Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Response to Amendment
This communication is in response to the amendment filed on 12/08/2025 for the application No. 18/724,233 , Claims 1-17 are currently pending and have been examined. Claims 1-17 have been rejected as follow,
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 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-17 are not compliant with 101, according with the last “2019 Revised Patent Subject Matter Eligibility Guidance” (2019 PEG), published in the MPEP 2103 through 2106.07(c). Examiner’s analysis is presented below for all the claims.
Claim 1: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a system.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim? Yes. The claim recites the limitations of “perform product registration with a product code …perform payment … b) specify an incentive corresponding to the acquired store exiting information, refrain from specifying an incentive in a case where the store exiting information is not acquired; and c) and grant the specified incentive to the customer”.
The “perform, specify and grant” limitations, as drafted, is a process and system that, under its broadest reasonable interpretation, covers performance of the limitations as certain methods of organizing human activity, advertising, marketing or sales activities or behaviors. The system for acquire store exiting information. Thus, the claim recites an abstract idea.
Step 2A - Prong 2: Integrated into a Practical Application? No. The claim recites additional limitations, such as,
“a) acquire store exiting information … after the product registration via an operation of a customer …. and the payment of the registered product is completed, by reading the store exiting code displayed on …, wherein the store exiting information includes customer identification information for identifying the customer;” These are limitations toward accessing or receiving data. It is merely gathering data.
The Examiner analyses other supplementary elements in the claim in view of the instant disclosure: “A store exiting management system “; “ at least one memory storing instructions”; “via a terminal device”; “via the terminal device or a settlement device;”; “the terminal device via a reading device installed in a store”. These limitations comprise generic recited computer elements. The use of a “ at least one memory storing instructions; the terminal device via a reading device installed in a store” is not sufficient to integrate the abstract idea because it merely reflects the use of conventional technology and amounts to only generally linking the use of an abstract idea to a particular technological environment. MPEP 2106.05(h).
The combination of these additional elements can also be considered no more than mere instructions “to apply” the exception, See MPEP 2106.05(f).
The Examiner gives the broadest reasonable interpretation to the above elements. They are insignificant extra-solution activity. See MPEP 2106.05(g).
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claim as a whole does not integrate the method of organizing human activity into a practical application. Thus, the claim is ineligible because is directed to the recited judicial exception (abstract idea).
Step 2B : claim provides an inventive concept? No.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim,
“A store exiting management system “; “ at least one memory storing instructions”; “via a terminal device”; “via the terminal device or a settlement device;”; “the terminal device via a reading device installed in a store”, amount to no more than mere instructions to apply the exception. i.e., mere instructions to apply an exception using generic hardware and software cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B.
Here, the limitations:
“A store exiting management system “; “ at least one memory storing instructions”; “via a terminal device”; “via the terminal device or a settlement device;”; “the terminal device via a reading device installed in a store”,were considered to be extra-solution activity in Step 2A, and thus it is re-evaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field.
Other limitations in the claim, such as:
“a) acquire store exiting information … after the product registration via an operation of a customer …. and the payment of the registered product is completed, by reading the store exiting code displayed on …, wherein the store exiting information includes customer identification information for identifying the customer;”. These are limitations toward accessing or receiving data. It is merely gathering data (gathering data). Accessing or receiving data is very well understood, routine and conventional computer task activity; It represents insignificant extra solution activity. Mere data-gathering step[s] cannot make an otherwise nonstaturory claim statutory In re Grams,888 F.2d 835, 840 (Fed. Cir. 1989) (quoting In re Meyer, 688 F.2d 789, 794 (CCPA 1982)).
Further, the instant specification does not provide any indication that the elements
“A store exiting management system “; “ at least one memory storing instructions”; “via a terminal device”; “via the terminal device or a settlement device;”; “the terminal device via a reading device installed in a store”, were are anything other than generic software and hardware, and the OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); and v. Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; court decisions cited in MPEP 2106.05(d)(II) indicate that merely computer receives and sends information over a network and presenting or displaying information, is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
Accordingly, a conclusion that the ““A store exiting management system “; “ at least one memory storing instructions”; “via a terminal device”; “via the terminal device or a settlement device;”; “the terminal device via a reading device installed in a store”,
limitations (pointed above) are well-understood, routine, conventional activity is supported under Berkheimer Option 2. See MPEP 2106.05 (d). The claim is ineligible.
Claim 16: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a method.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Claim 17: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a computer-readable recording medium.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Dependent claims 2-15, the claims recite elements such as “wherein the payment is made via the terminal device”, etc. These elements do not integrate the system of organizing human activity into a practical application. The claims are ineligible.
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 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 1-3, 5, 8, 11-12, and 14-17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US PG. Pub. No. 20210065199 (UEDA).
As to claims 1, 16 and 17, UEDA discloses a store exiting management system (see Fig. 1 and associated disclosure) comprising:
at least one memory storing instructions (see at least Figs. 1-3 and associated disclosure) ; and at least one processor configured (see management server 10 in Fig. 1) to execute the instructions to:
perform product registration with a product code (see “The item “category” includes an ID (identification information”, paragraph 98 and Fig. 4; “The item “commodity” includes an ID (identification information) for identifying each commodity, and the name, image, selling price, cost price, etc., of each commodity”, paragraph 101)
via a terminal device;
(“[0060] The settlement apparatus 300 obtains information of the commodity price (step S34). For example, the settlement apparatus 300 obtains the information of the commodity price from a cash register that calculates the total amount of prices of commodities that a customer purchases. In addition, the settlement apparatus 300 recognizes and counts the money that the customer has deposited to pay for the commodity (step S35)”, paragraph 60 and Figs. 1 and 2 and associated disclosure.
“[0091] Upon receiving an operation performed on the store terminal 100 by the clerk of the store 3, the transaction content creation unit 21 creates a transaction content including: a transaction of depositing money; and the content of a coupon to be issued as a benefit on condition that the transaction is completed. The transaction content creation unit 21 registers the created transaction content in the transaction data 32 in the memory 30. When creating a coupon, information of commodities for which coupons were issued in the past, which is stored in the store data 31, can be displayed on the operation/display unit 120 of the store terminal 100, and used to create the coupon. Details of this operation will be described later.
[0092] The message release unit 22 releases information of a transaction content registered in the transaction data 32 in the memory 30, on the internet 2 as a message to customers. Specifically, the message release unit 22 creates and releases a message including the content of a transaction including a depositing process or a money change process, and the content of a coupon to be given as a benefit on condition that the transaction is completed. …. The message release unit 22 displays necessary information on the screen of the mobile terminal 400, in response to the content of operation performed on the operation/display unit 420 of the mobile terminal 400, to realize these searches, which will be described later in detail. When the customer has reserved a coupon from the mobile terminal 400, the message release unit 22 registers, in the coupon data 33 in the memory 30, information specifying the reserved coupon, information on the mobile terminal 400 used to reserve the coupon, and the like in association with each other.”, paragraphs 91 and 92 and Fig. 3.
“[0103] FIG. 5 shows an example of the transaction data 32 managed in the memory 30 of the management server 10. The transaction data 32 includes items such as “transaction ID”, “status”, “company ID”, “store ID”, “depositing content”, “commodity ID”, paragraph 103 and Fig. 5);
perform payment via the terminal device or a settlement device;
“…0092] The message release unit 22 releases information of a transaction content registered in the transaction data 32 in the memory 30, on the internet 2 as a message to customers. Specifically, the message release unit 22 creates and releases a message including the content of a transaction including a depositing process or a money change process, and the content of a coupon to be given as a benefit on condition that the transaction is completed…”, paragraph 92 and Figs. 1-3);
a) acquire store exiting information from the terminal device after the product registration via an operation of a customer on the terminal device and the payment of the registered product is completed, by reading the store exiting code displayed on the terminal device via a reading device installed in a store,
(UEDA’s system comprises a terminal device via a reading device installed in a store“…the store terminal 100 consist of computers. The deposit receiving apparatus 200 is a money handling apparatus that receives depositing of money, recognizes and counts the deposited money, and stores the deposited money therein. A reservation information reader 270 is connected to the deposit receiving apparatus 200. The reservation information reader 270 reads an optical code, such as a one-dimensional code (barcode) or a two-dimensional code (QR code (registered trademark)), which has been generated by encoding information. The reservation information reader 270 decodes the information from the optical code… “[0047] The store terminal 100, the deposit receiving apparatus 200, and the settlement apparatus 300 are installed in the store 3….”, paragraphs 46-47 and Fig. 1.
see Figs. 5-6 and associated disclosure.
“[0043] The content of a depositing process or a money change process to be requested to customers can be designated as the transaction content. Commodities and/or services that are beneficial to customers may be used as the benefit, and examples of the benefit include: a coupon available for exchange or discount of a commodity;…”, paragraph 43.
“…The reservation information reader 270 reads an optical code, such as a one-dimensional code (barcode) or a two-dimensional code (QR code (registered trademark)), which has been generated by encoding information. The reservation information reader 270 decodes the information from the optical code. The settlement apparatus 300 is a money handling apparatus. When transaction, in which customers purchase a commodity/service of a store 3, the settlement apparatus 300 executes a depositing process for money received from a customer who pays for the commodity/service. The settlement apparatus 300 may also execute a dispensing process for dispensing money as change whose amount is calculated by subtracting the price/charge of the commodity/service from the amount of the deposited money [Examiner interprets as acquire store exiting information from the terminal device after the product registration ]…”, paragraph 46.
“[0060] The settlement apparatus 300 obtains information of the commodity price (step S34). For example, the settlement apparatus 300 obtains the information of the commodity price from a cash register that calculates the total amount of prices of commodities that a customer purchases. In addition, the settlement apparatus 300 recognizes and counts the money that the customer has deposited to pay for the commodity (step S35)”, paragraph 60 and Fig. 2 and associated disclosure.
“[0091] Upon receiving an operation performed on the store terminal 100 by the clerk of the store 3, the transaction content creation unit 21 creates a transaction content including: a transaction of depositing money; and the content of a coupon to be issued as a benefit on condition that the transaction is completed. The transaction content creation unit 21 registers the created transaction content in the transaction data 32 in the memory 30. …”, paragraph 91.
“[0092] The message release unit 22 releases information of a transaction content registered in the transaction data 32 in the memory 30, on the internet 2 as a message to customers. Specifically, the message release unit 22 creates and releases a message including the content of a transaction including a depositing process or a money change process, and the content of a coupon to be given as a benefit on condition that the transaction is completed. …. The message release unit 22 displays necessary information on the screen of the mobile terminal 400, in response to the content of operation performed on the operation/display unit 420 of the mobile terminal 400, …. When the customer has reserved a coupon from the mobile terminal 400, the message release unit 22 registers, in the coupon data 33 in the memory 30, information specifying the reserved coupon, information on the mobile terminal 400 used to reserve the coupon, and the like in association with each other.”, paragraphs 92 and Fig. 3);
wherein the store exiting information includes customer identification information for identifying the customer;
(“[0117] The “reservation terminal ID” shown in FIG. 6 is identification information for identifying the mobile terminal 400 with which a customer has reserved a coupon. For example, an IMEI (International Mobile Equipment Identity) that is unique information assigned to each of cellular phones and tablets is used as a reservation terminal ID. In the transaction management system 1, each mobile terminal 400 is identified based on the reservation terminal ID to manage the coupon”, paragraph 117);
b) specify an incentive corresponding to the acquired store exiting information, refrain from specifying an incentive in a case where the store exiting information is not acquired; and
( “…The mobile terminal includes: a communication unit configured to communicate with another device to receive a message via a network, the message including information on a request for the transaction in which depositing of money or money change is to be performed, and on a benefit that is associated with the transaction and is to be given on condition that the transaction is completed [Examiner interprets as refrain from specifying an incentive in a case where the store exiting information is not acquired. In other words, no grant benefit if condition(s) is/are not meet]…”, abstract.
“[0051] When a customer has performed a transaction and acquired a coupon as a benefit, the customer can receive a cash rebate, a percent discount, or the like for a commodity price or a service charge in the store 3, according to the content of the benefit….”, paragraph 51.
“…QR code is used for specifying the depositing content that is set as a condition for establishing the reserved transaction, i.e., a condition for issuing the reserved coupon. Meanwhile, the QR code exchanged in steps S26 to S33 is benefit identification information for recognizing the content of the benefit of the coupon issued for the customer after establishing the transaction, and is also coupon recognition information for recognizing the issued coupon [Examiner interprets as the store exiting information is acquired ]. This QR code is used for specifying the content of the benefit given by establishing the transaction, i.e., the content of the benefit obtained by the issued coupon.”, paragraph 63.
“…the content of a coupon to be given as a benefit on condition that the transaction is completed…”, paragraphs 91-92);
c) grant the specified incentive to the customer.
(“…The settlement apparatus 300 applies a cash rebate or a percent discount offered by the coupon to the obtained commodity price, and calculates an actual price to be paid for the commodity by the customer. Then, the settlement apparatus 300 calculates an amount of change, based on the total amount of money deposited in the depositing unit 330 by the customer, and the price calculated by applying the coupon to the commodity price”, paragraph 84. See also paragraph 51).
As to claim 16, it comprises the same limitation than claim 1 above, therefore is rejected in similar form.
As to claim 17, it comprises the same limitation than claim 1 above, therefore is rejected in similar form. And further the claim discloses
A non-transitory computer-readable recording medium having recorded thereon a program that causes a computer to execute processing
(“0069] The store terminal 100 consists of a computer including a control unit 110, an operation/display unit 120, a memory 130, and a communication unit 140. The operation/display unit 120 functions as an operation unit through which various kinds of information are inputted. Also, the operation/display unit 120 functions as a display unit that outputs and displays various kinds of information on a screen. For example, a touch panel type liquid crystal display device is used as the operation/display unit 120. The clerk of the store 3 operates the operation/display unit 120 of the store terminal 100 to input information regarding settings, instructions, etc., while checking the various kinds of information displayed on the screen. The memory 130 is a nonvolatile storage device such as a semiconductor memory, a hard disk, or the like. The memory 130 is used for storing data necessary for implementing the functions and operations of the store terminal 100. The communication unit 140 has a function of communicating with external devices wirelessly or via wires…”, paragraph 69).
As to claim 2, UEDA discloses wherein the payment is made via the terminal device.
(“in order to manage a transaction that is performed to resolve a shortage of money in a store, a transaction management system includes a mobile terminal to make a reservation for a transaction. The mobile terminal includes: a communication unit configured to communicate with another device to receive a message via a network, the message including information on a request for the transaction in which depositing of money or money change is to be performed…”, abstract).
As to claim 3, UEDA discloses
wherein the at least one processor is further configured to execute the instructions to: specify the incentive depending on whether the payment has been made via the terminal device (paragraph 51).
As to claim 5, UEDA discloses
wherein the at least one processor is further configured to execute the instructions to: specify the incentive corresponding to an amount of the payment.
(“…the customer can use the acquired coupon to purchase the commodity at a discount price which has been calculated by applying to the commodity price a cash rebate or a percent discount offered by the coupon…”, paragraph 80.
“[0084] The settlement apparatus 300 obtains information of the price of the commodity that the customer purchases. For example, the settlement apparatus 300 is connected to a cash register (not shown) such as a POS register. The settlement apparatus 300 obtains information on the commodity price calculated by the cash register. The settlement apparatus 300 applies a cash rebate or a percent discount offered by the coupon to the obtained commodity price, and calculates an actual price to be paid for the commodity by the customer. Then, the settlement apparatus 300 calculates an amount of change, based on the total amount of money deposited in the depositing unit 330 by the customer, and the price calculated by applying the coupon to the commodity price”, paragraph 84).
As to claim 8, UEDA discloses
wherein the at least one processor is further configured to execute the instructions to: specify the incentive corresponding to a number of times the store exiting information has been acquired.
(see “the number of transactions”, paragraph 50; “number of customers who performs the transaction, i.e., the number of coupons to be issued”, paragraph 64).
As to claim 11, UEDA discloses
wherein the incentive is a coupon that is usable in subsequent transactions
(Claim 10 of UEDA).
As to claim 12, UEDA discloses
wherein the coupon is a paper coupon, wherein the at least one processor is further configured to execute the instructions to: print the coupon with a printing device.
(“…When the coupon is issued after the depositing process has been confirmed to satisfy the coupon issuance condition, the deposit receiving apparatus 200 may be provided with a coupon issuance unit including a printer, and the coupon issuance unit may print the coupon equivalent to the amount of the deposited money on paper to issue the coupon. Likewise, even when the management server 10 issues the reserved coupon, the coupon printed on paper may be issued by the coupon issuance unit”, paragraph 187).
As to claim 14, UEDA discloses
wherein the at least one processor is further configured to execute the instructions to: control output of a display device installed in a store, wherein the coupon is an electronic coupon; (“[0082] The coupon information reader 370 is connected to the settlement apparatus 300. For example, the coupon information reader 370 is a camera or a scanner for optically reading information. The settlement apparatus 300 can use the coupon information reader 370 to read a QR code of an issued coupon displayed on the operation/display unit 420 of the mobile terminal 400. The settlement apparatus 300 transmits information obtained by reading the QR code to the management server 10, and receives information on the issued coupon from the management server 10. Based on the received information, the settlement apparatus 300 specifies a commodity to which the coupon is to be applied, and executes the settlement process, with a cash rebate or a percent discount being applied to the price of this commodity”, paragraph 82 and “[0084] The settlement apparatus 300 obtains information of the price of the commodity that the customer purchases. For example, the settlement apparatus 300 is connected to a cash register (not shown) such as a POS register…”, paragraph 84).
and display on the display device installed in the store a code from which the terminal device is capable of acquiring the coupon.
(“[0046] The management server 10 and the store terminal 100 consist of computers. The deposit receiving apparatus 200 is a money handling apparatus that receives depositing of money, recognizes and counts the deposited money, and stores the deposited money therein. A reservation information reader 270 is connected to the deposit receiving apparatus 200. The reservation information reader 270 reads an optical code, such as a one-dimensional code (barcode) or a two-dimensional code (QR code (registered trademark)), which has been generated by encoding information. The reservation information reader 270 decodes the information from the optical code. The settlement apparatus 300 is a money handling apparatus. When transaction, in which customers purchase a commodity/service of a store 3, the settlement apparatus 300 executes a depositing process for money received from a customer who pays for the commodity/service. The settlement apparatus 300 may also execute a dispensing process for dispensing money as change whose amount is calculated by subtracting the price/charge of the commodity/service from the amount of the deposited money. A coupon information reader 370, which reads an optical code such as a barcode or a QR code and decodes information from the optical code, is connected to the settlement apparatus 300. The mobile terminal 400 is a portable communication terminal accessible to the internet 2, such as a cellular phone or a tablet:, paragraph 46).
As to claim 15, UEDA discloses wherein
a) the store exiting information includes customer identification information for identifying the customer
(“[0117] The “reservation terminal ID” shown in FIG. 6 is identification information for identifying the mobile terminal 400 with which a customer has reserved a coupon. For example, an IMEI (International Mobile Equipment Identity) that is unique information assigned to each of cellular phones and tablets is used as a reservation terminal ID. In the transaction management system 1, each mobile terminal 400 is identified based on the reservation terminal ID to manage the coupon”, paragraph 117),
wherein the at least one processor is further configured to execute the instructions (Fig. 1 and associated disclosure) to: display information of the customer specified by the customer identification information on a display device installed in a store.
(“[0082] The coupon information reader 370 is connected to the settlement apparatus 300. For example, the coupon information reader 370 is a camera or a scanner for optically reading information. The settlement apparatus 300 can use the coupon information reader 370 to read a QR code of an issued coupon displayed on the operation/display unit 420 of the mobile terminal 400. The settlement apparatus 300 transmits information obtained by reading the QR code to the management server 10, and receives information on the issued coupon from the management server 10. Based on the received information, the settlement apparatus 300 specifies a commodity to which the coupon is to be applied, and executes the settlement process, with a cash rebate or a percent discount being applied to the price of this commodity”, paragraph 82 and “[0084] The settlement apparatus 300 obtains information of the price of the commodity that the customer purchases. For example, the settlement apparatus 300 is connected to a cash register (not shown) such as a POS register…”, paragraph 84).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4, 6, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US PG. Pub. No. 20210065199 (UEDA).
As to claims 4, 6 and 7, UEDA discloses
Claim 4:
wherein the at least one processor is further configured to execute the instructions (see Fig. 1 and associated disclosure) to: specify the incentive such that the incentive is…. where the payment is made via the terminal device than in a case where the payment is made via a settlement device.
(UEDA’s system receives payment using a mobile terminal 400 or the settlement apparatus 300, “…The settlement apparatus 300 is a money handling apparatus. When transaction, in which customers purchase a commodity/service of a store 3, the settlement apparatus 300 executes a depositing process for money received from a customer who pays for the commodity/service. ..”, paragraph 46.
“0055] The customer visits the store 3 and performs the depositing process within the time limit set for the reserved coupon (reserved transaction). Specifically, the customer causes the QR code of the reserved coupon obtained from the management server 10 to be displayed on the screen of the mobile terminal 400 (step S21). Then, the customer causes the reservation information reader 270 connected to the deposit receiving apparatus 200 to read the QR code on the screen (step S22), and deposits money into the deposit receiving apparatus 200. …”, paragraph 55.
UEDA’s system issue and use coupon “[0088] The management server 10 consists of a computer including a control unit 20, a memory 30, and a communication unit 40. The communication unit 40 has a function of communicating with external devices wirelessly or via wires. The communication unit 40 exchanges data with external devices via the internet 2. Processes regarding creation and reservation of transaction contents, issuance and use of coupons, and the like performed in the transaction management system 1,…”, paragraph 88.
UEDA’s system establishes conditions or rules or regulations to issue and to use coupon, “…For example, release of the transaction content prepared in the store 3 corresponds to release of a coupon to be reserved by the customer and a condition for issuance of the coupon..”, paragraphs 42, 50. “…he content of a coupon to be issued as a benefit on condition that the transaction is completed…”, paragraph 91).
UEDA does not disclose
the incentive is higher in a case where the payment is made via ….
But from the teaching of UEDA’s system of receives payment using a mobile terminal 400 or the settlement apparatus 300, paragraphs 46 and 55, and issue and use coupon, paragraph 88 and establishing conditions or rules or regulations to issue and to use coupon, paragraph 91; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in UEDA’s teaching, a new rule or condition to establish higher incentive or coupon depending of the device or apparatus or machine used. It would have been obvious because each individual element and its function are shown in the prior art, there is not any difference to apply one rule or condition from another. Thus, the simple substitution of one known element for another producing a predictable result that renders the claim obvious.
Claim 6:
wherein the at least one processor is further configured to execute the instructions to: specify the incentive corresponding to a number of times the payment has been made via the terminal device.
(UEDA’s system receives payment using a mobile terminal 400 or the settlement apparatus 300, “…The settlement apparatus 300 is a money handling apparatus. When transaction, in which customers purchase a commodity/service of a store 3, the settlement apparatus 300 executes a depositing process for money received from a customer who pays for the commodity/service. ..”, paragraph 46.
“0055] The customer visits the store 3 and performs the depositing process within the time limit set for the reserved coupon (reserved transaction). Specifically, the customer causes the QR code of the reserved coupon obtained from the management server 10 to be displayed on the screen of the mobile terminal 400 (step S21). Then, the customer causes the reservation information reader 270 connected to the deposit receiving apparatus 200 to read the QR code on the screen (step S22), and deposits money into the deposit receiving apparatus 200. …”, paragraph 55.
UEDA’s system issue and use coupon “[0088] The management server 10 consists of a computer including a control unit 20, a memory 30, and a communication unit 40. The communication unit 40 has a function of communicating with external devices wirelessly or via wires. The communication unit 40 exchanges data with external devices via the internet 2. Processes regarding creation and reservation of transaction contents, issuance and use of coupons, and the like performed in the transaction management system 1,…”, paragraph 88.
UEDA’s system establishes conditions or rules or regulations to issue and to use coupon and number of transactions , “…For example, release of the transaction content prepared in the store 3 corresponds to release of a coupon to be reserved by the customer and a condition for issuance of the coupon..”, paragraphs 42, 50. “…he content of a coupon to be issued as a benefit on condition that the transaction is completed…”, paragraph 91. The number of transactions, paragraph 50; the number of customers who performs the transactio, paragraph 64).
UEDA does not expressly disclose
specify the incentive corresponding to a number of times the payment has been made via ….
But from the teaching of UEDA’s system of receives payment using a mobile terminal 400 or the settlement apparatus 300, paragraphs 46 and 55, and issue and use coupon, paragraph 88, the number of transactions (paragraph 50) and establishing conditions or rules or regulations to issue and to use coupon, paragraph 91; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in UEDA’s teaching, a new rule or condition to provide incentive based on number of times a payment has been made using a device or apparatus or machine. It would have been obvious because each individual element and its function are shown in the prior art, there is not any difference to apply one rule or condition from another. Thus, the simple substitution of one known element for another producing a predictable result that renders the claim obvious.
Claim 7:
specify the incentive such that the incentive is…. where the payment is made via the terminal device than in a case where the payment is made via a settlement device.
(UEDA’s system receives payment using a mobile terminal 400 or the settlement apparatus 300, “…The settlement apparatus 300 is a money handling apparatus. When transaction, in which customers purchase a commodity/service of a store 3, the settlement apparatus 300 executes a depositing process for money received from a customer who pays for the commodity/service. ..”, paragraph 46.
“0055] The customer visits the store 3 and performs the depositing process within the time limit set for the reserved coupon (reserved transaction). Specifically, the customer causes the QR code of the reserved coupon obtained from the management server 10 to be displayed on the screen of the mobile terminal 400 (step S21). Then, the customer causes the reservation information reader 270 connected to the deposit receiving apparatus 200 to read the QR code on the screen (step S22), and deposits money into the deposit receiving apparatus 200. …”, paragraph 55.
UEDA’s system issue and use coupon “[0088] The management server 10 consists of a computer including a control unit 20, a memory 30, and a communication unit 40. The communication unit 40 has a function of communicating with external devices wirelessly or via wires. The communication unit 40 exchanges data with external devices via the internet 2. Processes regarding creation and reservation of transaction contents, issuance and use of coupons, and the like performed in the transaction management system 1,…”, paragraph 88.
UEDA’s system establishes conditions or rules or regulations to issue and to use coupon, “…For example, release of the transaction content prepared in the store 3 corresponds to release of a coupon to be reserved by the customer and a condition for issuance of the coupon..”, paragraphs 42, 50. “…he content of a coupon to be issued as a benefit on condition that the transaction is completed…”, paragraph 91).
the number of transactions (paragraph 50); the number of customers who performs the transaction (paragraph 64).
UEDA does not disclose
specify the incentive such that the incentive becomes higher as the number of times the payment has been made via …
But from the teaching of UEDA’s system of receives payment using a mobile terminal 400 or the settlement apparatus 300, paragraphs 46 and 55, and issue and use coupon, paragraph 88, the number of transactions (paragraph 50) and establishing conditions or rules or regulations to issue and to use coupon, paragraph 91; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in UEDA’s teaching, a new rule or condition to provide incentive based on number of times a payment has been made using a device or apparatus or machine. It would have been obvious because each individual element and its function are shown in the prior art, there is not any difference to apply one rule or condition from another. Thus, the simple substitution of one known element for another producing a predictable result that renders the claim obvious.
As to claims 9, UEDA discloses
wherein the at least one processor is further configured to execute the instructions to: specify the incentive such that the incentive …
(UEDA’s system teaches number of transactions with Examiner interprets as store exiting information, “ number of customers who performs the transaction, i.e., the number of coupons to be issued”, paragraph 64. See also “ number of transactions; “, paragraph 50.
Also UEDA’s system teaches condition or rule to issue and to use coupon, “…For example, release of the transaction content prepared in the store 3 corresponds to release of a coupon to be reserved by the customer and a condition for issuance of the coupon..”, paragraphs 42, 50. “…he content of a coupon to be issued as a benefit on condition that the transaction is completed…”, paragraph 91).
UEDA does not disclose
Incentive becomes higher as the number of times the store exiting information has been acquired increases.
But from the teaching of UEDA’s system of establishing conditions or rules or regulations to issue and to use coupon, paragraph 91 and number of transactions performed, paragraphs 64 and 50; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in UEDA’s teaching, a new rule or condition to establish higher incentive or coupon depending of the number of transactions where the exiting information is acquired. It would have been obvious because each individual element and its function are shown in the prior art, there is not any difference to apply one rule or condition from another. Thus, the simple substitution of one known element for another producing a predictable result that renders the claim obvious.
Claim 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US PG. Pub. No. 20210065199 (UEDA) in view of US PG. Pub. No. 20160098741 (Postrel).
As to claim 10, UEDA discloses
wherein the store exiting information includes customer identification information for identifying the customer
(“[0117] The “reservation terminal ID” shown in FIG. 6 is identification information for identifying the mobile terminal 400 with which a customer has reserved a coupon. For example, an IMEI (International Mobile Equipment Identity) that is unique information assigned to each of cellular phones and tablets is used as a reservation terminal ID. In the transaction management system 1, each mobile terminal 400 is identified based on the reservation terminal ID to manage the coupon”, paragraph 117),
wherein the at least one processor is further configured to execute the instructions to: (Fig. 1 and associated disclosure).
UEDA does not disclose but Postrel discloses
specify the incentive corresponding to a member rank of the customer specified by the customer identification information.
(“[0021] FIG. 3 is an illustration of the customer profile database of FIG. 2”, Fig. 2 and 3 and associated disclosure.
“[0052] The embodiments described above utilize a pull methodology, wherein purchase incentives are generated and sent to the customer based on the customer trigger of scanning a bar code or entering a description of the desired product. In another aspect of the invention, push methodologies are implemented to provide the purchase incentives of this invention. In this aspect, the purchasing device sends GPS data (or other location services data) on a periodic basis to the incentive server computer. Once the purchasing device has entered a certain predefined location (such as a certain store), then purchase incentive server computer can generate incentives as described above, although the algorithms used will not take into account any product descriptions since the customer has not scanned any product codes in this embodiment. For example, a product provider may request that all customer who enter the ACME store be sent a purchase incentive for a certain product that ACME is trying to sell, which may vary based on all of the parameters described above such as income level, past purchase history, demographic profile, etc”, paragraph 52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Postrel’s teaching with the teaching of UEDA. One would have been motivated to provide functionality to generate an incentive in function of rank, income level, etc, as disclosed by Postrel (abstract and paragraph 52) in order to provide dynamic purchase incentives (see at least Postrel abstract).
As to claim 13, UEDA discloses
wherein the at least one processor is further configured to execute the instructions (Fig. 1 and associated disclosure) to: notify the terminal device of the coupon (see Fig. 1 and 2 and associated disclosure).
UEDA does not explicitly disclose but Postrel discloses
wherein the coupon is an electronic coupon,
(“…The purchase incentive(s) delivered back to the purchasing device by the incentive server computer may be used immediately (electronically displayed or printed out)…”, paragraph 60).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Postrel’s teaching with the teaching of UEDA. One would have been motivated to provide functionality to generate an electronic incentive as disclosed by Postrel (abstract and paragraph 60) in order to provide dynamic purchase incentives (see at least Postrel abstract).
Response to Arguments
Applicant’s arguments of 12/08/2025 have been very carefully considered but are not persuasive.
Applicant argues (remarks 12-15)
Claim Rejections - 35 USC §§ 102 & 103
Claims 1-3, 5, 8, 11-12, and 14-17 are rejected under 35 U.S.C. § 102(a)(l) as being
anticipated by US 20210065199 to Ueda (hereafter Ueda).
Claims 4, 6, 7 and 9 are rejected under 35 U.S.C. § 103 as being unpatentable over
Ueda.
Claim 10 and 13 are rejected under 35 U.S.C. § 103 as being unpatentable Ueda in
view of US 20160098741 to Postrel (hereafter Postrel).
Independent Claim 1
With respect to claim 1 and the NFOA, the rejections in view of the cited art are
respectfully traversed….
Applicant respectfully submits that none of the cited references, whether considered
alone or in combination, disclose, teach, or suggest each and every element of claim 1 as
explained below.
Regarding anticipation rejections under § 102, it is settled law that a "claim is anticipated
only if each and every element as set forth in the claim is found, either expressly or inherently
described, in a single prior art reference (emphasis added)." Verdegaal Bros. v. Union Oil Co. of
California, 814 F.2d 628,631, (Fed. Cir. 1987). Furthermore, the prior art reference must
clearly and unequivocally disclose the claimed invention or direct those skilled in the art to the
invention without any need for picking, choosing, and combining various disclosures not directly
related to each other by the teachings of the cited reference. In re Arkley, 455 F.2d 586, 587
(CCPA 1972).
The Examiner asserts that a prima facie of anticipation/ obviousness has been established. When a prima facie case is established, the burden shifts to applicant to come forward with persuasive rebuttal evidence or argument to overcome the prima facie case (MPEP 2145). The Examiner respectfully notes that Applicant has not provided persuasive rebuttal evidence to overcome the prima facie case. The prior art used in the prima facies is strong prior art. There is not novelty in the instant claims at the time of the invention.
Furthermore, for an obviousness rejection under§ 103 to be proper, the MPEP § 2143
clarifies that the Examiner must meet the burden of establishing that all elements of the invention
are disclosed in the prior art; that the prior art relied upon, coupled with knowledge generally
available in the art at the time of the invention, must contain some suggestion or incentive that
would have motivated the skilled artisan to modify a reference or combined references; and that
the proposed modification of the prior art must have had a reasonable expectation of success,
determined from the vantage point of the skilled artisan at the time the invention was made
In response the Examiner asserts that a prima facie of obviousness has been established. To establish a prima facie the Examiner has the burden to map all the elements and provide evidence. In the case of obviousness rejection
the Examiner respectfully notes that the Examiner applied the Graham factual analysis and applied the teaching-suggestion motivation rationale (TSM) to support the conclusion of obviousness under 35 USC 103. Also the Examiner provided articulated reasoning with rationale underpinning.
Next, the rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). See also In re Kotzab, 217 F.3d 1365, 1370, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000) (setting forth test for implicit teachings); In re Eli Lilly & Co., 902 F.2d 943, 14 USPQ2d 1741 (Fed. Cir. 1990) (discussion of reliance on legal precedent); In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988) (references do not have to explicitly suggest combining teachings) (See MPEP 2144 I)
Moreover, the elements of this instant Application are old and well known at the time of the invention. The combination set for the rejection produce results that are predictable. See “Examination Guidelines for Determining Obviousness Under 35 USC 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.” published in the Federal Register, Vol. 72, No. 195, pages 57526-57535.
When a prima facie case is established, the burden shifts to applicant to come forward with persuasive rebuttal evidence or argument to overcome the prima facie case (MPEP 2145). The Examiner respectfully notes that Applicant has not provided persuasive rebuttal evidence to overcome the prima facie case.
In contrast with the particular features of amended claim 1 detailed above, Ueda in cited
para [0043], at best, merely describes granting benefits to customers who have executed money
handling that satisfies the transaction content, which is the content of a depositing process or a
money change process…
Although Ueda's system may grant benefits merely for performing "transaction content",
amended claim 1 instead grants incentives by acquiring store exiting information that includes
customer identification information for identifying the customer. Ueda fails to teach or suggest
this feature. Moreover, additional cited art Postrel fails to remedy the deficient teachings of
Ueda detailed above.
Accordingly, claim 1 patentably distinguishes over Ueda because Ueda fails to teach or
suggest granting incentives for acquiring store exiting information. Consequently, Applicant
respectfully requests withdrawal of the instant rejections in view thereof.
In response the Examiner asserts that first of all, regarding to the allegation “Ueda in cited para [0043], at best, merely describes granting benefits to customers who have executed money handling that satisfies the transaction content, which is the content of a depositing process or a money change process…” The Examiner notes that Applicant’s comments concerning features and advantages in Ueda’s reference are based on the fact that applicant has recognized another advantage in the prior art used. The advantages in a prior art which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Secondly, the alleged amended limitation “claim 1 instead grants incentives by acquiring store exiting information that includes customer identification information for identifying the customer”, already is disclosed by the prior art presented. See complete mapping of independent claims above.
Applicant argues (remarks 9-11)
Claim Rejections - 35 USC § 101
Attorney Docket No.: Q315615
Claims 1-17 are rejected under 35 U.S.C. § 101 as allegedly directed to non-statutory
subject matter.
Independent Claim 1
With respect to claim 1 and the NFOA, the rejections under §101 are respectfully
traversed…A claim reciting a judicial exception is not directed to the judicial exception if it also
recites additional elements demonstrating that the claim as a whole integrates the exception into
a practical application. One way to demonstrate such integration is by implementing the alleged
judicial exception with, or using a judicial exception in conjunction with, a particular machine or
manufacture that is integral to the claim. See MPEP § 2106.05(b).
in response the Examiner avers that the Examiner not just merely make conclusory statements that the alleged exception in this case is not integrated in a practical application because the recited additional elements in the claims do not help to conform an eligible inventive concept. The prima facie of unpatentability established in this case is not established in the vacuum, but it is established using an extensively facially sufficient analysis presented above, to establish a prima facie of unpatentability.
The Examiner asserts that the claims were considered as a whole and in detail. A prima facie of unpatentability has been established. The Examiner respectfully notes that Applicant has not provided persuasive rebuttal arguments to overcome the prima facie case. The detail contained in the claims No strongly suggests they amount to a practical application of an idea, rather than effectively claiming the idea itself. See complete and facially sufficient analysis of the rejection above.
B. Step 2B
Even assuming, merely arguendo, that the claim is not considered integrated into a
practical application, Applicant respectfully submits that the amended claim recites significantly
more than any abstract idea.
For instance, a machine may add significantly more to an abstract idea when the machine
"play[ s] a significant part in permitting the claimed method to be performed, rather than function
solely as an obvious mechanism for permitting a solution to be achieved more quickly". See
Versata Development Group v. SAP America, 793 F.3d 1306, 1335, 115 USPQ2d 1681, 1702
(Fed. Cir. 2015)…
Accordingly, amended claim 1, as a whole, recites significantly more than any abstract
idea. Thus, Applicant asserts that claim 1 is directed to patentable subject matter…
In response the Examiner asserts that the instant claims do not integrate the judicial exception into a practical application because they are solely directed to “ system for acquire store exiting information” which is data. There are not any other additional elements to conform an eligible inventive concept in this case. The Examiner clarifies that the term "inventive concept" is often used by the courts to describe additional element(s) that amount to significantly more than a judicial exception. The Examiner directs Applicant to see MPEP 2106.05 I. THE SEARCH FOR AN INVENTIVE CONCEPT and II. ELIGIBILITY STEP 2B: WHETHER THE ADDITIONAL ELEMENTS CONTRIBUTE AN "INVENTIVE CONCEPT".
The additional elements in the instant claims “A store exiting management system “; “ at least one memory storing instructions”; “via a terminal device”; “via the terminal device or a settlement device;”; “the terminal device via a reading device installed in a store”., are not an eligible inventive concept. The Examiner found that according with high level of generality and conventional technology claimed in the pointed out additional elements, when construed, as broadly as reasonable, none of the limitations considered as an ordered combination, provides eligibility, because taken as a whole, the claim simply instruct the practitioner to implement the abstract idea with routine, conventional technology.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Data-Oriented Mobile Crowdsensing: A Comprehensive Survey”.IEEE. 2019. This publication discloses “Mobile devices equipped with rich sensors, such as smartphones, watches, or vehicles, have been pervasively used all around the world. Their high penetration and powerful sensing ability enable them to carry out heavy sensing projects by splitting tasks into small pieces. Since ordinary participants can simply employ their mobile devices to sense and upload the required data, the mobile crowdsensing (MCS) technology is gaining great popularity. However, there are still some challenges in building a complete and sustainable MCS system. Researchers these years have proposed plenty of strategies to solve these challenges in order to improve the MCS technology. In this survey, we aim to provide a comprehensive literature review on recent advances in MCS. Oriented to the data flowing in MCS projects, we survey researches from five popular aspects in three stages: 1) incentive mechanism; 2) security protection; and 3) privacy preserving, together with resource optimization in the data collection stage; the data analysis stage; and the data application stage. To provide the convenience to interested researchers, some available testbeds, simulators, and commercial service platforms are also summarized in this survey. As the MCS technology still needs further development, we discuss some lessons learned from introduced researches as well as future research directions at last.”
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA VICTORIA VANDERHORST whose telephone number is (571)270-3604. The examiner can normally be reached on business hours from Monday through Friday from 8:30 AM to 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashraf Waseem can be reached on 571-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA V VANDERHORST/Primary Examiner, Art Unit 3621 4/3/2026