DETAILED ACTION
Status of Claims
Claim 20 is currently amended.
Claims 1-20 are currently pending and have been examined.
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 .
Response to Arguments
Double Patenting Rejection
Applicant’s terminal disclaimer, filed 07/09/2026, with respect to the double patenting rejection have been fully considered and are persuasive. The double patenting rejection of 04/30/2026 has been withdrawn.
Claim Objection
Applicant’s arguments and amendments, filed 07/09/2026, with respect to the claim objection have been fully considered and are persuasive. The claim objection of 04/30/2026 has been withdrawn.
35 USC 103
Applicant's arguments filed 07/09/2026 with respect to the 35 USC 103 rejection have been fully considered but they are not persuasive. Ellison discloses the system provider device accessing the shopping application and retrieving shopping information from the customer device. See paragraph [0074]. Paragraph [0093] discloses customer devices, merchant devices, payment service provider device, account provider device, and/or system provider device including one or more processors, memories, and other appropriate components for executing instructions such as program code and/or data store on one or more computer readable mediums to implement the various applications. See also paragraph [0110] disclosing transmitting and receiving one or mor programs (i.e., application code) through the communication link. See also paragraph [0068] disclosing merchant device initiating request for customer information (e.g., not automatically given the customer information). See further paragraph [0111]. There is nothing to indicate that the application is already running on the merchant device or that the customer information is simply pushed to the merchant device. Rather, the shopping application is accessed in order to retrieve the shopping information of the customer device. Additionally, Wagner discloses a request to initiate the customer information application on the computing machine to cause the computing machine to initiate the customer information application and display the information associated with the customer. See at least paragraph [0003], [0011], [0334], [0353], and [0503]. Examiner notes that this is a 35 USC 103 rejection and Examiner has provided appropriate motivation as to the combination of Wagner and Ellison. For at least these reasons, Examiner maintains the previous 35 USC 103 rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner et al. (US 2016/0171486) in view of Ellison (US 2015/0026010).
Regarding Claims 1, 8, and 15, Wagner discloses A computer-implemented method of interfacing with an in-store server (server, 700, 708, 720, 718), wherein the in-store server interfaces with a computing machine that executes a customer information application (tag, [0014] unique identifier, [0332]), the computer-implemented method comprising:
With an electronic device, detecting a hardware transmitter via a signal including an identification of the hardware transmitter (See at least paragraph [0017] and [0031] disclosing the electronic device being capable of identifying a machine-identifiable tag which may comprise a qr code, rfid tag, nfc tag, and a transmission from a beacon such as a broadcast from a Bluetooth or Bluetooth low energy, or Bluetooth smart beacon, [0186]-[0187] disclosing the machine-identifiable tag may include reference to a resource which may be a URL so that the electronic device is capable of obtaining all the information needed to authenticate the device, and [0150]-[0152] & [0190]-[0191] disclosing data unique to the tag, [0232]-[0233] disclosing receiving, at an electronic device, identification information from a wireless beacon and sending, by the electronic device, an indication to a server that it has received the identification information, [0271] disclosing A unique identifier is associated with the beacon such as a UUID);
Receiving, at a back end server (server, 700) from an electronic device via a network connection, (i) an identification of a customer (delivery and customer financial data, [0014]), and (ii) the identification of a hardware transmitter (data unique to the tag, [0151], [0190]-[0191]), the electronic device sending the identification of the customer and the identification of the hardware transmitter in reposen to detecting the hardware transmitter (using a tag can initiate process, [0014][0351]);
Accessing, by the backend server forma database using the identification of the customer, information associated with the customer (information, [0351], previous orders reviewed [0551]); and
Transmitting, via the network connection, the information associated with the customer to the in-store server, the in-store server transmitting, to the computing machine, (i) the information associated with the customer, and ii) a request to initiate the customer information application on the computing machine to cause the computing machine to (a) initiate the customer information application, and (b) display the information associated with the customer (QR code reader application, [0003], dedicated application, [0011] [0334], exchange information between the first customer and the commerce platform [0351] [0353] database storing user data for lookup during transaction processing, [0503]).
Wagner does not expressly provide for the computing machine being within the brick-and mortar property for use in transmitting customer information/requests. However, Ellison discloses the computing machine being within the brick-and mortar property for use in transmitting customer information/requests (Ellison: Fig. 4a-d, Fig. 5, disclosing computing machine used by store employee, Fig. 7B, Abstract, paragraph [0027] disclosing merchant device in a physical location to help customer in store better shop).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Wagner with the purchase history information, as taught by Ellison, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability for merchant location to better help in store customers and help keep purchases made in stores with easy customer engagement. See Ellison at least paragraph [0027].
Regarding Claims 2, 9, and 16, Wagner and Ellison teach or suggest all of the limitations of claims 1, 8, and 15. Additionally, Wagner discloses wherein the network connection is a wide area network connection, and wherein receiving, at the backend server from the electronic device, the identification of the customer comprises: receiving, at the backend server from the electronic device via the wide area network connection, the identification of the customer; and wherein transmitting the information associated with the customer to the in-store server comprises: transmitting, via the wide area network connection, the information associated with the customer to the in-store server. (Wagner: wide area network, [0018] [0067] [0411]).
Regarding Claims 3, 10, and 17, Wagner and Ellison teach or suggest all of the limitations of claims 1, 8, and 15. Additionally, Wagner discloses wherein accessing the information associated with the customer comprises: accessing at least one of: a digital image depicting the customer, a name of the customer, an address of the customer, or a date of a past visit to the brick-and-mortar property. (Wagner: previous orders, [0551] address [0603])
Regarding Claims 4 and 11, Wagner and Ellison teach or suggest all of the limitations of claims 1 and 8. Additionally, Wagner discloses wherein accessing the information associated with the customer comprises: accessing information associated with an account of the customer (Wagner: linking accounts that can be recognized at the merchant locations while using the client device [0550], disclosing using account information regarding loyalty and rewards to help determine suitable coupons when their device is within range, [0574] & [0594]).
Regarding Claim 5, Wagner and Ellison teach or suggest all of the limitations of claim 1. Additionally, Wagner discloses wherein the electronic device detects the hardware transmitter via a personal area network. (Wagner: See at least paragraph disclosing use of Bluetooth to identify tags [0017] & [0031], [0252], wireless personal area network [0334] & [0345], [0557]).
Regarding Claim 6, Wagner and Ellison teach or suggest all of the limitations of claim 1. Additionally, Wagner discloses wherein the hardware transmitter is installed within the brick-and-mortar-property (See Wagner: paragraph [0345], [0557], [0564] each disclosing beacon to communicate with user’s mobile device at the brick and mortar retail establishment).
Regarding Claims 7, 13, and 19, Wagner and Ellison teach or suggest all of the limitations of claims 1, 8, and 15. Wagner discloses wherein the identification of the hardware transmitter is a unique alphanumeric identifier of the hardware transmitter (See at least paragraph [0186]-[0187] disclosing the machine-identifiable tag may include reference to a resource which may be a URL so that the electronic device is capable of obtaining all the information needed to authenticate the device, and [0150]-[0152] & [0190]-[0191] disclosing data unique to the tag, [0232]-[0233] disclosing receiving, at an electronic device, identification information from a wireless beacon and sending, by the electronic device, an indication to a server that it has received the identification information, [0271] disclosing A unique identifier is associated with the beacon such as a UUID);
Regarding Claims 12 and 18, Wagner and Ellison teach or suggest all of the limitations of claims 8 and 15. Wagner discloses receiving a purchase history (See at least paragraph [0005]). However, Wagner does not expressly provide for wherein the processor further receives a purchase history for the customer in a location of the brick-and-mortal property associated with the hardware transmitter.
Ellison discloses wherein the processor further receives a purchase history for the customer in a location of the brick-and-mortal property associated with the hardware transmitter (See at least paragraph [0050]-[0054] disclosing purchase history including purchases of product made at the merchant physical location vs. other physical locations, online, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Wagner with the purchase history information, as taught by Ellison, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability for merchant location to better determine product recommendations related to recent purchases. See at least Ellison paragraph [0050]-[0054], [0059].
Regarding Claim 14, Wagner and Ellison teach or suggest all of the limitations of claim 8. Wagner does not expressly provide for wherein the information associated with the customer comprises a date of a past visit to the brick and mortar property.
However, Ellison discloses wherein the information associated with the customer comprises a date of a past visit to the brick and mortar property (See at least Abstract, paragraph [0043] disclosing timing data in database associated with customer, [0044] disclosing time data tracked regarding customer at merchant physical location, [0060], [0083] disclosing time of purchase, [0087] disclosing date customer viewed product at merchant physical location, Fig. 7B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Wagner with the date history information, as taught by Ellison, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability for merchant location to better determine product recommendations related to recent purchases/products viewed. See at least Ellison paragraph [0050]-[0054], [0059], [0087].
Regarding Claim 20, Wagner and Ellison teach or suggest all of the limitations of claim 15. Additionally, Wagner discloses wherein receiving the information associated with the customer comprises receiving, by the in-store server from the backend server via the network connection, a digital image depicting the customer or a name of the customer (See at least paragraph [0434] disclosing receiving personal information such as name and image of the user, [0521]).
Conclusion
THIS ACTION IS MADE FINAL. 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 BRITTANY E BARGEON whose telephone number is (571)272-2861. The examiner can normally be reached Monday-Friday 9:00am to 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marissa Thein can be reached at (571) 272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.E.B/Examiner, Art Unit 3688
/KELLY S. CAMPEN/Primary Examiner, Art Unit 3691
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