DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the drawings have been submitted in color and are not clear in black ink, as normally required, to secure solid black lines. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 6, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 are rejected under 35 U.S.C. 101 because the claims are directed to a judicial exception, in this case the exception is an abstract idea (see MPEP 2016.03) without significantly more.
Independent Claims 1 and 9
Step 2A – Prong One:
The limitations of these claims recite the following:
determining that a first device is in proximity of a retail location, including:
determining a geolocation of the first device
generating a geofence around the retail location
determining that the first device is within the geofence
These limitations recite an abstract ideas, specifically a mental process on a generic computer or in a computer environment (see MPEP 2016.04(a)(2)). The determining the geolocation of devices, generating a geofence around a location, and determining that a device is within a geofence are concepts that can be performed in the human mind, specifically observation and evaluation. A person, using their mind can determine the location of a user’s device using a computer,
Claims 1, and 9 recite an abstract idea.
Step 2A – Prong Two:
The scope of the independent claim limitations incorporate the following additional elements:
A server and computer devices
A graphical user interface (GUI)
Encrypting a communication channel
Transmitting GUI data, instructions, and an invitation
These additional elements listed above, or combination of these elements, amount to nothing more than simply reciting the abstract idea while adding the words ‘apply it’, MPEP 2106.05(f). The system elements, a server and computer devices, to implement the abstract idea amount to mere instructions to apply it using generic computer components. Further additional elements that recite generally implemented computer processes, generating a geofence and the transmission of data elements, like GUI data, instructions and an invitation, are recited at a high level of generality amount to nothing more than instructions to apply the abstract idea without any improvement to technology, technical field, or to the functioning of the computer itself.
Therefore, the additional elements, whether evaluated individually or in combination, fail to integrate the recited abstract idea into a practical application.
The claimed invention is directed to an abstract idea.
Step 2B
Under Step 2B of the patent eligibility analysis, the combination of additional elements is evaluated to determine whether they amount to something “significantly more” than the recited abstract idea of determining that a device is in proximity of a retail location. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Claims 1 and 9 are not patent eligible.
Independent Claim 15
Step 2A – Prong One:
The limitations of these claims recite the following:
determining that a first device is in proximity of a retail location, including:
determining a geolocation of the first device
generating a geofence around the retail location
determining that the first device is within the geofence
These limitations recite an abstract ideas, specifically a mental process on a generic computer or in a computer environment (see MPEP 2016.04(a)(2)). The determining the geolocation of devices, generating a geofence around a location, and determining that a device is within a geofence are concepts that can be performed in the human mind, specifically observation and evaluation. Claim 15 recites an abstract idea.
Step 2A – Prong Two:
The scope of the independent claim limitations incorporate the following additional elements:
A server and computer devices
Transmitting GUI data, instructions, and communication data
Storing the communication data
Generating an analytics dataset
These additional elements listed above, or combination of these elements, amount to nothing more than simply reciting the abstract idea while adding the words ‘apply it’, MPEP 2106.05(f). The system elements, a server and computer devices, to implement the abstract idea amount to mere instructions to apply it using generic computer components. Further additional elements that recite generally implemented computer processes, generating a geofence and the transmission of data elements, like GUI data, instructions and an invitation, are recited at a high level of generality amount to nothing more than instructions to apply the abstract idea without any improvement to technology, technical field, or to the functioning of the computer itself.
Therefore, the additional elements, whether evaluated individually or in combination, fail to integrate the recited abstract idea into a practical application.
The claimed invention is directed to an abstract idea.
Step 2B
Under Step 2B of the patent eligibility analysis, the combination of additional elements is evaluated to determine whether they amount to something “significantly more” than the recited abstract idea of determining that a device is in proximity of a retail location. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Claim 15 is not patent eligible.
Dependent Claims –
Claims 2 and 10 recite the additional elements of transmitting a set of data, establishing a communication channel, and transmitting the chat GUI. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claims 3 and 11 recite the additional element of encrypting a communication channel. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claims 4 and 12 recite the additional element of selecting an electronic currency option in a chat GUI. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claims 5 and 13 recite the additional elements of storing interaction data, generating an analytics dataset. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claims 6 and 14 recite the additional element of the customer GUI included in an installed application. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim 7 recites the additional element of displaying an event webpage or sale webpage on the customer GUI. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim 8 recites the additional element of the customer GUI with a selectable link to a livestreamed event. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim 16 recites the additional elements of the monitoring the interaction data and transmitting a sales webpage. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim 17 recites the additional element of monitoring the number of times the customer GUI was loaded. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim 18 recites the additional element of monitoring the number of times sales made. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim 19 recites the additional element of receiving a request to broadcast a sale event, and transmitting the sale event. These additional elements, whether considered individually or in combination, do not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim 20 recites the additional element of storing the interaction data. This additional element, whether considered individually or in combination, does not integrate the abstract idea into a practical application because these additional elements do not add significantly more to apply the abstract idea.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-27 are rejected under 35 U.S.C. 103 as being unpatentable over Newsum et al, US Patent Application Publication US 2017/0193530 A1, herein referred to as “Newsum”, and further in view of Rathod et al, US Patent Application Publication US 2021/0042724 A1, herein referred to as “Rathod”.
Regarding Claims 1 and 9, Newsum teaches the following limitations:
determining, by a server, that a first device is in proximity of a retail location, the first device being associated with a customer user, wherein determining that the first device is in proximity further includes:
(¶0287 – the customer’s arrival is determined by the customer device GPS coordinates being determined to be within a predefined range of distances from the retail GPS coordinates; see also ¶0051 and Fig. 1 discussing using server)
determining a geolocation of the first device
(¶0287, customer’s arrival is determined based on current location of customer mobile device; see also ¶0051 discussing process for obtaining location of mobile device)
generating a geofence around the retail location
(¶0287 – the customer’s arrival is determined to be within a predefined range of distances from the retail GPS coordinates; see also ¶0092, ¶0098 and ¶0101 - discussing customers within a dynamic geo-fencing capability and customer is considered on-site when the customer’s device for pre-determined amount of time)
determining that the first device is within the geofence
(¶0287 – the customer’s arrival is determined by the customer device GPS coordinates being determined to be within a predefined range of distances from the retail GPS coordinates)
transmitting, by the server, a first set of data indicative of a customer graphical user interface (GUI) to the first device, wherein the customer GUI includes data indicative of products sold in the retail location and sections of the retail location
(¶0281 and Fig. 3H – users can select the menu button to view the menu of items at the retail location is displayed; photos can be viewed as a list or a full screen)
transmitting, by the server, instructions to display the customer GUI on a display of the first device,
(¶0277 and Fig 3A-3K – the user interface for the customer mobile device app, that is executed on a mobile device, is generated by interacting with the server and/or the mobile device app; see also ¶0047 and ¶111-112 )
in response to the customer selecting, on the customer GUI
(¶0182-198 and Fig. 3H – the user is alerted of a special offer; the user will see the profile picture of other users who have received the offer, are on-site and have the ability to see the associated profile information of the other users; offers that are accepted will appear in the customer’s wallet)
However, Newsum doesn’t teach, but Rathod teaches the following limitations:
the customer GUI being a part of a webpage or web application window being accessed via the Internet
(¶0028 - the term “client application” refers to an application that runs on a client computing device. A client application may be written in one or more of a variety of languages, such as ‘C’, ‘C++’, ‘J2ME’, Java, ASP.Net, VB.Net and the like. Browsers, email clients, text messaging clients, calendars, and games are examples of client applications. A mobile client application refers to a client application that runs on a mobile device)
subsequently transmitting, by the server via the customer GUI, an invitation to join private circle associated with the retail location
(¶0303 – a geofence is defined; to create and provide criteria to target users including access to invited and invitation accepted friends or contacts)
on the customer GUI, a confirmation of joining the private circle, transmitting, by the server, a circle GUI providing selectable links to other customer users and event webpages,
(¶0303 – in the event of invitation acceptance invitation, user is added to event groups and provided a list of customers)
Further, it would have been obvious before the effective filing date of the claimed invention to combine the teachings of Newsum with geolocation and geofencing with the webpage applications and private group invitation teachings of Rathod because one of ordinary skill in the art could have substituted one known element for the other with predictable results, see MPEP 2143.I.B. That is, when incorporating a webpage into a GUI and transmitting an invitation to an invite only group, as discussed in Rathod, with the geolocation and geofence teachings of Newsum, the results would have been predictable.
Regarding Claims 2 and 10, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitations:
transmitting, by the server, a second set of data indicative of a chat GUI to a second device and instructions to display the chat GUI on a display of a second device associated with a second customer user in response to receiving a user request to interact with the second customer on the customer GUI
(¶0253- In-app messaging between anyone having the consumer app and/or the management app)
establishing, by the server, a communications channel between the first device and the second device
(¶0047 and Fig. 1A – each device is connected to a server and is configured for wireless voice or data communications and communicates directly or indirectly)
further in response to the establishing the communication channel, transmitting the chat GUI to the second device
(¶0047 and Fig. 1A)
Regarding Claims 3 and 11, Newsum and Rathod teach all of the limitations above. Newsum also teaches the follow limitation:
the communications channel being encrypted using a predetermined encryption library
¶0269 – utilizes Apple Pay or Google Wallet functionality/integration)
One of ordinary skill in the art would know that Apple Pay transmits information using a strong encryption process, including tokenization.
Regarding Claims 4 and 12, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitation:
the chat GUI comprising selectable options to send store credit or gift cards for the retail location or electronic currency from the customer user to the second customer user
(¶0293 and Fig. 7 – the customer mobile device app has the ability to send funds through a payment gateway API; see also ¶0269 – utilizes Apple Pay or Google Wallet functionality/integration)
One of ordinary skill in the art would know that Apple Pay and Google Wallet have the ability to send gift cards
Regarding Claims 5 and 13, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitations:
storing, by the server, interaction data generated by the customer user interacting with the customer GUI
(¶0296 and Fig. 10 – the customer attempts to access a business profile; the app checks to determine whether the customer has previously associated with that business by querying the customer’s records using the server and/or data store)
(¶0254 – interaction time stamp analytics
generating, by the server, a real-time analytics dataset comprising the interaction data tracked over a predetermined period of time
(¶0066-78 and Fig. 2B-D – the management app collects multiple data elements and provides real-time analytics, including new customer growth by time period, month to month metrics, collected from customers who have installed the app and visited a specific retail location)
transmitting, by the server, instructions to display the real-time analytics dataset on a display of a third device as part of an analytics GUI, the analytics GUI being a part of a webpage or web application window being accessed via the Internet
(¶0066-78 and Fig. 2B-D – the management app collects real-time customer data elements and presents the data into an easy-to-read and understand dashboard)
Regarding Claims 6 and 14, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitation:
the customer GUI being part of an application installed on the first device, further comprising, during a set-up of the application, receiving, by the server, data identifying the customer as a customer user
(¶0294 and Fig. 8 – when the customer mobile app is launched for the first time, the login process also validates the user through the server)
Regarding Claim 7, Newsum and Rathod teach all of the limitations above. Rathod also teaches the following limitation:
further comprising displaying at least one of event webpages and sale webpages on the customer GUI in response to the first device entering proximity to the retail location
(¶0343 – when the user enters a retail location, the user receives a welcome message and details, along with customized offers for the user to select)
Further, it would have been obvious before the effective filing date of the claimed invention to combine the teachings of Newsum with geolocation and geofencing with the location-based activity teachings of Rathod because one of ordinary skill in the art could have substituted one known element for the other with predictable results, see MPEP 2143.I.B. That is, when the user receives the welcome message and customized offers when entering a retail location, as discussed in Rathod, with the geolocation and geofence teachings of Newsum, the results would have been predictable.
Regarding Claim 8, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitation:
the customer GUI further comprising a selectable link to a livestreamed event, the livestreamed event comprising video content highlighting selected products and/or sections of the retail location
(¶0082-95 – the retail operator can push notification messages to the consumer app and provide the ability to “Deep Link” offers to display and promote additional content or information in the form of images, audio and video which the user can accept as an RSVP)
Regarding Claim 15, Newsum teaches all of the limitations above. Newsum also teaches the following limitations:
determining, by a server, that a first device is in proximity of a retail location, the retail business being associated with the employee and the first device being associated with a customer user, wherein determining that the first device is in proximity further includes:
determining a geolocation of the first device
(¶0051 and Fig. 1 – the GPS receiver or WiFi-based location system in each device may provide location data to determine geolocation for some embodiments)
generating a geofence around the retail location
(¶0052 and Fig. 1 – the small area connectivity system provide coverage with the interior of a retail space)
Under the broadest reasonable interpretation, the teaching above outlines creating a geofence around the retail location
determining that the first device is within the geofence
(¶0287, Fig. 1 and Fig. 5 – the customer’s arrival is determined by the customer device GPS coordinates being determined to be within a predefined range of distances from the retail GPS coordinates)
transmitting, by the server, a first set of data indicative of a customer graphical user interface (GUI) to the first device, wherein the customer GUI includes data indicative of products sold in the retail location and sections of the retail location
(¶0281 and Fig. 3H – users can select the menu button to view the menu of items at the retail location; photos can be viewed as a list or a full screen)
transmitting, by the server, instructions to display the customer GUI on a display of the first device, the customer GUI being a part of a webpage or web application window being accessed via the Internet
(¶0277 and Fig 3A-3K – the user interface for the customer mobile device app, that is executed on a mobile device, is generated by interacting with the server and/or the mobile device app)
storing, by the server, interaction data generated by the customer user interacting with the customer GUI
(¶0297 and Fig. 11 – the app checks to determine whether the customer has previously associated with that business by querying the customer’s records using the server and/or data store)
transmitting, by the server, a second set of data indicative of an employee GUI to a second device associated with the employee and instructions to display the employee GUI on a display of the second device,
(¶0279 and Fig. 3H – display messages between the customer and the retail enterprises)
in response to the customer selecting, on the customer GUI, a first product or a first section, establishing, by the computing device server, a communication channel between the first device and the second device via the Internet, wherein the employee is associated with the first product or first section
(¶0291-92 and Fig. 6 – messaging may be used during the customer’s visit to the retail location with personal messages from the retail location staff)
in response to establishing the communication channel, transmitting, by the server, a chat GUI to the first device and the second device, wherein the chat GUI is operable to transmit communication data over the communication channel
(¶0292 – the messages are created with suitable associated parameter to allow communication to the recipient and saved to the server for both the sender and recipient)
storing, by the server, the communication data from the chat GUI and metadata regarding the communication data
(¶0292 – the messages are created with suitable associated parameter to allow communication to the recipient and saved, in time order, to the server for both the sender and recipient)
generating, by the server, a real-time analytics dataset comprising at least one of the interaction data and the metadata regarding the communication data
(¶0273 and Fig. 2D – the management app provides customer, campaign, and usage analytics in a roll-up or singular retail location view; see also ¶0096-97 – provides real-time customer analytics)
transmitting, by the server, instructions to display the real-time analytics dataset on a display of a third device as part of an analytics GUI, the analytics GUI being a part of a webpage or web application window being accessed via the Internet
(¶0275 and Fig. 2F-H – the management app provides access to a dynamic campaign platform, including a dashboard, to evaluate key performance metrics)
However, Newsum does not teach, but Rathod does teach:
the employee GUI being a part of a webpage or web application window being accessed via the Internet
(¶0028 - the term “client application” refers to an application that runs on a client computing device. A client application may be written in one or more of a variety of languages, such as ‘C’, ‘C++’, ‘J2ME’, Java, ASP.Net, VB.Net and the like. Browsers, email clients, text messaging clients, calendars, and games are examples of client applications. A mobile client application refers to a client application that runs on a mobile device)
the analytics GUI being a part of a webpage or web application window being accessed via the Internet
(¶0028)
Further, it would have been obvious before the effective filing date of the claimed invention to combine the teachings of Newsum with geolocation and geofencing with the webpage applications and private group invitation teachings of Rathod because one of ordinary skill in the art could have substituted one known element for the other with predictable results, see MPEP 2143.I.B. That is, when incorporating a webpage into a GUI and transmitting an invitation to an invite only group, as discussed in Rathod, with the geolocation and geofence teachings of Newsum, the results would have been predictable.
Regarding Claim 16, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitations:
monitoring the interaction data
in response to the monitored interaction data meeting a predetermined threshold, transmitting, via the customer GUI, a sale webpage to the first device
(¶0286 and Fig. 4 – the retail model devices can include various data that trigger a number of activities)
Regarding Claim 17, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitation:
the monitored interaction data comprising a number of times the customer GUI is loaded by devices within the retail location
(¶0288 and Fig. 5 – the management is notified when a VIP customer, determined from the number of visits, number of reviews and amount spent, is “on-site”)
Regarding Claim 18, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitation:
the monitored interaction data comprising a number of sales made within the retail location over a predetermined period of time
(¶0153 – the leadership is notified when a VIP customer, determined from the number of visits, number of reviews and amount spent, is “on-site”)
Regarding Claim 19, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitation:
receiving, by the server from a third device via the Internet, a request to broadcast a sale event to customer devices within the geofence associated with the retail location, and, in response to receiving the request, transmitting, by the server, the sale event to the first device
(¶0044 – the management app can be presented to the customer special offers for discounts, daily specials, or recommendations upon arrival)
Regarding Claim 20, Newsum and Rathod teach all of the limitations above. Newsum also teaches the following limitation:
ending the storing the interaction data in response to detecting, by the server, that the first device has exited the geofence associated with the retail location
(¶0267 – the mobile payment will automatically pay once the customer mobile device disconnects with the beacon or geofence)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHUL SHARMA whose telephone number is (571) 272-3058. The examiner can normally be reached Monday thru Friday, 8-5 CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Uber can be reached at (571) 270-3923. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAHUL SHARMA/Examiner, Art Unit 3626
/NATHAN C UBER/Supervisory Patent Examiner, Art Unit 3626
Prosecution Insights