products and merchants by a database(s), module(s), POS device, and/or mobile device is mere instruction to apply an exception using a generic computer component which cannot integrate a judicial exception into a practical application. Accordingly, this/these additional element(s) does/do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, since the claims are directed to the determined judicial exception in view of the two prongs of Step 2A, the 2019 PEG flowchart is directed to Step 2B.
Per Step 2B, the additional elements and combinations therewith are examined in the claims to determine whether the claims as a whole amounts to significantly more than the judicial exception. It is noted here that the additional elements are to be considered both individually and as an ordered combination. In this case, the claims each at most comprise additional elements of: database(s), module(s), POS device, and mobile device. Taken individually, the additional limitations each are generically recited and thus does not add significantly more to the respective limitations. Further, delivers surveys and collects feedback on merchants, brands and products and directs users to promoted brands, products and merchants by a database(s), module(s), POS device, and/or mobile device is mere instruction to apply an exception using a generic computer component which cannot provide an inventive concept in Step 2B (or, looking back to Step 2A, cannot integrate a judicial exception into a practical application). For further support, the Applicant’s specification supports the claims being directed to use of a generic computer/memory type structure at Pg.22 Line 30 wherein “The subject matter may be implemented using hardware, software, or a combination thereof and may be implemented in one or more computer systems or other processing systems. 30 In one aspect, the subject matter is directed toward one or more computer systems capable of carrying out the functionality described herein.” Taken as an ordered combination, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitations are directed to limitations referenced in Alice Corp. that are not enough to qualify as significantly more when recited in a claim with an abstract idea include, as a non-limiting or non-exclusive examples: i. Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 134 S. Ct. at 2360, 110 USPQ2d at 1984 (see MPEP § 2106.05(f));
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ii. Simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d));
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iii. Adding insignificant extra-solution activity to the judicial exception, e.g., mere data gathering in conjunction with a law of nature or abstract idea such as a step of obtaining information about credit card transactions so that the information can be analyzed by an abstract mental process, as discussed in CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) (see MPEP § 2106.05(g)); or
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v. Generally linking the use of the judicial exception to a particular technological environment or field of use, e.g., a claim describing how the abstract idea of hedging could be used in the commodities and energy markets, as discussed in Bilski v. Kappos, 561 U.S. 593, 595, 95 USPQ2d 1001, 1010 (2010) or a claim limiting the use of a mathematical formula to the petrochemical and oil-refining fields, as discussed in Parker v. Flook. The courts have recognized the following computer functions inter alia to be well-understood, routine, and conventional functions when they are claimed in a merely generic manner: performing repetitive calculations; receiving, processing, and storing data (e.g., the present claims); electronically scanning or extracting data; electronic recordkeeping; automating mental tasks (e.g., process/machine/manufacture for performing the present claims); and receiving or transmitting data (e.g., the present claims).
The dependent claims do not cure the above stated deficiencies, and in particular, the dependent claims further narrow the abstract idea without reciting additional elements that integrate the exception into a practical application of the exception or providing significantly more than the abstract idea. Since there are no elements or ordered combination of elements that amount to significantly more than the judicial exception, the claims are not eligible subject matter under 35 USC §101.
Thus, viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 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 of this title, 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.
Claims 1 and 3-13 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor et al. (US 20120101881 A1) hereinafter referred to as Taylor in view of Regmi et al. (US 20090271275 A1) hereinafter referred to as Regmi.
Taylor teaches:
Claim 1. A system for optimizing marketing in retail outlets and distribution to retail outlets, including:
a. a merchant network, comprising: a merchant database; a shopper database; a brand database; a bank database; a shopper base module; a brand base module; a bank base module; and a merchant base module (¶0025 FIG. 1A shows a block diagram illustrating data flows between MBC-Platform server and affiliated entities within various embodiments of the L-PROMO. Within various embodiments, one or more consumers user(s) 102, L-PROMO server 120, L-PROMO database(s) 119, merchants 110, mobile carrier 125, financial network(s)/system(s) 130, and/or social media 150 are shown to interact via various communication network 113. ¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system);
b. a bank network, comprising: a payment database; and a bank promotion database (¶0028 In one embodiment, the merchant 110 may submit a merchant ID and the consumer's L-PROMO payment information 117 to the L-PROMO server 120 for promotions/offers redemption and payment processing. In another embodiment, the merchant may submit information with regard to promotions, offers, rewards, and/or the like 118 to the L-PROMO server 120. ¶0162 The merchant can perform the qualification of the financing promotion by communicating the promotional financing information using a special field in a message for the transaction called a `Multiple Clearing Sequence Number` (MCSN) field. A merchant or acquirer can, based on the private label or co-brand issuer Bank Identification Number (BIN), interrogate the contents of a shopping basket to determine if there are any items present that qualify for a promotion. If so, the merchant would indicate that determination in a transmitted message that the transaction contains a promotional item in the shopping basket. To do so, the merchant populates a special value ("promotional code") in specified fields of the Visa authorization, and/or clearing and settlement records. Additionally (or alternatively), the merchant/acquirer can create a clearing record for the promotional item, separate from the rest of the items purchased, to allow for special issuer handling of the qualified promotional item, associating both clearing items together using the MCSN field);
c. a brand network, comprising: a product database; and a brand promotion database (¶0028 In one embodiment, the merchant 110 may submit a merchant ID and the consumer's L-PROMO payment information 117 to the L-PROMO server 120 for promotions/offers redemption and payment processing. In another embodiment, the merchant may submit information with regard to promotions, offers, rewards, and/or the like 118 to the L-PROMO server 120. For example, the merchant may provide loyalty discounts to a consumer when the L-PROMO has verified that the consumer has repeated purchasing record with the merchant);
d. a merchant point of sale (POS) device (¶0047 In one embodiment, upon registration, a L-PROMO consumer may shop with his L-PROMO account for payment. The consumer may submit his L-PROMO account information for payment 235. For example, the consumer may swipe his L-PROMO card at a POS terminal in a merchant store, or enter the L-PROMO card number during online shopping checkout, or engage a L-PROMO enabled smartphone for NFC checkout. The merchant may forward the received L-PROMO payment information to the L-PROMO platform 120, which may then in turn retrieve consumer's bank accounts and/or the social media accounts to process payment 238.);
e. a shopper mobile device, comprising a merchant application (¶0014 FIGS. 6A-6E show example screenshot diagrams illustrating consumer mobile applications within embodiments of the L-PROMO; ¶0075 the L-PROMO may link the consumer's mobile number 317 to the consumer's L-PROMO account. In another implementation, the L-PROMO may link the consumer's bank accounts to the L-PROMO account for payment processing, e.g., a Visa credit card 318, etc. In another implementation, the L-PROMO may link the consumer's social media accounts to the L-PROMO account, such as the Facebook account 319, twitter account, etc.); and
wherein, the merchant network, bank network, brand network, merchant POS device, and shopper mobile device are configured to communicate with one or more of each other (¶0025 FIG. 1A shows a block diagram illustrating data flows between MBC-Platform server and affiliated entities within various embodiments of the L-PROMO. Within various embodiments, one or more consumers user(s) 102, L-PROMO server 120, L-PROMO database(s) 119, merchants 110, mobile carrier 125, financial network(s)/system(s) 130, and/or social media 150 are shown to interact via various communication network 113. ¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system).
Although not explicitly taught by Taylor, Regmi teaches in the analogous art of cross-promotional techniques:
store behavioral interaction data from shoppers (¶0152 A beneficial feature of certain embodiments is the ability for retailers to better understand their customers (and potential customers) through analysis and/or intelligence about consumer behavior in reaction to various promotional offers);
dynamically rank offers based on real-time shopper feedback and purchase behavior (¶0189 In some embodiments, once a set of suitable cross-promotion partners have been identified (block 2820) (by any appropriate procedures, including without limitation those described above), the method 2800 might further comprise ranking each of the identified suitable cross-promotion partners (block 2825). A variety of factors may be used to rank the identified partners. In some cases, for instance, data about consumer behavior may be used to rank the identified partners ¶0114 The display screen 1000, which, as noted above is invoked when the consumer declines a display promotional offer, can provide options for the consumer to customize his or her user experience, based on the characteristics of the decline the offer. As a simple example, the display screen 1000 includes a user-selectable option 1005 to remove the selected promotional offer from the list of offers that have been identified for the consumer. Additionally and/or alternatively, the display screen 1000 may offer additional options as well.);
select merchants for promotion based on shopper-preferred brand-product pairings (¶0186 Merely by way of example, the method 2700, in some embodiments, comprises identifying a potential cross-promotion partner for the merchant (block 2735). Any of a variety of techniques can be used to identify a potential cross-promotion partner. Merely by way of example, in some cases, the computer system might simply list for the user all merchants that have indicated an interest in participating in cross-promotions (e.g., by searching a merchant database for profiles of merchants that have indicated such an interest as described above) and allowing the user to select one or more potential partners from this list ¶0188 In other cases, the computer system might identify suitable cross-promotion partners based on historical data about consumer behavior. Merely by way of example, the computer system might review information about consumer acceptance of various promotional offers from various merchants to identify merchants with a relatively high number of consumers in common with the merchant seeking a cross-promotion partner.);
coordinate cross-promotions with brand campaigns based on merchant performance metrics (¶0189 In some embodiments, once a set of suitable cross-promotion partners have been identified (block 2820) (by any appropriate procedures, including without limitation those described above), the method 2800 might further comprise ranking each of the identified suitable cross-promotion partners (block 2825). A variety of factors may be used to rank the identified partners. In some cases, for instance, data about consumer behavior may be used to rank the identified partners);
identify eligible shoppers and trigger campaign logic based on predefined rule sets (¶0075 Upon receiving this transaction data (block 280), e.g., from a point of sale device at a retailer, the computer system determines (based on the consumer identifier and the product identifier(s) whether the consumer is eligible for any promotional discounts on any of the identified products being purchased (block 285).);
record and adjust offers based on shopper feedback and promotion effectiveness (¶0071 In some cases, the computer system may be configured to modify a discount offered to a particular consumer (block 275). Discounts may be modified for a variety of reasons. Merely by way of example, a discount offered to a particular consumer may be modified based on information in a consumer's profile);
analyze shopper survey feedback and personalize offers in real time (¶0129 the display screen 1300 can receive user input (for example a mouse click on a column heading) to sort the displayed list (e.g., in ascending order, descending order, etc.) by values in that column. Also, as noted above, each displayed offer may include an interface element (such as the illustrated "No Thanks" hyperlink) to allow the consumer to remove a selected offer from the list of identified promotional offers. Other mechanisms for managing the displayed list of offers are available as well, and the tools described herein should not be considered limiting ¶0131 Returning now to FIG. 6, after receiving user input for managing the list, the computer system may redisplay the list according to the consumer's desires, as indicated by the user input (indicated by the broken line between blocks 650 and 645) and/or may in generate and display a revised list of identified offers, based at least in part on the user input received from the consumer);
detect shopper check-in and retrieve a personalized ranked offer list from the shopper base module (¶0074 As noted above, in many embodiments the computer system that manages the promotional program is communication with the point of sale for the promoted products; this can allow the managing computer system to participate in the purchase transaction, so as to apply any promotional discount the pertains to purchase product. For example, when the consumer visits a retailer to purchase a promoted product, the retailer creates a purchase transaction for the product and transmits transaction data about the transaction to the computer system (typically, these steps can be performed automatically by point of sale device when the consumer "checks out" at the point of sale) ¶0117 in certain embodiments it may be advantageous to allow the consumer to identify preferred locations for the consumer, since promotional offers for products sold near those preferred locations likely will be of more interest to the consumer than offers requiring substantial travel by the consumer. Accordingly, returning to FIG. 6, the method 600, in an embodiment, further includes providing a mechanism for the consumer to identify one or more locations preferred by the consumer, and/or receiving input identifying such locations (block 630).);
receive personalized offers, rate received offers, submit behavioral and preference feedback, and receive compensation based on engagement activity (¶0173 FIG. 26 provides yet another example of a display screen 2600 that can be used to provide consumer intelligence to a retailer. This display screen 2600 provides a report comprising tabular data 2606 about the most targeted (by consumers) promotional offers, items and/or search phrases, ranked by frequency. The data includes information about the offer, item and/or phrase, as well as the number of wish lists and/or the number of shopping lists (and/or a combination of both) on which the offer, item, and/or phrase appears. ¶0130 If desired, the consumer can select a promotional offer record for which the consumer would like to view a detailed display of the offer (for example, by clicking with a pointing device on the item to which the offer pertains, such as the hyperlink "BluRay Player" for the offer 1310a in the first row of the list 1305).);
wherein shopper feedback is used to dynamically adjust promotional delivery logic in at least one of the brand base module, bank base module, or merchant base module (¶0198 At block 2780, the computer system displays the feedback (e.g., in a user interface) for the merchant that originally proposed the cross-promotion. This display, in an aspect might be similar to the display of the original proposal to the potential partner (as described above with respect to blocks 2765 and 2770). Accordingly, if the potential partner's feedback included any suggested changes to the proposed cross-promotion, mechanisms similar to those described above may be provided to allow the proposing merchant to respond to this feedback. ¶0130 If desired, the consumer can select a promotional offer record for which the consumer would like to view a detailed display of the offer (for example, by clicking with a pointing device on the item to which the offer pertains, such as the hyperlink "BluRay Player" for the offer 1310a in the first row of the list 1305).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cross-promotional techniques of Regmi with the system for loyalty promotion of Taylor for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Taylor ¶0006 teaches that it is desirable for consumers to collect and redeem coupons/promotions;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Taylor Abstract teaches receiving consumer identifying information from a consumer electronic wallet vehicle, receiving merchant information and a proposed transaction from a merchant terminal, initiating consumer payment by sending a payment approval to an electronic wallet account; receiving a request to apply a promotional offer, determining consumer eligibility to apply the promotional offer to the proposed transaction, and Regmi Abstract teaches tools for improving interactions between promoters and consumers of products; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Taylor at least the above cited paragraphs, and Regmi at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the cross-promotional techniques of Regmi with the system for loyalty promotion of Taylor. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Taylor teaches:
Claim 3. The system of claim 1, wherein the merchant POS device is configured to detect the presence of a shopper mobile device within a merchant store, wherein a shopper can check in to the merchant store via the merchant application, and receive offers, rate offers, and/or conduct transactions at the merchant store (¶0092 In another implementation, a consumer may edit his L-PROMO profile to specify offers he is interested in via a L-PROMO consumer web application 407. For example, a consumer may specify a category of merchant offers that he is interested in, e.g., electronics, coffee, grocery, apparel, etc. For another example, the consumer may specify a merchant brand name, e.g., Crossroads Cafe, etc. For another example, the consumer may receive recommendations based upon wish-list additions or searches, check-in integration with location based services (e.g., Facebook Places, Foursquare) for delivery of contextual offers. ¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system.).
Taylor teaches:
Claim 4. The system of claim 3, wherein the merchant POS device comprises beacons and/or proximity sensors configured for detecting the presence of the shopper mobile device within the merchant store (¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system).
Taylor teaches:
Claim 5. The system of claim 1, wherein the merchant base module is configured to identify shoppers to offer bank and/or brand products and/or services to (¶0028 In one embodiment, the merchant 110 may submit a merchant ID and the consumer's L-PROMO payment information 117 to the L-PROMO server 120 for promotions/offers redemption and payment processing. In another embodiment, the merchant may submit information with regard to promotions, offers, rewards, and/or the like 118 to the L-PROMO server 120. For example, the merchant may provide loyalty discounts to a consumer when the L-PROMO has verified that the consumer has repeated purchasing record with the merchant).
Taylor teaches:
Claim 6. The system of claim 1, wherein the bank network is configured to process payments between shoppers, merchants, banks and/or brands (¶0028 In one embodiment, the merchant 110 may submit a merchant ID and the consumer's L-PROMO payment information 117 to the L-PROMO server 120 for promotions/offers redemption and payment processing. In another embodiment, the merchant may submit information with regard to promotions, offers, rewards, and/or the like 118 to the L-PROMO server 120. ¶0162 The merchant can perform the qualification of the financing promotion by communicating the promotional financing information using a special field in a message for the transaction called a `Multiple Clearing Sequence Number` (MCSN) field. A merchant or acquirer can, based on the private label or co-brand issuer Bank Identification Number (BIN), interrogate the contents of a shopping basket to determine if there are any items present that qualify for a promotion. If so, the merchant would indicate that determination in a transmitted message that the transaction contains a promotional item in the shopping basket. To do so, the merchant populates a special value ("promotional code") in specified fields of the Visa authorization, and/or clearing and settlement records. Additionally (or alternatively), the merchant/acquirer can create a clearing record for the promotional item, separate from the rest of the items purchased, to allow for special issuer handling of the qualified promotional item, associating both clearing items together using the MCSN field.).
Taylor teaches:
Claim 7. The system of claim 5, wherein the bank base module is configured to identify merchants, shoppers, and/or brands to co-promote products and/or services (¶0162 The merchant can perform the qualification of the financing promotion by communicating the promotional financing information using a special field in a message for the transaction called a `Multiple Clearing Sequence Number` (MCSN) field. A merchant or acquirer can, based on the private label or co-brand issuer Bank Identification Number (BIN), interrogate the contents of a shopping basket to determine if there are any items present that qualify for a promotion. If so, the merchant would indicate that determination in a transmitted message that the transaction contains a promotional item in the shopping basket. To do so, the merchant populates a special value ("promotional code") in specified fields of the Visa authorization, and/or clearing and settlement records. Additionally (or alternatively), the merchant/acquirer can create a clearing record for the promotional item, separate from the rest of the items purchased, to allow for special issuer handling of the qualified promotional item, associating both clearing items together using the MCSN field.).
Taylor teaches:
Claim 8. The system of claim 1, wherein the brand network is configured to coordinate product delivery to merchants and promotions to shoppers (¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system. For example, the user may choose from a number of cards (e.g., credit cards, debit cards, prepaid cards, etc.) from various card providers, e.g., 1013. In some implementations, the app may provide the user the option to pay the purchase amount using funds included in a bank account of the user, e.g., a checking, savings, money market, current account, etc., e.g., 1014.).
Taylor teaches:
Claim 9. The system of claim 1, wherein the brand base module is configured to identify shoppers to promote offers on products and/or serves at specific merchants (¶0028 In one embodiment, the merchant 110 may submit a merchant ID and the consumer's L-PROMO payment information 117 to the L-PROMO server 120 for promotions/offers redemption and payment processing. In another embodiment, the merchant may submit information with regard to promotions, offers, rewards, and/or the like 118 to the L-PROMO server 120. For example, the merchant may provide loyalty discounts to a consumer when the L-PROMO has verified that the consumer has repeated purchasing record with the merchant.).
Taylor teaches:
Claim 10. The system of claim 1, further comprising a market research module configured to request shoppers to rate offers they receive to learn which kinds of offers they prefer for different kinds of products and/or product categories (¶0092 In another implementation, a consumer may edit his L-PROMO profile to specify offers he is interested in via a L-PROMO consumer web application 407. For example, a consumer may specify a category of merchant offers that he is interested in, e.g., electronics, coffee, grocery, apparel, etc. For another example, the consumer may specify a merchant brand name, e.g., Crossroads Cafe, etc. For another example, the consumer may receive recommendations based upon wish-list additions or searches, check-in integration with location based services (e.g., Facebook Places, Foursquare) for delivery of contextual offers..).
Taylor teaches:
Claim 11. The system of claim 1, wherein the shopper module is configured to request and collect feedback on merchants, brands, and/or products/services, and is further configured to direct shoppers to promoted brands, products/services, and/or merchants (¶0084 In one embodiment, when a consumer shops with the merchant, the merchant may receive offer redemption information 352, and store the offer redemption record for campaign performance analysis. In one implementation, the merchant ma analyze campaign performance 355 via a L-PROMO merchant control panel 350 based on statistical data of the offer redemptions, and adjust campaign parameters 360 based on the performance. In one implementation, the merchant may adjust campaign parameters on a periodic basis based on performance feedbacks, as further implemented in FIG. 4B. ¶[0119 FIGS. 5A-5G provide example screen shots illustrating consumer experience within embodiments of the L-PROMO. In one embodiment, as shown in FIG. 5A, the L-PROMO may bridge with a partner network (e.g., Joyalty 506) for L-PROMO deployment. In one implementation, the L-PROMO may provide issuers 505 with an effective means for engagement with consumers to drive "top of wallet" and minimize costs of rewards programs. The L-PROMO may increase card usage and spend with delivery of relevant offers at the point of transaction using the issuer control panel/API to manage offer targeting for issuer or co-brand partner merchants (e.g., offer additional rewards or incentives to encourage use of specific card portfolios). The L-PROMO may reduce expense of issuer rewards program using Visa managed service for offers/loyalty management and messaging of programs to differentiate issuer services).
Taylor teaches:
Claim 12. The system of claim 1, wherein shoppers are provided incentives for stating which brands and/or products/services they prefer, rating brand and/or bank offers they receive, providing feedback on products/services, brands, merchants, and/or banks, and wherein brands and banks promote merchants, products/services to identified customers (¶0084 In one embodiment, when a consumer shops with the merchant, the merchant may receive offer redemption information 352, and store the offer redemption record for campaign performance analysis. In one implementation, the merchant ma analyze campaign performance 355 via a L-PROMO merchant control panel 350 based on statistical data of the offer redemptions, and adjust campaign parameters 360 based on the performance. In one implementation, the merchant may adjust campaign parameters on a periodic basis based on performance feedbacks, as further implemented in FIG. 4B. ¶[0119 FIGS. 5A-5G provide example screen shots illustrating consumer experience within embodiments of the L-PROMO. In one embodiment, as shown in FIG. 5A, the L-PROMO may bridge with a partner network (e.g., Joyalty 506) for L-PROMO deployment. In one implementation, the L-PROMO may provide issuers 505 with an effective means for engagement with consumers to drive "top of wallet" and minimize costs of rewards programs. The L-PROMO may increase card usage and spend with delivery of relevant offers at the point of transaction using the issuer control panel/API to manage offer targeting for issuer or co-brand partner merchants (e.g., offer additional rewards or incentives to encourage use of specific card portfolios). The L-PROMO may reduce expense of issuer rewards program using Visa managed service for offers/loyalty management and messaging of programs to differentiate issuer services.).
As per claim 13, the system tracks the system of claim 1, respectively, resulting in substantially similar limitations. The same cited prior art and rationale of claim 1 are applied to claim 13, respectively. Additional mappings are as follows: Taylor teaches:
a. a shopper mobile device (¶0014 FIGS. 6A-6E show example screenshot diagrams illustrating consumer mobile applications within embodiments of the L-PROMO; ¶0075 the L-PROMO may link the consumer's mobile number 317 to the consumer's L-PROMO account. In another implementation, the L-PROMO may link the consumer's bank accounts to the L-PROMO account for payment processing, e.g., a Visa credit card 318, etc. In another implementation, the L-PROMO may link the consumer's social media accounts to the L-PROMO account, such as the Facebook account 319, twitter account, etc.););
b. a merchant device that allows a shopper to check in, receive and rate offers and conduct transactions at a merchant location (¶0092 In another implementation, a consumer may edit his L-PROMO profile to specify offers he is interested in via a L-PROMO consumer web application 407. For example, a consumer may specify a category of merchant offers that he is interested in, e.g., electronics, coffee, grocery, apparel, etc. For another example, the consumer may specify a merchant brand name, e.g., Crossroads Cafe, etc. For another example, the consumer may receive recommendations based upon wish-list additions or searches, check-in integration with location based services (e.g., Facebook Places, Foursquare) for delivery of contextual offers. ¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system);
c. a merchant module that identifies shoppers to offer co-promoted bank and/or brand products and services (¶0162 The merchant can perform the qualification of the financing promotion by communicating the promotional financing information using a special field in a message for the transaction called a `Multiple Clearing Sequence Number` (MCSN) field. A merchant or acquirer can, based on the private label or co-brand issuer Bank Identification Number (BIN), interrogate the contents of a shopping basket to determine if there are any items present that qualify for a promotion. If so, the merchant would indicate that determination in a transmitted message that the transaction contains a promotional item in the shopping basket. To do so, the merchant populates a special value ("promotional code") in specified fields of the Visa authorization, and/or clearing and settlement records. Additionally (or alternatively), the merchant/acquirer can create a clearing record for the promotional item, separate from the rest of the items purchased, to allow for special issuer handling of the qualified promotional item, associating both clearing items together using the MCSN field);
d. a bank network that processes payments between shoppers, merchants, banks and/or brands (¶0028 In one embodiment, the merchant 110 may submit a merchant ID and the consumer's L-PROMO payment information 117 to the L-PROMO server 120 for promotions/offers redemption and payment processing. In another embodiment, the merchant may submit information with regard to promotions, offers, rewards, and/or the like 118 to the L-PROMO server 120. ¶0162 The merchant can perform the qualification of the financing promotion by communicating the promotional financing information using a special field in a message for the transaction called a `Multiple Clearing Sequence Number` (MCSN) field. A merchant or acquirer can, based on the private label or co-brand issuer Bank Identification Number (BIN), interrogate the contents of a shopping basket to determine if there are any items present that qualify for a promotion. If so, the merchant would indicate that determination in a transmitted message that the transaction contains a promotional item in the shopping basket. To do so, the merchant populates a special value ("promotional code") in specified fields of the Visa authorization, and/or clearing and settlement records. Additionally (or alternatively), the merchant/acquirer can create a clearing record for the promotional item, separate from the rest of the items purchased, to allow for special issuer handling of the qualified promotional item, associating both clearing items together using the MCSN field);
e. a bank module that identifies merchants, shoppers, and/or brands to co-promote products and services including from banks and/or brands (¶0162 The merchant can perform the qualification of the financing promotion by communicating the promotional financing information using a special field in a message for the transaction called a `Multiple Clearing Sequence Number` (MCSN) field. A merchant or acquirer can, based on the private label or co-brand issuer Bank Identification Number (BIN), interrogate the contents of a shopping basket to determine if there are any items present that qualify for a promotion. If so, the merchant would indicate that determination in a transmitted message that the transaction contains a promotional item in the shopping basket. To do so, the merchant populates a special value ("promotional code") in specified fields of the Visa authorization, and/or clearing and settlement records. Additionally (or alternatively), the merchant/acquirer can create a clearing record for the promotional item, separate from the rest of the items purchased, to allow for special issuer handling of the qualified promotional item, associating both clearing items together using the MCSN field);
f. a brand network that coordinates product delivery to merchants and promotions to shoppers (¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system. For example, the user may choose from a number of cards (e.g., credit cards, debit cards, prepaid cards, etc.) from various card providers, e.g., 1013. In some implementations, the app may provide the user the option to pay the purchase amount using funds included in a bank account of the user, e.g., a checking, savings, money market, current account, etc., e.g., 1014);
g. a communications module that monitors the merchant device for shopper check-in (¶0092 In another implementation, a consumer may edit his L-PROMO profile to specify offers he is interested in via a L-PROMO consumer web application 407. For example, a consumer may specify a category of merchant offers that he is interested in, e.g., electronics, coffee, grocery, apparel, etc. For another example, the consumer may specify a merchant brand name, e.g., Crossroads Cafe, etc. For another example, the consumer may receive recommendations based upon wish-list additions or searches, check-in integration with location based services (e.g., Facebook Places, Foursquare) for delivery of contextual offers. ¶0254 In some implementations, the app executing on the client device of the user may include an app interface providing various features for the user. In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product(s). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant. In some implementations, the L-PROMO may provide an API for participating merchants directly to facilitate transaction processing. In some implementations, a merchant-branded L-PROMO application is developed with the L-PROMO functionality, which may directly connect the user into the merchant's transaction processing system);
h. a brand module that identifies shoppers to promote offers on their products at specific merchants (¶0162 The merchant can perform the qualification of the financing promotion by communicating the promotional financing information using a special field in a message for the transaction called a `Multiple Clearing Sequence Number` (MCSN) field. A merchant or acquirer can, based on the private label or co-brand issuer Bank Identification Number (BIN), interrogate the contents of a shopping basket to determine if there are any items present that qualify for a promotion. If so, the merchant would indicate that determination in a transmitted message that the transaction contains a promotional item in the shopping basket. To do so, the merchant populates a special value ("promotional code") in specified fields of the Visa authorization, and/or clearing and settlement records. Additionally (or alternatively), the merchant/acquirer can create a clearing record for the promotional item, separate from the rest of the items purchased, to allow for special issuer handling of the qualified promotional item, associating both clearing items together using the MCSN field);
1. a brand offer-rating module that asks shoppers to rate offers they receive to learn which kinds of offers they prefer for different kinds of products and/or product categories (¶0092 In another implementation, a consumer may edit his L-PROMO profile to specify offers he is interested in via a L-PROMO consumer web application 407. For example, a consumer may specify a category of merchant offers that he is interested in, e.g., electronics, coffee, grocery, apparel, etc. For another example, the consumer may specify a merchant brand name, e.g., Crossroads Cafe, etc. For another example, the consumer may receive recommendations based upon wish-list additions or searches, check-in integration with location based services (e.g., Facebook Places, Foursquare) for delivery of contextual offers);
J. a shopper module that delivers surveys, collects feedback on merchants, brands, and products, and directs users to promoted brands, products, and merchants (¶0084 In one embodiment, when a consumer shops with the merchant, the merchant may receive offer redemption information 352, and store the offer redemption record for campaign performance analysis. In one implementation, the merchant ma analyze campaign performance 355 via a L-PROMO merchant control panel 350 based on statistical data of the offer redemptions, and adjust campaign parameters 360 based on the performance. In one implementation, the merchant may adjust campaign parameters on a periodic basis based on performance feedbacks, as further implemented in FIG. 4B. ¶[0119 FIGS. 5A-5G provide example screen shots illustrating consumer experience within embodiments of the L-PROMO. In one embodiment, as shown in FIG. 5A, the L-PROMO may bridge with a partner network (e.g., Joyalty 506) for L-PROMO deployment. In one implementation, the L-PROMO may provide issuers 505 with an effective means for engagement with consumers to drive "top of wallet" and minimize costs of rewards programs. The L-PROMO may increase card usage and spend with delivery of relevant offers at the point of transaction using the issuer control panel/API to manage offer targeting for issuer or co-brand partner merchants (e.g., offer additional rewards or incentives to encourage use of specific card portfolios). The L-PROMO may reduce expense of issuer rewards program using Visa managed service for offers/loyalty management and messaging of programs to differentiate issuer services.); and
k. wherein the shoppers are compensated for stating which brands and products they prefer, for rating brand and/or bank offers they receive, for providing feedback on products, brands, merchants, and/or banks, so that brands and/or banks may promote merchants, products and/or services to identified customers (¶0084 In one embodiment, when a consumer shops with the merchant, the merchant may receive offer redemption information 352, and store the offer redemption record for campaign performance analysis. In one implementation, the merchant ma analyze campaign performance 355 via a L-PROMO merchant control panel 350 based on statistical data of the offer redemptions, and adjust campaign parameters 360 based on the performance. In one implementation, the merchant may adjust campaign parameters on a periodic basis based on performance feedbacks, as further implemented in FIG. 4B. ¶[0119 FIGS. 5A-5G provide example screen shots illustrating consumer experience within embodiments of the L-PROMO. In one embodiment, as shown in FIG. 5A, the L-PROMO may bridge with a partner network (e.g., Joyalty 506) for L-PROMO deployment. In one implementation, the L-PROMO may provide issuers 505 with an effective means for engagement with consumers to drive "top of wallet" and minimize costs of rewards programs. The L-PROMO may increase card usage and spend with delivery of relevant offers at the point of transaction using the issuer control panel/API to manage offer targeting for issuer or co-brand partner merchants (e.g., offer additional rewards or incentives to encourage use of specific card portfolios). The L-PROMO may reduce expense of issuer rewards program using Visa managed service for offers/loyalty management and messaging of programs to differentiate issuer services. ¶0195 In one alternative, The authorization response for the transaction that is received and sent by the transaction handler can include an indicator from the issuer that the transaction is the first such transaction that is conducted on the account. If so, then the difference between the amounts in the authorization request and the authorization response can be based upon a promotion as determined from the indicator from the issuer that the transaction is the first said transaction conducted on the account. As such, the promotion is given to the accountholder as an incentive to begin using the account with the merchant.).
Conclusion
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/KURTIS GILLS/Primary Examiner, Art Unit 3624
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