DETAILED ACTION
Status of Claims
This Action is in response to Application 19/043,995 filed 02/03/2025. 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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the step of receiving a request for an offer including transaction information and consumer identifier from point of sale, and retrieving and displaying an offer based on the identifier on a remote interface. The invention then receives updated transaction information from the point of sale including updated transaction amount greater than the first transaction amount and transmits a modification message to the point of sale to modify the transaction based on the offer.
The limitations, as drafted, is a process that, under its broadest reasonable interpretation, covers a certain method of organizing human activity, specifically fundamental economic practices of payment processing (similar to Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017)), and commercial interactions (similar to OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1362-63, 115 USPQ2d 1090, 1092 (Fed. Cir. 2015)). As discussed in the originally filed specification, the invention is directed towards a loyalty program computing system, wherein the additional elements of the computing system performs functions to execute commercial activity including managing transactions and offers. If a claim limitation, under its broadest reasonable interpretation, covers performance of fundamental economic practices and commercial interactions but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites a judicial exception.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional elements of generic computer components performing the steps. The processor and memory are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of transmitting/receiving information, providing outputs for display, and responding to incoming information using pre-established rules) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
The dependent claims are further directed towards the judicial exception without significantly more. The dependent claims provide limitations on defining the information sent/received (such as claim 2, 6), format of the information (such as claim 3), well-understood, routine, and convention functions of information storage, retrieval, and record keeping (such as claims 4-5), and additional abstract rules for responding to input (such as claim 7). These are still directed towards the judicial exception as these further define the abstract elements such as further defining the information and relationship between the information or well-understood, routine, and conventional functions of generic computer components such as electronic record keeping. They are not significantly more as they do not further integrate the judicial exception into a practical application and the additional element amounts to no more than mere instructions to apply the exception using a generic computer component. The dependent claims is not patent eligible.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Postrel (US 20230177554 A1) (hereafter Postrel), in view of Kumar et al. (US 20170228808 A1) (hereafter Kumar).
As per claim 1:
A loyalty computing system comprising at least one processor and a memory device, the at least one processor configured to:
receive, from a point-of-sale (POS) device during a transaction, an offer request message, the offer request message including a unique consumer identifier and transaction data, the transaction data including a first transaction amount; (See Postrel ¶0085, “In a variation of this first embodiment, the tracking server computer may at step 312 analyze a prior transaction log 214 associated with the mobile device 202, which includes records of prior transactions executed by the mobile device 202. In a simple case, the prior transactions may be stored as a result of the merchant reconciliation process described above. In this case, each time a purchase incentive is delivered by the tracking server computer to the mobile device 202, a record is made in the prior transaction log, and each time that purchase incentive 207 is redeemed with a merchant, a record is made in the prior transaction log. Or, prior transactions may include purchases made by user as may be obtained from various external sources such as credit card transactions, etc. The prior transaction log is preferably stored at the tracking server computer 204, but it may also be stored on the mobile device 202 and/or a merchant computer 210. Alternatively, the prior transaction log may be stored on an external third party server computer and accessed as needed.” See also Postrel ¶0103, “Also shown in FIG. 2c are merchant 206 and merchant 208, although many more merchants are contemplated by this invention. Each of the merchants has an associated merchant computer 210, which may be a simple POS terminal and/or a dedicated server computer adapted to perform the functions of this invention as well as other functions.” Postrel discloses the concept of receiving transaction information from a merchant point of sale including consumer identifier. See also Postrel ¶0060, “The mobile device may be utilized in a real-time interactive transaction between a user and a merchant at the point of sale. When a user presents the mobile device to the POS terminal at the merchant, the terminal accesses the memory and/or firmware of the mobile device (e.g. by near field communications (NFC)) and can execute one or more of several types of real-time transactions. The POS terminal may upload into the mobile device memory one or more purchase incentives such as special offers, coupons, and reward points that are based on the current transaction. For example, if a user is purchasing dog food, the POS terminal may upload dog food coupons to the mobile device. These coupons may be good for the next visit with the merchant, or they may optionally instantly redeemable if desired.” Postrel further discloses the concept of utilizing current transaction information.)
in response to receiving the offer request message, retrieve at least one offer associated with the unique consumer identifier; (See Postrel ¶0086, “In this variation, the tracking server computer 204 generates the purchase incentive at step 314 based also on the prior transaction log 214. For example, the merchant 208 may establish that all users who have made twenty or more purchases at that merchant be given a greater discount than those users who have made less than twenty purchases at that merchant. In another example, the purchase incentive is based on a type of prior transactions executed by the mobile device, or, the purchase incentive is based on a value of prior transactions executed by the mobile device. In another example, the tracking server computer may generate a purchase incentive for use with a merchant associated with the prior transaction log, or for use with a merchant not associated with the prior transaction log.” Postrel discloses the concept of generating an incentive for the particular consumer.)
cause to be displayed, on a user interface of a remote computing device, the at least one offer; (See Postrel ¶0086, “In this variation, the tracking server computer 204 generates the purchase incentive at step 314 based also on the prior transaction log 214. For example, the merchant 208 may establish that all users who have made twenty or more purchases at that merchant be given a greater discount than those users who have made less than twenty purchases at that merchant. In another example, the purchase incentive is based on a type of prior transactions executed by the mobile device, or, the purchase incentive is based on a value of prior transactions executed by the mobile device. In another example, the tracking server computer may generate a purchase incentive for use with a merchant associated with the prior transaction log, or for use with a merchant not associated with the prior transaction log.” See also Postrel ¶0082, “At step 316, the tracking server computer delivers the purchase incentive 207 to the mobile device 202. This would be done with a wireless data transmission to the mobile device 202, which would receive the purchase incentive in the form of a file at step 318 and store it in the memory 704 and optionally display it on the mobile device display 712. A notification may also be generated, which may be visual (display of the incentive or a message indicating the receipt of the incentive), audible (a tone may be generated), and/or tactile (the device may be caused to vibrate).” Postrel discloses the concept of providing the offer to a device.)
Although Postrel discloses the above-enclosed invention, Postrel fails to explicitly disclose the concept of updating the transaction based on additional transaction amount.
However Kumar as shown, which talks about item recommendations for merchants, teaches the concept of updating and communicating with a server for additional transaction amounts.
receive, from the POS device, updated transaction data, the updated transaction data including a second transaction amount that is greater than the first transaction amount; (See Kumar ¶0914, “At 914, alternatively, when the merchant device is in the online mode, i.e., is able to communicate with the service computing device, the merchant device may send the current transaction information to the service computing device.” See also Kumar ¶0108, “As another example, the third recommendation 716 may indicate, from a check of the transaction history for the current buyer, that the current buyer has purchased bundles recommended to the current buyer in the past. Accordingly, the third recommendation 716 may recommend that the current merchant offer a bundle to the current buyer that includes both item B and item C with item A for a 10% discount off the total price of items A, B and C. Further, numerous other types of recommendations may be provided to a merchant with the foregoing going being merely several examples for discussion.” Kumar teaches the concept of receiving updated transaction information including additional items added to the transaction.)
in response to receiving the updated transaction data, transmit, to the POS device, a modification message, the modification message causing the POS device to modify the transaction in accordance with the at least one offer. (See Kumar ¶0109, “As another example, if a bundle is recommended, a new bundle icon (not shown) may be added to the payment interface 706 and presented temporarily (or permanently) in the payment interface 706, along with the discounted price of the bundle, to assist the merchant in quickly recommending the bundle and adding the bundle to the transaction if the buyer agrees. Numerous other variations will be apparent to those of skill in the art having the benefit of the disclosure herein.” Kumar teaches the concept of modifying a transaction based on an offer trigged by the additional of an item. See also Postrel ¶0053, “For example, Mr. Smith may be given a coupon at checkout for a discount on a magazine, since he showed an interest in a magazine but did not purchase one. Or, he may be told by the cashier that he will get increased reward points in his reward account if he purchases a magazine now or at a later date (e.g. “Mr. Smith, you will get double reward points if you purchase a magazine today or the next time you come in”). In addition, the system may use the customer location tracking information to award points and/or coupons for products sold in an area of the store that was not visited by the consumer (e.g. “Mr. Smith, we see that you have not visited our gift card aisle—we would like to give you a $1 coupon (or double reward points) for you to make a purchase of an item from that aisle.”) This incentive will help drive shoppers to parts of a store that may otherwise suffer from low amounts of traffic.” Postrel further discloses the concept of modifying/updating a transaction based on qualified offers.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Kumar with the invention of Postrel. As shown, Postrel discloses the concept of providing incentive offers to consumers including promoting specific/additional products for purchase. Kumar further teaches the concept of tracking and providing incentive offers based on a current transaction. Kumar teaches the concept to further promote consumer spending including particular cross selling, up selling ,and bundling opportunities at the time of the transaction at the point of sale (See Kumar ¶0017). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to dynamically update the transaction information to recommend and apply additional purchase incentives for additional items to further incentivize consumer spending.
As per claim 2:
The loyalty computing system of claim 1, wherein the at least one processor is further configured to:
receive, from a consumer computing device during a transaction, a unique consumer identifier;
generate a unique barcode for the unique consumer identifier scannable by a scanner associated with the POS device; and
transmit, to a retail computing device, the unique barcode.
(See Postrel ¶0048, “After completing the registration process, the consumer is provided with the multi-function card that has a unique account number printed thereon (as well as encoded in a bar code and/or magnetic stripe). The initial function of the multi-function smart card is a loyalty card for frequent shoppers. When the consumer makes a subsequent purchase at the drugstore, then he gives the cashier his loyalty card and the card is swiped, dipped, or otherwise entered into the POS terminal. Data is captured regarding the products purchased by the consumer, the consumer's account number, the prices paid, etc. In addition, points will be credited to the consumer's account, typically in the amount of one point per dollar spent. Thus, a purchase totaling $54.00 will net the consumer 54 points. In the alternative, the points may be credited as a function of the amount spent (e.g. purchases over $100 yield a 1.5 point per dollar ratio), or as a function of purchasing certain classes products (e.g. vitamins yield a 1.25 point per dollar ratio) or as a function of purchasing certain brands of products (e.g. all COKE products provide a 2 point per dollar ratio), etc. The points are then stored in the associated reward account on the multi-function card.” Postrel discloses the consumer identifier to be provided through a scannable code.)
As per claim 3:
The loyalty computing system of claim 2, wherein the unique barcode includes the unique consumer identifier in a format readable by a scanner of the POS device. (See Postrel ¶0048, “After completing the registration process, the consumer is provided with the multi-function card that has a unique account number printed thereon (as well as encoded in a bar code and/or magnetic stripe). The initial function of the multi-function smart card is a loyalty card for frequent shoppers. When the consumer makes a subsequent purchase at the drugstore, then he gives the cashier his loyalty card and the card is swiped, dipped, or otherwise entered into the POS terminal. Data is captured regarding the products purchased by the consumer, the consumer's account number, the prices paid, etc. In addition, points will be credited to the consumer's account, typically in the amount of one point per dollar spent. Thus, a purchase totaling $54.00 will net the consumer 54 points. In the alternative, the points may be credited as a function of the amount spent (e.g. purchases over $100 yield a 1.5 point per dollar ratio), or as a function of purchasing certain classes products (e.g. vitamins yield a 1.25 point per dollar ratio) or as a function of purchasing certain brands of products (e.g. all COKE products provide a 2 point per dollar ratio), etc. The points are then stored in the associated reward account on the multi-function card.” Postrel discloses the consumer identifier to be provided through a scannable code.)
As per claim 4:
The loyalty computing system of claim 1, wherein the at least one processor is further configured to perform a lookup in a database to determine a user profile associated with the unique consumer identifier. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses maintaining and accessing stored consumer profile.)
As per claim 5:
The loyalty computing system of claim 4, wherein retrieving at least one offer comprises retrieving at least one offer stored in the user profile. (See Postrel ¶0057, “In addition, the card may be configured to store purchase incentives, such as rebates and coupons. For example, the card may be programmed with one or more purchase coupons that may be used at the point of sale by the consumer. The consumer would use the multi-function card when making the purchase, and the UPC or other product identifier would be scanned at the POS terminal and then compare to any coupon files stored on the card. If there is a match for that UPC, then the coupon discount would be applied, and the coupon may be optionally deleted from the card (if it is a one-time use coupon).” Postrel discloses the concept of storing incentive offers in association with consumer profile/account.)
As per claim 6:
The loyalty computing system of claim 4, wherein the offer request message further includes transaction data associated with the transaction and wherein the at least one processor is further configured to store the transaction data in the user profile. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses the profile to include transaction history.)
As per claim 7:
The loyalty computing system of claim 4, wherein the least one processor is configured to generate the at least one offer based on at least one of transaction data or data stored in the user profile. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses incentives to be based on transaction history.)
As per claim 8:
A computer-implemented method for modifying transaction data at a remote point- of-sale (POS) device, the method implemented using a computing system including a processor communicatively coupled to a memory device, the computer-implemented method comprising:
receiving, from the POS device during a transaction, an offer request message, the offer request message including a unique consumer identifier and transaction data, the transaction data including a first transaction amount; (See Postrel ¶0085, “In a variation of this first embodiment, the tracking server computer may at step 312 analyze a prior transaction log 214 associated with the mobile device 202, which includes records of prior transactions executed by the mobile device 202. In a simple case, the prior transactions may be stored as a result of the merchant reconciliation process described above. In this case, each time a purchase incentive is delivered by the tracking server computer to the mobile device 202, a record is made in the prior transaction log, and each time that purchase incentive 207 is redeemed with a merchant, a record is made in the prior transaction log. Or, prior transactions may include purchases made by user as may be obtained from various external sources such as credit card transactions, etc. The prior transaction log is preferably stored at the tracking server computer 204, but it may also be stored on the mobile device 202 and/or a merchant computer 210. Alternatively, the prior transaction log may be stored on an external third party server computer and accessed as needed.” See also Postrel ¶0103, “Also shown in FIG. 2c are merchant 206 and merchant 208, although many more merchants are contemplated by this invention. Each of the merchants has an associated merchant computer 210, which may be a simple POS terminal and/or a dedicated server computer adapted to perform the functions of this invention as well as other functions.” Postrel discloses the concept of receiving transaction information from a merchant point of sale including consumer identifier. See also Postrel ¶0060, “The mobile device may be utilized in a real-time interactive transaction between a user and a merchant at the point of sale. When a user presents the mobile device to the POS terminal at the merchant, the terminal accesses the memory and/or firmware of the mobile device (e.g. by near field communications (NFC)) and can execute one or more of several types of real-time transactions. The POS terminal may upload into the mobile device memory one or more purchase incentives such as special offers, coupons, and reward points that are based on the current transaction. For example, if a user is purchasing dog food, the POS terminal may upload dog food coupons to the mobile device. These coupons may be good for the next visit with the merchant, or they may optionally instantly redeemable if desired.” Postrel further discloses the concept of utilizing current transaction information.)
in response to receiving the offer request message, retrieving at least one offer associated with the unique consumer identifier; (See Postrel ¶0086, “In this variation, the tracking server computer 204 generates the purchase incentive at step 314 based also on the prior transaction log 214. For example, the merchant 208 may establish that all users who have made twenty or more purchases at that merchant be given a greater discount than those users who have made less than twenty purchases at that merchant. In another example, the purchase incentive is based on a type of prior transactions executed by the mobile device, or, the purchase incentive is based on a value of prior transactions executed by the mobile device. In another example, the tracking server computer may generate a purchase incentive for use with a merchant associated with the prior transaction log, or for use with a merchant not associated with the prior transaction log.” Postrel discloses the concept of generating an incentive for the particular consumer.)
causing to be displayed, on a user interface of a remote computing device, the at least one offer; (See Postrel ¶0086, “In this variation, the tracking server computer 204 generates the purchase incentive at step 314 based also on the prior transaction log 214. For example, the merchant 208 may establish that all users who have made twenty or more purchases at that merchant be given a greater discount than those users who have made less than twenty purchases at that merchant. In another example, the purchase incentive is based on a type of prior transactions executed by the mobile device, or, the purchase incentive is based on a value of prior transactions executed by the mobile device. In another example, the tracking server computer may generate a purchase incentive for use with a merchant associated with the prior transaction log, or for use with a merchant not associated with the prior transaction log.” See also Postrel ¶0082, “At step 316, the tracking server computer delivers the purchase incentive 207 to the mobile device 202. This would be done with a wireless data transmission to the mobile device 202, which would receive the purchase incentive in the form of a file at step 318 and store it in the memory 704 and optionally display it on the mobile device display 712. A notification may also be generated, which may be visual (display of the incentive or a message indicating the receipt of the incentive), audible (a tone may be generated), and/or tactile (the device may be caused to vibrate).” Postrel discloses the concept of providing the offer to a device.)
Although Postrel discloses the above-enclosed invention, Postrel fails to explicitly disclose the concept of updating the transaction based on additional transaction amount.
However Kumar as shown, which talks about item recommendations for merchants, teaches the concept of updating and communicating with a server for additional transaction amounts.
receiving, from the POS device, updated transaction data, the updated transaction data including a second transaction amount that is greater than the first transaction amount; (See Kumar ¶0914, “At 914, alternatively, when the merchant device is in the online mode, i.e., is able to communicate with the service computing device, the merchant device may send the current transaction information to the service computing device.” See also Kumar ¶0108, “As another example, the third recommendation 716 may indicate, from a check of the transaction history for the current buyer, that the current buyer has purchased bundles recommended to the current buyer in the past. Accordingly, the third recommendation 716 may recommend that the current merchant offer a bundle to the current buyer that includes both item B and item C with item A for a 10% discount off the total price of items A, B and C. Further, numerous other types of recommendations may be provided to a merchant with the foregoing going being merely several examples for discussion.” Kumar teaches the concept of receiving updated transaction information including additional items added to the transaction.)
in response to receiving the updated transaction data, transmit, to the POS device, a modification message, the modification message causing the POS device to modify the transaction in accordance with the at least one offer. (See Kumar ¶0109, “As another example, if a bundle is recommended, a new bundle icon (not shown) may be added to the payment interface 706 and presented temporarily (or permanently) in the payment interface 706, along with the discounted price of the bundle, to assist the merchant in quickly recommending the bundle and adding the bundle to the transaction if the buyer agrees. Numerous other variations will be apparent to those of skill in the art having the benefit of the disclosure herein.” Kumar teaches the concept of modifying a transaction based on an offer trigged by the additional of an item. See also Postrel ¶0053, “For example, Mr. Smith may be given a coupon at checkout for a discount on a magazine, since he showed an interest in a magazine but did not purchase one. Or, he may be told by the cashier that he will get increased reward points in his reward account if he purchases a magazine now or at a later date (e.g. “Mr. Smith, you will get double reward points if you purchase a magazine today or the next time you come in”). In addition, the system may use the customer location tracking information to award points and/or coupons for products sold in an area of the store that was not visited by the consumer (e.g. “Mr. Smith, we see that you have not visited our gift card aisle—we would like to give you a $1 coupon (or double reward points) for you to make a purchase of an item from that aisle.”) This incentive will help drive shoppers to parts of a store that may otherwise suffer from low amounts of traffic.” Postrel further discloses the concept of modifying/updating a transaction based on qualified offers.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Kumar with the invention of Postrel. As shown, Postrel discloses the concept of providing incentive offers to consumers including promoting specific/additional products for purchase. Kumar further teaches the concept of tracking and providing incentive offers based on a current transaction. Kumar teaches the concept to further promote consumer spending including particular cross selling, up selling ,and bundling opportunities at the time of the transaction at the point of sale (See Kumar ¶0017). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to dynamically update the transaction information to recommend and apply additional purchase incentives for additional items to further incentivize consumer spending.
As per claim 9:
The computer-implemented method of claim 8, further comprising:
receiving, from a consumer computing device during a transaction, a unique consumer identifier;
generating a unique barcode for the unique consumer identifier scannable by a scanner associated with the POS device; and
transmitting, to a retail computing device, the unique barcode.
(See Postrel ¶0048, “After completing the registration process, the consumer is provided with the multi-function card that has a unique account number printed thereon (as well as encoded in a bar code and/or magnetic stripe). The initial function of the multi-function smart card is a loyalty card for frequent shoppers. When the consumer makes a subsequent purchase at the drugstore, then he gives the cashier his loyalty card and the card is swiped, dipped, or otherwise entered into the POS terminal. Data is captured regarding the products purchased by the consumer, the consumer's account number, the prices paid, etc. In addition, points will be credited to the consumer's account, typically in the amount of one point per dollar spent. Thus, a purchase totaling $54.00 will net the consumer 54 points. In the alternative, the points may be credited as a function of the amount spent (e.g. purchases over $100 yield a 1.5 point per dollar ratio), or as a function of purchasing certain classes products (e.g. vitamins yield a 1.25 point per dollar ratio) or as a function of purchasing certain brands of products (e.g. all COKE products provide a 2 point per dollar ratio), etc. The points are then stored in the associated reward account on the multi-function card.” Postrel discloses the consumer identifier to be provided through a scannable code.)
As per claim 10:
The computer-implemented method of claim 9, wherein the unique barcode includes the unique consumer identifier in a format readable by a scanner of the POS device. (See Postrel ¶0048, “After completing the registration process, the consumer is provided with the multi-function card that has a unique account number printed thereon (as well as encoded in a bar code and/or magnetic stripe). The initial function of the multi-function smart card is a loyalty card for frequent shoppers. When the consumer makes a subsequent purchase at the drugstore, then he gives the cashier his loyalty card and the card is swiped, dipped, or otherwise entered into the POS terminal. Data is captured regarding the products purchased by the consumer, the consumer's account number, the prices paid, etc. In addition, points will be credited to the consumer's account, typically in the amount of one point per dollar spent. Thus, a purchase totaling $54.00 will net the consumer 54 points. In the alternative, the points may be credited as a function of the amount spent (e.g. purchases over $100 yield a 1.5 point per dollar ratio), or as a function of purchasing certain classes products (e.g. vitamins yield a 1.25 point per dollar ratio) or as a function of purchasing certain brands of products (e.g. all COKE products provide a 2 point per dollar ratio), etc. The points are then stored in the associated reward account on the multi-function card.” Postrel discloses the consumer identifier to be provided through a scannable code.)
As per claim 11:
The computer-implemented method of claim 8, further comprising performing a lookup in a database to determine a user profile associated with the unique consumer identifier. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses maintaining and accessing stored consumer profile.)
As per claim 12:
The computer-implemented method of claim 11, wherein retrieving at least one offer comprises retrieving at least one offer stored in the user profile. (See Postrel ¶0057, “In addition, the card may be configured to store purchase incentives, such as rebates and coupons. For example, the card may be programmed with one or more purchase coupons that may be used at the point of sale by the consumer. The consumer would use the multi-function card when making the purchase, and the UPC or other product identifier would be scanned at the POS terminal and then compare to any coupon files stored on the card. If there is a match for that UPC, then the coupon discount would be applied, and the coupon may be optionally deleted from the card (if it is a one-time use coupon).” Postrel discloses the concept of storing incentive offers in association with consumer profile/account.)
As per claim 13:
The computer-implemented method of claim 11, wherein the offer request message further includes transaction data associated with the transaction and the computer-implemented method further comprising storing the transaction data in the user profile. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses the profile to include transaction history.)
As per claim 14:
The computer-implemented method of claim 11, further comprising generating the at least one offer based on at least one of the transaction data or data stored in the user profile. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses incentives to be based on transaction history.)
As per claim 15:
At least one non-transitory computer-readable medium comprising instructions stored thereon, the instructions executable by at least one processor to cause the at least one processor to perform steps including:
receive, from a point-of-sale (POS) device during a transaction, an offer request message, the offer request message including a unique consumer identifier and transaction data, the transaction data including a first transaction amount; (See Postrel ¶0085, “In a variation of this first embodiment, the tracking server computer may at step 312 analyze a prior transaction log 214 associated with the mobile device 202, which includes records of prior transactions executed by the mobile device 202. In a simple case, the prior transactions may be stored as a result of the merchant reconciliation process described above. In this case, each time a purchase incentive is delivered by the tracking server computer to the mobile device 202, a record is made in the prior transaction log, and each time that purchase incentive 207 is redeemed with a merchant, a record is made in the prior transaction log. Or, prior transactions may include purchases made by user as may be obtained from various external sources such as credit card transactions, etc. The prior transaction log is preferably stored at the tracking server computer 204, but it may also be stored on the mobile device 202 and/or a merchant computer 210. Alternatively, the prior transaction log may be stored on an external third party server computer and accessed as needed.” See also Postrel ¶0103, “Also shown in FIG. 2c are merchant 206 and merchant 208, although many more merchants are contemplated by this invention. Each of the merchants has an associated merchant computer 210, which may be a simple POS terminal and/or a dedicated server computer adapted to perform the functions of this invention as well as other functions.” Postrel discloses the concept of receiving transaction information from a merchant point of sale including consumer identifier. See also Postrel ¶0060, “The mobile device may be utilized in a real-time interactive transaction between a user and a merchant at the point of sale. When a user presents the mobile device to the POS terminal at the merchant, the terminal accesses the memory and/or firmware of the mobile device (e.g. by near field communications (NFC)) and can execute one or more of several types of real-time transactions. The POS terminal may upload into the mobile device memory one or more purchase incentives such as special offers, coupons, and reward points that are based on the current transaction. For example, if a user is purchasing dog food, the POS terminal may upload dog food coupons to the mobile device. These coupons may be good for the next visit with the merchant, or they may optionally instantly redeemable if desired.” Postrel further discloses the concept of utilizing current transaction information.)
in response to receiving the offer request message, retrieve at least one offer associated with the unique consumer identifier; (See Postrel ¶0086, “In this variation, the tracking server computer 204 generates the purchase incentive at step 314 based also on the prior transaction log 214. For example, the merchant 208 may establish that all users who have made twenty or more purchases at that merchant be given a greater discount than those users who have made less than twenty purchases at that merchant. In another example, the purchase incentive is based on a type of prior transactions executed by the mobile device, or, the purchase incentive is based on a value of prior transactions executed by the mobile device. In another example, the tracking server computer may generate a purchase incentive for use with a merchant associated with the prior transaction log, or for use with a merchant not associated with the prior transaction log.” Postrel discloses the concept of generating an incentive for the particular consumer.)
cause to be displayed, on a user interface of a remote computing device, the at least one offer; (See Postrel ¶0086, “In this variation, the tracking server computer 204 generates the purchase incentive at step 314 based also on the prior transaction log 214. For example, the merchant 208 may establish that all users who have made twenty or more purchases at that merchant be given a greater discount than those users who have made less than twenty purchases at that merchant. In another example, the purchase incentive is based on a type of prior transactions executed by the mobile device, or, the purchase incentive is based on a value of prior transactions executed by the mobile device. In another example, the tracking server computer may generate a purchase incentive for use with a merchant associated with the prior transaction log, or for use with a merchant not associated with the prior transaction log.” See also Postrel ¶0082, “At step 316, the tracking server computer delivers the purchase incentive 207 to the mobile device 202. This would be done with a wireless data transmission to the mobile device 202, which would receive the purchase incentive in the form of a file at step 318 and store it in the memory 704 and optionally display it on the mobile device display 712. A notification may also be generated, which may be visual (display of the incentive or a message indicating the receipt of the incentive), audible (a tone may be generated), and/or tactile (the device may be caused to vibrate).” Postrel discloses the concept of providing the offer to a device.)
Although Postrel discloses the above-enclosed invention, Postrel fails to explicitly disclose the concept of updating the transaction based on additional transaction amount.
However Kumar as shown, which talks about item recommendations for merchants, teaches the concept of updating and communicating with a server for additional transaction amounts.
receive, from the POS device, updated transaction data, the updated transaction data including a second transaction amount that is greater than the first transaction amount; (See Kumar ¶0914, “At 914, alternatively, when the merchant device is in the online mode, i.e., is able to communicate with the service computing device, the merchant device may send the current transaction information to the service computing device.” See also Kumar ¶0108, “As another example, the third recommendation 716 may indicate, from a check of the transaction history for the current buyer, that the current buyer has purchased bundles recommended to the current buyer in the past. Accordingly, the third recommendation 716 may recommend that the current merchant offer a bundle to the current buyer that includes both item B and item C with item A for a 10% discount off the total price of items A, B and C. Further, numerous other types of recommendations may be provided to a merchant with the foregoing going being merely several examples for discussion.” Kumar teaches the concept of receiving updated transaction information including additional items added to the transaction.)
in response to receiving the updated transaction data, transmit, to the POS device, a modification message, the modification message causing the POS device to modify the transaction in accordance with the at least one offer. (See Kumar ¶0109, “As another example, if a bundle is recommended, a new bundle icon (not shown) may be added to the payment interface 706 and presented temporarily (or permanently) in the payment interface 706, along with the discounted price of the bundle, to assist the merchant in quickly recommending the bundle and adding the bundle to the transaction if the buyer agrees. Numerous other variations will be apparent to those of skill in the art having the benefit of the disclosure herein.” Kumar teaches the concept of modifying a transaction based on an offer trigged by the additional of an item. See also Postrel ¶0053, “For example, Mr. Smith may be given a coupon at checkout for a discount on a magazine, since he showed an interest in a magazine but did not purchase one. Or, he may be told by the cashier that he will get increased reward points in his reward account if he purchases a magazine now or at a later date (e.g. “Mr. Smith, you will get double reward points if you purchase a magazine today or the next time you come in”). In addition, the system may use the customer location tracking information to award points and/or coupons for products sold in an area of the store that was not visited by the consumer (e.g. “Mr. Smith, we see that you have not visited our gift card aisle—we would like to give you a $1 coupon (or double reward points) for you to make a purchase of an item from that aisle.”) This incentive will help drive shoppers to parts of a store that may otherwise suffer from low amounts of traffic.” Postrel further discloses the concept of modifying/updating a transaction based on qualified offers.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Kumar with the invention of Postrel. As shown, Postrel discloses the concept of providing incentive offers to consumers including promoting specific/additional products for purchase. Kumar further teaches the concept of tracking and providing incentive offers based on a current transaction. Kumar teaches the concept to further promote consumer spending including particular cross selling, up selling ,and bundling opportunities at the time of the transaction at the point of sale (See Kumar ¶0017). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to dynamically update the transaction information to recommend and apply additional purchase incentives for additional items to further incentivize consumer spending.
As per claim 16:
The at least one non-transitory computer-readable medium of claim 15, wherein the instructions further cause that at least one processor to: receive, from a consumer computing device during a transaction, a unique consumer identifier; generate a unique barcode for the unique consumer identifier scannable by a scanner associated with the POS device; and transmit, to a retail computing device, the unique barcode. (See Postrel ¶0048, “After completing the registration process, the consumer is provided with the multi-function card that has a unique account number printed thereon (as well as encoded in a bar code and/or magnetic stripe). The initial function of the multi-function smart card is a loyalty card for frequent shoppers. When the consumer makes a subsequent purchase at the drugstore, then he gives the cashier his loyalty card and the card is swiped, dipped, or otherwise entered into the POS terminal. Data is captured regarding the products purchased by the consumer, the consumer's account number, the prices paid, etc. In addition, points will be credited to the consumer's account, typically in the amount of one point per dollar spent. Thus, a purchase totaling $54.00 will net the consumer 54 points. In the alternative, the points may be credited as a function of the amount spent (e.g. purchases over $100 yield a 1.5 point per dollar ratio), or as a function of purchasing certain classes products (e.g. vitamins yield a 1.25 point per dollar ratio) or as a function of purchasing certain brands of products (e.g. all COKE products provide a 2 point per dollar ratio), etc. The points are then stored in the associated reward account on the multi-function card.” Postrel discloses the consumer identifier to be provided through a scannable code.)
As per claim 17:
The at least one non-transitory computer-readable medium of claim 15, wherein the instructions further cause that at least one processor to perform a lookup in a database to determine a user profile associated with the unique consumer identifier. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses maintaining and accessing stored consumer profile.)
As per claim 18:
The at least one non-transitory computer-readable medium of claim 17, wherein retrieving at least one offer comprises retrieving at least one offer stored in the user profile. (See Postrel ¶0057, “In addition, the card may be configured to store purchase incentives, such as rebates and coupons. For example, the card may be programmed with one or more purchase coupons that may be used at the point of sale by the consumer. The consumer would use the multi-function card when making the purchase, and the UPC or other product identifier would be scanned at the POS terminal and then compare to any coupon files stored on the card. If there is a match for that UPC, then the coupon discount would be applied, and the coupon may be optionally deleted from the card (if it is a one-time use coupon).” Postrel discloses the concept of storing incentive offers in association with consumer profile/account.)
As per claim 19:
The at least one non-transitory computer-readable medium of claim 17, wherein the offer request message further includes transaction data associated with the transaction and wherein the instructions further cause that at least one processor to store the transaction data in the user profile. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses the profile to include transaction history.)
As per claim 20:
The at least one non-transitory computer-readable medium according of claim 17, wherein the instructions further cause that at least one processor to generate the at least one offer based on at least one of transaction data or data stored in the user profile. (See Postrel ¶0055, “When a user who is carrying this smart card enters a store with appropriate RFID tracking devices, the tracking device will be able to determine the identity of the user via information exchanged between the smart card and the tracking device (e.g. a user identification number). The system will be able to generate personalized offers based on prior shopping history as well as a user profile that may be stored in the system's server. For example, when a user enters a store with the RFID technology enabled, the system may determine that he usually purchases soda and snacks, and then the system can generate offers, coupons, or other incentives related to these products and present them to the user as soon as he enters the store via a kiosk or the like. The offers may be printed out, or they may be electronically displayed. In the alternative, the user may be requested to insert his smart card into a reader terminal, after which the system will be able to generate the offers and either load them into the smart card memory and/or display them to the user to aid in his shopping. In the event that the user inserts his card into a reader terminal, then the system can use the profile information directly from the smart card and need not refer to a central server for this purpose.” Postrel discloses incentives to be based on transaction history.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shikano (US 20240193596 A1), which talks about a checkout apparatus including implementing personalized offers at the point of sale.
Sivan et al. (US 20210082024 A1), which talks about dynamic product suggests including at the point of sale.
Priebatsch (US 10853835 B2), which talks about item level promotions including automatically application at point of sale.
Gao et al. (US 20130138491 A1), which talks about personalized incentive including automatic fulfillment at the point of sale.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT M CAO whose telephone number is (571)270-5598. The examiner can normally be reached Monday - Friday 11-7.
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/VINCENT M CAO/Primary Examiner, Art Unit 3622