DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wood et al. (US 20200286143) in view of Kuhlmann et al. (US 20220122089).
Claim 1. Wood et al. (Wood) teaches one or more non-transitory computer-storage media comprising instructions recorded thereon that, when executed by at least one processor of a system, cause the system to perform a set of steps [0048], the steps comprising:
associating a first unique identifier with a first gift bag (“container”) [0036];
receiving a customization request from a first remote device that indicates a desire to customize a first digital presentation that will be associated with the first unique identifier [0011], [0025];
causing a user interface to be presented on the remote device, wherein the user interface is configured to facilitate presenting one or more controls that are useable to facilitate a creation of the digital presentation that includes a thematic character associated with a set of pre-defined character attributes [0059], [0024];
receiving user input from the remote device, wherein the user input indicates desired content to be included in the digital presentation [0021];
based on the first unique identifier, receiving a presentation request from a second remote device, wherein the presentation request is useable to determine a rendering of the digital presentation to present [0020], [0024];
causing the rendering of the digital presentation to be presented on the second remote device, wherein the rendering is presented based on the pre-defined character attributes [0059], [0039].
Wood does not teach a first state and a second state of the gift bag.
Kuhlmann et al. (Kuhlmann) teaches secure gifting system wherein the server may modify a status of the gift entitlement. For example, the server may change the status of the gift entitlement from unredeemed to redeemed [0022].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood to include a first state and a second state of the gift bag, as suggested in Kuhlmann, because it would advantageously allow for deactivating the gift card if they are determined to be linked to fraudulent product returns or other fraudulent tender.
Claim 2. Wood teaches said storage media, wherein the first unique identifier is one or more of the following: a QR code; a bar code; a string of alphanumeric digits; a unique hyperlink [0025].
Claim 3. Kuhlmann teaches said storage media wherein the first state indicates that the first gift bag is not associated with the first digital presentation [0022]. The motivation to combine Wood and Kuhlmann would be to allow for deactivating the gift card if they are determined to be linked to fraudulent product returns or other fraudulent tender.
Claim 4. Wood teaches said storage media, wherein the customization request is initiated in response to a digital interaction with the first unique identifier, wherein the digital interaction includes one or more the following: receiving an indication that the QR code or bar code has been scanned; receiving an indication that the hyperlink has been activated; or receiving an indication that the string of alphanumeric digits has been provided [0028].
Claim 5. Wood teaches said storage media, wherein the remote device includes: a mobile phone; a personal computer; a workstation; a tablet; or a server [0014].
Claim 6. Kuhlmann teaches said storage media, wherein the second state indicates that the first digital presentation has begun being created. [0022]. The motivation to combine Wood and Kuhlmann would be to allow for deactivating the gift card if they are determined to be linked to fraudulent product returns or other fraudulent tender.
Claim 7. Wood teaches said storage media, wherein the creation of the digital presentation results in one or more of the following: the digital presentation is completed and stored for later retrieval; or data to present at least portions of the presentation in real time or on demand are stored [0059].
Claim 8. Wood teaches said storage media, wherein the predefined character attributes include one or more of: a vocal tone pattern; a vocal inflection pattern; wording associated with the thematic character; a set of visual attributes that define a look and feel of the thematic character; and a set of movement patterns [0024].
Claim 9. Wood teaches said storage media, wherein the desired content includes a text message, a video segment, an audio message, a music piece, a song, a movie, or combinations of the same [0024].
Claim 10. Wood teaches said storage media, wherein the presentation request being based on the first identifier includes the presentation request indication the first identifier [0025].
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Kuhlmann and further in view of Glass et al. (US 20150317711).
Claim 11. Wood teaches a system for associating a gift message with a purchased item, the system comprising:
a registration database that associates the unique identifier with the gift container [0025], [0059];
a presentation server coupled to the registration database and the one or more processors, wherein the presentation server is adapted to (1) receive user input from a remote device and (2) upon request, present a custom presentation on the remote device that includes the user input presented in a context that includes predefined attributes associated with the thematic character [0039], [0059].
Wood does not teach a first state and a second state of the gift bag.
Kuhlmann teaches secure gifting system wherein the server may modify a status of the gift entitlement. For example, the server may change the status of the gift entitlement from unredeemed to redeemed [0022].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood to include a first state and a second state of the gift bag, as suggested in Kuhlmann, because it would advantageously allow for deactivating the gift card if they are determined to be linked to fraudulent product returns or other fraudulent tender.
Wood does not teach a container having an outer shell adapted to receive a gift item in a void defined by the shell; a thematic character depicted on at least a portion of the outer shell.
Glass et al. (Glass) teaches a system for a merchant onsite personalization gifting platform, wherein a gift structure (“box”) may be used for gifting purposes [0036]. The system allows for the inclusion of various forms of user-supplied content with the gift structure that include one or more photographs and/or text messages supplied by the user that are included on the personalized gift structure. The system also allows for the inclusion of multi-media content, such as audio, photographic, and/or video content to be included with the gift structure via a memory device [0041].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood to include a container having an outer shell adapted to receive a gift item in a void defined by the shell; a thematic character depicted on at least a portion of the outer shell, as suggested in Glass, because it would advantageously allow the merchant to convey an appropriate sentiment, since the subject matter and content of messages included in these gift structures must also dynamically change as their customer base and product/service offerings change, as taught by Glass [0006].
Claim 12. Wood teaches said system, wherein the container includes one or more of a gift bag or a gift box [0036].
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Kuhlmann.
Claim 13. Wood teaches a system for associating a gift message with a purchased item, the system comprising:
receiving an association indication that the first unique identifier has become associated with a digital presentation [0025], [0059];
incident to receiving a playback request associated with the first unique identifier, facilitating a presentation of the digital presentation on a remote device [0039].
Wood does not teach that the first unique identifier is associated with a first state and updating the first state of the first unique identifier to a second state.
Kuhlmann teaches secure gifting system wherein the server may modify a status of the gift entitlement. For example, the server may change the status of the gift entitlement from unredeemed to redeemed [0022].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood to include a first state and a second state of the gift bag, as suggested in Kuhlmann, because it would advantageously allow for deactivating the gift card if they are determined to be linked to fraudulent product returns or other fraudulent tender.
Claim 14. Kuhlmann teaches said system further comprising varying said digital presentation over time such that different digital presentations are provided incident to receiving subsequent requests to receive a version of a subsequent digital presentation [0073], Fig. 7 (item 716). The motivation to combine Wood and Kuhlman would be to provide a gift corresponding to the gift entitlement, as taught by Kuhlman [0027].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20180247359 to Kressler discloses a gifting system for purchasing and delivering a specific gift, in which, at the time of the purchase, the buyer, instead of being provided with the gift, is provided with a gift proxy or special package which includes a gift token which includes an authentication device. The gift proxy can also include a picture of the specific gift. The buyer delivers the gift proxy to the recipient. At a future time and place the recipient provides the gift proxy to the seller, the seller authenticates the gift proxy, and the recipient receives the gift from the seller.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILA AIRAPETIAN whose telephone number is (571)272-3202. The examiner can normally be reached Monday-Friday 8:30 am-6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey A. Smith can be reached at (571) 272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MILA AIRAPETIAN/Primary Examiner, Art Unit 3688