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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/16/2025 has been entered.
Claims Status
Claims 19-20 are newly added.
Claims 1-20 remain pending and stand rejected.
Response to Arguments
I. Applicant’s arguments made with respect to the rejection under 35 USC 101 have been fully considered but are not persuasive. Applicant relies on the newly amended features in arguing that claims 1 and 7 recite sufficient structure that the claims are not directed to an abstract idea. The Examiner respectfully disagrees for at least the following:
The following limitations are recited in such a manner that they represent part of the abstract idea:
generates a unique transaction code associated with the product and/or offer selection, wherein the unique transaction code is associated with transaction information of the selected one or more products and/or offers:
wherein settings indicate subsets of the transaction information to be shared with one or more parties interacting with the transaction information;
associates each subset of transaction information with the one or more parties that are permitted to interact with the transaction, wherein each party interacting with the transaction information has access to the subset of the transaction information of the product and/or offer selection; and
shares a privacy-limited subset of the user information, wherein the privacy-limited subset of the user information includes at least one of the user identifier and/or demographic information, and wherein identifying information of the user is not directly traceable by the seller.
This is because these amended limitations provide additional details of the abstract idea identifying and providing users with products/offers while maintaining privacy of user information. These limitations do not set forth additional elements, instead merely further defining the abstract idea thus resulting in a more complex abstract idea.
The newly amended limitations do not set forth further additional elements, nor do they provide any technical explanation as to how the operations are accomplished such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement to the computer itself, or another technology or technical field (see MPEP 2106.04(d)(1) and 2106.05(a)).
Accordingly, the rejection has been maintained below as updated to account for the amended features.
II. Applicant’s arguments made with respect to the rejection under 35 USC 103 have been fully considered but are not persuasive. Applicant argues that Wolinsky fails to provide a “nested, layered approach, wherein a user selects a purchasing option that is displayed in response to receiving characteristics of a desired product”. Applicant’s arguments, however, fail to address the combination and instead represent a piecemeal analysis against references individually. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As noted previously, Santosh enables selection of products/offers including receiving desired characteristics (see: 0056, 0115, 0144-0145). Santosh lacks an express teaching of displays, on the user device and in response to receiving the characteristics of the desired product, a plurality of purchasing options, the plurality of products of each purchasing option having characteristics of the desired product, and, receives, from the user device controller, a selection of a purchasing option of the plurality of purchasing options displayed on the user device. Such features were well0known in the art and would have been an obvious mechanism by which the selections of Santosh were made. Wolinksy, in turn, demonstrates these known techniques that are applicable to Santosh in at least Fig. 5-6, Fig. 16, Fig. 21, Fig. 37, 0125, 0127, 0180, 0196, and 0236. This includes navigation through a menu, including selection of specific criteria (e.g., categories, brands, etc.) The resulting purchase options are responsive to the criteria specified by the user of Wolinsky, with Wolinsky further enabling selection of those options displayed.
Lastly, and contrary to Applicant’s assertion that the Examiner failed to provide any reason to modify the invention of Santosh in view of Wolinsky, the Examiner clearly asserted that the modification in view of Wolinsky would have allowed the sellers/retailers of Santosh to have more readily delivered the right advertisement, at the right place, at the right time, to the right person, for the right price (see: Wolinsky: 0005).
For at least these reasons, the Examiner maintains that the combination of Santosh and Wolinsky is proper and renders obvious to claims as now amended.
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 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
Regarding claims 1-6, under Step 2A claims 1-6 recite a judicial exception (abstract idea) that is not integrated into a practical application and does not provide significantly more.
Under Step 2A (prong 1), and taking claim 1 as representative, claim 1 recites a system that:
receives characteristics of a desired product including at least one of a product category and a product identification;
displays, in response to receiving the characteristics of the desired product, a plurality of purchasing options, the plurality of products of each purchasing option having characteristics of the desired product
receives a selection of a purchasing option of the plurality of purchasing options displayed;
receives product characteristics of seller products available from each seller to be offered to the user, the product characteristics including one of a product category and a product identification;
identifies one or more products and/or offers associated with the purchasing option and that meets the characteristics of the desired product from the user device and the product characteristics from the seller device; and
receives, from the user device controller, a selection of the products and/or offers;
generates a unique transaction code associated with the product and/or offer selection, wherein the unique transaction code is associated with transaction information of the selected one or more products and/or offers:
wherein settings indicate subsets of the transaction information to be shared with one or more parties interacting with the transaction information;
associates each subset of transaction information with the one or more parties that are permitted to interact with the transaction, wherein each party interacting with the transaction information has access to the subset of the transaction information of the product and/or offer selection; and
shares a privacy-limited subset of the user information, wherein the privacy-limited subset of the user information includes at least one of the user identifier and/or demographic information, and wherein identifying information of the user is not directly traceable by the seller.
These limitations recite organizing human activity, such as by performing commercial interactions (see: MPEP 2106.04(a)(2)(II)). This is because the limitations set forth or describe the process by which desired product characteristics are received in order to identify and provide users with products/offers while maintaining privacy of user information. This represents the performance of a marketing and/or sales activity, which is a commercial interaction and falls under organizing human activity.
Accordingly, under step 2A (prong 1) claim 1 recites an abstract idea because claim 1 recites limitations that fall within the “Certain methods of organizing human activity” grouping of abstract ideas.
Under Step 2A (prong 2), the abstract idea is not integrated into a practical application. The Examiner acknowledges that representative claim 1 does recite additional elements, including:
a plurality of seller systems, each seller system including a seller controller and being associated with a seller;
a user device including a user device controller and being associated with a user;
a product distribution computer including:
a data storage system including a user identifier and a dataset including purchasing options, products, and offers, wherein each purchasing option is associated with a plurality of products, and wherein each offer is associated with a product and/or seller;
a product distribution controller in communication with each seller controller of the plurality of seller systems, the user device controller, and the data storage system;
a memory coupled to the product distribution controller, wherein the memory stores program instructions executable by the product distribution controller, wherein, in response to executing the program instructions, and,
stores the association between the generated unique transaction code and transaction information of the product and/or offer selection on the data storage system.
The Examiner also acknowledges that these additional elements (e.g., user device controller, seller controller, user device) are utilized in performing the abstract functions discussed above. Although reciting these additional elements, taken alone or in combination these elements are not sufficient to integrate the abstract idea into a practical application. This is because the additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks).
Secondly, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Lastly, stores the association between the generated unique transaction code and transaction information of the product and/or offer selection on the data storage system is at best extra-solution activity (e.g., storing and retrieving data) that contributes only nominally or insignificantly to the execution of the claimed method (see: MPEP 2106.05(g)).
In view of the above, under Step 2A (prong 2), claim 1 does not integrate the recited exception into a practical application.
Under Step 2B, examiners should evaluate additional elements individually and in combination to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). In this case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Returning to representative claim 1, taken individually or as a whole the additional elements of claim 1 do not provide an inventive concept (i.e. they do not amount to “significantly more” than the exception itself). As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed process amount to no more than the mere instructions to apply the exception using a generic computer and/or no more than a general link to a technological environment.
Furthermore, the additional elements fail to provide significantly more also because the claim simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. For example, the additional elements of claim 1 utilize operations the courts have held to be well-understood, routine, and conventional (see: MPEP 2106.05(d)(II)), including at least:
receiving or transmitting data over a network, and/or,
storing or retrieving information from memory,
Even considered as an ordered combination (as a whole), the additional elements of claim 1 do not add anything further than when they are considered individually.
In view of the above, representative claim 1 does not provide an inventive concept (“significantly more”) under Step 2B, and is therefore ineligible for patenting.
Regarding dependent claims 2-6 and 19, dependent claims 2-6 and 19 recite more complexities descriptive of the abstract idea itself, and at least inherit the abstract idea of claim 1. As such, claims 2-6 are understood to recite an abstract idea under step 2A (prong 1) for at least similar reasons as discussed above.
Under prong 2 of step 2A, the additional elements of dependent claims 2-6 and 19 also do not integrate the abstract idea into a practical application, considered both individually or as a whole. More specifically, claims 2-6 and 19 rely upon at least similar additional elements as recited in claim 1. Further additional elements, such as a hyperlink (claim 3) and (arguably) a QR code or a bar code (claim 19), are also recited only at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks). That is, taken alone or in combination, the additional elements of claims 2-6 and 19 are insufficient to integrate the recited exception into a practical application.
Lastly, under step 2B, claims 2-6 and 19 also fail to result in “significantly more” than the abstract idea under step 2B. This is again because the claims merely apply the exception on generic computing hardware, generally link the exception to a technological environment, and append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Even when viewed as an ordered combination (as a whole), the additional elements of the dependent claims do not add anything further than when they are considered individually.
In view of the above, claims 2-6 and 19 do not provide an inventive concept (“significantly more”) under Step 2B, and are therefore ineligible for patenting.
Regarding claims 7-18, under Step 2A claims 7-18 recite a judicial exception (abstract idea) that is not integrated into a practical application and does not provide significantly more.
Under Step 2A (prong 1), and taking claim 7 as representative, claim 7 recites a system that:
receives characteristics of a desired product including at least one of a brand, a product category, and a product identification and one of a price, a price range, a date, a date range, a location, and a distance from a location;
receives product characteristics of seller products available from each seller to be offered to the user, the product characteristics including one of a brand, a product category, and a product identification and one of a price, a price range, a date, a date range, a location, and a distance from a location;
displays, in response to receiving the characteristics of the desired product, the products or the plurality of purchasing options, the plurality of purchasing options including one of the product categories, brands, and retailers;
receives a selection of one of the products or the plurality of purchasing options of the products or plurality of purchasing options displayed;
in response to receiving the selection of one of the products, display a plurality of offers associated with a selected subset of products;
in response to receiving the selection of one of the plurality of purchasing options, displays a subset of products associated with the selected purchasing option; and
in response to receiving a selection of a subset of products, display a plurality of offers associated with the selected subset of products;
generates a unique transaction code associated with the product and/or offer selection, wherein the unique transaction code is associated with transaction information of the selected one or more products and/or offers:
wherein settings indicate subsets of the transaction information to be shared with one or more parties interacting with the transaction information;
associates each subset of transaction information with the one or more parties that are permitted to interact with the transaction, wherein each party interacting with the transaction information has access to the subset of the transaction information of the product and/or offer selection; and
in response to the product and/or offer selection, facilitates an interaction between the seller associated with the offer and the user without revealing the physical address of the identified user to the seller, and wherein identifying information of the user is not directly traceable by the seller.
These limitations recite organizing human activity, such as by performing commercial interactions (see: MPEP 2106.04(a)(2)(II)). This is because the limitations set forth or describe the process by which desired product characteristics are received in order to identify products or offers, and for sharing a subset of user information with a seller. This represents the performance of a marketing and/or sales activity, which is a commercial interaction and falls under organizing human activity.
Accordingly, under step 2A (prong 1) claim 1 recites an abstract idea because claim 7 recites limitations that fall within the “Certain methods of organizing human activity” grouping of abstract ideas.
Under Step 2A (prong 2), the abstract idea is not integrated into a practical application. The Examiner acknowledges that representative claim 7 does recite additional elements, including:
a plurality of seller systems, each seller system including a seller controller and being associated with a seller;
a user device including a user device controller and being associated with a user;
a product distribution computer including:
a data storage system including a dataset including purchasing options, products, and offers, wherein each purchasing option is associated with a plurality of products, and wherein each offer is associated with a product;
a product distribution controller in communication with each seller controller of the plurality of seller systems, the user device controller, and the data storage system;
a memory coupled to the product distribution controller, wherein the memory stores program instructions executable by the product distribution controller, wherein, in response to executing the program instructions, the product distribution controller, and,
stores the association between the generated unique transaction code and transaction information of the product and/or offer selection on the data storage system.
The Examiner also acknowledges that these additional elements (e.g., user device controller, seller controller, user device) are utilized in performing the abstract functions discussed above. Although reciting these additional elements, taken alone or in combination these elements are not sufficient to integrate the abstract idea into a practical application. This is because the additional elements of claim 7 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks).
Secondly, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Lastly, stores the association between the generated unique transaction code and transaction information of the product and/or offer selection on the data storage system is at best extra-solution activity (e.g., storing and retrieving data) that contributes only nominally or insignificantly to the execution of the claimed method (see: MPEP 2106.05(g)).
In view of the above, under Step 2A (prong 2), claim 7 does not integrate the recited exception into a practical application.
Under Step 2B, examiners should evaluate additional elements individually and in combination to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). In this case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Returning to representative claim 7, taken individually or as a whole the additional elements of claim 7 do not provide an inventive concept (i.e. they do not amount to “significantly more” than the exception itself). As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed process amount to no more than the mere instructions to apply the exception using a generic computer and/or no more than a general link to a technological environment.
Furthermore, the additional elements fail to provide significantly more also because the claim simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. For example, the additional elements of claim 1 utilize operations the courts have held to be well-understood, routine, and conventional (see: MPEP 2106.05(d)(II)), including at least:
receiving or transmitting data over a network, and/or,
storing or retrieving information from memory,
Even considered as an ordered combination (as a whole), the additional elements of claim 7 do not add anything further than when they are considered individually.
In view of the above, representative claim 1 does not provide an inventive concept (“significantly more”) under Step 2B, and is therefore ineligible for patenting.
Regarding dependent claims 8-18 and 20, dependent claims 8-18 and 20 recite more complexities descriptive of the abstract idea itself, and at least inherit the abstract idea of claim 1. As such, claims 2-6 are understood to recite an abstract idea under step 2A (prong 1) for at least similar reasons as discussed above.
Under prong 2 of step 2A, the additional elements of dependent claims 8-18 and 20 also do not integrate the abstract idea into a practical application, considered both individually or as a whole. More specifically, claims 8-18 and 20 rely upon at least similar additional elements as recited in claim 1. Further additional elements, such as a hyperlink (claim 3), a social media platform (e.g., claim 11), or a digital offer (e.g., claim 13) and (arguably) a QR code or bar code (claim 20) are also recited only at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks). That is, taken alone or in combination, the additional elements of claims 2-6 are insufficient to integrate the recited exception into a practical application.
Lastly, under step 2B, claims 8-18 and 20 also fail to result in “significantly more” than the abstract idea under step 2B. This is again because the claims merely apply the exception on generic computing hardware, generally link the exception to a technological environment, and append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Even when viewed as an ordered combination (as a whole), the additional elements of the dependent claims do not add anything further than when they are considered individually.
In view of the above, claims 8-18 and 20 do not provide an inventive concept (“significantly more”) under Step 2B, and are therefore ineligible for patenting.
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, 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.
Claim(s) 1-2, 4-9, 12-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Santosh (US 2021/0224726) in view of Wolinsky (US 2022/0230198 A1).
Examiner note: Santosh was published on July 22, 2021. The publication date is more than one year prior to the earliest priority date sought for the instant application (10/24/2023, which is the effective filing date of the current application). Santosh thereby qualifies as a prior art under 35 USC 102(a)(1) and falls outside the grace period for exceptions under 35 USC 102(b)(1) to apply.
Regarding claim 1, Santosh discloses a product distribution system comprising:
a plurality of seller systems, each seller system including a seller controller and being associated with a seller (see: 0019 (integration with third party merchants, retailers, shipping companies), 0129 (multiple ecommerce platforms and numerous retailers and merchants), 0133, Fig. 2 #15, Fig. 5 #15);
a user device including a user device controller and being associated with a user (see: 0164-0165, 0171, 0090);
a product distribution computer (see: 0056, 0084, 0052, Fig. 2) including:
a data storage system including a user identifier and a dataset including purchasing options, products, and offers, wherein each purchasing option is associated with a plurality of products, and wherein each offer is associated with a product and/or seller (see: 0056-0057, 0083, 0088, 0144);
Note: user name, username, email address, phone number, etc. represents a user identifier, while sellers, product categories, products, pricing, etc. correspond to purchasing options, products, and offers.
a product distribution controller in communication with each seller controller of the plurality of seller systems, the user device controller, and the data storage system (see: 0043, 0056, 0084, 0052, Fig. 2-3, Fig. 5); and
a memory coupled to the product distribution controller, wherein the memory stores program instructions executable by the product distribution controller (see: 0027, 0052, 0055, 0084), wherein, in response to executing the program instructions, the product distribution controller:
receives, from the user device controller, characteristics of a desired product including at least one of a product category and a product identification (see: 0056 (receive…characteristics of a desired product including one of a product category and a product identification), 0144 (types of products, specific products, brands), 0115 (types of products and/or brands they are open to receiving));
receives, from the user device controller, a selection of a purchasing option (see: 0144 (pricing, types of products, brands, price points or ranges), 0145 (specific brands, minimum specifications, under a given price), 0056 (price, price range, dates, location, distance, etc.));
receives, from at least some of the seller controllers, product characteristics of seller products available from each seller to be offered to the user, the product characteristics including one of a product category and a product identification (see: 0056-0057 (receives, as input from a seller, product characteristics of a product available from the seller to be offered…));
identifies one or more products and/or offers associated with the purchasing option and that meets the characteristics of the desired product from the user device and the product characteristics from the seller device (see: 0056-0057 (identifies, using the product characteristics of a product available from the seller to be offered to one or more of the plurality of individuals and the characteristics of the desired product, a matching transaction including an identified product and an identified individual)); and
generates a unique transaction code associated with the product and/or offer selection, wherein the unique transaction code is associated with transaction information of the selected one or more products and/or offers (see: Santosh: 0043 (unique transaction code), 0061 (unique identification code), 0104 (unique transaction code));
stores the association between the generated unique transaction code and transaction information of the product and/or offer selection on the data storage system (see: Santosh: 0022, 0027 (data storage system tests the permission settings to determine whether or not to provide the associated physical address), 0055 (in response to receipt of the identifier, the data storage system tests the permission settings)),
wherein settings indicate subsets of the transaction information to be shared with one or more parties interacting with the transaction information (see: Santosh: Fig. 2 (46), 0118, 0125, 0143-0144, 0151)
associates each subset of transaction information with the one or more parties that are permitted to interact with the transaction, wherein each party interacting with the transaction information has access to the subset of the transaction information of the product and/or offer selection (see: Santosh: 0104, 0136, 0155-0156, 0169); and
shares a privacy-limited subset of the user information, wherein the privacy-limited subset of the user information includes at least one of the user identifier and/or demographic information, and wherein identifying information of the user is not directly traceable by the seller (see: 0019 (only provides identification such as the receiver's email address or phone number), 0037 (preference settings allow use of certain types of information while preventing use of others), 0058 (send the portion of the personally identifiable information in accordance with sharing preferences), 0060 (demographic information), 0136 (provide only a limited subset of address information to the retailer), 0155-0156, 0169).
Though disclosing all of the above, Santosh does not disclose that the system:
displays, on the user device and in response to receiving the characteristics of the desired product, a plurality of purchasing options, the plurality of products of each purchasing option having characteristics of the desired product;
receives, from the user device controller, a selection of a purchasing option of the plurality of purchasing options displayed on the user device.
Notably, Santosh does disclose enabling selection of products, selection of categories, and even a user interface (see above).
To this accord, Wolinksy discloses a system for displaying and saving deals (offers) including that the system displays, on the user device and in response to receiving the characteristics of the desired product, a plurality of purchasing options, the plurality of products of each purchasing option having characteristics of the desired product (see: Fig. 5-6, 0125, 0127; see also: Fig. 3A-3B, 0086 (upload parameters…), 0098). Wolinsky discloses a user navigation through a menu, including selection of specific criteria (e.g., categories, brands, etc.) The resulting purchase options are responsive to the criteria specified by the user of Wolinsky.
Alternatively, Wolinsky allows a user to specify criteria for returning products or purchasing options in Fig. 3A-3B, where the scanned tag represents the characteristic used for returning the products or purchasing options (see also: 0086 (upload particular parameters to a server that, in response, causes advertisements and other information to be downloaded to the mobile device of the shopper)).
Lastly, Wolinsky receives, from the user device controller, a selection of a purchasing option of the plurality of purchasing options displayed on the user device (see: 0180, Fig. 16 (1628-1630), 0196, Fig. 21 (2104), 0236, Fig. 37 (3706)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Santosh to have utilized the known technique for displaying and selecting products or product options as taught by Wolinksy in order to have allowed the sellers/retailers of Santosh to have more readily delivered the right advertisement, at the right place, at the right time, to the right person, for the right price (see: Wolinsky: 0005).
2. The product distribution system of Claim 1, wherein the product distribution controller is further configured to:
receive, from the user device controller, sharing preferences for the personally identifiable information related to the user, wherein the sharing preferences indicate whether at least a portion of the personally identifiable information related to the user is to be shared with the seller controller (see: Santosh: 0037 (preference settings allow use of certain types of information while preventing use of others), 0058 (receive sharing preferences that indicate whether PII is to be shared with the seller)), 0097 (permission settings authorize sharing of the physical address with a specific retailer), 0118 (adjust privacy and permission settings to indicate whether a portion of the personally identifiable information may be shared with the seller)); and
in response to receiving a selection of an offer, send the portion of the personally identifiable information related to the user to the seller controller in accordance with the sharing preferences (see: Santosh: 0019 (only provides identification such as the receiver's email address or phone number), 0037 (preference settings allow use of certain types of information while preventing use of others), 0058 (send the portion of the personally identifiable information in accordance with sharing preferences), 0060 (demographic information), 0136 (provide only a limited subset of address information to the retailer)).
4. The product distribution system of Claim 1, wherein the controller is configured to withhold contact information of the user from the seller (see: Santosh: 0136 (provide only a limited subset of address information to the retailer), 0149 (anonymously with respect to the brand (i.e., only the address exchange system 10 knows the receiver's information, the receiver 30 and the receiver's contact information are not shared with the sender 32)).
5. The product distribution system of Claim 1, wherein the product comprises one or more of an item or a service (see: Santosh: 0056, 0145).
6. The product distribution system of Claim 1, wherein the characteristics of the desired product further comprises a keyword, a product name, a brand name, or a product category (see: Santosh: 0056, 0145).
Regarding claim 7, Santosh discloses a product distribution system comprising:
a plurality of seller systems, each seller system including a seller controller and being associated with a seller (see: 0019 (integration with third party merchants, retailers, shipping companies), 0129 (multiple ecommerce platforms and numerous retailers and merchants), 0133, Fig. 2 #15, Fig. 5 #15);
a user device including a user device controller and being associated with a user (see: 0164-0165, 0171, 0090);
a product distribution computer (see: 0056, 0084, 0052, Fig. 2) including:
a data storage system a dataset including purchasing options, products, and offers, wherein each purchasing option is associated with a plurality of products, and wherein each offer is associated with a product and/or seller (see: 0056-0057, 0083, 0088, 0144);
Note: sellers, product categories, products, pricing, etc. correspond to purchasing options, products, and offers.
a product distribution controller in communication with each seller controller of the plurality of seller systems, the user device controller, and the data storage system (see: 0043, 0056, 0084, 0052, Fig. 2-3, Fig. 5); and
a memory coupled to the product distribution controller, wherein the memory stores program instructions executable by the product distribution controller (see: 0027, 0052, 0055, 0084), wherein, in response to executing the program instructions, the product distribution controller:
receives, from the user device controller, characteristics of a desired product including at least one of a brand, a product category, and a product identification and one of a price, a price range, a date, a date range, a location, and a distance from a location (see: 0049 (a price, a maximum price, a minimum price, a price range, a sale status, a product characteristic, a delivery location, and a time for receiving an item), 0056-0057 (receives, as input from one of the plurality of individuals via a permission setting module, characteristics of a desired product including one of a product category and a product identification and one of a price, a price range, a date, a date range, a location, and a distance from a location), 0144, 0115);
receives, from at least some of the seller controller, product characteristics of seller products available from each seller to be offered to the user, the product characteristics including one of a brand, a product category, and a product identification and one of a price, a price range, a date, a date range, a location, and a distance from a location (see: 0056-0057 (receives, as input from a seller, product characteristics of a product available from the seller to be offered…including product category or a product identification and a price or a price range a date or a date range, a location, and a distance from a location));
receives, from the user device controller, a selection of one of the products or the plurality of purchasing options (see: 0089, 0094, 0144-0145);
in response to selection of an offer, facilitate an interaction between the seller associated with the offer and the user (see: 0045, 0094, 0137) without revealing the physical address of the identified user to the seller controller, and wherein identifying information of the user is not traceable by the seller (see: 0019 (only provides identification such as the receiver's email address or phone number) 0037 (make use of certain types of offline information while preventing the use of other types of offline information), 0058 (send the portion of the personally identifiable information in accordance with sharing preferences), 0136 (provide only a limited subset of address information to the retailer), 0149 (only the address exchange system 10 knows the receiver's information)
Note: the sender selects items for purchase, arranges shipment, and provides payment, and may be the same person or entity as the receiver (0089).
generates a unique transaction code associated with the product and/or offer selection, wherein the unique transaction code is associated with transaction information of the selected one or more products and/or offers (see: Santosh: 0043 (unique transaction code), 0061 (unique identification code), 0104 (unique transaction code));
stores the association between the generated unique transaction code and transaction information of the product and/or offer selection on the data storage system (see: Santosh: 0022, 0027 (data storage system tests the permission settings to determine whether or not to provide the associated physical address), 0055 (in response to receipt of the identifier, the data storage system tests the permission settings)),
wherein settings indicate subsets of the transaction information to be shared with one or more parties interacting with the transaction information (see: Santosh: Fig. 2 (46), 0118, 0125, 0143-0144, 0151)
associates each subset of transaction information with the one or more parties that are permitted to interact with the transaction, wherein each party interacting with the transaction information has access to the subset of the transaction information of the product and/or offer selection (see: Santosh: 0104, 0136, 0155-0156, 0169); and
shares a privacy-limited subset of the user information, wherein the privacy-limited subset of the user information includes at least one of the user identifier and/or demographic information, and wherein identifying information of the user is not directly traceable by the seller (see: 0019 (only provides identification such as the receiver's email address or phone number), 0058 (send the portion of the personally identifiable information in accordance with sharing preferences), 0060 (demographic information), 0136 (provide only a limited subset of address information to the retailer), 0155-0156, 0169).
Though disclosing all of the above, Santosh does not disclose that the system:
displays, on the user device and in response to receiving the characteristics of the desire product, the products or the plurality of purchasing options, the plurality of purchasing options including one of the product categories, brands, and retailers;
receives, from the user device controller, a selection of a purchasing option of the plurality of purchasing options displayed on the user device,
in response to receiving the selection of one of the products, display, on the user device, a plurality of offers associated with a selected subset of products;
in response to receiving the selection of one of the plurality of purchasing options, displays, on the user device, a subset of products associated with the selected purchasing option;
in response to receiving a selection of a subset of products, display, on the user device, a plurality of offers associated with the selected subset of products.
Notably, Santosh does disclose enabling selection of products, selection of categories, and even a user interface (see above).
To this accord, Wolinksy discloses a system for displaying and saving deals (offers) including display, on the user device and in response to receiving the characteristics of the desire product, the products (e.g., Fig. 3B-3D, Fig. 4B-4C) or the plurality of purchasing options (e.g., Fig. 5-6), the plurality of purchasing options including one of the product categories, brands, and retailers (see: Fig. 5 #502a-b & 502d, 0125). Wolinsky discloses a user navigation through a menu, including selection of specific criteria (e.g., categories, brands, etc.) The resulting purchase options are responsive to the criteria specified by the user of Wolinsky.
Alternatively, Wolinsky allows a user to specify criteria for returning products or purchasing options in Fig. 3A-3B, where the scanned tag represents the characteristic used for returning the products or purchasing options (see also: 0086 (upload particular parameters to a server that, in response, causes advertisements and other information to be downloaded to the mobile device of the shopper)).
Wolinsky further discloses:
receives, from the user device controller, a selection of a purchasing option of the plurality of purchasing options displayed on the user device (see: 0180, Fig. 16 (1628-1630), 0196, Fig. 21 (2104), 0236, Fig. 37 (3706)).
in response to receiving the selection of one of the products, display, on the user device, a plurality of offers associated with a selected subset of products (see: 0109, Fig. 4B (adjacency advertisements), Fig. 4C #404a-d);
in response to receiving the selection of one of the plurality of purchasing options, displays, on the user device, a subset of products associated with the selected purchasing option (see: Fig. 5 #502a-e, 0125, Fig. 6 (#602a-h, available deals), 0127); and
in response to receiving a selection of a subset of products, display, on the user device, a plurality of offers associated with the selected subset of products (see: 0127 (deals that are available with each of the sub-categories are to be displayed in a subsequent list – e.g., ads associated with the “Center Store” category 602b may be displayed in a list responsive to a shopper selecting the “Center Store” category 602b).
Notably, Wolinksy also facilitates an interaction between the seller associated with the offer and the user in response to selection of an offer (see: 0142 (checkout, 0197, Fig. 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Santosh to have utilized the known technique for displaying and selecting products or product options as taught by Wolinksy in order to have allowed the sellers/retailers of Santosh to have more readily delivered the right advertisement, at the right place, at the right time, to the right person, for the right price (see: Wolinsky: 0005).
8. The product distribution system of Claim 7, wherein the product categories include one or more of clothing, jewelry, cosmetics, personal care, health, baby, pets, home goods, home appliances, kitchen and dining, furniture, outdoors, grocery, household essentials, school supplies, office supplies, movies, books, music, electronics, party supplies, toys, video games, sports, arts and crafts (see: Santosh: 0130, 0132, 0145; Wolinsky: 0127, Fig. 6).
9. The product distribution system of Claim 7, wherein the product distribution controller is configured to:
when the plurality of offers is displayed on the user device, receive, from the user device controller, a following tag to create a followed offer (see: Wolinsky: Fig. 5 #502h, Fig. 13A-13C, 0144); and
display, on the user device, a list of followed offers (see: Wolinsky: Fig. 5 #502h, Fig. 13A-13C, 0144).
12. The product distribution system of Claim 7, wherein the product distribution controller is configured to: provide user information related to the user to a seller, wherein the user information includes demographic information, full information, and/or a user identifier (see: 0114 (previous purchases, saved preferences), 0118 (brand may receive demographic data…); Wolinsky: 0153 (historical information of the user));
receive a customized offer or message for the user from the seller (see: Santosh: 0114 (provide tailored advertisements), 0119 (digital offers…based on purchase history); Wolinsky: 0232 (ads are tailored to each based on advertiser audience delivery priorities, demographics, buying history)); and
present the customized offer or message to the user (see: Santosh: 0126 (recommendations, advertisements, offers…presented to a sender); Wolinsky: Fig. 3B-4C).
13. The product distribution system of Claim 7, wherein the offer is digital (see: Santosh: 0119; Wolinsky: Fig. 3B-4C).
14. The product distribution system of Claim 7, wherein the product distribution controller is further configured to:
receive, from the user device controller, sharing preferences for the personally identifiable information related to the user, wherein the sharing preferences indicate whether at least a portion of the personally identifiable information related to the user is to be shared with the seller controller (see: Santosh: 0037 (preference settings allow use of certain types of information while preventing use of others), 0058 (receive sharing preferences that indicate whether PII is to be shared with the seller)), 0097 (permission settings authorize sharing of the physical address with a specific retailer), 0118 (adjust privacy and permission settings to indicate whether a portion of the personally identifiable information may be shared with the seller)); and
in response to receiving a selection of an offer, send the portion of the personally identifiable information related to the user to the seller controller in accordance with the sharing preferences (see: Santosh: 0019 (only provides identification such as the receiver's email address or phone number), 0058 (send the portion of the personally identifiable information in accordance with sharing preferences), 0060 (demographic information), 0136 (provide only a limited subset of address information to the retailer)).
16. The product distribution system of Claim 6, wherein the controller is configured to withhold contact information of the user from the seller (see: Santosh: 0136 (provide only a limited subset of address information to the retailer), 0149 (anonymously with respect to the brand (i.e., only the address exchange system 10 knows the receiver's information, the receiver 30 and the receiver's contact information are not shared with the sender 32)).
17. The product distribution system of Claim 6, wherein the product comprises one or more of an item or a service (see: Santosh: 0056, 0145).
18. The product distribution system of Claim 1, wherein the characteristics of the desired product further comprises a keyword, a product name, a brand name, or a product category (see: Santosh: 0056, 0145).
19. The product distribution system of Claim 1, wherein the unique transaction code is one of a QR code, a bar code, or a transaction identification number (see: Santosh: 0043, 0060-0061, 0103-0104, 0151).
20. The product distribution system of Claim 7, wherein the unique transaction code is one of a QR code, a bar code, or a transaction identification number (see: Santosh: 0043, 0060-0061, 0103-0104, 0151).
Claim(s) 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Santosh in view Wolinsky as applied to claim 1 and claim 7 above, and further in view of Deng (US 10,546,319).
Regarding claim 3 and parallel claim 15, Santosh in view of Wolinsky discloses all of the above as noted including a retailer main page and checkout page accessed via a universal login (e.g., Santosh: 0134, 0140). Notably, both Santosh and Wolinsky provide offers in a web based environment. The combination, however, does not expressly disclose wherein the controller is further configured to provide a hyperlink to the consumer, wherein the hyperlink allows the consumer to complete the transaction on the seller’s website. Use of such hyperlinks was notoriously well-known in the art before the effective filing date of the invention and would have been obvious to one of ordinary skill in the art.
For example, Deng discloses an advertising and marketing system that provides a hyperlink to the consumer, wherein the hyperlink allows the consumer to complete the transaction on the seller’s website (see: col. 3 lines 62-66, col. 5 lines 66-67, Fig. 2A-2B #204, col. 6 line 42-col. 9 line 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Santosh in view of Wolinsky to have utilized the well-known manner of enabling purchasing through a link as taught Deng in order to have enabled a purchasing option within an online application by linking to a site selling the desired product (see: Deng: col. 3 lines 62-66), thereby making it easier for a user to complete a purchase.
Claim(s) 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Santosh in view Wolinsky as applied to claim 7 above, and further in view of Stewart (US 2014/0012654 A1).
Regarding claim 10, Santosh in view of Wolinsky discloses all of the above as noted but does not disclose wherein the product distribution controller is configured to: when the plurality of offers is displayed on the user device, receive, from the user device controller, a sharing tag to create a shared offer; and
in response to receiving a sharing tag, enable the user to send the shared offer to a further user.
To this accord, Stewart discloses a promotion system configured to when the plurality of offers is displayed on the user device, receive, from the user device controller, a sharing tag to create a shared offer (see: Fig. 10 #1001-1002, 0101, 0115 (options enabling the purchaser to further post promotional materials relating to particular promotions at various locations such as social networks, blogs, etc.)); and
in response to receiving a sharing tag, enable the user to send the shared offer to a further user (see: 0005 (promotional material is configured for posts on one or more social networking systems), 0101 (automatically posts the appropriate promotional material to the selected location), 0102).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Santosh in view of Wolinsky to have enabled the sharing of offers and promotions as taught by Stewart in order to have increased the efficacy of the promotional materials in attracting attention and/or interest by viewers (see: 0103)
11. The product distribution system of Claim 10, wherein the product distribution controller is configured to enable the user to send the shared offer to the further user through a social media platform (see: 0005 (promotional material is configured for posts on one or more social networking systems), 0101 (automatically posts the appropriate promotional material to the selected location), 0102, Fig. 10 #1002).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
PTO form 892-U discloses utilization of Secure QR Code (SQRC) technology to keep information secured and hidden (see: abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM J ALLEN whose telephone number is (571)272-1443. The examiner can normally be reached Monday-Friday, 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM J. ALLEN
Primary Examiner
Art Unit 3625
/WILLIAM J ALLEN/Primary Examiner, Art Unit 3619