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 Claims
This office action is in response to the amendment filed on 6/3/2026.
Claims 93, 94, 98-102, 105, 107, 114, 115, 117, 119, 121, 122, 124-132.
Claims 93-102, 105, 107, and 114-132 are pending and have been examined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 100 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 100 recites “the advertisement.” There has been no prior introduction to “an advertisement” in the claim or claim 93 from which it depends. Claim 99 recites “an advertisement.” Therefore, it is unclear as to whether claim 100 is meant to depend from claim 99 or if this is an antecedent basis issue and should merely be “an advertisement.” It seems most likely that claim 100 is meant to depend from claim 99 and will be treated as such for purposes of examination.
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 93-102, 105, 107, and 114-132 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 93-101, and 114-132 are directed to a method. Claims 102, 105, and 107 are directed to a tangible, non-transitory computer-readable medium. Thus, on their face they fall within the four statutory categories of patentable subject matter.
Step 2A prong 1:
Claims 93 and 102 recite virtually identical limitations. Claim 93 will be used as representative. Each claims additional elements will be addressed individually. The following limitations, when considered individually and as an ordered combination, are merely descriptive of abstract concepts:
Claims 93, 102:
receiving, from a first party, identities of a second party and an action taken by the second party;
identifying to a third party that is related to the second party;
determining that the third party is eligible for a reward from a fourth party due to the second party having taken the action; and
notifying the fourth party that the third party is eligible for the reward.
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
94. further comprising recording the action performed by the second party in a data store that is independent of the first party and the fourth party.
95. wherein taking the action includes purchasing a physical asset or a digital asset.
96. wherein taking the action includes taking the action relative to a physical asset or a digital asset.
97. wherein associating the reward includes associating a physical asset or a digital asset.
98. further comprising: receiving, from the fourth party, an identification of the action; and receiving, from the first party, an identification of the reward.
99. further comprising generating an advertisement that the reward is available for the second party taking action; and providing the advertisement to the fourth party to present to the third party;
100. wherein providing the advertisement includes providing, to the fourth party, a advertisement message having identifier codes that associate the second party with the third party.
101. further comprising associating the reward with the taking of the action in response to a promotion by the first party or the fourth party.
105. advertise to the second party or the third party an association of the reward with the action.
107. track rewards for the third party.
114. wherein the first party or the fourth party includes a merchant.
115. wherein the first party or the fourth party includes a gaming- platform host.
116. wherein the second party includes a consumer.
117. wherein the third party includes a gamer.
118. wherein the reward includes a physical asset or a digital asset.
119. wherein the second party and the third party can be a same party.
120. further comprising tracking reward eligibility across multiple parties.
121. receiving, for at least one physical asset or for at least one digital asset, first information regarding physical-asset inventory levels, digital-asset rarity, physical-asset price, digital-asset price, physical-asset purchase history, or digital-asset purchase history;
receiving, for the second party or the third party, second information regarding behavior of the second party related to the first party or the fourth party, behavior of the third party related to the first party or the fourth party, engagement of the second party related to the first party or the fourth party, or engagement of the third party related to the first party or the fourth party;
calculating, in response to the received first and second information, third information received from services or providers external, and at least one characteristic of the second party or the third party relative to the first party or to the fourth party, a respective score for each of at least one combination of at least one physical asset and at least one digital asset; and
selecting, in response to the one or more calculated scores, one or more of the at least one combination for including in an advertisement.
122. further comprising recalculating, in response to changes in received information, to changes in information received from services or providers, and changes to at least one characteristic of the second party or the third party relative to the first party or to the fourth party, the scores and combinations used in an advertisement to remove or modify an active advertisement.
123. wherein the second party taking the action includes the second party purchasing a physical asset or a digital asset.
124. further comprising advertising to the second party or to the third party an association of the reward with the action.
125. further comprising associating the reward with the action in response to a promotion by the first party or the fourth party.
126. further comprising tracking rewards for the third party.
127. further comprising linking reward issuance to metrics relative to engagement of the second party or the third party with the first party or the fourth party.
128. further comprising verifying reward eligibility of the second party or the third party in response to criteria established by the first party or the fourth party.
129. further comprising notifying the first party or the fourth party of reward eligibility or reward issuance to the third party.
130. further comprising receiving notification from the first party or the fourth party of reward delivery to the third party.
131. further comprising: determining, in response to the second party taking the action satisfying at least one condition of a promotion run by the first party or the fourth party, that the third party is eligible for the reward; and notify the second party or the third party that the third party is eligible for the reward.
132. further comprising: determining that the third party has no access to the reward; and providing the third party with access to the first party or the fourth party to receive the reward.
The claims provide a manner of associating a reward available from a first party (i.e. merchant or game platform), with an action taken by a second party (i.e. consumer) and related to a third party (i.e. gamer), associating the second party with a third party (i.e. consumer with gamer), and notifying the fourth party (merchant or game platform) that the third party is eligible for the reward. Thus, when considered individually and as an ordered combination, the claims embody certain methods of organizing human activity. Specifically, such activity is in the form of commercial interactions (in the form of advertising, marketing or sales activities or behaviors).
Step 2A prong 2: This judicial exception is not integrated into a practical application. The claims recite the following additional elements: computing/computer circuit of a first party (claim 93, 102); interfacing computing circuit (claim 93); computing circuit of the fourth party (claim 93, 102); database (claim 94); digitally encoded advertisement message (claim 100); tangible non-transitory computer-readable medium storing instructions (claim 102 105, 107);
The computing/computer circuit of a first party, interfacing computing circuit, computing circuit of the fourth party, database, tangible non-transitory computer-readable medium storing instructions are recited at a high level of generality and merely “apply it” (the abstract idea) using generic computing components (spec. [0026], [0128]-[0138]). The generic computing devices merely represent the various parties and are used to send and receive data (receiving. notifying) and process data (identifying, determining). Nothing in the claims improves technology or a technical field (See MPEP 2106.05(f)).
The digitally encoded advertisement message merely provides a general link to a particular technological environment or field of use (i.e. digital environment). The advertisement is merely digital as opposed to paper or any other medium. Nothing in the claims improve digital advertisement technology or technical field (See MPEP 2106.05(h)).
Accordingly, when considered both individually and as an ordered combination, the additional elements do not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Similarly, as above with regard to practical application, the additional elements when considered both individually and as an ordered combination, do not provide an inventive concept as they merely provide generic computing components used as a tool to implement the abstract idea and provide a general link to a particular technological environment or field of use (i.e. digital).
As a result, the claims are not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 93, 95-97, 101, 102, 105, 107, 114-120, and 123-131 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Auterio et al (US 8,282,491)
As per claim 93:
Auterio teaches:
A method performed by an interfacing computing circuit, the method comprising:
receiving, from a computing circuit of a first party separate from the interfacing computing circuit, identities of a second party and an action taken by the second party; (Examiner’s Comment: The examiner interprets the first party to be the merchant and associated location system. [C2L58-63] Location system 120a (first party) is a network addressable computing system that can receive, store, and transmit location attribute data, action verification data, and other data associated with location 115 and verification system 118. [C6L22-31] In some embodiments, a distributor or manufacturer (first party) of an item can incentivize users of an online game to purchase the item from a location. For example, the distributor or manufacturer of a specific soft drink may offer an in-game incentive for purchasing a can of the soft drink from any location. While this disclosure generally discusses location-based actions with respect to a location, the embodiments disclosed herein are also applicable to location-based actions with respect to a distributor or manufacturer of an item, unless context suggests otherwise. [C18L14-40] In various embodiments, location 115 can have one or more verification systems 118 (middleman) that can verify when a user has performed one or more location-based actions. Verification system 118 can generate, store, and transmit action verification data, which is data comprising information on one or more users and one or more location-based actions associated with the users. Action verification data can be transmitted to location system 120a, game system 120b, or client system 130, either directly or via network 160. In some embodiments, the action verification data can be generated by another system, such as client system 130, game system 120b, or location system 120a. Action verification data can include a variety of information regarding a location-based action, including information indicating: the user; the location-based action; if the action was performed by the user; when the location-based action was performed; where the location-based action was performed; how the location-based action was performed; and other information related to the location-based action. [C18L41-50] In some embodiments, if the location-based action is purchasing an item at location 115, verification system 118 can verify the purchase using a variety of methods. When a user purchases an item at location 115, location system 120a may collect purchase information from the user, including the user's name, credit card number, billing address, shipping address, email address, etc. For example, if User 101 visits a store and purchases an item with a credit card, location system 120a could use the information contained on the credit card to identify the User 101. [C20L27-35] In various embodiments, location system 320a or game system 320b can receive a message verifying that a user performed a proposed location-based action. For example, game system 320b can receive the message in a digital form transmitted over a network. In some embodiments, the message verifying that a user performed a location-based action could have been transmitted by location 115 or location system 320a to game system 320b through the use of verification system 118.)
identifying a third party related to the second party ([C4L62-C5L3] In some embodiments, location system 120a can identify a user (second party) when the user purchases an item at location 115. When a user purchases an item at location 115, location system 120a may collect purchase information from the user, including the user's name, credit card number, billing address, shipping address, email address, etc. For example, if User 101 visits a store and purchases an item with a credit card, location system 120a could use the information contained on the credit card to identify User 101 (third party).)
determining that the third party is eligible for a reward from a fourth party due to the second party having taken the action; and ([C6L3-21] A user of an online game hosted by game system 120b (fourth party) can also be a user of location 115. Location operators may find it desirable to provide some type of incentive to encourage these users to perform one or more location-based actions. Some users may be incentivized to perform certain location-based actions when offered an in-game asset for an online game. As used herein, an incentive reward is an in-game asset in an online game that is offered to a user of the online game for completing one or more location-based actions. For example, the incentive reward could be a specific in-game asset (e.g., a Sword of Destruction +5) that provides a particular in-game benefit (e.g., increasing a player character's ability to defeat in-game opponents). As used herein, a location-based action is a type of action that can be performed at one or more locations by a user of an online game, wherein the action is proposed to the user as part of an offer for an incentive reward. For example, a location-based action could be entering, visiting, using, purchasing, or performing some other action at location 115. [C17L 50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. [C20L27-35] In various embodiments, location system 320a or game system 320b can receive a message verifying that a user performed a proposed location-based action. For example, game system 320b can receive the message in a digital form transmitted over a network. In some embodiments, the message verifying that a user performed a location-based action could have been transmitted by location 115 or location system 320a to game system 320b through the use of verification system 118.)
notifying a computing circuit of the fourth party separate from the interfacing computing circuit that the third party is eligible for the reward. ([C17L 50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. [C20L27-35] In various embodiments, location system 320a or game system 320b can receive a message verifying that a user performed a proposed location-based action. For example, game system 320b can receive the message in a digital form transmitted over a network. In some embodiments, the message verifying that a user performed a location-based action could have been transmitted by location 115 or location system 320a to game system 320b through the use of verification system 118.)
Auterio teaches the limitations of claim 93. As per claim 95:
Auterio further teaches:
wherein taking the action includes purchasing a physical asset or a digital asset ([C1L59-62] As used herein, a user is a player of an online computer game. Additionally, as used herein, an item can include a good or service offered by a location operator. Similarly, as used herein, a purchase (or order) can include buying, renting, or licensing an item from a location operator. [C9L22-34] For example, the incentive reward for purchasing a toaster from a particular appliance store might be a virtual toaster in Zynga YoVille. In one embodiment, the incentive reward may improve based on the price of the item. For example, the incentive reward for a $50 boombox may be $5000 in virtual poker chips in Zynga Poker, but the incentive reward for a $1000 home stereo system may be $200,000 in virtual poker chips. See also [C10L51-C11L18)
Auterio teaches the limitations of claim 93. As per claim 96:
Auterio further teaches:
wherein taking the action includes taking the action relative to a physical asset or a digital asset. ([C1L59-62] As used herein, a user is a player of an online computer game. Additionally, as used herein, an item can include a good or service offered by a location operator. Similarly, as used herein, a purchase (or order) can include buying, renting, or licensing an item from a location operator. [C9L22-34] For example, the incentive reward for purchasing a toaster from a particular appliance store might be a virtual toaster in Zynga YoVille. In one embodiment, the incentive reward may improve based on the price of the item. For example, the incentive reward for a $50 boombox may be $5000 in virtual poker chips in Zynga Poker, but the incentive reward for a $1000 home stereo system may be $200,000 in virtual poker chips. See also [C10L51-C11L18)
Auterio teaches the limitations of claim 93. As per claim 97:
Auterio further teaches:
wherein associating the reward includes associating a physical asset or a digital asset. ([C1L59-62] As used herein, a user is a player of an online computer game. Additionally, as used herein, an item can include a good or service offered by a location operator. Similarly, as used herein, a purchase (or order) can include buying, renting, or licensing an item from a location operator. [C9L22-34] For example, the incentive reward for purchasing a toaster from a particular appliance store might be a virtual toaster in Zynga YoVille. In one embodiment, the incentive reward may improve based on the price of the item. For example, the incentive reward for a $50 boombox may be $5000 in virtual poker chips in Zynga Poker, but the incentive reward for a $1000 home stereo system may be $200,000 in virtual poker chips. See also [C10L51-C11L18)
Auterio teaches the limitations of claim 93. As per claim 101:
Auterio further teaches:
further comprising associating the reward with the taking of the action in response to a promotion by the first party or the fourth party. ([C6L22-32] In some embodiments, a distributor or manufacturer of an item can incentivize users of an online game to purchase the item from a location. For example, the distributor or manufacturer of a specific soft drink may offer an in-game incentive for purchasing a can of the soft drink from any location. While this disclosure generally discusses location-based actions with respect to a location, the embodiments disclosed herein are also applicable to location-based actions with respect to a distributor or manufacturer of an item, unless context suggests otherwise.)
As per claim 102:
Auterio teaches:
A tangible, non-transitory computer-readable medium storing instructions that, when executed by an interface computer circuit, cause the interface computer circuit to ([C23L34-57]):
receive, from a computing circuit of a first party separate from the interface computer circuit, identities of a second party and an action taken by the second party; (Examiner’s Comment: The examiner interprets the first party to be the merchant and associated location system. [C2L58-63] Location system 120a (first party) is a network addressable computing system that can receive, store, and transmit location attribute data, action verification data, and other data associated with location 115 and verification system 118. [C6L22-31] In some embodiments, a distributor or manufacturer (first party) of an item can incentivize users of an online game to purchase the item from a location. For example, the distributor or manufacturer of a specific soft drink may offer an in-game incentive for purchasing a can of the soft drink from any location. While this disclosure generally discusses location-based actions with respect to a location, the embodiments disclosed herein are also applicable to location-based actions with respect to a distributor or manufacturer of an item, unless context suggests otherwise. [C18L14-40] In various embodiments, location 115 can have one or more verification systems 118 (middleman) that can verify when a user has performed one or more location-based actions. Verification system 118 can generate, store, and transmit action verification data, which is data comprising information on one or more users and one or more location-based actions associated with the users. Action verification data can be transmitted to location system 120a, game system 120b, or client system 130, either directly or via network 160. In some embodiments, the action verification data can be generated by another system, such as client system 130, game system 120b, or location system 120a. Action verification data can include a variety of information regarding a location-based action, including information indicating: the user; the location-based action; if the action was performed by the user; when the location-based action was performed; where the location-based action was performed; how the location-based action was performed; and other information related to the location-based action. [C18L41-50] In some embodiments, if the location-based action is purchasing an item at location 115, verification system 118 can verify the purchase using a variety of methods. When a user purchases an item at location 115, location system 120a may collect purchase information from the user, including the user's name, credit card number, billing address, shipping address, email address, etc. For example, if User 101 visits a store and purchases an item with a credit card, location system 120a could use the information contained on the credit card to identify the User 101. [C20L27-35] In various embodiments, location system 320a or game system 320b can receive a message verifying that a user performed a proposed location-based action. For example, game system 320b can receive the message in a digital form transmitted over a network. In some embodiments, the message verifying that a user performed a location-based action could have been transmitted by location 115 or location system 320a to game system 320b through the use of verification system 118.)
identify a third party related to the second party ([C4L62-C5L3] In some embodiments, location system 120a can identify a user (second party) when the user purchases an item at location 115. When a user purchases an item at location 115, location system 120a may collect purchase information from the user, including the user's name, credit card number, billing address, shipping address, email address, etc. For example, if User 101 visits a store and purchases an item with a credit card, location system 120a could use the information contained on the credit card to identify User 101 (third party).)
determine that the third party is eligible for a reward from a fourth party due to action taken by the second party; and ([C6L3-21] A user of an online game hosted by game system 120b (fourth party) can also be a user of location 115. Location operators may find it desirable to provide some type of incentive to encourage these users to perform one or more location-based actions. Some users may be incentivized to perform certain location-based actions when offered an in-game asset for an online game. As used herein, an incentive reward is an in-game asset in an online game that is offered to a user of the online game for completing one or more location-based actions. For example, the incentive reward could be a specific in-game asset (e.g., a Sword of Destruction +5) that provides a particular in-game benefit (e.g., increasing a player character's ability to defeat in-game opponents). As used herein, a location-based action is a type of action that can be performed at one or more locations by a user of an online game, wherein the action is proposed to the user as part of an offer for an incentive reward. For example, a location-based action could be entering, visiting, using, purchasing, or performing some other action at location 115. [C17L 50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. [C20L27-35] In various embodiments, location system 320a or game system 320b can receive a message verifying that a user performed a proposed location-based action. For example, game system 320b can receive the message in a digital form transmitted over a network. In some embodiments, the message verifying that a user performed a location-based action could have been transmitted by location 115 or location system 320a to game system 320b through the use of verification system 118.)
notify a computing circuit of the fourth party separate from the interfacing computing circuit that the third party is eligible to receive the reward. ([C17L 50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. [C20L27-35] In various embodiments, location system 320a or game system 320b can receive a message verifying that a user performed a proposed location-based action. For example, game system 320b can receive the message in a digital form transmitted over a network. In some embodiments, the message verifying that a user performed a location-based action could have been transmitted by location 115 or location system 320a to game system 320b through the use of verification system 118.)
Auterio teaches the limitations of claim 102. As per claim 105:
Auterio further teaches:
wherein the instructions, when executed by the computer circuit, cause the computer circuit to advertise to the second party or the third party an association of the reward with the action. ([C17L1-44] An appropriate incentive reward and location-based action can be determined in a variety of ways. Once an appropriate incentive reward and location-based action have been determined, game system 120b can respond to the call from client system 130 with content that includes details of the incentive reward and the location-based action to be displayed on the browser client of client system 130. The incentive reward offer may be rendered, for example, in a discrete section of the online game interface viewed by User 101. The offer can include a variety of information about the incentive reward and location-based action, including a description of the in-game reward, an image, a description of the location and the action to be performed, and other details, as instructed by the script and other content transmitted in the response received from game system 120b.)
Auterio teaches the limitations of claim 102. As per claim 107:
Auterio further teaches:
wherein the instructions, when executed by the computer circuit, cause the computer circuit to track rewards for the third party. ([C9L61-C10L6] In some embodiments, the incentive offer search system can consider the location-based action history of players of one or more online games at the location to determine an appropriate incentive reward. This can include the type of location-based actions, proposed location-based actions, performed location-based actions, and other information regarding location-based actions associated with the location. For example, if some users often fail to perform a certain location-based action when offered an incentive reward of $10,000 in virtual poker chips in Zynga Poker, the incentive offer search system may determine an incentive reward of $30,000 in virtual poker chips is an appropriate incentive reward to incentivize performance of this location-based action.)
Auterio teaches the limitations of claim 93. As per claim 114:
Auterio further teaches:
wherein the first party or the fourth party includes a merchant. ([C6L2231] In some embodiments, a distributor or manufacturer of an item can incentivize users of an online game to purchase the item from a location. For example, the distributor or manufacturer of a specific soft drink may offer an in-game incentive for purchasing a can of the soft drink from any location.)
Auterio teaches the limitations of claim 93. As per claim 115:
Auterio further teaches:
wherein the first party or the fourth party includes a gaming- platform host. ([C6L3-21] A user of an online game hosted by game system 120b can also be a user of location 115. Location operators may find it desirable to provide some type of incentive to encourage these users to perform one or more location-based actions. Some users may be incentivized to perform certain location-based actions when offered an in-game asset for an online game. As used herein, an incentive reward is an in-game asset in an online game that is offered to a user of the online game for completing one or more location-based actions. For example, the incentive reward could be a specific in-game asset (e.g., a Sword of Destruction +5) that provides a particular in-game benefit (e.g., increasing a player character's ability to defeat in-game opponents). As used herein, a location-based action is a type of action that can be performed at one or more locations by a user of an online game, wherein the action is proposed to the user as part of an offer for an incentive reward. For example, a location-based action could be entering, visiting, using, purchasing, or performing some other action at location 115.)
Auterio teaches the limitations of claim 93. As per claim 116:
Auterio further teaches:
wherein the second party includes a consumer. ([C6L2231] In some embodiments, a distributor or manufacturer of an item can incentivize users of an online game to purchase the item from a location. For example, the distributor or manufacturer of a specific soft drink may offer an in-game incentive for purchasing a can of the soft drink from any location.)
Auterio teaches the limitations of claim 93. As per claim 117:
Auterio further teaches:
wherein the third party includes a gamer. ([C4L62-C5L3] In some embodiments, location system 120a can identify a user when the user purchases an item at location 115. When a user purchases an item at location 115, location system 120a may collect purchase information from the user, including the user's name, credit card number, billing address, shipping address, email address, etc. For example, if User 101 visits a store and purchases an item with a credit card, location system 120a could use the information contained on the credit card to identify User 101. [C5L52-61] In some embodiments, while identifying a user, location system 120a may also collect information related to one or more game accounts associated with the user, including any unique game account identifiers assigned to the user. [C7L1-4] For example, User 101 might be offered an incentive reward of $20,000 in virtual poker chips for purchasing a lawnmower at location 115, and this same incentive reward would be offered to all other users.)
Auterio teaches the limitations of claim 93. As per claim 118:
Auterio further teaches:
wherein the reward includes a physical asset or a digital asset. ([C6L3-21] As used herein, an incentive reward is an in-game asset in an online game that is offered to a user of the online game for completing one or more location-based actions. For example, the incentive reward could be a specific in-game asset (e.g., a Sword of Destruction +5) that provides a particular in-game benefit (e.g., increasing a player character's ability to defeat in-game opponents).)
Auterio teaches the limitations of claim 93. As per claim 119:
Auterio further teaches:
wherein the second party and the third party can be a same party. ([C4L62-C5L3] In some embodiments, location system 120a can identify a user when the user purchases an item at location 115. When a user purchases an item at location 115, location system 120a may collect purchase information from the user, including the user's name, credit card number, billing address, shipping address, email address, etc. For example, if User 101 visits a store and purchases an item with a credit card, location system 120a could use the information contained on the credit card to identify User 101. - The user making the purchase receives the reward in their game account.)
Auterio teaches the limitations of claim 93. As per claim 120:
Auterio further teaches:
further comprising tracking reward eligibility across multiple parties. (Fig. 4, element 430 – multiple client devices thus supporting multiple parties. [C6L2-21] A user of an online game hosted by game system 120b can also be a user of location 115. Location operators may find it desirable to provide some type of incentive to encourage these users to perform one or more location-based actions. Some users may be incentivized to perform certain location-based actions when offered an in-game asset for an online game. – plural recitation of “users” implies replication across multiple individuals) Further, in in re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), the courts held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. As merely repeating the process for multiple users does not present any new or unexpected result, the limitation has little to no patentable weight.)
Auterio teaches the limitations of claim 93. As per claim 123:
Auterio further teaches:
wherein the second party taking the action includes the second party purchasing a physical asset or a digital asset. ([C1L59-62] As used herein, a user is a player of an online computer game. Additionally, as used herein, an item can include a good or service offered by a location operator. Similarly, as used herein, a purchase (or order) can include buying, renting, or licensing an item from a location operator. [C9L22-34] For example, the incentive reward for purchasing a toaster from a particular appliance store might be a virtual toaster in Zynga YoVille. In one embodiment, the incentive reward may improve based on the price of the item. For example, the incentive reward for a $50 boombox may be $5000 in virtual poker chips in Zynga Poker, but the incentive reward for a $1000 home stereo system may be $200,000 in virtual poker chips. See also [C10L51-C11L18)
Auterio teaches the limitations of claim 93. As per claim 124:
Auterio further teaches:
further comprising advertising to the second party or to the third party an association of the reward with the action. ([C17L1-44] An appropriate incentive reward and location-based action can be determined in a variety of ways. Once an appropriate incentive reward and location-based action have been determined, game system 120b can respond to the call from client system 130 with content that includes details of the incentive reward and the location-based action to be displayed on the browser client of client system 130. The incentive reward offer may be rendered, for example, in a discrete section of the online game interface viewed by User 101. The offer can include a variety of information about the incentive reward and location-based action, including a description of the in-game reward, an image, a description of the location and the action to be performed, and other details, as instructed by the script and other content transmitted in the response received from game system 120b.)
Auterio teaches the limitations of claim 93. As per claim 125:
Auterio further teaches:
further comprising associating the reward with the action in response to a promotion by the first party or the fourth party. ([C6L3-21] A user of an online game hosted by game system 120b can also be a user of location 115. Location operators may find it desirable to provide some type of incentive to encourage these users to perform one or more location-based actions. Some users may be incentivized to perform certain location-based actions when offered an in-game asset for an online game. As used herein, an incentive reward is an in-game asset in an online game that is offered to a user of the online game for completing one or more location-based actions. For example, the incentive reward could be a specific in-game asset (e.g., a Sword of Destruction +5) that provides a particular in-game benefit (e.g., increasing a player character's ability to defeat in-game opponents). As used herein, a location-based action is a type of action that can be performed at one or more locations by a user of an online game, wherein the action is proposed to the user as part of an offer for an incentive reward. For example, a location-based action could be entering, visiting, using, purchasing, or performing some other action at location 115. [C17L1-44] An appropriate incentive reward and location-based action can be determined in a variety of ways. Once an appropriate incentive reward and location-based action have been determined, game system 120b can respond to the call from client system 130 with content that includes details of the incentive reward and the location-based action to be displayed on the browser client of client system 130. The incentive reward offer may be rendered, for example, in a discrete section of the online game interface viewed by User 101. The offer can include a variety of information about the incentive reward and location-based action, including a description of the in-game reward, an image, a description of the location and the action to be performed, and other details, as instructed by the script and other content transmitted in the response received from game system 120b.)
Auterio teaches the limitations of claim 93. As per claim 126:
Auterio further teaches:
further comprising tracking rewards for the third party. ([C6L3-21] A user of an online game hosted by game system 120b can also be a user of location 115. Location operators may find it desirable to provide some type of incentive to encourage these users to perform one or more location-based actions. Some users may be incentivized to perform certain location-based actions when offered an in-game asset for an online game. As used herein, an incentive reward is an in-game asset in an online game that is offered to a user of the online game for completing one or more location-based actions. For example, the incentive reward could be a specific in-game asset (e.g., a Sword of Destruction +5) that provides a particular in-game benefit (e.g., increasing a player character's ability to defeat in-game opponents). As used herein, a location-based action is a type of action that can be performed at one or more locations by a user of an online game, wherein the action is proposed to the user as part of an offer for an incentive reward. For example, a location-based action could be entering, visiting, using, purchasing, or performing some other action at location 115. [C9L61-C10L6] In some embodiments, the incentive offer search system can consider the location-based action history of players of one or more online games at the location to determine an appropriate incentive reward. This can include the type of location-based actions, proposed location-based actions, performed location-based actions, and other information regarding location-based actions associated with the location. For example, if some users often fail to perform a certain location-based action when offered an incentive reward of $10,000 in virtual poker chips in Zynga Poker, the incentive offer search system may determine an incentive reward of $30,000 in virtual poker chips is an appropriate incentive reward to incentivize performance of this location-based action.)
Auterio teaches the limitations of claim 93. As per claim 127:
Auterio further teaches:
further comprising linking reward issuance to metrics relative to engagement of the second party or the third party with the first party or the fourth party. ([C6L3-21] A user of an online game hosted by game system 120b can also be a user of location 115. Location operators may find it desirable to provide some type of incentive to encourage these users to perform one or more location-based actions. Some users may be incentivized to perform certain location-based actions when offered an in-game asset for an online game. As used herein, an incentive reward is an in-game asset in an online game that is offered to a user of the online game for completing one or more location-based actions. For example, the incentive reward could be a specific in-game asset (e.g., a Sword of Destruction +5) that provides a particular in-game benefit (e.g., increasing a player character's ability to defeat in-game opponents). As used herein, a location-based action is a type of action that can be performed at one or more locations by a user of an online game, wherein the action is proposed to the user as part of an offer for an incentive reward. For example, a location-based action could be entering, visiting, using, purchasing, or performing some other action at location 115. [C9L61-C10L6] In some embodiments, the incentive offer search system can consider the location-based action history of players of one or more online games at the location to determine an appropriate incentive reward. This can include the type of location-based actions, proposed location-based actions, performed location-based actions, and other information regarding location-based actions associated with the location. For example, if some users often fail to perform a certain location-based action when offered an incentive reward of $10,000 in virtual poker chips in Zynga Poker, the incentive offer search system may determine an incentive reward of $30,000 in virtual poker chips is an appropriate incentive reward to incentivize performance of this location-based action.)
Auterio teaches the limitations of claim 93. As per claim 128:
Auterio further teaches:
further comprising verifying reward eligibility of the second party or the third party in response to criteria established by the first party or the fourth party. ([C18L14-40] In various embodiments, location 115 can have one or more verification systems 118 that can verify when a user has performed one or more location-based actions. Verification system 118 can verify performance of a location-based action using a variety of methods. Verification system 118 can generate, store, and transmit action verification data, which is data comprising information on one or more users and one or more location-based actions associated with the users. Action verification data can be transmitted to location system 120a, game system 120b, or client system 130, either directly or via network 160. In some embodiments, the action verification data can be generated by another system, such as client system 130, game system 120b, or location system 120a. This disclosure assumes that the action verification data is generated by verification system 118 and transmitted to location system 120a, however this is not intended to be limiting. Action verification data can include a variety of information regarding a location-based action, including information indicating: the user; the location-based action; if the action was performed by the user; when the location-based action was performed; where the location-based action was performed; how the location-based action was performed; and other information related to the location-based action. The methods described below are not intended to be limiting, and one of ordinary skill in the art would recognize that other methods can be used to verify performance of a location-based action.)
Auterio teaches the limitations of claim 93. As per claim 129:
Auterio further teaches:
further comprising notifying the first party or the fourth party of reward eligibility or reward issuance to the third party. ([C17L50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. ([C18L14-40] In various embodiments, location 115 can have one or more verification systems 118 that can verify when a user has performed one or more location-based actions. Verification system 118 can verify performance of a location-based action using a variety of methods. Verification system 118 can generate, store, and transmit action verification data, which is data comprising information on one or more users and one or more location-based actions associated with the users. Action verification data can be transmitted to location system 120a, game system 120b, or client system 130, either directly or via network 160. In some embodiments, the action verification data can be generated by another system, such as client system 130, game system 120b, or location system 120a. This disclosure assumes that the action verification data is generated by verification system 118 and transmitted to location system 120a, however this is not intended to be limiting. Action verification data can include a variety of information regarding a location-based action, including information indicating: the user; the location-based action; if the action was performed by the user; when the location-based action was performed; where the location-based action was performed; how the location-based action was performed; and other information related to the location-based action. The methods described below are not intended to be limiting, and one of ordinary skill in the art would recognize that other methods can be used to verify performance of a location-based action.)
Auterio teaches the limitations of claim 93. As per claim 130:
Auterio further teaches:
further comprising receiving notification from the first party or the fourth party of reward delivery to the third party. ([C17L50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. [C18L14-40] In various embodiments, location 115 can have one or more verification systems 118 that can verify when a user has performed one or more location-based actions. Verification system 118 can verify performance of a location-based action using a variety of methods. Verification system 118 can generate, store, and transmit action verification data, which is data comprising information on one or more users and one or more location-based actions associated with the users. Action verification data can be transmitted to location system 120a, game system 120b, or client system 130, either directly or via network 160. In some embodiments, the action verification data can be generated by another system, such as client system 130, game system 120b, or location system 120a. This disclosure assumes that the action verification data is generated by verification system 118 and transmitted to location system 120a, however this is not intended to be limiting. Action verification data can include a variety of information regarding a location-based action, including information indicating: the user; the location-based action; if the action was performed by the user; when the location-based action was performed; where the location-based action was performed; how the location-based action was performed; and other information related to the location-based action. The methods described below are not intended to be limiting, and one of ordinary skill in the art would recognize that other methods can be used to verify performance of a location-based action.)
Auterio teaches the limitations of claim 93. As per claim 131:
Auterio further teaches:
further comprising: determining, in response to the second party taking the action satisfying at least one condition of a promotion run by the first party or the fourth party, that the third party is eligible for the reward; and ([C17L50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. [C18L14-40] In various embodiments, location 115 can have one or more verification systems 118 that can verify when a user has performed one or more location-based actions. Verification system 118 can verify performance of a location-based action using a variety of methods. Verification system 118 can generate, store, and transmit action verification data, which is data comprising information on one or more users and one or more location-based actions associated with the users. Action verification data can be transmitted to location system 120a, game system 120b, or client system 130, either directly or via network 160. In some embodiments, the action verification data can be generated by another system, such as client system 130, game system 120b, or location system 120a. This disclosure assumes that the action verification data is generated by verification system 118 and transmitted to location system 120a, however this is not intended to be limiting. Action verification data can include a variety of information regarding a location-based action, including information indicating: the user; the location-based action; if the action was performed by the user; when the location-based action was performed; where the location-based action was performed; how the location-based action was performed; and other information related to the location-based action. The methods described below are not intended to be limiting, and one of ordinary skill in the art would recognize that other methods can be used to verify performance of a location-based action.)
notify the second party or the third party that the third party is eligible for the reward. ([C17L50-C18L12] In various embodiments, a game networking system 120b receives a message identifying a user and corresponding to a location-based action at step 260. The game networking system 120b then accesses a game account of the user to identify one or more computer-implemented games associated with the user at step 262. The game networking system 120b then generates an incentive reward for the user at step 264. The game networking system 120b then credits the game account of the user with the incentive reward at step 266. [C18L14-40] In various embodiments, location 115 can have one or more verification systems 118 that can verify when a user has performed one or more location-based actions. Verification system 118 can verify performance of a location-based action using a variety of methods. Verification system 118 can generate, store, and transmit action verification data, which is data comprising information on one or more users and one or more location-based actions associated with the users. Action verification data can be transmitted to location system 120a, game system 120b, or client system 130, either directly or via network 160. In some embodiments, the action verification data can be generated by another system, such as client system 130, game system 120b, or location system 120a. This disclosure assumes that the action verification data is generated by verification system 118 and transmitted to location system 120a, however this is not intended to be limiting. Action verification data can include a variety of information regarding a location-based action, including information indicating: the user; the location-based action; if the action was performed by the user; when the location-based action was performed; where the location-based action was performed; how the location-based action was performed; and other information related to the location-based action. The methods described below are not intended to be limiting, and one of ordinary skill in the art would recognize that other methods can be used to verify performance of a location-based action.)
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.
Claim(s) 94 and 98 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auterio et al (US 8,282,491) in view of Hibbert et al (US 9,669,296)
Auterio teaches the limitations of claim 93. As per claim 94:
Auterio does not expressly teach further comprising recording the action performed by the second party in a database that is independent of the first party and the third party.
Hibbert teaches:
further comprising recording the action performed by the second party in a database that is independent of the first party and the fourth party. (Fig. 1; [C8L47-53] The game server 110 can include or can be in communication with a game database 115. The game database 115 stores game data used in the location-based game to be served or provided to the client(s) 120 over the network 130.)
It would have been obvious to one of ordinary skill in the art to include further comprising recording the action performed by the second party in a database that is independent of the first party and the third party as taught by Hibbert with the game reward for purchases of Auterio in order to link real world activity with a location-based parallel reality game ([C2L15-19]).
Auterio teaches the limitations of claim 93. As per claim 98:
Auterio doesn’t expressly teach further comprising: receiving, from the fourth party, an identification of the action; and receiving, from the first party, an identification of the reward.
Hibbert teaches:
further comprising: receiving, from the fourth party, an identification of the action; ([C3L30-37] In particular, the positions of players can be monitored or tracked using, for instance, a positioning system (e.g. a GPS system) associated with a player's mobile device. Player position information can be provided to a game server hosting the parallel reality game over a network and can be used by the game server hosting the parallel reality game to update player locations in the virtual world. [C15L58-C16L14] In one implementation, the game feature can be accessed only by those players that are within a predefined radius surrounding the location of the commercial activity linked with the game feature in the real world. For instance, the game server 110 can continuously monitor the position of players of the parallel reality game by receiving position information from clients 120 over the network 130. Based on this position information, the game server 110 can identify players within a predefined radius of the commercial activity. The predefined radius can be set to any magnitude. The game server 110 can provide access to the game feature to only those players within the predefined radius. Player interaction with the game feature can be monitored and tracked, for instance, by the game server 110. This information can be periodically provided to the sponsor or other entity requesting the game feature to allow the sponsor or other entity to track the value or effectiveness of the game feature in encouraging commercial activity.)
and receiving, from the first party, an identification of the reward. ([C17L58-C18L6] For example, referring to FIG. 1, a sponsor/advertiser 140, business 150, or other entity can provide request data over the network 130 to the game server requesting that the rewards module distribute a coupon or voucher to players that achieve a predetermined game objective or achievement. The rewards module can monitor player progress in the parallel reality game and provide the coupon or voucher to the player upon completing a game objective or other achievement. The coupon or other voucher can be used by the player as part of a real world commercial transaction. The coupon or other voucher provides a real world item that is of value to both the player and the business or other entity based on actions that occur in the virtual world. As a result, the link between the virtual world and the real world is enhanced such that actions in the virtual world can lead to rewards and increased commercial activity in the real world.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include receiving, from the fourth party, an identification of the action; and receiving, from the first party, an identification of the reward as taught by Hibbert with the game reward for purchases of Auterio in order to link real world activity with a location-based parallel reality game ([C2L15-19]).
Claim(s) 99 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auterio et al (US 8,282,491) in view of Fine (US 2004/0254010)
Auterio teaches the limitations of claim 93. As per claim 99:
Auterio does not expressly teach generating an advertisement that the reward is available for the second party taking the action; and providing the advertisement to the fourth party for the fourth party to present to the third party.
Fine teaches:
generating an advertisement that the reward is available for the second party taking the action; and ([0065] One such form is player expenditures with third parties who have affiliate agreements with the enterprise. For example, the enterprise may have an affiliate agreement with a retailer or a credit card company. Each dollar of purchases by the player at the retailer (or dollar of charges on the credit card), are then converted to bonus credits using a conversion rate. To provide such reward credits to the players, the third party updates the enterprise with a data file containing player identification data, and the relevant financial data.)
providing the advertisement to the fourth party for the fourth party to present to the third party. ([0065] One such form is player expenditures with third parties who have affiliate agreements with the enterprise. For example, the enterprise may have an affiliate agreement with a retailer or a credit card company. Each dollar of purchases by the player at the retailer (or dollar of charges on the credit card), are then converted to bonus credits using a conversion rate. To provide such reward credits to the players, the third party updates the enterprise with a data file containing player identification data, and the relevant financial data.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include generating an advertisement that the reward is available for the second party taking the action; and providing the advertisement to the fourth party for the fourth party to present to the third party as taught by Fine with the game reward for purchases of Auterio in order to promote affiliate agreements between third parties and an enterprise and incentivize users to participate in such agreements ([0065]).
Claim(s) 100 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auterio et al (US 8,282,491) in view of Fine (US 2004/0254010) in view of Tumanyan et al (US 2020/0242658)
Auterio in view of Fine teaches the limitations of claim 99. As per claim 100:
Auterio in view of Fine does not expressly teach wherein the advertising includes providing, to the third party, a digitally encoded advertisement message having identifier codes that associate the second party with the third party.
Tumanyan teaches:
wherein providing the advertisement includes providing, to the third party, a digitally encoded advertisement message having identifier codes that associate the second party with the third party. ([0029] Digital advertisement monitoring computing device 102 may determine whether a customer ID associated with a particular purchased item, as identified in the obtained transaction data, maps to an online ID identified by the impression data. For example, digital advertising monitoring computing device 102 may associate a locally unique identifier (LUID) with each online ID identified by impression data. Digital advertising monitoring computing device 102 may also associate an LUID with each customer ID associated with purchases. Digital advertising monitoring computing device 102 may determine whether an LUID associated with a customer ID for a particular purchase (e.g., as identified by transaction data) matches an LUID associated with any online ID identified in obtained impression data. [0068] Proceeding to step 610, a determination is made as to whether a portion of the transaction data match the portion of the impression data for the next impression identity selected in step 608. For example, digital advertisement monitoring computing device 102 may determine whether one or more of a customer name, zip code, or customer ID identified by the portion of transaction data matches, or corresponds to, a customer name, zip code, or online ID match of the portion of impression data for the next impression identity. If a match is determined, the method proceeds to step 612, where a record of attribution is generated based on the search.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the advertising includes providing, to the third party, a digitally encoded advertisement message having identifier codes that associate the second party with the third party as taught by Tumanyan with the game reward for purchases of Auterio in view of Fine in order to monitor performance of advertisements and promotions (paragraph [0003]).
Claim(s) 121 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auterio et al (US 8,282,491) in view of Bradford (US 2020/0394675)
Auterio teaches the limitations of claim 95. As per claim 121:
Auterio further teaches:
receiving, for at least one physical asset or for at least one digital asset, first information regarding physical-asset inventory levels, digital-asset rarity, physical-asset price, digital-asset price, physical-asset purchase history, or digital-asset purchase history; (C4L15-39] In various embodiments, location 115 can have one or more attributes associated with it. These location attributes include a variety of details about location 115. Location attributes can include, for example: details regarding goods and services available at the location, such as the type, price, quantity, quality, brand, size, description, and other details of the goods and services available at the location; the purchase history of good and services at the location; corporate and intellectual property information of the location, such as any brands, trademarks, logos, and other such information associated with the location; the location-based action history of players of one or more online games at the location, such as the type of location-based actions, proposed location-based actions, performed location-based actions, and other information regarding location-based actions associated with the location; personal and demographic information of users of the location, such as name, sex, race, ethnicity, age, income, education, employment status, address, credit information, purchase history, and other personal or demographic information of the users of the location; geographic information of the location, such as the position, elevation, size, orientation, GPS coordinates, relation to other locations, local terrain, weather, and other geographic information of the location; and other descriptive information associated with the location. [C9L53-60] In some embodiments, the incentive offer search system can consider the purchase history of goods and services at the location to determine an appropriate incentive reward. For example, if visitors to location 115 often buy fertilizer, the incentive offer search system may determine that five applications of fertilizer in Zynga FarmVille is an appropriate incentive reward for performing a location-based action at location 115 based on the purchase history there. [C9L61-C10L6] In some embodiments, the incentive offer search system can consider the location-based action history of players of one or more online games at the location to determine an appropriate incentive reward. This can include the type of location-based actions, proposed location-based actions, performed location-based actions, and other information regarding location-based actions associated with the location. For example, if some users often fail to perform a certain location-based action when offered an incentive reward of $10,000 in virtual poker chips in Zynga Poker, the incentive offer search system may determine an incentive reward of $30,000 in virtual poker chips is an appropriate incentive reward to incentivize performance of this location-based action.)
receiving, for the second party or the third party, second information regarding behavior of the second party related to the first party or the fourth party, behavior of the third party related to the first party or the fourth party, engagement of the second party related to the first party or the fourth party, or engagement of the third party related to the first party or the fourth party; (C4L15-39] In various embodiments, location 115 can have one or more attributes associated with it. These location attributes include a variety of details about location 115. Location attributes can include, for example: details regarding goods and services available at the location, such as the type, price, quantity, quality, brand, size, description, and other details of the goods and services available at the location; the purchase history of good and services at the location; corporate and intellectual property information of the location, such as any brands, trademarks, logos, and other such information associated with the location; the location-based action history of players of one or more online games at the location, such as the type of location-based actions, proposed location-based actions, performed location-based actions, and other information regarding location-based actions associated with the location; personal and demographic information of users of the location, such as name, sex, race, ethnicity, age, income, education, employment status, address, credit information, purchase history, and other personal or demographic information of the users of the location; geographic information of the location, such as the position, elevation, size, orientation, GPS coordinates, relation to other locations, local terrain, weather, and other geographic information of the location; and other descriptive information associated with the location. [C9L53-60] In some embodiments, the incentive offer search system can consider the purchase history of goods and services at the location to determine an appropriate incentive reward. For example, if visitors to location 115 often buy fertilizer, the incentive offer search system may determine that five applications of fertilizer in Zynga FarmVille is an appropriate incentive reward for performing a location-based action at location 115 based on the purchase history there. [C9L61-C10L6] In some embodiments, the incentive offer search system can consider the location-based action history of players of one or more online games at the location to determine an appropriate incentive reward. This can include the type of location-based actions, proposed location-based actions, performed location-based actions, and other information regarding location-based actions associated with the location. For example, if some users often fail to perform a certain location-based action when offered an incentive reward of $10,000 in virtual poker chips in Zynga Poker, the incentive offer search system may determine an incentive reward of $30,000 in virtual poker chips is an appropriate incentive reward to incentivize performance of this location-based action.)
Auterio does not expressly teach calculating, in response to the received first and second information, third information received from services or providers external to the interface computer circuit, and at least one characteristic of the second party or the third party relative to the first party or to the fourth party, a respective score for each of at least one combination of at least one physical asset and at least one digital asset; and selecting, in response to the one or more calculated scores, one or more of the at least one combination for including in an advertisement.
Bradford teaches:
calculating, in response to the received first and second information, third information received from services or providers external to the interface computer circuit, and at least one characteristic of the second party or the third party relative to the first party or to the fourth party, a respective score for each of at least one combination of at least one physical asset and at least one digital asset; and ([0025] Further, the digital certificate may contain a score based on a number of combinations of information associated with the consumer. According to the shown embodiment, the score comprises information that indicates the consumer's immediate ability to pay for products within a particular price-point range. That is, the score may provide a very strong indication that a consumer is immediately able to pay for relatively expensive products. Likewise, the score may represent a combination of qualities such as consumer residence, vehicle ownership, occupation, purchase history, shopping preferences, and the like. In other cases, the score may be an indication of the level of risk that a consumer presents, e.g., consumer financial risk, credit history, credit score, net worth, income tax information, and the like. Also, in some cases the digital certificate may contain more than one score, where the scores can be updated to reflect changes in relevant information relating to the consumer, i.e., updates may reflect changes in the consumer's financial capacity. While the composition of each score contained in the digital certificate may be unique to other scores, each score is meant to provide utility to a merchant in making better decisions relating to offers provided to the consumer. In any event, the score is advantageous as the information represented therein is validated information. For instance, the information is not provided by the consumer himself, but an unbiased third party.)
selecting, in response to the one or more calculated scores, one or more of the at least one combination for including in an advertisement. ([0025] Further, the digital certificate may contain a score based on a number of combinations of information associated with the consumer. According to the shown embodiment, the score comprises information that indicates the consumer's immediate ability to pay for products within a particular price-point range. That is, the score may provide a very strong indication that a consumer is immediately able to pay for relatively expensive products. Likewise, the score may represent a combination of qualities such as consumer residence, vehicle ownership, occupation, purchase history, shopping preferences, and the like. In other cases, the score may be an indication of the level of risk that a consumer presents, e.g., consumer financial risk, credit history, credit score, net worth, income tax information, and the like. Also, in some cases the digital certificate may contain more than one score, where the scores can be updated to reflect changes in relevant information relating to the consumer, i.e., updates may reflect changes in the consumer's financial capacity. While the composition of each score contained in the digital certificate may be unique to other scores, each score is meant to provide utility to a merchant in making better decisions relating to offers provided to the consumer. In any event, the score is advantageous as the information represented therein is validated information. For instance, the information is not provided by the consumer himself, but an unbiased third party.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include c calculating, in response to the received first and second information, third information received from services or providers external to the interface computer circuit, and at least one characteristic of the second party or the third party relative to the first party or to the fourth party, a respective score for each of at least one combination of at least one physical asset and at least one digital asset; and selecting, in response to the one or more calculated scores, one or more of the at least one combination for including in an advertisement as taught by Bradford with the game reward for purchases of Auterio in order to provide utility to a merchant in making better decisions relating to offers provided to the consumer ([0025]).
Claim(s) 122 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auterio et al (US 8,282,491) in view of Bradford (US 2020/0394675) in view of Devaraj et al (US 2010/0250331)
Auterio in view of Bradford teaches the limitations of claim 121. As per claim 122:
Bradford further teaches:
further comprising recalculating, in response to changes in received information, to changes in information received from services or providers, and changes to at least one characteristic of the second party or the third party relative to the first party or to the fourth party, the scores and combinations used in an advertisement ([0025] Further, the digital certificate may contain a score based on a number of combinations of information associated with the consumer. According to the shown embodiment, the score comprises information that indicates the consumer's immediate ability to pay for products within a particular price-point range. That is, the score may provide a very strong indication that a consumer is immediately able to pay for relatively expensive products. Likewise, the score may represent a combination of qualities such as consumer residence, vehicle ownership, occupation, purchase history, shopping preferences, and the like. In other cases, the score may be an indication of the level of risk that a consumer presents, e.g., consumer financial risk, credit history, credit score, net worth, income tax information, and the like. Also, in some cases the digital certificate may contain more than one score, where the scores can be updated to reflect changes in relevant information relating to the consumer, i.e., updates may reflect changes in the consumer's financial capacity. While the composition of each score contained in the digital certificate may be unique to other scores, each score is meant to provide utility to a merchant in making better decisions relating to offers provided to the consumer. In any event, the score is advantageous as the information represented therein is validated information. For instance, the information is not provided by the consumer himself, but an unbiased third party.)
Auterio in view of Bradfore does not expressly teach {based on the updated score} to remove or modify an active advertisement.
Deveraj teaches:
to remove or modify an active advertisement. ([0017] modifying the at least one of the quality score and the at least one contextual information category that fails to meet the threshold requirements; determining that the served advertisement is to be changed based on the modified at least one of the quality score and the at least one contextual information category assigned to the web-based property.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify or remove an advertisement based on an updated score as taught by Deveraj with the game reward for purchases of Auterio in order to increase the likelihood of a user responding favorably to an offer.
Claim(s) 132 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auterio et al (US 8,282,491) in view of Beaver (US 2020/0327571)
Auterio teaches the limitations of claim 131. As per claim 132:
Auterio does not expressly teach further comprising: determining that the fourth party has no access to the reward; and providing the fourth party with access to the first party or the third party to receive the reward.
Beaver teaches:
further comprising: determining that the third party has no access to the reward; and providing the third party with access to the first party or the fourth party to receive the reward. ([0037] The action module 230 may further consider any records of past actions associated with the user in the action database 240 before selecting an action. For example, if the records indicate that the user has posted many negative content items 117 about the entity and has already received several discounts, it may indicate the user is either trying to scam the entity for discounts or that the user cannot be satisfied. In such a scenario, the action module 230 may respond to the user to contact customer service and may not provide any additional gifts or rewards.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include further comprising: determining that the fourth party has no access to the reward; and providing the fourth party with access to the first party or the third party to receive the reward as taught by Beaver with the game reward for purchases of Auterio in order to prevent reward misuse ([0037]).
Response to Arguments
The examiner has considered but does not find persuasive applicant’s arguments regarding rejections under 35 USC 112 of claim 100. Either claim 100 has an antecedent basis issue or applicant needs to amend claim 100 to depend from claim 99. Rejections under 35 USC 112 of claim 121 has been withdrawn.
The examiner has considered but does not find persuasive applicant’s arguments regarding rejections under 35 USC 101. Merely adding generic computing devices to claims does not overcome 101 as the computing devices are recited at a high level of generality and merely apply the abstract idea using generic computing devices that do little more than represent the various parties. See the rejection above. The claims fall far short under 101.
With regard to 35 USC 102, the examiner respectfully disagrees. Applicant has merely shifted around the parties, however, the claims are still read on by the scenario outlined in Auterio. If applicant wishes for the examiner to interpret the parties in a particular way, then applicant must claim them in that manner. The examiner recommends amending the claims to make clear what entity is actually represented by each party. For example, instead of calling it “first party”, call the first party a merchant. Applicant has already received an office action with regard to this particular embodiment. Attempting to switch to a different embodiment could trigger a restriction by original presentation. Auterio does in fact match the user who performed the activity in the real world to the user game account to provide the reward earned such as visiting a location or making a purchase from a particular location. “In some embodiments, while identifying a user, location system 120a may also collect information related to one or more game accounts associated with the user, including any unique game account identifiers assigned to the user.” See at least C5L52-55. As a result, such rejections have been maintained.
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 CHRISTOPHER STROUD whose telephone number is (571)272-7930. The examiner can normally be reached Mon. - Fri. 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraff can be reached at (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER STROUD
Primary Examiner
Art Unit 3621
/CHRISTOPHER STROUD/ Primary Examiner, Art Unit 3621
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