Prosecution Insights
Last updated: July 17, 2026
Application No. 19/004,048

SYSTEM AND METHOD OF PROVIDING INFORMED DELIVERY ITEMS USING A HYBRID-DIGITAL MAILBOX

Final Rejection §103
Filed
Dec 27, 2024
Priority
Mar 06, 2017 — provisional 62/467,679 +4 more
Examiner
ZEROUAL, OMAR
Art Unit
3628
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
United States Postal Service
OA Round
2 (Final)
34%
Grant Probability
At Risk
3-4
OA Rounds
1y 10m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants only 34% of cases
34%
Career Allowance Rate
124 granted / 368 resolved
-18.3% vs TC avg
Strong +40% interview lift
Without
With
+39.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
25 currently pending
Career history
400
Total Applications
across all art units

Statute-Specific Performance

§101
24.0%
-16.0% vs TC avg
§103
71.6%
+31.6% vs TC avg
§102
1.9%
-38.1% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 368 resolved cases

Office Action

§103
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 . Status of the Claims Claims 1-20 were previously pending and subject to a non-final office action mailed 11/05/2025. Claims 1, 4, 6-10, 13-15, and 17-18 were amended; no claim was cancelled, or added in a reply filed 03/05/2026. Therefore claims 1-20 are currently pending and subject to the final office action below. Response to Arguments Applicant’s arguments, see remarks p. 9-11, filed 03/05/2026, with respect to 101 rejection have been fully considered and are persuasive. The 101 rejection of claim 1-20 has been withdrawn. Applicant’s arguments with respect to 102/103 rejection have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. The factual inquiries 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Briggman (US 2013/0198300) in view of Mittelstaedt (US 2005/0188019) and Mattingly (US 20140074573). As per claim 1, Briggman discloses a method for handling distribution items, the method comprising: receiving, from a sender, a first plurality of recipients to which a plurality of physical distribution items are to be delivered (paragraph 42, 53, 58 and 66, “this information may be included in a manifest file. The information may include, for example, the number of mailings, the type of mailings, the postage, the name of the sender, the name of the recipients, and other personal information”); receiving, from the sender, a digital representation of a plurality of physical distribution items (paragraph 42, 58, “For example, information regarding incoming or outgoing mail pieces may be extracted from a manifest such as a mail.dat file, may be extracted based on scanning equipment which scans all incoming and outgoing mail pieces at a processing facility, or may be extracted based on mail-piece images generated using mail processing equipment with imaging capabilities. The imaging may include imaging a single side or face of mail pieces, or may include imaging multiple sides or faces of mail pieces. These images of the mail pieces may be processed to extract identifying information regarding the mail pieces by use of indicia such as an IMb. Mail pieces may include letters, flats, packages, or other mailed items.”); receiving from the sender, supplemental item content (paragraph 62-66, “Any supplemental content, such as offers ("ads"), may be provided as digital ride-a-longs for mail items that appear in their digital mailbox inbox.”); identifying one or more campaign details for the plurality of physical distribution items (paragraph 65, “The recipients of the supplemental offers may be selected by geographic region. For example, the ad sender may select specific zip codes or other geographic limitations near the sender's place of business for the advertisements to be sent. The sender may also select recipients based on other criteria, for example, specific preferences of recipients that should receive the advertisement. For example, if the sender is a sports store, the sender may request that the advertisements be mailed to a specific number of individuals who have indicated an interest in sports or specific sporting activities. In this case, the recipients may have updated a preferences section of their hybrid-digital mailboxes to indicate preferences, such as hobbies, likes and dislikes, interests, occupation, and other personal information and preferences.”); after receiving the digital representation from the sender, receiving, in item processing equipment, the plurality of physical distribution items (paragraph 58, 67, “The physical mail may also include an image or a link to an image of the mail. The image may be taken from a postal service machine that scans the mail as it is processed and sorted at a postal service processing facility. The type of mail piece, the sender, the subject, and the expected delivery date may be obtained in a number of ways. As described above, the inbox may access information in tracking system 200, such as by use of Receive Mail Data module 208, which is capable of filtering IM-VIS shipment data”, ‘0032] Data repository 130 may also receive data from one or more mail processing systems 132 associated with a mail distribution network (e.g., the USPS). Mail processing system 132 may perform a variety of processing functions, such as mail sorting, processing, labeling, and scanning of incoming and outgoing physical mail pieces. Mail pieces that are transported along the mail distribution network may have identifying barcodes, such as an IMb which can serve as a tracking code to enable the postal authority to ascertain certain events related to the physical mail piece. Based upon address identifying features within the IMb, inbound physical mail pieces will be identified as they are processed by mail sorting equipment and the mail piece processing information will be forwarded to a centralized database, or to data repository 130. Mail piece processing information forwarded to the databases may then be analyzed for information about the location of a mail piece at time of processing, type of mail, sender, processing operation, and destination. The analyzed information may then be forwarded to data repository 130 for use by hybrid-digital mail server 102, and for use in the hybrid-digital mailbox for presentment to a subscribing user.”)); sorting, in the item processing equipment, a first subset of the plurality of physical distribution items to the first plurality of recipients (“0032] Data repository 130 may also receive data from one or more mail processing systems 132 associated with a mail distribution network (e.g., the USPS). Mail processing system 132 may perform a variety of processing functions, such as mail sorting, processing, labeling, and scanning of incoming and outgoing physical mail pieces. Mail pieces that are transported along the mail distribution network may have identifying barcodes, such as an IMb which can serve as a tracking code to enable the postal authority to ascertain certain events related to the physical mail piece. Based upon address identifying features within the IMb, inbound physical mail pieces will be identified as they are processed by mail sorting equipment and the mail piece processing information will be forwarded to a centralized database, or to data repository 130. Mail piece processing information forwarded to the databases may then be analyzed for information about the location of a mail piece at time of processing, type of mail, sender, processing operation, and destination. The analyzed information may then be forwarded to data repository 130 for use by hybrid-digital mail server 102, and for use in the hybrid-digital mailbox for presentment to a subscribing user.”, “[0058] The physical mail may also include an image or a link to an image of the mail. The image may be taken from a postal service machine that scans the mail as it is processed and sorted at a postal service processing facility. The type of mail piece, the sender, the subject, and the expected delivery date may be obtained in a number of ways. As described above, the inbox may access information in tracking system 200, such as by use of Receive Mail Data module 208, which is capable of filtering IM-VIS shipment data. In another embodiment, the information may be manually entered by the recipient in the recipient's hybrid-digital mailbox. In another embodiment, the information may be partially populated by the manifest file, and completed by the recipient.”) ; providing, in a user interface, the supplemental item content to the first subset of the plurality of recipients (paragraph 88, the supplemental content is given to the chosen recipient through the user interface). Sorting, in item sorting equipment, a second subset of the plurality of physical distribution items to the second plurality of recipients (“032] Data repository 130 may also receive data from one or more mail processing systems 132 associated with a mail distribution network (e.g., the USPS). Mail processing system 132 may perform a variety of processing functions, such as mail sorting, processing, labeling, and scanning of incoming and outgoing physical mail pieces. Mail pieces that are transported along the mail distribution network may have identifying barcodes, such as an IMb which can serve as a tracking code to enable the postal authority to ascertain certain events related to the physical mail piece. Based upon address identifying features within the IMb, inbound physical mail pieces will be identified as they are processed by mail sorting equipment and the mail piece processing information will be forwarded to a centralized database, or to data repository 130. Mail piece processing information forwarded to the databases may then be analyzed for information about the location of a mail piece at time of processing, type of mail, sender, processing operation, and destination. The analyzed information may then be forwarded to data repository 130 for use by hybrid-digital mail server 102, and for use in the hybrid-digital mailbox for presentment to a subscribing user.”) Timing the delivery of the physical mail with the digital representation (paragraph 64). providing, in the user interface, the updated supplemental item content to the second subset of recipients (paragraph 88, the supplemental contents is provided to users who receive digital representation of their mail via the user interface). However, Briggman does not disclose but Mittelstaedt, hereinafter “Mitt” discloses receiving interaction information regarding the interaction of the first subset of the plurality of recipients with the supplemental item content (paragraph 20-21, 27 and 35, feedback is received on the interaction of the recipients with the received supplemental content); updating the supplemental item content based on the one or more campaign details and the interaction information (paragraph 20-21, 27 and 35, ” The test cell results are evaluated and reviewed in block 46. Then, the attributes of the best performing test cell, as determined by the feedback and evaluation of the test cell results, are incorporated into the final mailing in block 48 which is part of the design portion of the system. “, “[0005]…All of this test feedback can be used to optimize the desired outcome of the email communication, whether the goal is maximized views, clicks, downloads, forwards, leads, sales, etc.”); delivering a second subset of the plurality of physical distribution items to the second subset of recipients (paragraph 20-21, 27 and 35, the final message sent to the second group of recipient is updated based on the feedback); and providing, in the user interface, the updated supplemental item content to the second plurality of recipients (paragraph 20-21, 27 and 35, the final message sent to the second group of recipient is updated based on the feedback). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include limitations as taught by Mitt in the teaching of Briggman, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. However, Briggman in view of Mitt does not disclose but Mattingly discloses identifying, in a customer database, a second plurality of recipients based on the one or more campaign details and the interaction information, wherein the first plurality of recipients is different than the second plurality of recipients ([0029] According to another preferred embodiment of the invention, the report includes a secondary mailing report containing demographics information for at least a portion of the targeted group for purposes of generating additional direct mail items”, “[0049]… A Secondary Mailing Report 38 creates a mailing list for Providers for sending subsequent promotions. These further promotions may be for complementary goods or services based on past Items redeemed by the Recipient. Using the valuable information contained in these and other reports generated from previous mailings to similarly situated Recipients, some Recipients of a targeted group may receive more or less Items, or even different but related Items…”). In response to identifying the second plurality of recipients, generating a second subset of the plurality of physical distribution items to the second plurality of recipients (“[0029] According to another preferred embodiment of the invention, the report includes a secondary mailing report containing demographics information for at least a portion of the targeted group for purposes of generating additional direct mail items”, “[0049]… A Secondary Mailing Report 38 creates a mailing list for Providers for sending subsequent promotions. These further promotions may be for complementary goods or services based on past Items redeemed by the Recipient. Using the valuable information contained in these and other reports generated from previous mailings to similarly situated Recipients, some Recipients of a targeted group may receive more or less Items, or even different but related Items…”” Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include limitations as taught by Mattingly in the teaching of Briggman in view of Mitt, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. As per claim 2, Briggman discloses wherein the supplemental item content is embedded in the digital representation of the plurality of physical distribution items (paragraph 62-64). As per claim 3, Briggman discloses wherein further comprising providing a delivery notification including the digital representation of the plurality of physical distribution items to the plurality of recipients (paragraph 46, 63 and 67). As per claim 4, Briggman discloses providing the delivery notification to the first plurality of recipients via the user interface (paragraph 88, fig. 4). As per claim 5, Briggman discloses wherein receiving from the sender, supplemental item content, comprises receiving a first supplemental item content and a second supplemental item content (paragraph 62-68). As per claim 6, Briggman does not disclose but Mitt discloses wherein providing the supplemental item content to the first plurality of recipients comprises providing the first supplemental item content to some recipients of the first subset of the plurality recipients and providing the second supplemental item content to others of the first plurality of recipients (paragraph 20-21, 27, 29, 35 and claim 1)(please see claim 1 rejection for combination rationale). As per claim 7, Briggman does not disclose but Mitt discloses wherein updating the supplemental item content comprises determining, based on the interaction information, that the first supplemental item content has a higher interaction rate for recipients associated with a first characteristic (“[0031] When the "Delivery" tab is selected (see FIG. 9), the actual test cells and final markings are created and launched. Three options (Subject Option A 9:00 a.m., Subject Option B 9:00 a.m., and Subject Option A, 2:00 p.m.) have been depicted therein. This indicates that three test cells were completed and the "Final" communication sent. In the illustrated case, a random percent was taken of the global audience defined in FIG. 8 of the "Marketing Opt-In" audience. As shown, three different "subject" lines were tested at a different time of the day to determine the best performing subject line.” This tells the user that the subject option A was more successful and sending at 9 am was more successful than sending at 2 pm. Under BRI, “a first characteristic” reads on any distinguishing attribute of a recipient group corelated with a higher interaction rate, as taught by Mitt’s identification of time of day and subject line preferences) (please see claim 1 rejection for combination rationale). However, Briggman in view of Mitt does not disclose but Mattingly discloses wherein identifying the second plurality of recipients comprises, identifying, in a customer preference database, recipients who are associated with the first characteristic and associated with the one or more campaign details (“Some recipients in the group may receive more or less items, or even different but related items based on demographics and other valuable information obtained in previous mailings to similarly situated recipients. Similarly, the invention may also generate secondary mailings to recipients based on past item redemptions. For example, if a recipient in a direct mailing which targets new residents redeems an item at a furniture store to purchase a baby's crib, the secondary mailing to that recipient may include direct mail items relating to baby formula, diapers, and the like.”; “After redemption of a direct mail item by a recipient, the ID code is read and electronically linked with the recipient's demographics information contained in the electronic database. A report is generated based on the direct mail items redeemed. The report may include a geographic map which plots respective locations of recipients, and/or a listing of receipts grouped into a plurality of demographics segments.”; “[0029] According to another preferred embodiment of the invention, the report includes a secondary mailing report containing demographics information for at least a portion of the targeted group for purposes of generating additional direct mail items.”)(please see claim 1 rejection for combination rationale). As per claim 8, Briggman does not disclose but Mitt discloses wherein updating the supplemental item content comprises adding to the supplemental content a feature associated with the first characteristic (paragraph 20-21, 27, 29 and 35, “Then, the attributes of the best performing test cell, as determined by the feedback and evaluation of the test cell results, are incorporated into the final mailing in block 48 which is part of the design portion of the system. Then, the mailing is previewed in block 32 and the system proceeds from there in the manner previously described.”, “[0005]…Similarly, it may be determined through the test messages that messages sent from an entity having a familiar or catchy name are more likely to be opened and/or answered. The final message can make use of the test feedback and make use of the familiar or catchy name in the final message to enhance the chance for a successful result.” Adding the feature (the familiar name, the winning subject line, or other winning attribute) associated with the first characteristic to the updated supplemental context) (please see claim 1 rejection for combination rationale). As per claim 9, Briggman discloses storing, in a recipient preference database, recipient preferences for each of the plurality of recipients; comparing, for each of the plurality of recipients, recipient preferences in the recipient preference database with the one or more campaign details; and identifying the first plurality of recipients based on the comparison of recipient preferences with the one or more campaign details (paragraph 61 and 65). As per claim 10, Briggman discloses a system for handling distribution items, the system comprising: one or more processors configured to: receive, from a sender, a first plurality of recipients to which a plurality of physical distribution items are to be delivered (paragraph 42, 53, 58 and 66, “this information may be included in a manifest file. The information may include, for example, the number of mailings, the type of mailings, the postage, the name of the sender, the name of the recipients, and other personal information”); receive, from the sender, a digital representation of a plurality of physical distribution items; (paragraph 42, 58, “For example, information regarding incoming or outgoing mail pieces may be extracted from a manifest such as a mail.dat file, may be extracted based on scanning equipment which scans all incoming and outgoing mail pieces at a processing facility, or may be extracted based on mail-piece images generated using mail processing equipment with imaging capabilities. The imaging may include imaging a single side or face of mail pieces, or may include imaging multiple sides or faces of mail pieces. These images of the mail pieces may be processed to extract identifying information regarding the mail pieces by use of indicia such as an IMb. Mail pieces may include letters, flats, packages, or other mailed items.”); receive from the sender, supplemental item content (paragraph 62-66, “Any supplemental content, such as offers ("ads"), may be provided as digital ride-a-longs for mail items that appear in their digital mailbox inbox.”); identify one or more campaign details for the plurality of physical distribution items (paragraph 65, “The recipients of the supplemental offers may be selected by geographic region. For example, the ad sender may select specific zip codes or other geographic limitations near the sender's place of business for the advertisements to be sent. The sender may also select recipients based on other criteria, for example, specific preferences of recipients that should receive the advertisement. For example, if the sender is a sports store, the sender may request that the advertisements be mailed to a specific number of individuals who have indicated an interest in sports or specific sporting activities. In this case, the recipients may have updated a preferences section of their hybrid-digital mailboxes to indicate preferences, such as hobbies, likes and dislikes, interests, occupation, and other personal information and preferences.”); provide, in a user interface, the supplemental item content to the first plurality of recipients (paragraph 88, the supplemental content is given to the chosen recipient through the user interface). provide, in the user interface, the updated supplemental item content to the second plurality of recipients (paragraph 88, the supplemental contents is provided to users who receive digital representation of their mail via the user interface); item processing equipment in communication with the one or more processors, the item processing equipment configured to: receive the plurality of physical distribution items, after receiving the digital representation of the plurality of physical distributions items (paragraph 32, 42, 53, 58, 67, “The physical mail may also include an image or a link to an image of the mail. The image may be taken from a postal service machine that scans the mail as it is processed and sorted at a postal service processing facility. The type of mail piece, the sender, the subject, and the expected delivery date may be obtained in a number of ways. As described above, the inbox may access information in tracking system 200, such as by use of Receive Mail Data module 208, which is capable of filtering IM-VIS shipment data”, ‘0032] Data repository 130 may also receive data from one or more mail processing systems 132 associated with a mail distribution network (e.g., the USPS). Mail processing system 132 may perform a variety of processing functions, such as mail sorting, processing, labeling, and scanning of incoming and outgoing physical mail pieces. Mail pieces that are transported along the mail distribution network may have identifying barcodes, such as an IMb which can serve as a tracking code to enable the postal authority to ascertain certain events related to the physical mail piece. Based upon address identifying features within the IMb, inbound physical mail pieces will be identified as they are processed by mail sorting equipment and the mail piece processing information will be forwarded to a centralized database, or to data repository 130. Mail piece processing information forwarded to the databases may then be analyzed for information about the location of a mail piece at time of processing, type of mail, sender, processing operation, and destination. The analyzed information may then be forwarded to data repository 130 for use by hybrid-digital mail server 102, and for use in the hybrid-digital mailbox for presentment to a subscribing user.”)); sort a first subset of the plurality of physical distribution items for delivery to the first plurality of recipients (paragraph 32, 57, 58, 62-68, the mail is sorted and delivered to the selected subset of recipients); Time the delivery of the physical mail with the digital representation delivery and sort a second subset of the plurality of physical distribution items for delivery to the second plurality of recipients (paragraph 64, the sorting and delivery of physical mail is timed with the delivery of supplemental content to the different chosen pluralities of recipients). However, Briggman does not disclose but Mittelstaedt, hereinafter “Mitt” discloses receive interaction information regarding the interaction of the first subset of the plurality of recipients with the supplemental item content (paragraph 20-21, 27 and 35, feedback is received on the interaction of the recipients with the received supplemental content); update the supplemental item content based on the one or more campaign details and the interaction information (paragraph 20-21, 27 and 35, the final message sent to the second group of recipient is updated based on the feedback); in response to the update of the supplemental item content, delivering a second subset of the supplemental items to the second plurality of recipients (paragraph 20-21, 27 and 35, the final message sent to the second group of recipient is updated based on the feedback); and Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include limitations as taught by Mitt in the teaching of Briggman, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. However, Briggman in view of Mitt does not disclose but Mattingly discloses identifying, in a customer database, a second plurality of recipients based on the one or more campaign details and the interaction information, wherein the first plurality of recipients is different than the second plurality of recipients ([0029] According to another preferred embodiment of the invention, the report includes a secondary mailing report containing demographics information for at least a portion of the targeted group for purposes of generating additional direct mail items”, “[0049]… A Secondary Mailing Report 38 creates a mailing list for Providers for sending subsequent promotions. These further promotions may be for complementary goods or services based on past Items redeemed by the Recipient. Using the valuable information contained in these and other reports generated from previous mailings to similarly situated Recipients, some Recipients of a targeted group may receive more or less Items, or even different but related Items…”). In response to the identification of the second plurality of recipients, generate a second subset of the plurality of physical distribution items for delivery to the second plurality of recipients (“[0029] According to another preferred embodiment of the invention, the report includes a secondary mailing report containing demographics information for at least a portion of the targeted group for purposes of generating additional direct mail items”, “[0049]… A Secondary Mailing Report 38 creates a mailing list for Providers for sending subsequent promotions. These further promotions may be for complementary goods or services based on past Items redeemed by the Recipient. Using the valuable information contained in these and other reports generated from previous mailings to similarly situated Recipients, some Recipients of a targeted group may receive more or less Items, or even different but related Items…”” Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include limitations as taught by Mattingly in the teaching of Briggman in view of Mitt, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. As per claim 11, Briggman discloses wherein the supplemental item content is embedded in the digital representation of the plurality of physical distribution items (paragraph 62-64). As per claim 12, Briggman discloses wherein the one or more processors are configured to receive the supplemental item content by receiving a first supplemental item content and a second supplemental item content. (paragraph 62-68). As per claim 13, Briggman does not disclose but Mitt discloses wherein the one or more processors are configured to: update the supplemental item content by determining, based on the interaction information, that the first supplemental item content has a higher interaction rate for recipients associated with a first characteristic (paragraph 20-21, 27, 29, 35 and claim 1)(please see claim 1 rejection for combination rationale). As per claim 14, Briggman does not disclose but Mitt discloses wherein updating the supplemental item content comprises determining, based on the interaction information, that the first supplemental item content has a higher interaction rate for recipients associated with a first characteristic (“[0031] When the "Delivery" tab is selected (see FIG. 9), the actual test cells and final markings are created and launched. Three options (Subject Option A 9:00 a.m., Subject Option B 9:00 a.m., and Subject Option A, 2:00 p.m.) have been depicted therein. This indicates that three test cells were completed and the "Final" communication sent. In the illustrated case, a random percent was taken of the global audience defined in FIG. 8 of the "Marketing Opt-In" audience. As shown, three different "subject" lines were tested at a different time of the day to determine the best performing subject line.” This tells the user that the subject option A was more successful and sending at 9 am was more successful than sending at 2 pm. Under BRI, “a first characteristic” reads on any distinguishing attribute of a recipient group corelated with a higher interaction rate, as taught by Mitt’s identification of time of day and subject line preferences) (“[0031] When the "Delivery" tab is selected (see FIG. 9), the actual test cells and final markings are created and launched. Three options (Subject Option A 9:00 a.m., Subject Option B 9:00 a.m., and Subject Option A, 2:00 p.m.) have been depicted therein. This indicates that three test cells were completed and the "Final" communication sent. In the illustrated case, a random percent was taken of the global audience defined in FIG. 8 of the "Marketing Opt-In" audience. As shown, three different "subject" lines were tested at a different time of the day to determine the best performing subject line.” This tells the user that the subject option A was more successful and sending at 9 am was more successful than sending at 2 pm. Under BRI, “a first characteristic” reads on any distinguishing attribute of a recipient group corelated with a higher interaction rate, as taught by Mitt’s identification of time of day and subject line preferences) (please see claim 1 rejection for combination rationale). However, Briggman in view of Mitt does not disclose but Mattingly discloses identify, in a customer preference database, recipients who are associated with the first characteristic and associated with the one or more campaign details (“Some recipients in the group may receive more or less items, or even different but related items based on demographics and other valuable information obtained in previous mailings to similarly situated recipients. Similarly, the invention may also generate secondary mailings to recipients based on past item redemptions. For example, if a recipient in a direct mailing which targets new residents redeems an item at a furniture store to purchase a baby's crib, the secondary mailing to that recipient may include direct mail items relating to baby formula, diapers, and the like.”; “After redemption of a direct mail item by a recipient, the ID code is read and electronically linked with the recipient's demographics information contained in the electronic database. A report is generated based on the direct mail items redeemed. The report may include a geographic map which plots respective locations of recipients, and/or a listing of receipts grouped into a plurality of demographics segments.”; “[0029] According to another preferred embodiment of the invention, the report includes a secondary mailing report containing demographics information for at least a portion of the targeted group for purposes of generating additional direct mail items.”)(please see claim 1 rejection for combination rationale). As per claim 15, Briggman does not disclose but Mitt discloses wherein the one or more processors are configured to update the supplemental item content by adding to the supplemental item content a feature associated with the first characteristic (paragraph 20-21, 27, 29 and 35, “Then, the attributes of the best performing test cell, as determined by the feedback and evaluation of the test cell results, are incorporated into the final mailing in block 48 which is part of the design portion of the system. Then, the mailing is previewed in block 32 and the system proceeds from there in the manner previously described.”, “[0005]…Similarly, it may be determined through the test messages that messages sent from an entity having a familiar or catchy name are more likely to be opened and/or answered. The final message can make use of the test feedback and make use of the familiar or catchy name in the final message to enhance the chance for a successful result.” Adding the feature (the familiar name, the winning subject line, or other winning attribute) associated with the first characteristic to the updated supplemental context) (please see claim 1 rejection for combination rationale). As per claim 16, Briggman discloses wherein the one or more processors are further configured to: store, in a recipient preference database, recipient preferences for each of the plurality of recipients; compare, for each of the plurality of recipients, recipient preferences in the recipient preference database with the one or more campaign details; and identify the first subset of the plurality of recipients based on the comparison of recipient preferences with the one or more campaign details (paragraph 61 and 65). As per claim 17, Briggman discloses a method for handling distribution items, the method comprising: receiving, from a sender, a plurality of recipients to which a plurality of physical distribution items are to be delivered (paragraph 42, 53, 58 and 66, “this information may be included in a manifest file. The information may include, for example, the number of mailings, the type of mailings, the postage, the name of the sender, the name of the recipients, and other personal information”); receiving, from the sender, a digital representation of a plurality of physical distribution items (paragraph 42, 58, “For example, information regarding incoming or outgoing mail pieces may be extracted from a manifest such as a mail.dat file, may be extracted based on scanning equipment which scans all incoming and outgoing mail pieces at a processing facility, or may be extracted based on mail-piece images generated using mail processing equipment with imaging capabilities. The imaging may include imaging a single side or face of mail pieces, or may include imaging multiple sides or faces of mail pieces. These images of the mail pieces may be processed to extract identifying information regarding the mail pieces by use of indicia such as an IMb. Mail pieces may include letters, flats, packages, or other mailed items.”); receiving from the sender, supplemental item content (paragraph 62-66, “Any supplemental content, such as offers ("ads"), may be provided as digital ride-a-longs for mail items that appear in their digital mailbox inbox.”); identifying one or more campaign details for the plurality of physical distribution items (paragraph 65, “The recipients of the supplemental offers may be selected by geographic region. For example, the ad sender may select specific zip codes or other geographic limitations near the sender's place of business for the advertisements to be sent. The sender may also select recipients based on other criteria, for example, specific preferences of recipients that should receive the advertisement. For example, if the sender is a sports store, the sender may request that the advertisements be mailed to a specific number of individuals who have indicated an interest in sports or specific sporting activities. In this case, the recipients may have updated a preferences section of their hybrid-digital mailboxes to indicate preferences, such as hobbies, likes and dislikes, interests, occupation, and other personal information and preferences.”); storing, in a recipient preference database, recipient preferences for each of the plurality of recipients (paragraph 61 and 65).; comparing, for each of the plurality of recipients, recipient preferences in the recipient preference database with the one or more campaign details (paragraph 61 and 65).; and identifying the first subset of the plurality of recipients based on the comparison of recipient preferences with the one or more campaign details (paragraph 61 and 65). Sorting, in the item processing equipment, a first subset of the plurality of physical distribution items to a first subset of the recipients (paragraph 62-67, 78, the mail is delivered to the chosen recipients) ; providing, in a user interface, the supplemental item content to the first subset of the plurality of recipients (paragraph 88, the supplemental content is given to the chosen recipient through the user interface). identifying a second set of recipients based on the recipient preferences and the one or more campaign details, wherein the second set of recipients are not included in the received plurality of recipients (paragraph 62-67, in addition to recipients being received from the sender in a manifest file, the recipients can also be selected separately based on demographics or zipcodes and merchants are able to segment and select the subsets based on the saved preferences of the users). delivering a second subset of the plurality of physical distribution items to the second set of recipients (paragraph 62-67 and 78, the physical items are delivered to the recipients segmented and chosen by the system based on the recipient preferences). providing, in the user interface, the updated supplemental item content to the second subset of recipients (paragraph 88, the supplemental contents is provided to users who receive digital representation of their mail via the user interface). However, Briggman does not disclose but Mittelstaedt, hereinafter “Mitt” discloses receiving, from the user interface, interaction information comprising interactions with the supplemental item content by the identified first subset of the plurality of recipients (paragraph 20-21, 27 and 35, feedback is received on the interaction of the recipients with the received supplemental content); Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include limitations as taught by Mitt in the teaching of Briggman, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. However, Briggman in view of Mitt does not disclose but Mattingly discloses identifying, in the recipient preference database, a second set of recipients based on the received interaction information for the first subset of the plurality of recipients, wherein the second subset of recipients are not included in the received plurality of recipients ([0029] According to another preferred embodiment of the invention, the report includes a secondary mailing report containing demographics information for at least a portion of the targeted group for purposes of generating additional direct mail items”, “[0049]… A Secondary Mailing Report 38 creates a mailing list for Providers for sending subsequent promotions. These further promotions may be for complementary goods or services based on past Items redeemed by the Recipient. Using the valuable information contained in these and other reports generated from previous mailings to similarly situated Recipients, some Recipients of a targeted group may receive more or less Items, or even different but related Items…”). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include limitations as taught by Mattingly in the teaching of Briggman in view of Mitt, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. As per claim 18, Briggman discloses wherein sorting, in the item processing equipment, the second subset of the plurality of physical distribution items comprises automatically rerouting the second subset of the plurality of physical distribution items to the second set of recipients in response to identifying the second plurality of recipients after the plurality of physical distribution items has been received in the item processing equipment (paragraph 62-67, 78, the sorting and delivery of physical mail is timed with the delivery of digital representation and supplemental mail. When a campaign is set, the physical mail is sorted and delivered to the recipients). As per claim 19, Briggman discloses receiving, interaction information regarding the interaction of the first subset of the plurality of recipients with the supplemental item content; and updating, in the recipient preference database, recipient preferences based on the received interaction information (paragraph 61-62, 67, For example, if a user receives a particular mail piece from a certain online retailer, and the user determines that there is continued interest in this online retailer, the user may select a "like" feature for the particular mail piece. Based on this feedback, the inbox may assign a high priority to similar mail received in the future…Any supplemental content, such as offers ("ads"), may be provided as digital ride-a-longs for mail items that appear in their digital mailbox inbox… When physical and electronic is selected, the supplemental physical mail may again be scanned when processed. However, in addition to notifying the recipient that physical mail is in transit, the system may, at this point, notify the recipient that supplemental electronic mail is in transit. The supplemental electronic mail may be an electronic version of the physical mail being sent to the recipient. Once the physical mail piece is processed at a postal service processing facility, information regarding the physical mail piece, such as a type of mail piece, and tracking information, may be provided to the hybrid-digital mailbox). As per claim 20, Briggman discloses comprising providing, to the sender, delivery information for the second set of recipients (paragraph 75-76, Based on the received information feeds, indicators may be provided in the outbox to inform a sender of the status of the mail sent. For example, the outbox may display progress bars depicting that the mail is in transit to a recipient, or has been delivered to the recipient.) Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR ZEROUAL whose telephone number is (571)272-7255. The examiner can normally be reached Flex schedule. 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, Kevin Flynn can be reached at 5712703108. 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. OMAR . ZEROUAL Examiner Art Unit 3628 /OMAR ZEROUAL/Primary Examiner, Art Unit 3629
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Prosecution Timeline

Dec 27, 2024
Application Filed
Nov 05, 2025
Non-Final Rejection mailed — §103
Mar 05, 2026
Response Filed
May 22, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
34%
Grant Probability
74%
With Interview (+39.9%)
3y 5m (~1y 10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 368 resolved cases by this examiner. Grant probability derived from career allowance rate.

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