DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status
This Office Action is responsive to communications filed on 5 June 2026; Claim(s) 1-2, 6, 8, 12-13, 18-20 have been amended, no claims have been added or cancelled; therefore, 1-20 is/are pending in the application and have been presented for examination.
Response to Amendments
Amendments to the claims overcome the statutory double patenting rejection(s), however the claim(s) are now rejected under non-statutory double patenting over the parent claim(s), see below.
Response to Arguments
The Applicant’s arguments amount to mere allegation of patentability and therefore are not persuasive.
The Applicant’s arguments have been fully considered however they are not persuasive and/or are moot.
Double Patenting
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 10,885,546. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of the present application are to be found in US Patent No. 10,885,546. The difference between the present application and US Patent No. 10,885,546 is the fact that the patent includes many more elements and is thus much more specific. Thus the invention of the patent is in effect a "species" of the "generic" invention of the present application. It has been held that the generic invention is "anticipated' by the "species". See In re Goodman, 29 USPQ2d 210 (Fed. Cir. 1993). Since the present application's claims are anticipated by the claims of US Patent No. 10,885,546 it is not patentably distinct from the claims of the US Patent No. 10,885,546. Furthermore, the differences between the claims, such as indicating “transmit” versus "broadcast”, appear to be either minor, necessarily required, and/or a difference in verbiage to convey the same basic activity:
Instant Application: 18/782,915
U.S. Patent No. 10,885,546
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information transmit range;
transmitting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the transmitted first control information when the mobile unit is within the restricted information transmitted range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received transmitted information triggered by the receipt at the application executed by the mobile unit of the transmitted first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the transmitted broadcast first control information;
transmitting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor transmitted range;
receiving the transmitted presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the transmitted first control information and a time of receipt of the received transmitted presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the transmitted presence information indicating the mobile unit and the user have left the restricted vendor transmit range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information broadcast range;
broadcasting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit the broadcast first control information when the mobile unit is within the restricted information broadcast range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
providing a collision avoidance period between the steps of broadcasting the first control information from the at least one of the plurality of fixed information nodes and retrieving the desired advertising information by the application executed by the mobile unit, in order to avoid collision of data transmitted from either the at least one of the plurality of fixed information nodes or the base station to the mobile unit;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received broadcast information triggered by the receipt at the application executed by the mobile unit of the broadcast first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the broadcast first control information;
broadcasting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor broadcast range;
receiving the broadcast presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the broadcast first control information and a time of receipt of the received broadcast presence information;
detecting, by the application executed by the mobile unit loss of receipt of the broadcast presence information indicating the mobile unit and the user have left the restricted vendor broadcast range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
2. The method of claim 1, wherein the transmitted information is continuously transmitted from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received transmitted information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the transmitted presence information is associated with the received transmitted information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received transmitted presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received transmitted presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information transmit range of each of the fixed information nodes is a fixed transmit range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received transmitted first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information transmit range for the at least one of the fixed information nodes and the restricted vendor transmit range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor transmit range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor transmit range.
2. The method of claim 1, wherein the broadcast information is continuously broadcast from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received broadcast information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the broadcast of presence information is associated with the received broadcast information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received broadcast presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received broadcast presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of claim 1, wherein the restricted information broadcast range of each of the fixed information nodes is a fixed broadcast range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received broadcast first control information is associated with the desired advertising information.
19. The method of claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information broadcast range for the at least one of the fixed information nodes and the restricted vendor broadcast range associated with the at least another of the fixed information nodes can be different.
20. The method of claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor broadcast range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor broadcast range.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,039,566. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of the present application are to be found in US Patent No. 12,039,566. The difference between the present application and US Patent No. 12,039,566 is the fact that the patent includes many more elements and is thus much more specific. Furthermore, the differences between the claims, such as indicating “transmit” versus "broadcast”, appear to be either minor, necessarily required, and/or a difference in verbiage to convey the same basic activity. Thus the invention of the patent is in effect a "species" of the "generic" invention of the present application. It has been held that the generic invention is "anticipated' by the "species". See In re Goodman, 29 USPQ2d 210 (Fed. Cir. 1993). Since the present application's claims are anticipated by the claims of US Patent No. 12,039,566 it is not patentably distinct from the claims of the US Patent No. 12,039,566:
Instant Application: 18/782,915
U.S. Patent No. 12,039,566
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information transmit range;
transmitting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the transmitted first control information when the mobile unit is within the restricted information transmitted range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received transmitted information triggered by the receipt at the application executed by the mobile unit of the transmitted first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the transmitted broadcast first control information;
transmitting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor transmitted range;
receiving the transmitted presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the transmitted first control information and a time of receipt of the received transmitted presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the transmitted presence information indicating the mobile unit and the user have left the restricted vendor transmit range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information broadcast range;
broadcasting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the broadcast first control information when the mobile unit is within the restricted information broadcast range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
providing a collision avoidance period between the steps of broadcasting the first control information from the at least one of the plurality of fixed information nodes and retrieving the desired advertising information by the application executed by the mobile unit, in order to avoid collision of data transmitted from either the at least one of the plurality of fixed information nodes or the base station to the mobile unit;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received broadcast information triggered by the receipt at the application executed by the mobile unit of the broadcast first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the broadcast first control information;
broadcasting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor broadcast range;
receiving the broadcast presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the broadcast first control information and a time of receipt of the received broadcast presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the broadcast presence information indicating the mobile unit and the user have left the restricted vendor broadcast range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
2. The method of claim 1, wherein the transmitted information is continuously transmitted from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received transmitted information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the transmitted presence information is associated with the received transmitted information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received transmitted presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received transmitted presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information transmit range of each of the fixed information nodes is a fixed transmit range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received transmitted first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information transmit range for the at least one of the fixed information nodes and the restricted vendor transmit range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor transmit range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor transmit range.
2. The method of claim 1, wherein the broadcast information is continuously broadcast from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received broadcast information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the broadcast of presence information is associated with the received broadcast information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received broadcast presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received broadcast presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information broadcast range of each of the fixed information nodes is a fixed broadcast range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received broadcast first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information broadcast range for the at least one of the fixed information nodes and the restricted vendor broadcast range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor broadcast range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor broadcast range.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,443,972. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of the present application are to be found in US Patent No. 12,443,972. The difference between the present application and US Patent No. 12,443,972 is the fact that the patent includes many more elements and is thus much more specific. Thus the invention of the patent is in effect a "species" of the "generic" invention of the present application. It has been held that the generic invention is "anticipated' by the "species". See In re Goodman, 29 USPQ2d 210 (Fed. Cir. 1993). Since the present application's claims are anticipated by the claims of US Patent No. 12,443,972 it is not patentably distinct from the claims of the US Patent No. 12,443,972. Furthermore, the differences between the claims, such as indicating “transmit” versus "broadcast”, appear to be either minor, necessarily required, and/or a difference in verbiage to convey the same basic activity:
Instant Application: 18/782,915
U.S. Patent No. 12,443,972
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information transmit range;
transmitting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the transmitted first control information when the mobile unit is within the restricted information transmitted range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received transmitted information triggered by the receipt at the application executed by the mobile unit of the transmitted first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the transmitted broadcast first control information;
transmitting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor transmitted range;
receiving the transmitted presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the transmitted first control information and a time of receipt of the received transmitted presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the transmitted presence information indicating the mobile unit and the user have left the restricted vendor transmit range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information broadcast range;
broadcasting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the broadcast first control information when the mobile unit is within the restricted information broadcast range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
providing a collision avoidance period between the steps of broadcasting the first control information from the at least one of the plurality of fixed information nodes and retrieving the desired advertising information by the application executed by the mobile unit, in order to avoid collision of data transmitted from either the at least one of the plurality of fixed information nodes or the base station to the mobile unit;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received broadcast information triggered by the receipt at the application executed by the mobile unit of the broadcast first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the broadcast first control information;
broadcasting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor broadcast range;
receiving the broadcast presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the broadcast first control information and a time of receipt of the received broadcast presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the broadcast presence information indicating the mobile unit and the user have left the restricted vendor broadcast range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
2. The method of claim 1, wherein the transmitted information is continuously transmitted from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received transmitted information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the transmitted presence information is associated with the received transmitted information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received transmitted presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received transmitted presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information transmit range of each of the fixed information nodes is a fixed transmit range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received transmitted first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information transmit range for the at least one of the fixed information nodes and the restricted vendor transmit range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor transmit range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor transmit range.
2. The method of claim 1, wherein the broadcast information is continuously broadcast from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received broadcast information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the broadcast of presence information is associated with the received broadcast information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received broadcast presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received broadcast presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information broadcast range of each of the fixed information nodes is a fixed broadcast range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received broadcast first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information broadcast range for the at least one of the fixed information nodes and the restricted vendor broadcast range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor broadcast range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor broadcast range.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 9,972,026. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of the present application are to be found in US Patent No. 9,972,026. The difference between the present application and US Patent No. 9,972,026 is the fact that the patent includes many more elements and is thus much more specific. Thus the invention of the patent is in effect a "species" of the "generic" invention of the present application. It has been held that the generic invention is "anticipated' by the "species". See In re Goodman, 29 USPQ2d 210 (Fed. Cir. 1993). Since the present application's claims are anticipated by the claims of US Patent No. 9,972,026 it is not patentably distinct from the claims of the US Patent No. 9,972,026:
Instant Application: 18/782,915
US Patent No. 9,972,026
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information transmit range;
transmitting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the transmitted first control information when the mobile unit is within the restricted information transmitted range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received transmitted information triggered by the receipt at the application executed by the mobile unit of the transmitted first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the transmitted broadcast first control information;
transmitting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor transmitted range;
receiving the transmitted presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the transmitted first control information and a time of receipt of the received transmitted presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the transmitted presence information indicating the mobile unit and the user have left the restricted vendor transmit range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
2. The method of claim 1, wherein the transmitted information is continuously transmitted from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received transmitted information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the transmitted presence information is associated with the received transmitted information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received transmitted presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received transmitted presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information transmit range of each of the fixed information nodes is a fixed transmit range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received transmitted first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information transmit range for the at least one of the fixed information nodes and the restricted vendor transmit range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor transmit range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor transmit range.
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending from a base station a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information broadcast range, the restricted information broadcast range of each of the fixed information nodes being a fixed broadcast range outside of which the mobile unit cannot communicate therewith and receive information therefrom;
broadcasting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving at the application executed by the mobile unit the broadcast first control information when the mobile unit is within the restricted information broadcast range associated with the at least one of the fixed information nodes;
determining by the application executed by the mobile unit that the received broadcast first control information is associated with the desired advertising information, and then: retrieving by the application executed by the mobile unit the desired advertising information in reliance on the first control information;
providing a collision avoidance period between the steps of broadcasting the first control information from the at least one of the plurality of fixed information nodes and retrieving the desired advertising information by the application executed by the mobile unit, in order to avoid collision of data transmitted from either the at least one of the plurality of fixed information nodes or the base station to the mobile unit;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received broadcast information triggered by the receipt at the application executed by the mobile unit of the broadcast first control information;
starting an advertisement counter by the application executed by the mobile unit at the time of receipt of the broadcast first control information;
broadcasting upon receipt of the sync pulse presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted information broadcast range comprising a restricted broadcast vendor range, which at least another fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information broadcast range for the at least one of the fixed information nodes and the at least another of the fixed information nodes can be different;
receiving the broadcast presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the broadcast first control information and time of receipt of the received broadcast presence information indicating that the mobile unit and the user have entered the restricted vendor broadcast range, and storing the results of the advertisement counter, wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor broadcast range;
detecting by the application executed by the mobile unit loss of receipt of the broadcast presence information indicating the mobile unit and the user have left the restricted vendor broadcast range;
uploading by the application executed by the mobile unit the advertisement counter to a base station;
and stopping the presence counter by the application executed by the mobile unit and storing the results of the presence counter, wherein the starting and stopping of the advertisement counter and the starting and the stopping of the presence counter occur within the application executed by the mobile unit and under the control of the system.
2. The method of claim 1, wherein the broadcast information is continuously broadcast from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received broadcast information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the broadcast of presence information is associated with the received broadcast information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile device as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile device as an audible advertisement.
12. The method of claim 1, wherein the information related to the received broadcast presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received broadcast presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of copending Application No. 19/357,820 (reference application). Although the conflicting claims are not identical, they are not patentably distinct from each other because the claimed invention in the instant application is fully disclosed and is broader than the claimed invention in the reference application.
Instant Application: 18/782,915
Reference Application No. 19/357,820
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information transmit range;
transmitting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the transmitted first control information when the mobile unit is within the restricted information transmitted range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received transmitted information triggered by the receipt at the application executed by the mobile unit of the transmitted first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the transmitted broadcast first control information;
transmitting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor transmitted range;
receiving the transmitted presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the transmitted first control information and a time of receipt of the received transmitted presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the transmitted presence information indicating the mobile unit and the user have left the restricted vendor transmit range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
1. A method for tracking advertisement effectiveness on an advertisement associated with an advertiser including an application on a mobile unit, comprising the steps of:
sending, from a base station, a sync pulse to a plurality of fixed information nodes and to the mobile unit within a restricted information broadcast range;
broadcasting, upon receipt of the sync pulse, first control information associated with desired advertising information from at least one of the plurality of fixed information nodes;
receiving, at the application executed by the mobile unit, the broadcast first control information when the mobile unit is within the restricted information broadcast range associated with the at least one of the fixed information nodes;
retrieving, by the application executed by the mobile unit, the desired advertising information in reliance on the first control information;
providing a collision avoidance period between the steps of broadcasting the first control information from the at least one of the plurality of fixed information nodes and retrieving the desired advertising information by the application executed by the mobile unit, in order to avoid collision of data transmitted from either the at least one of the plurality of fixed information nodes or the base station to the mobile unit;
controlling the mobile unit by the application executed by the mobile unit to provide an output, for viewing by a user of the mobile unit, of the desired advertising information associated with the received broadcast information triggered by the receipt at the application executed by the mobile unit of the broadcast first control information;
starting an advertisement counter by the application executed by the mobile unit at a time of receipt of the broadcast first control information;
broadcasting, upon receipt of the sync pulse, presence information associated with a vendor from at least another of a plurality of fixed information nodes associated with the fixed information nodes over an associated restricted vendor broadcast range;
receiving the broadcast presence information at the application executed by the mobile unit;
starting a presence counter by the application executed by the mobile unit in response to initial receipt of the presence information and stopping the advertisement counter by the application executed by the mobile unit to provide an indication between the time of receipt by the application executed by the mobile unit of the broadcast first control information and a time of receipt of the received broadcast presence information;
detecting, by the application executed by the mobile unit, loss of receipt of the broadcast presence information indicating the mobile unit and the user have left the restricted vendor broadcast range;
stopping the presence counter by the application executed by the mobile unit;
and uploading, by the application executed by the mobile unit, the advertisement counter to a base station.
2. The method of claim 1, wherein the transmitted information is continuously transmitted from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received transmitted information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the transmitted presence information is associated with the received transmitted information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received transmitted presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received transmitted presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information transmit range of each of the fixed information nodes is a fixed transmit range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received transmitted first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information transmit range for the at least one of the fixed information nodes and the restricted vendor transmit range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor transmit range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor transmit range.
2. The method of claim 1, wherein the broadcast information is continuously broadcast from a plurality of the fixed nodes.
3. The method of claim 1, wherein the mobile unit is a handheld device.
4. The method of claim 3, wherein the handheld device is a mobile phone.
5. The method of claim 1, further comprising the step of storing the desired advertising information in memory in the mobile unit.
6. The method of claim 5, wherein the information related to the received broadcast information associated with desired advertising information is stored in association with the associated desired advertising information in the mobile unit.
7. The method of claim 1, wherein the advertisement counter is in the mobile unit.
8. The method of claim 1, further comprising the step of determining that the broadcast of presence information is associated with the received broadcast information associated with desired advertising information.
9. The method of claim 1, wherein the presence counter is in the mobile unit.
10. The method of claim 1, wherein the advertising information is output from the mobile unit as a visible advertisement.
11. The method of claim 1, wherein the advertising information is output from the mobile unit as an audible advertisement.
12. The method of claim 1, wherein the information related to the received broadcast presence is stored in memory on the mobile unit.
13. The method of claim 1, further comprising the step of uploading information related to the received broadcast presence to a base station.
14. The method of claim 1, wherein the advertisement counter is stored in memory on the mobile unit.
15. The method of claim 1, further comprising the step of uploading the presence counter to a base station.
16. The method of claim 15, wherein the presence counter is stored in the mobile unit.
17. The method of Claim 1, wherein the restricted information broadcast range of each of the fixed information nodes is a fixed broadcast range outside of which the mobile unit cannot communicate therewith and receive information therefrom.
18. The method of Claim 1, wherein retrieving the desired advertising information includes determining, by the application executed by the mobile unit, that the received broadcast first control information is associated with the desired advertising information.
19. The method of Claim 1, wherein the at least another one of the plurality of fixed information nodes is disposed in a predetermined fixed physical proximity with a vendor location, and wherein the restricted information broadcast range for the at least one of the fixed information nodes and the restricted vendor broadcast range associated with the at least another of the fixed information nodes can be different.
20. The method of Claim 19, wherein the presence counter indicates that the mobile unit and the user have entered the restricted vendor broadcast range, and wherein the presence counter continues to count as long as the application executed by the mobile unit is continually receiving presence information while in the restricted vendor broadcast range.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/M.G./Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622
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