DETAILED ACTION
The present application (Application No. 18/800,906), filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in reply to filing dated 12 Augst, 2024.
Status of Claims
Claims 1-20, are pending and addressed below.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-9, 20, are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Independent claim 1, as recited, is directed toward “a system” (“a loyalty program system”) comprising: “a mobile app”; “a program hub”; “a vendor interface”, and “a manufacturer interface”. However, neither the “system” recited in the preamble, nor the specific components and steps recite anything physical to constitute a “system” (i.e. an apparatus), but broadest reasonable interpretation of these terms as they appear to be disclosed in the specification can be interpreted as computer code (software per se), and are therefore unpatentable. Dependent claims 2-9 do not cure the deficiencies of the independent claim. Applicant may cure this deficiency by showing where the specification discloses that these are structural components; or otherwise, by reciting a processor and memory, provided the instant specification supports and explicitly discloses these processor and memory, with the memory comprising the components. All software should be stored on a structural device, and the structural device should be claimed as part of the system, since computer code in and of itself is not structural. The claims as written are directed to non-statutory subject matter. Appropriate correction is required.
Independent claim 20, as recited, is directed toward “a vendor agnostic loyalty program”, comprising: “a customer module”; “a vendor module”, “a manufacturer module”, “a program hub”, “a mobile app”, “a vendor interface”, and “a manufacturer interface”. However, neither the “program” recited in the preamble, nor the specific components and steps recite anything physical to constitute a “system” (i.e. an apparatus), but broadest reasonable interpretation of these terms as they appear to be disclosed in the specification can be interpreted as computer code (software per se), and are therefore unpatentable. Applicant may cure this deficiency by showing where the specification discloses that these are structural components; or otherwise, by reciting a processor and memory, provided the instant specification supports and explicitly discloses these processor and memory, with the memory comprising the components. All software should be stored on a structural device, and the structural device should be claimed as part of the system, since computer code in and of itself is not structural. The claims as written are directed to non-statutory subject matter. Appropriate correction is required.
Claims 1-20, are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: In the instant case, claims 10-19, are directed to a method, therefore these claims are directed to a statutory category of invention.
Claims 1-9, are presumably directed to a system, and claim 20 is presumably directed to a product. However, these claims are software per se and are therefore non statutory.
Step 2A- Prong 1: Independent claim 10 comprises steps of: registering a plurality of vendors with the loyalty program; providing a mobile app for use by a customer at each of the plurality of vendors; registering a customer with the loyalty program; registering a manufacturer with the loyalty program; receiving from the manufacturer a program incentive for redemption by the customer at at least one of the plurality of vendors; tracking purchases made by the customer at each of the vendors; establishing when the customer’s purchases have qualified the customer for the program incentive; and communicating the program incentive to one of the plurality of vendors for use on a current purchase by the customer.
The independent claims are directed to a method of administering a vendor agnostic loyalty program. Accordingly, the claimed steps represent a method of organizing commercial interactions comprising advertising, marketing and sales activities, which falls within the “Certain Methods of Organizing Human Activity” abstract idea grouping, wherein all the claim steps can be seen as being part of the abstract idea of providing loyalty incentives to a customer via a vendor agnostic loyalty program.
In addition, it is noted, that the above claimed steps are steps of collecting/gathering data (transmitting, receiving, storing), tracking data, analyzing data, making loyalty criteria determinations, and displaying/presenting data. These steps are abstract.
Claims 1 and 20 recite substantially similar subject matter and the same subsequent analysis should be applied thereto.
Because the claims include one or more abstract ideas, the analysis now proceeds to assess whether the additional elements of the claims, when taken both individually and/or as an ordered combination, integrate the abstract idea into a “practical application”.
Step 2A- Prong 2: As explained, the claimed “loyalty program system” and “vendor agnostic loyalty program” are merely software per se, and are therefore unpatentable.
Since the claims do not recite any structural computer device representative of the claimed “loyalty program system and/or “vendor agnostic loyalty program”, it must then be concluded that there are no claimed additional elements, and therefore the abstract idea is not integrated into a practical application.
Step 2B: Since there are no additional elements and all the claim steps can be seen as being part of the abstract idea, there is no inventive concept present in the claims.
The dependent claims have been considered.
Dependent claims 2, 11, 12, add limits to the type of data that is collected and tracked, not technology.
Dependent claims 3, 13 add limits to the loyalty criteria.
Dependent claims 4-5, 14-15, recite data transmission using a general purpose computer
Dependent claims 6, 17, add limits to data tracking using a general purpose computer
Dependent claim 7, add limits to using a customized mobile app, wherein the customization features are recited at a high level of generality without technical details representative of a technical improvement.
Dependent claim 8, recites data storage using a general purpose computer.
Dependent claims 9, 19 add limits to the types of loyalty incentive.
Dependent claim 18 add limits to the making determinations associated with incentive criteria.
All the dependent claims only narrow the abstract idea of providing loyalty incentives to a customer via a vendor agnostic loyalty program.
When considered as a whole, the same analysis with respect to Step 2A Prong 2 and step 2B, apply to these additional elements. They cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-6, 8-12, 16-17, 19-20, are rejected under 35 U.S.C. 103 as being unpatentable over Sorem et al. (US 2015/0278845) (hereinafter “Sorem8845”), in view of Anderson et al. (US 2014/0200997) (hereinafter “Anderson0997”).
Regarding claim 1, Sorem8845 discloses:
(preamble)-(a loyalty program system). A system and method for remote data access of customer loyalty information, said data being used to locally display a loyalty offer. The method comprising the steps of: detecting the presence of a customer at a merchant's location (store or web site) via an identifier, wherein the identifier is associated with and enables the customer to accumulate merchant value from a plurality of merchants (vendors) based on the customer's behavior; generating customer, reward program, and/or general information at a remote location based on the identifier; and identifying at least one relevant merchant loyalty offer based on the customer, reward program, and/or general information, wherein the at least one relevant merchant loyalty offer is consortium-based; offering the customer or a designee of the customer at the merchant's location at least one of the at least one relevant merchant loyalty offer. (see at least Sorem8845, abstract).
(a program hub that tracks executed purchases made by the customer at each of the vendors).
System 100 (a program hub) may comprise a central rewards station 105 for coordinating customer interaction and transactions with any of merchants 110. In some embodiments, central rewards station 105 may be administered by a bank, financial institution, or any third party that coordinates customer interaction with merchants 110 and any corresponding rewards programs thereof. In some embodiments, central rewards station 105 may maintain particulars about the customers of merchants 1-n 110, including the transactions entered into by the customers as well as maintain data and information about the merchants themselves, and any other data or information that may be used to induce customer loyalty. (see at least Sorem8845, fig. 1, ¶47).
Loyalty system 100 comprising participants or users, namely: a customer 130, a merchant 135 and an administrator of central rewards station 105. In some embodiments, the administrator of central rewards station 105 may comprise merchant 135, another merchant, or any third party individual or entity that is responsible for administering the various features and functionality of system 100 and more particularly central rewards station 105 that are described herein. As shown, system 100 provides the following benefits for the customer, merchant and administrator. (see at least Sorem8845, fig. 1, ¶50).
Transaction module 320 may, in some embodiments, track, monitor and process transactions between a customer and a merchant. (see at least Sorem8845, fig. 3, ¶72).
System comprising computing devices, processors, servers, memory, computer readable media, interfaces, modules and software instructions stored in memory that enable the system to execute the steps of the method over network communications and to enable interaction between participants and the system (see at least Sorem8845, fig. 1, 1a, ¶47-49) (processor) (memory) (computer readable media).
(a vendor interface, wherein the vendor interface communicates transaction data and customer purchase data to the program hub). In some embodiments, central reward station 105 and merchant 110 (vendors) are connected via a communication network 205. Communications network 205 may comprise any type of communication network such as one able to transmit and receive data or information relating to loyalty offers, transactions, identity of customers and/or merchants, particulars about past transactions, for example. (see at least Sorem8845, fig. 2, ¶54).
(wherein the customer provides customer identifying information to one of the plurality of vendors when making a current purchase, the vendor interface communicates the current customer purchase data and the customer identifying information to the program hub, the program hub communicates an available program incentive for the current purchase to the vendor interface, and the vendor interface applies the available program inventive to the current purchase). Tracking customer identifier (see at least Sorem8845, claim 2, ¶51, 66, 92).
In some embodiment, POS device 215 may track and monitory customer behavior or activity by receiving an identifier that is related to or associated with customer activity or behavior. Once obtained, the identifier may then be transmitted over communications network 205 to central reward station where it may be resolved against a database(s) to determine relevant loyalty offers or promotions that may be offered to the customer. In some embodiments, the identified loyalty offers are transmitted to the merchant's location, for example, for presentation to the customer, either through POS device 215 or otherwise. In some embodiments, the loyalty offers identified and presented may be part of a loyalty program associated with or administered by the merchant, while in some embodiments the loyalty offer may be from a program administered by a separate entity, such as a bank or other merchant, for example. (see at least Sorem8845, fig. 1, ¶66).
Sorem8845 further discloses: A customer may be associated with RFID devices, such an RFID device may be part of the user's credit or debit card, or a sticker or other element attached thereto, wherein POS station 205 may comprise a device or terminal that registers RFID devices that may be associated with a customer (see at least Sorem8845, fig. 2, ¶62). Web-based customer interface for communicating with a plurality of vendors/merchants (see at least Sorem8845, fig. 5, ¶92). The presence of a customer at a merchant's web site is detected (see at least Sorem8845, fig. 6, ¶94). The customer identifier comprises a card, any biometric data, an RFID device (see at least Sorem8845, claim 2, ¶72).
Sorem8845 does not specifically disclose: (a mobile app usable by a customer at a plurality of vendors).
(and loads program incentives earned by the customer based on the executed purchases for redemption for future purchases at one of the plurality vendors to the mobile app).
However, Anderson0997 discloses:
An enterprise infrastructure 102 may be operated by an enterprise offering targeted marketing to goods and services providers 108, 110, and consumer resource management services to consumers at network terminal 116, 118. The providers 108, 110see at least Anderson0997, fig. 1, ¶43).
A loyalty program system (a loyalty program system). (see at least Anderson0997, fig. 1, ¶50, see also fig. 17, ¶133-134).
The offer may be communicated in a plurality of ways at block 2314, including via mobile apps (a mobile app), mobile alerts, etc (see at least Anderson0997, ¶154-155, see also ¶40-41). Consumers may interact with the enterprise infrastructure 102 using a client application that connects to consumers' accounts with tools for assisting the consumer in managing consumer resources (see at least Anderson0997, ¶50). Consumer web interface (see at least Anderson0997, ¶52). Consumer interface (see at least Anderson0997, fig. 18, ¶136).
The product distribution channels may include a web-site that allows credit card transactions, secured bank account access, and account information to individual consumers that have accounts with the providers 108, 110. The providers 108, 110 may also include banks through which consumers may access funds. (see at least Anderson0997, fig. 1, ¶45-47).
Sorem8845 discloses: (program incentives earned by the customer based on the executed purchases for redemption for future purchases at one of the plurality vendors). Redeem at another merchant (for redemption for future purchases at one of the plurality vendors) (see at least Sorem8845, ¶14, 86-88).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the customer interface of Sorem8845 with Anderson0997, since this implementation would be a simple substitution of one known customer interface element (i.e., the mobile app of Anderson0997) for another known element (i.e., customer interface of Sorem8845) to obtain the predictable result of enhancing the flexibility of a customer to use his/her communication device, and the substitution produces no new and unexpected result.
Sorem8845 does not specifically disclose: (a manufacturer interface, wherein the manufacturer interface communicates one or more program incentives available for the customer to the program hub).
However, Anderson0997 discloses: The providers 108, 110 in the system 100 in FIG. 1 may include retailers, service providers, and manufacturers (manufacturers) that may or may not have a commercial presence on the Internet 104. The retailers, service providers and manufacturers that have a commercial presence on the Internet 104 may provide product distribution channels to allow consumers to purchase goods on-line and consumer services that ease and enhance the consumer's on-line shopping experience. (see at least Anderson0997, fig. 1, ¶45-47, see also ¶144, 154).
(a vendor interface) (a manufacturer interface). The subscriber interfaces 2014 may be those interfaces from which the subscribers to the Offer Platform 2200 such as vendors, retailers, and financial institutions are able to communicate information to the OMS 2202 and/or other parts of the platform 2200. (see at least Anderson0997, fig. 22, ¶149). An appropriate application for the retail partner (see at least Anderson0997, fig. 3, ¶79).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sorem8845 with Anderson0997 to further include manufacturers as a type of vendors as taught by Anderson0997, and to additionally include among the vendor features of Sorem8845 such as (i.e., a vendor interface, a vendor module and a vendor profile), also a manufacturer interface, a manufacturer module and a manufacturer profile, since this implementation expands the range of vendors that can participate in the system, and enables manufacturers to use the enterprise infrastructure 102 as a product distribution channel, or as a source of information for targeted marketing (see Anderson0997, ¶46).
Regarding claims 2, 12, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claim 1; and claims 10-11; respectively) as per the above rejection statements.
Sorem8845 further discloses: (transaction data includes scan data and loyalty data). (see at least Sorem8845, fig. 3, ¶72-74).
Regarding claim 4, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claims 1-2) as per the above rejection statements.
Sorem8845 further discloses: The identified loyalty offers are transmitted to the merchant's location, for example, for presentation to the customer, either through POS device 215 or otherwise (see at least Sorem8845, fig. 2, ¶66).
Further, the Sorem8845/Anderson0997 formulated in the rejection of the parent independent claims teaches: The providers 108, 110 in the system 100 in FIG. 1 may include retailers, service providers, and manufacturers (see at least Anderson0997, fig. 1, ¶45-47,
Therefore, the Sorem8845/Anderson0997 formulated in the rejection of the parent independent claims teaches: (wherein the loyalty data is communicated by the program hub to the manufacturer).
Regarding claim 5, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claims 1-2) as per the above rejection statements.
Sorem8845 further discloses: (wherein the loyalty data is communicated by the program hub to the plurality of vendors). The identified loyalty offers are transmitted to the merchant's location, for example, for presentation to the customer, either through POS device 215 or otherwise (see at least Sorem8845, fig. 2, ¶66).
Regarding claims 6, 17, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claim 1; and claims 10 and 16; respectively) as per the above rejection statements.
Sorem8845 further discloses: (wherein the program hub tracks a value for redeemed program incentives at one of the plurality of vendors for the manufacturer and coordinates payment of the value from the manufacturer to the one of the plurality of vendors).
Past transactions with merchant points (see at least Sorem8845, fig. 4, “405”).
Identifying and presenting relevant loyalty offers based on customer behavior (e.g., past transactions), customer or merchant identity, location of the transaction, or any other data or information that may be used to particularize or focus relevant offers to enhance the likelihood of loyalty (see at least Sorem8845, ¶45).
In some embodiments, a loyalty offer may be based of the customer's identity or past transactions, for example, as determined by an identifier associated with the customer (see at least Sorem8845, ¶49).
For example, central rewards station 105 may maintain data and information about each of merchants 110 (1-n) and their customers, including, for example, data and information on customer demographics, past transactions, preferred or favored merchants and products, and any other data or information that may used to generate and present loyalty offers as described herein. In some embodiments, central rewards station 105 is maintained by any party or entity that administers the coordination of data and information in connection with the generation and presentation of loyalty offers (see at least Sorem8845, ¶57).
Regarding claim 8, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claim 1) as per the above rejection statements.
Sorem8845 further discloses: (wherein the program hub stores customer information and vendor information). Database 112 (see at least Sorem8845, fig. 1, ¶48).
Central rewards station 105 may maintain data and information about each of merchants 110 (1-n) and their customers, including, for example, data and information on customer demographics, past transactions, preferred or favored merchants and products, and any other data or information that may used to generate and present loyalty offers as described herein. In some embodiments, central rewards station 105 is maintained by any party or entity that administers the coordination of data and information in connection with the generation and presentation of loyalty offers (see at least Sorem8845, ¶57).
Regarding claims 9, 19, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claim 1; and claim 10; respectively) as per the above rejection statements.
Sorem8845 further discloses: (wherein the program incentive comprises a deal, discount, or coupon) (see at least Sorem8845, fig. 1, ¶10. 51-52, 93).
Regarding claim 10, Sorem8845 discloses:
a loyalty program system). A system and method for remote data access of customer loyalty information, said data being used to locally display a loyalty offer. The method comprising the steps of: detecting the presence of a customer at a merchant's location (store or web site) via an identifier, wherein the identifier is associated with and enables the customer to accumulate merchant value from a plurality of merchants (vendors) based on the customer's behavior; generating customer, reward program, and/or general information at a remote location based on the identifier; and identifying at least one relevant merchant loyalty offer based on the customer, reward program, and/or general information, wherein the at least one relevant merchant loyalty offer is consortium-based; offering the customer or a designee of the customer at the merchant's location at least one of the at least one relevant merchant loyalty offer. (see at least Sorem8845, abstract).
(a vendor agnostic loyalty program). (5) allow centralized coordination of multiple reward programs using universal, client-specific or consortium-based merchant points, for example, that may be accumulated and redeemed at any participating merchant (see at least Sorem8845, ¶45).
Central rewards station 105 may also convert between different merchant point awards to facilitate a customer's redemption of such points regardless of the merchant. (see at least Sorem8845, ¶57).
In some embodiments, merchant points may be particular to the merchant where the transaction occurred, while in some embodiments the points may be in a common currency (e.g., universal, client-specific or consortium-based merchant points) that may be redeemed at any merchant (a vendor agnostic loyalty program). Transaction module 320 may maintain accounts for each customer which contain a merchant point balance. (see at least Sorem8845, ¶73).
System 100 (a program hub) may comprise a central rewards station 105 for coordinating customer interaction and transactions with any of merchants 110. In some embodiments, central rewards station 105 may be administered by a bank, financial institution, or any third party that coordinates customer interaction with merchants 110 and any corresponding rewards programs thereof. In some embodiments, central rewards station 105 may maintain particulars about the customers of merchants 1-n 110, including the transactions entered into by the customers as well as maintain data and information about the merchants themselves, and any other data or information that may be used to induce customer loyalty. (see at least Sorem8845, fig. 1, ¶47).
Loyalty system 100 comprising participants or users, namely: a customer 130, a merchant 135 and an administrator of central rewards station 105. In some embodiments, the administrator of central rewards station 105 may comprise merchant 135, another merchant, or any third party individual or entity that is responsible for administering the various features and functionality of system 100 and more particularly central rewards station 105 that are described herein. As shown, system 100 provides the following benefits for the customer, merchant and administrator. (see at least Sorem8845, fig. 1, ¶50).
Transaction module 320 may, in some embodiments, track, monitor and process transactions between a customer and a merchant. (see at least Sorem8845, fig. 3, ¶72).
System comprising computing devices, processors, servers, memory, computer readable media, interfaces, modules and software instructions stored in memory that enable the system to execute the steps of the method over network communications and to enable interaction between participants and the system (see at least Sorem8845, fig. 1, 1a, ¶47-49) (processor) (memory) (computer readable media).
(registering a plurality of vendors with the loyalty program). In some embodiments, central reward station 105 and merchant 110 (vendors) are connected via a communication network 205 (i.e., a vendor interface). Communications network 205 may comprise any type of communication network such as one able to transmit and receive data or information relating to loyalty offers, transactions, identity of customers and/or merchants, particulars about past transactions, for example. (see at least Sorem8845, fig. 2, ¶54).
Further, the various vendor information that is collected by the system represents a vendor profile data (a vendor profile).
(tracking purchases made by the customer at each of the vendors). Transaction module 320 may, in some embodiments, track, monitor and process transactions between a customer and a merchant. (see at least Sorem8845, fig. 3, ¶72).
(establishing when the customer’s purchases have qualified the customer for the program incentive). Reward/incentive trigger criteria (see at least Sorem8845, fig. 14-15).
(communicating the program incentive to one of the plurality of vendors for use on a current purchase by the customer). Real-time redemption (see at least Sorem8845, ¶15, 49).
In some embodiments, customer information 400 may be generated by monitoring the customer's transactions with various merchants, and/or by querying the customer during, for example, the registration process for a particular rewards program, such as that administered by central rewards station 105. (see at least Sorem8845, ¶78).
Sorem8845 further discloses:
Web-based customer interface for communicating with a plurality of vendors/merchants (see at least Sorem8845, fig. 5, ¶92). The presence of a customer at a merchant's web site is detected (see at least Sorem8845, fig. 6, ¶94). The customer identifier comprises a card, any biometric data, an RFID device (see at least Sorem8845, claim 2, ¶72).
A customer may be associated with RFID devices, such an RFID device may be part of the user's credit or debit card, or a sticker or other element attached thereto, wherein POS station 205 may comprise a device or terminal that registers RFID devices that may be associated with a customer (see at least Sorem8845, fig. 2, ¶62).
However, even if it could be argued that Sorem8845 does not specifically disclose:
(providing a mobile app for use by a customer at each of the plurality of vendors).
(registering a customer with the loyalty program).
Anderson0997 discloses:
An enterprise infrastructure 102 may be operated by an enterprise offering targeted marketing to goods and services providers 108, 110, and consumer resource management services to consumers at network terminal 116, 118. The providers 108, 110see at least Anderson0997, fig. 1, ¶43).
A loyalty program system (a loyalty program system). (see at least Anderson0997, fig. 1, ¶50, see also fig. 17, ¶133-134).
The offer may be communicated in a plurality of ways at block 2314, including via mobile apps (a mobile app), mobile alerts, etc (see at least Anderson0997, ¶154-155, see also ¶40-41). Consumers may interact with the enterprise infrastructure 102 using a client application that connects to consumers' accounts with tools for assisting the consumer in managing consumer resources (see at least Anderson0997, ¶50). Consumer web interface (see at least Anderson0997, ¶52). Consumer interface (see at least Anderson0997, fig. 18, ¶136).
The product distribution channels may include a web-site that allows credit card transactions, secured bank account access, and account information to individual consumers that have accounts with the providers 108, 110. The providers 108, 110 may also include banks through which consumers may access funds. (see at least Anderson0997, fig. 1, ¶45-47).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the customer interface of Sorem8845 with Anderson0997, since this implementation would be a simple substitution of one known customer interface element (i.e., the mobile app of Anderson0997) for another known element (i.e., customer interface of Sorem8845), to obtain the predictable result of enhancing the flexibility of a customer to use his/her communication device, and the substitution produces no new and unexpected result.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sorem8845 further with Anderson0997 to include customer registration, since this implementation enables the system to collect information about its users, and at the same time also enables customers/users to benefit from participating in the loyalty system of Sorem8845.
Sorem8845 does not specifically disclose:
(registering a manufacturer with the loyalty program).
(receiving from the manufacturer a program incentive for redemption by the customer at at least one of the plurality of vendors).
However, Anderson0997 discloses:
0045] The providers 108, 110 in the system 100 in FIG. 1 may include retailers, service providers, (vendors) and manufacturers (manufacturers). that may or may not have a commercial presence on the Internet 104. The retailers, service providers and manufacturers that have a commercial presence on the Internet 104 may provide product distribution channels to allow consumers to purchase goods on-line and consumer services that ease and enhance the consumer's on-line shopping experience. (see at least Anderson0997, fig. 1, ¶45-47, see also ¶144, 154).
The providers 108, 110 may be in a business relationship (e.g. contractual) with the enterprise operating the enterprise infrastructure 102 that permits configuration of electronic commercial access to the partners via the enterprise infrastructure 102 (registering a plurality of vendors with the loyalty program); (registering a manufacturer with the loyalty program) The providers 108, 110 may be retailers that collect data from the POS terminals 112, 114 relating to purchases made by consumers at the retailer's stores. The providers 108, 110 may be manufacturers (manufacturers) that may use the enterprise infrastructure 102 as a product distribution channel, or as a source of information for targeted marketing. Providers 108, 110 having a business relationship and using services with the enterprise infrastructure 102 are also referred to as "partners" in this description. (see at least Anderson0997, fig. 1, ¶46). It is noted, this feature of “partnering” or participating as “partners” or being in a business relationship (e.g. contractual) with the enterprise, represents steps of vendor and/or manufacturer registration/enrollment in the loyalty enterprise system 100 of Anderson0997.
Providers 108, 110, as partners with the enterprise, may target advertisement, offers, coupons (a program incentive) and other information about their products and services to consumers who generate data used by the partners through their access via the consumer front-end (see at least Anderson0997, ¶53, 154). Offers and coupons from partners are tracked (see at least Anderson0997, ¶50). Therefore, since partners may target advertisement, offers, coupons and other information about their products and services to consumers and partners can be manufacturers, then Anderson0997 teaches: (receiving from the manufacturer a program incentive for redemption by the customer at at least one of the plurality of vendors).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sorem8845 with Anderson0997 to further include manufacturers as a type of vendors as taught by Anderson0997, and to additionally include among the vendor features of Sorem8845 such as (i.e., a vendor interface, a vendor module and a vendor profile), also a manufacturer interface, a manufacturer module and a manufacturer profile, since this implementation expands the range of vendors that can participate in the system, and enables manufacturers to use the enterprise infrastructure 102 as a product distribution channel, or as a source of information for targeted marketing (see Anderson0997, ¶46).
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sorem8845 further with Anderson0997 to include registering vendors and manufacturers, since this implementation enables these vendors and manufacturers to become “partners” and benefit from participating in the loyalty system of Sorem8845.
Regarding claim 11, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claim 10) as per the above rejection statement.
Sorem8845 further discloses: (receiving transaction data from the plurality of vendors). (see at least Sorem8845, fig. 3, ¶72-74).
Regarding claim 16, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claim 10;) as per the above rejection statement.
Sorem8845 further discloses: (applying the program incentive to the current purchase). Real-time redemption (see at least Sorem8845, ¶15, 49).
Regarding claim 20, Sorem8845 discloses:
(a loyalty program system). A system and method for remote data access of customer loyalty information, said data being used to locally display a loyalty offer. The method comprising the steps of: detecting the presence of a customer at a merchant's location (store or web site) via an identifier, wherein the identifier is associated with and enables the customer to accumulate merchant value from a plurality of merchants (vendors) based on the customer's behavior; generating customer, reward program, and/or general information at a remote location based on the identifier; and identifying at least one relevant merchant loyalty offer based on the customer, reward program, and/or general information, wherein the at least one relevant merchant loyalty offer is consortium-based; offering the customer or a designee of the customer at the merchant's location at least one of the at least one relevant merchant loyalty offer. (see at least Sorem8845, abstract).
(a vendor agnostic loyalty program). (5) allow centralized coordination of multiple reward programs using universal, client-specific or consortium-based merchant points, for example, that may be accumulated and redeemed at any participating merchant (see at least Sorem8845, ¶45).
Central rewards station 105 may also convert between different merchant point awards to facilitate a customer's redemption of such points regardless of the merchant. (see at least Sorem8845, ¶57).
In some embodiments, merchant points may be particular to the merchant where the transaction occurred, while in some embodiments the points may be in a common currency (e.g., universal, client-specific or consortium-based merchant points) that may be redeemed at any merchant (a vendor agnostic loyalty program). Transaction module 320 may maintain accounts for each customer which contain a merchant point balance. (see at least Sorem8845, ¶73).
Sorem8845 further discloses:
(a customer module).Web-based customer interface for communicating with a plurality of vendors/merchants (a customer module) (see at least Sorem8845, fig. 5, ¶92). The presence of a customer at a merchant's web site is detected (see at least Sorem8845, fig. 6, ¶94). The customer identifier comprises a card, any biometric data, an RFID device (see at least Sorem8845, claim 2, ¶72). A customer may be associated with RFID devices, such an RFID device may be part of the user's credit or debit card, or a sticker or other element attached thereto, wherein POS station 205 may comprise a device or terminal that registers RFID devices that may be associated with a customer (see at least Sorem8845, fig. 2, ¶62).
(a vendor module, wherein the vendor module includes a vendor profile for a plurality of vendors, the vendor profile including vendor information relating to each vendor). Modules (see at least Sorem8845, fig. 1,3, ¶58-59, 67-77). Modules that function to permit interaction between the users of system 100 (e.g., merchants, customers, the administrator of central rewards station 105, and other relevant parties) as it relates to exchanging and processing of data and information related to the identification and generation of loyalty offers, (see at least Sorem8845, fig. 1, ¶58). Graphical user interface (or GUI) (see at least Sorem8845, ¶58). Offer creation module for creating the least one relevant merchant loyalty offer (see at least Sorem8845, ¶20).
(a vendor interface, wherein the vendor interface communicates transaction data and customer purchase data to the program hub). In some embodiments, central reward station 105 and merchant 110 (vendors) are connected via a communication network 205 (a vendor interface). Communications network 205 may comprise any type of communication network such as one able to transmit and receive data or information relating to loyalty offers, transactions, identity of customers and/or merchants, particulars about past transactions, for example. (see at least Sorem8845, fig. 2, ¶54).
Further, the various vendor information that is collected by the system represents a vendor profile data (a vendor profile).
(wherein the customer can use the loyalty program at each of the plurality of vendors). (see at least Sorem8845, fig. 2, ¶3, 14-15, 45, 57).
(a program hub, wherein the program hub stores information from the customer module, vendor module, and the manufacturer module).
System 100 (a program hub) may comprise a central rewards station 105 for coordinating customer interaction and transactions with any of merchants 110. In some embodiments, central rewards station 105 may be administered by a bank, financial institution, or any third party that coordinates customer interaction with merchants 110 and any corresponding rewards programs thereof. In some embodiments, central rewards station 105 may maintain particulars about the customers of merchants 1-n 110, including the transactions entered into by the customers as well as maintain data and information about the merchants themselves, and any other data or information that may be used to induce customer loyalty. (see at least Sorem8845, fig. 1, ¶47).
Loyalty system 100 comprising participants or users, namely: a customer 130, a merchant 135 and an administrator of central rewards station 105. In some embodiments, the administrator of central rewards station 105 may comprise merchant 135, another merchant, or any third party individual or entity that is responsible for administering the various features and functionality of system 100 and more particularly central rewards station 105 that are described herein. As shown, system 100 provides the following benefits for the customer, merchant and administrator. (see at least Sorem8845, fig. 1, ¶50).
Transaction module 320 may, in some embodiments, track, monitor and process transactions between a customer and a merchant. (see at least Sorem8845, fig. 3, ¶72).
System comprising computing devices, processors, servers, memory, computer readable media, interfaces, modules and software instructions stored in memory that enable the system to execute the steps of the method over network communications and to enable interaction between participants and the system (see at least Sorem8845, fig. 1, 1a, ¶47-49) (processor) (memory) (computer readable media).
Sorem8845 discloses vendors but does not specifically disclose:
(manufacturers).
(a manufacturer module, wherein the manufacture module includes a manufacturer profile for a plurality of manufacturers, the manufacturer profile including manufacturer information relating to each manufacturer).
(a manufacturer interface, wherein the manufacturer interface communicates one or more program incentives available for the customer to the program hub).
However, Anderson0997 discloses: The providers 108, 110 in the system 100 in FIG. 1 may include retailers, service providers, and manufacturers (manufacturers) that may or may not have a commercial presence on the Internet 104. The retailers, service providers and manufacturers that have a commercial presence on the Internet 104 may provide product distribution channels to allow consumers to purchase goods on-line and consumer services that ease and enhance the consumer's on-line shopping experience. (see at least Anderson0997, fig. 1, ¶45-47, see also ¶144, 154).
The subscriber interfaces 2014 may be those interfaces from which the subscribers to the Offer Platform 2200 such as vendors, retailers, (a vendor interface) (a manufacturer interface). and financial institutions are able to communicate information to the OMS 2202 and/or other parts of the platform 2200. (see at least Anderson0997, fig. 22, ¶149). An appropriate application for the retail partner (see at least Anderson0997, fig. 3, ¶79).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sorem8845 with Anderson0997 to further include manufacturers as a type of vendors as taught by Anderson0997, and to additionally include among the vendor features of Sorem8845 such as (i.e., a vendor interface, a vendor module and a vendor profile), also a manufacturer interface, a manufacturer module and a manufacturer profile, since this implementation expands the range of vendors that can participate in the system, and enables manufacturers to use the enterprise infrastructure 102 as a product distribution channel, or as a source of information for targeted marketing (see Anderson0997, ¶46).
As explained above, Sorem8845 discloses: (a customer module) (see at least Sorem8845, fig. 5, ¶92). However, even if it could be argued that Sorem8845 does not specifically disclose: (the customer module includes a customer profile).
(a customer module, wherein the customer module includes a customer profile for a customer, the customer profile including customer information relating to the customer including identifying information relating to the customer).
(a mobile app usable by the customer at the plurality of vendors, wherein the mobile app tracks executed purchases made by the customer at each of the vendors and loads program incentives earned by the customer based on the executed purchases for redemption for future purchases at one of the plurality vendors).
Anderson0997 discloses:
An enterprise infrastructure 102 may be operated by an enterprise offering targeted marketing to goods and services providers 108, 110, and consumer resource management services to consumers at network terminal 116, 118. The providers 108, 110see at least Anderson0997, fig. 1, ¶43).
A loyalty program system (a loyalty program system). (see at least Anderson0997, fig. 1, ¶50, see also fig. 17, ¶133-134).
Profile (a customer profile for a customer) (see at least Anderson0997, fig. 10, 11B, ¶52, 103, 110).
The offer may be communicated in a plurality of ways at block 2314, including via mobile apps (a mobile app), mobile alerts, etc (see at least Anderson0997, ¶154-155, see also ¶40-41). Consumers may interact with the enterprise infrastructure 102 using a client application that connects to consumers' accounts with tools for assisting the consumer in managing consumer resources (see at least Anderson0997, ¶50). Consumer web interface (see at least Anderson0997, ¶52). Consumer interface (see at least Anderson0997, fig. 18, ¶136).
The product distribution channels may include a web-site that allows credit card transactions, secured bank account access, and account information to individual consumers that have accounts with the providers 108, 110. The providers 108, 110 may also include banks through which consumers may access funds. (see at least Anderson0997, fig. 1, ¶45-47).
Sorem8845 further discloses: (program incentives earned by the customer based on the executed purchases for redemption for future purchases at one of the plurality vendors). Redeem at another merchant (for redemption for future purchases at one of the plurality vendors) (see at least Sorem8845, ¶14, 86-88).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the customer interface of Sorem8845 with Anderson0997, since this implementation would be a simple substitution of one known customer interface element (i.e., the mobile app of Anderson0997) for another known element (i.e., customer interface of Sorem8845), to obtain the predictable result of enhancing the flexibility of a customer to use his/her communication device, and the substitution produces no new and unexpected result.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sorem8845 further with Anderson0997 to include customer registration, since this implementation enables the system to collect information about its users, and at the same time also enables customers/users to benefit from participating in the loyalty system of Sorem8845.
Claims 3, 13-15, are rejected under 35 U.S.C. 103 as being unpatentable over Sorem et al. (US 2015/0278845) (hereinafter “Sorem8845”), in view of Anderson et al. (US 2014/0200997) (hereinafter “Anderson0997”), and further in view of Eggleston et al. (US 2016/0217509) (hereinafter “Eggleston7509”).
Regarding claims 3, 13, Sorem8845 in view of Anderson0997 discloses: All the limitations of the corresponding parent claims (claim 1; claims 10-12; and claims 25 and 30; respectively) as per the above rejection statements.
Sorem8845 further discloses: (wherein the loyalty data includes what products were purchased by the customer using the loyalty program at which one of the plurality of vendors). Transaction receipt detailing product purchased and loyalty discount (see at least Sorem8845, fig. 13, ¶105). The loyalty offer is printed on the sales receipt) (see at least Sorem8845, fig. 1, ¶49, 97). Presenting the loyalty offer to the customer may comprise displaying it on a terminal at the merchant's location, printing on a sales receipt or coupon, or having an agent of the merchant present it to the customer verbally (