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 24 July 2024; Claim(s) 1-20 is/are pending in the application and have been presented for examination.
Prior Art
As detailed in the Office Action below, the Examiner has not applied a prior art rejection however, the claims have been rejected under other grounds as detailed below.
Continuation
This application is a continuation application of U.S. Application No. 17/834,624 filed June 7, 2022, now abandoned ("Parent Application"). In accordance with MPEP §609.02(II)(A)(2) and MPEP §2001.06(b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also, in accordance with MPEP §2001.06(b) (last paragraph), all documents cited or considered 'of record' in the Parent Application are now considered cited or 'of record' in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 24 July 2024 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 10,885,546. This is a statutory double patenting rejection:
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 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.
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 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.
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.
In summary, Claims 1-20 of U.S. Patent No. 10,885,546 teaches all the features of Claims 1-20 of the instant application as indicated above.
A statutory type (35 USC 101) double patenting rejection can be overcome by cancelling or amending the claims that are directed to the same invention so that they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 USC 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of Claims 1-20 of prior U.S. Patent No. 12,039,566. This is a statutory double patenting rejection:
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 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.
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 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.
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.
In summary, Claims 1-20 of U.S. Patent No. 12,039,566 teaches all the features of Claims 1-20 of the instant application as indicated above.
A statutory type (35 USC 101) double patenting rejection can be overcome by cancelling or amending the claims that are directed to the same invention so that they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 USC 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12,443,972. This is a statutory double patenting rejection:
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 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.
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 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.
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.
In summary, Claims 1-20 of U.S. Patent No. 12,443,972 teaches all the features of Claims 1-20 of the instant application as indicated above.
A statutory type (35 USC 101) double patenting rejection can be overcome by cancelling or amending the claims that are directed to the same invention so that they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 USC 101.
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 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 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.
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.
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Claims 1-20 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of copending Application No. 19/357,820 (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 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.
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 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.
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 statutory double patenting rejection since the claims directed to the same invention 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Philyaw et al (United States Patent No. 6,961,555), teaches a location
based advertising system through the use of multiple fixed nodes and determining the advertising effectiveness (see abstract, Figures 25 and 29, and column 25 lines 54-66).
Thorn et al (United States Patent Application Publication No. 2010/0280874), teaches a method for evaluating a correlation between advertisement information and the behavior of a user having received the advertisement information to verify the effectiveness of providing advertisement information to the user, wherein the behavior of the user can be if the user visited the location of the advertisement (see abstract and paragraph 0011).
Reeding et al (United States Patent Application Publication No. 2011/0029370) teaches using a transmitter that is located in a store or department of a
store to infer presence of the mobile phone at a location in order to provide information like rewards where the user's duration spent at a location can be counted and providing information like ads or rewards based on a user's current location and time spent (see abstract and Figures 1-3).
Daigle et al (United States Patent Application Publication No.
2011/0178863) teaches a system for providing a plurality of data packet generators like beacons in a retail store and using those to transmit codes to mobile devices in store to provide promotional content based on location (see abstract and Figures 7B and 14-15).
Wagda et al (United States Patent Application Publication No. 2011/0223895) teaches a method for monitoring loitering times of a mobile communication device carried by an individual within a predetermined region, and provide
rewards to the individual when the actual loitering times meet predetermined criteria as well as an application installed on a user device to perform the incentive program (see abstract and paragraph 0032 and Figure 4).
Vengroff et al. (United States Patent No. 10,380,658) teaches an
advertising system that provides advertisements that have associated physical visit locations. The advertisements are provided when the user is in vicinity of or examining locations in the vicinity of the visit location. If the user visits the location after being displayed the advertisement the system then bills the advertiser for the ad (see abstract and Figure 1).
Vengroff et al. (United States Patent No. 2020/0034895) teaches
an advertising system that provides advertisements that have associated physical visit locations. The advertisements are provided when the user is in vicinity of or examining locations in the vicinity of the visit location. If the user visits the location after being displayed the advertisement the system then bills the advertiser for the ad (see abstract and Figure 1).
Lin et al. (United States Patent Application Publication No. 2011 /0270673) teaches determining an ad conversion based on a user visiting a location associated an ad presented to the user previously (see abstract).
Link. II et al. (United States Patent Application Publication No. 2012/0289263) teaches a method for providing targeted advertisements when a consumer
enters a cell site that is near the location of an advertiser (see abstract).
Jacob et al. (United States Patent Application Publication No. 2002/0161633) providing ads when a user is a way from their home via broadcasting and
base stations (see abstract and paragraphs 0002 and 0022).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELINDA GIERINGER whose telephone number is (408)918-7593. The examiner can normally be reached Monday - Friday (11AM-6PM ET).
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/M.G./Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622
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