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 a