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 .
DETAILED ACTION
1. This is a first non-final Office Action on the merits for application 19048673. Claims 1-13 are pending examination.
Claim Rejections - 35 USC § 101
2. 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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 1 is/are drawn to method (i.e., a process), and claim(s) 8 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 1, and 8 is/are drawn to one of the statutory categories of invention.
Claims 1-13 are directed to presenting a merchant page on the mobile device. Specifically, claim(s) 1, and 8 recite(s) transmitting at least one relevant merchant page over a the method comprising: providing: a plurality of merchant pages, each of said merchant pages being associated with respective merchant information, the merchant information comprising an identity and/or location of a merchant, and said merchant pages containing content customized by the merchant; and receiving, a signal, the signal encoding merchant information and an information request; A) authenticates access by a merchant to respective merchant pages through a merchant interface, thereby permitting customization of the respective merchant pages; and B) independent of A): processes the signal to identify the merchant information encoded by the signal; accesses a plurality of merchant pages; identifies, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, grouped as following:
transmitting at least one relevant merchant page over a the method comprising: providing: a plurality of merchant pages, each of said merchant pages being associated with respective merchant information, the merchant information comprising an identity and/or location of a merchant, and said merchant pages containing content customized by the merchant; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
receiving, a signal, the signal encoding merchant information and an information request; A) authenticates access by a merchant to respective merchant pages through a merchant interface, thereby permitting customization of the respective merchant pages; and; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
B) independent of A): processes the signal to identify the merchant information encoded by the signal; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
accesses a plurality of merchant pages; identifies, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as system, memory, mobile device, communication network, computer server, database, server, electronic memory, processor, communication device merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the system, memory, mobile device, communication network, computer server, database, server, electronic memory, processor, communication device perform(s) the steps or functions of transmitting at least one relevant merchant page over a the method comprising: providing: a plurality of merchant pages, each of said merchant pages being associated with respective merchant information, the merchant information comprising an identity and/or location of a merchant, and said merchant pages containing content customized by the merchant; and receiving, a signal, the signal encoding merchant information and an information request; A) authenticates access by a merchant to respective merchant pages through a merchant interface, thereby permitting customization of the respective merchant pages; and B) independent of A): processes the signal to identify the merchant information encoded by the signal; accesses a plurality of merchant pages; identifies, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, memory, mobile device, communication network, computer server, database, server, electronic memory, processor, communication device to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of presenting a merchant page on the mobile device. As discussed above, taking the claim elements separately, the system, memory, mobile device, communication network, computer server, database, server, electronic memory, processor, communication device perform(s) the steps or functions of transmitting at least one relevant merchant page over a the method comprising: providing: a plurality of merchant pages, each of said merchant pages being associated with respective merchant information, the merchant information comprising an identity and/or location of a merchant, and said merchant pages containing content customized by the merchant; and receiving, a signal, the signal encoding merchant information and an information request; A) authenticates access by a merchant to respective merchant pages through a merchant interface, thereby permitting customization of the respective merchant pages; and B) independent of A): processes the signal to identify the merchant information encoded by the signal; accesses a plurality of merchant pages; identifies, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of presenting a merchant page on the mobile device. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-7, and 9-13 further describe the abstract idea of presenting a merchant page on the mobile device. Claim(s) 2-7, and 9-13 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, mobile device, beacon, database, computer server to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of presenting a merchant page on the mobile device. As discussed above, taking the claim elements separately, the system, mobile device, beacon, database, computer server perform(s) the steps or functions of wherein the signal is generated by a user scanning a machine-readable code; wherein the signal is generated upon entering into a transmission field located at a location; wherein the plurality of merchant pages stored in indexed according to the merchant information; wherein the machine-readable code is scanned and decoded; wherein the merchant information is identified; wherein the merchant information is identified. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of presenting a merchant page on the mobile device. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
A. Claim(s) 1, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linh et al., (U.S. Patent Application Publication No. 20140089134) in view of Chu et al. (U.S. Patent No. 8401911).
As to Claim 1, Linh teaches a method for transmitting at least one relevant merchant page to a mobile device over a communication network, the method comprising:providing:a computer server connected to a communication network; (0010: FIG. 1 is a network diagram of a merchant system including a user device, a communications network and a merchant server),a database accessible by the server, the database comprising an electronic memory having stored thereon a plurality of merchant pages, each of said merchant pages being associated with respective merchant information (0019: FIG. 4G is a software flow diagram for uploading seller product to a merchant server and database according to an embodiment of the invention) (0016: FIG. 6 is a system database diagram for data stored in the memory of a merchant server or a database according to an embodiment of the invention), and (0032: FIG. 1, the system 100 of the instant invention includes user device 102a or user computer 102b associated with a user 101, a communications network 104, a merchant server 106 connected to a database 108, a seller computer 110, and a recipient device 112 associated with a recipient 111 (who receives user content as described below). As one skilled in the art will appreciate, the seller computer 110 and recipient device 112 can be any computing device capable of connecting to the communications network 104 and receiving data from same to enable system interaction with a seller (not shown) or the recipient 111 to receive information regarding products for sale. For example, seller computer and recipient device may be a desktop, laptop, personal digital assistant (PDA), cellular telephone such as a Smartphone, computer tablet, networked computer display, computer server, WebTV, as well as any other electronic device.), the merchant information comprising an identity and/or location of a merchant (0039: merchant information), and said merchant pages containing content customized by the merchant; (0030: customized product page to the user with products that have at least a 50% match or other suitable percentage match to user preferences; and refining customized product pages presented to the user by the user's ratings of products and product purchases), and (164: a merchant place page 1410 is created. The merchant place page 1410 may correspond to a particular store, by referencing the store's physical address, or by referencing the store's store number, or by some other type of identifier that allows for unique identification of the merchant's physical location),a processor, coupled to the server, the database, and the communication device, the processor being programmed with executable code; (0058: a processor 502 and an input/output device ("I/O device") 501. I/O device 501 connects the user device 102 to a signal from the communications network 104, and can be any I/O device including, but not limited to a network card/controller connected by a PCI bus to the motherboard.),receiving at the server, a signal from the mobile device, the signal encoding merchant information and an information request; (92: computer 910 may be configured as an Internet search engine/web server. In this embodiment, a consumer may conduct an Internet search for a specific product. In response to the consumer's search request, computer 910 may provide search results, including product availability estimation output 930. The search results may include nearby commercial retailers that carry the product, as well as the product availability estimation output 930 for each of those retailers, for example, to indicate whether the product is available for sale at each of the nearby retail stores. Alternatively, computer 910 may be configured as a stand-alone product availability estimation system such that output 930 is communicatively coupled to, for example, an Internet search engine/web server. In response to an Internet search for a specific product, this alternative embodiment may behave as just described, with the exception that the web server and computer 910 are distinct pieces of hardware. Accordingly, the web server may query computer 910 to obtain product availability estimation output 930 (on a per-store basis), so that this information may be provided along with the search results),wherein the processor:A) authenticates access by a merchant to respective merchant pages through a merchant interface, thereby permitting customization of the respective merchant pages; and (0043: Returning to FIG. 3, the product module 312, for example, includes instructions that create a customized product page for a user. As one skilled in the art will appreciate, the customized product page may be created when the user connects to the service by logging into the user's account with the merchant server, when the user requests such page is refreshed, for example, after logging into the account, and/or may be emailed to a user email account daily. In some embodiments, the customized product page includes a list of products that match the user preferences as extracted above and keywords related to products listed in the database by the seller. In this regard, some embodiments may include instructions to extract from the seller's product description particular keywords such as product type, product manufacturer), product size if applicable, gender, if applicable, price, discounts, color, etc. For example, the product type may be a radio, television, computer, pants, etc., and the product manufacturer may be Sony.RTM., Apple.RTM., Gap.RTM., etc. From these keywords, the product module may include instructions to both match one or more of the user preferences and disqualify a match that does not match other user preferences. For example, if the user is a man that likes pants from the GAP.RTM., the instructions may exclude women's pants from the GAP.RTM. from the customized product page based upon a failed gender match even though there was a match for pants from the GAP.RTM..), (Examiner notes: user log in to his account at the merchant server which can be the authentication of the access to the merchant, and based on the request of the user a customized product page is customized to be displayed to the user).
Linh does not teach processes the signal to identify the merchant information encoded by the signal;
accesses the database containing a plurality of merchant pages;
identifies in the database, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page to the mobile device.
However Chu teaches processes the signal to identify the merchant information encoded by the signal; (18: identifying in-stock popular items at a merchant location), accesses the database containing a plurality of merchant pages; (7: This product information can be created by reference to a product availability database and a product popularity database. The product availability database may be populated with information provided by the merchant, or otherwise obtained, taking into account the inventory available at the merchant's physical location. Next, a cross-referencing engine may identify the popular products that are available at the merchant's physical location, and identify… and display on the merchant's place page a plurality of popular items that are available at the merchant's physical location.),identifies in the database, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page to the mobile device; (5: provide a relevant page that allows a customer or user to determine whether nearby merchants have in-stock a particular desired product and 7: display on the merchant's place page a plurality of popular items that are available at the merchant's).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Linh to include identifies in the database, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page to the mobile device of Chu. Motivation to do so comes from the knowledge well known in the art that identifies in the database, the at least one relevant merchant page, wherein said at least one relevant merchant page comprises at least one merchant page associated with the merchant information identified in the signal; and transmits the at least one relevant merchant page to the mobile device would provide more information for the determination of what merchant and product to be displayed to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 8, Linh teaches a system for presenting at least one relevant merchant page on a mobile device, the system comprising:a computer server connected to a communication network; (0010: FIG. 1 is a network diagram of a merchant system including a user device, a communications network and a merchant server),a database accessible by the server, the database comprising an electronic memory having stored thereon a plurality of merchant pages, each of said merchant pages being associated with merchant information (0019: FIG. 4G is a software flow diagram for uploading seller product to a merchant server and database according to an embodiment of the invention) (0016: FIG. 6 is a system database diagram for data stored in the memory of a merchant server or a database according to an embodiment of the invention), and (0032: FIG. 1, the system 100 of the instant invention includes user device 102a or user computer 102b associated with a user 101, a communications network 104, a merchant server 106 connected to a database 108, a seller computer 110, and a recipient device 112 associated with a recipient 111 (who receives user content as described below). As one skilled in the art will appreciate, the seller computer 110 and recipient device 112 can be any computing device capable of connecting to the communications network 104 and receiving data from same to enable system interaction with a seller (not shown) or the recipient 111 to receive information regarding products for sale. For example, seller computer and recipient device may be a desktop, laptop, personal digital assistant (PDA), cellular telephone such as a Smartphone, computer tablet, networked computer display, computer server, WebTV, as well as any other electronic device.), of respective merchants (0039: merchant information), and containing content customized by the merchant; (0030: customized product page to the user with products that have at least a 50% match or other suitable percentage match to user preferences; and refining customized product pages presented to the user by the user's ratings of products and product purchases), and (164: a merchant place page 1410 is created. The merchant place page 1410 may correspond to a particular store, by referencing the store's physical address, or by referencing the store's store number, or by some other type of identifier that allows for unique identification of the merchant's physical location),a processor, coupled to the server, the database, and the communication device, the processor being programmed with executable code; (0058: a processor 502 and an input/output device ("I/O device") 501. I/O device 501 connects the user device 102 to a signal from the communications network 104, and can be any I/O device including, but not limited to a network card/controller connected by a PCI bus to the motherboard.),the server comprising a merchant interface accessible by merchants (92: computer 910 may be configured as an Internet search engine/web server. In this embodiment, a consumer may conduct an Internet search for a specific product. In response to the consumer's search request, computer 910 may provide search results, including product availability estimation output 930. The search results may include nearby commercial retailers that carry the product, as well as the product availability estimation output 930 for each of those retailers, for example, to indicate whether the product is available for sale at each of the nearby retail stores. Alternatively, computer 910 may be configured as a stand-alone product availability estimation system such that output 930 is communicatively coupled to, for example, an Internet search engine/web server. In response to an Internet search for a specific product, this alternative embodiment may behave as just described, with the exception that the web server and computer 910 are distinct pieces of hardware. Accordingly, the web server may query computer 910 to obtain product availability estimation output 930 (on a per-store basis), so that this information may be provided along with the search results), wherein the processor is programmed to authenticate a merchant and to permit the merchant access to customize respective merchant pages associated with the merchant; (0043: Returning to FIG. 3, the product module 312, for example, includes instructions that create a customized product page for a user. As one skilled in the art will appreciate, the customized product page may be created when the user connects to the service by logging into the user's account with the merchant server, when the user requests such page is refreshed, for example, after logging into the account, and/or may be emailed to a user email account daily. In some embodiments, the customized product page includes a list of products that match the user preferences as extracted above and keywords related to products listed in the database by the seller. In this regard, some embodiments may include instructions to extract from the seller's product description particular keywords such as product type, product manufacturer), product size if applicable, gender, if applicable, price, discounts, color, etc. For example, the product type may be a radio, television, computer, pants, etc., and the product manufacturer may be Sony.RTM., Apple.RTM., Gap.RTM., etc. From these keywords, the product module may include instructions to both match one or more of the user preferences and disqualify a match that does not match other user preferences. For example, if the user is a man that likes pants from the GAP.RTM., the instructions may exclude women's pants from the GAP.RTM. from the customized product page based upon a failed gender match even though there was a match for pants from the GAP.RTM..), (Examiner notes: user log in to his account at the merchant server which can be the authentication of the access to the merchant, and based on the request of the user a customized product page is customized to be displayed to the user),the processor further being programmed to: receive a signal from the mobile device, the signal encoding an information request and merchant information associated with at least one merchant page; (0019: FIG. 4G is a software flow diagram for uploading seller product to a merchant server and database according to an embodiment of the invention) (0016: FIG. 6 is a system database diagram for data stored in the memory of a merchant server or a database according to an embodiment of the invention), and (0032: FIG. 1, the system 100 of the instant invention includes user device 102a or user computer 102b associated with a user 101, a communications network 104, a merchant server 106 connected to a database 108, a seller computer 110, and a recipient device 112 associated with a recipient 111 (who receives user content as described below). As one skilled in the art will appreciate, the seller computer 110 and recipient device 112 can be any computing device capable of connecting to the communications network 104 and receiving data from same to enable system interaction with a seller (not shown) or the recipient 111 to receive information regarding products for sale. For example, seller computer and recipient device may be a desktop, laptop, personal digital assistant (PDA), cellular telephone such as a Smartphone, computer tablet, networked computer display, computer server, WebTV, as well as any other electronic device.),query the database to identify at least one merchant page associated the merchant information; and (92: computer 910 may be configured as an Internet search engine/web server. In this embodiment, a consumer may conduct an Internet search for a specific product. In response to the consumer's search request, computer 910 may provide search results, including product availability estimation output 930. The search results may include nearby commercial retailers that carry the product, as well as the product availability estimation output 930 for each of those retailers, for example, to indicate whether the product is available for sale at each of the nearby retail stores. Alternatively, computer 910 may be configured as a stand-alone product availability estimation system such that output 930 is communicatively coupled to, for example, an Internet search engine/web server. In response to an Internet search for a specific product, this alternative embodiment may behave as just described, with the exception that the web server and computer 910 are distinct pieces of hardware. Accordingly, the web server may query computer 910 to obtain product availability estimation output 930 (on a per-store basis), so that this information may be provided along with the search results).
Linh does not teach transmit the at least one merchant page to the mobile device.
However Chu teaches transmit the at least one merchant page to the mobile device; (5: provide a relevant page that allows a customer or user to determine whether nearby merchants have in-stock a particular desired product and 7: display on the merchant's place page a plurality of popular items that are available at the merchant's).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Linh to include transmit the at least one merchant page to the mobile device of Chu. Motivation to do so comes from the knowledge well known in the art that transmit the at least one merchant page to the mobile device would provide a merchant and product to be displayed to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
B. Claim(s) 2, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linh et al., (U.S. Patent Application Publication No. 20140089134) in view of Chu et al. (U.S. Patent No. 8401911) in view of Puertas, (U.S. Patent Application Publication No. 20150127490).
As to Claim 2, Linh and Chu teach the method of claim 1.
Linh and Chu do not teach wherein the signal is generated by a user scanning a machine- readable code using the mobile device.
However Puertas teaches wherein the signal is generated by a user scanning a machine- readable code using the mobile device; (0043: Users just need to open the app in their cellular device, point the camera of their cellular device the product they like and scan the product or focus on barcode or QR code 2D, bulls eye code, and analogous codes).
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 signal is generated by a user scanning a machine-readable code using the mobile device. Motivation to do so comes from the knowledge well known in the art that wherein the signal is generated by a user scanning a machine- readable code using the mobile device would provide a faster way and easier way for the user to scan and pay for the product which would therefore make the method/system more efficient.
As to Claim 9, Linh and Chu teach the system of claim 8.
Linh and Chu do not teach wherein the signal is generated by a user scanning a machine- readable code using the mobile device.
However Puertas teaches wherein the signal is generated by a user scanning a machine- readable code using the mobile device; (0043: Users just need to open the app in their cellular device, point the camera of their cellular device the product they like and scan the product or focus on barcode or QR code 2D, bulls eye code, and analogous codes).
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 signal is generated by a user scanning a machine-readable code using the mobile device. Motivation to do so comes from the knowledge well known in the art that wherein the signal is generated by a user scanning a machine- readable code using the mobile device would provide a faster way and easier way for the user to scan and pay for the product which would therefore make the method/system more efficient.
C. Claim(s) 3, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linh et al., (U.S. Patent Application Publication No. 20140089134) in view of Chu et al. (U.S. Patent No. 8401911) in view of Evans et al., (U.S. Patent No. 6311060).
As to Claim 3, Linh and Chu teach the method of claim 1.
Linh and Chu do not teach wherein the signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon located at a location.
However Evans teaches wherein the signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon located at a location; (116: the mobile cellular communications device 34 knows that it has entered another CMR system. The mobile cellular communications device 34 can generate a beacon-responsive signal to inform the data collection system 40 of its new CMR system).
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 signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon located at a location. Motivation to do so comes from the knowledge well known in the art that wherein the signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon located at a location would provide a faster way and easier way for the user to be identified by a beacon or a sensor which would therefore make the method/system more efficient.
As to Claim 11, Linh and Chu teach the system of claim 8.
Linh and Chu do not teach wherein the signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon.
However Evans teaches wherein the signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon; (116: the mobile cellular communications device 34 knows that it has entered another CMR system. The mobile cellular communications device 34 can generate a beacon-responsive signal to inform the data collection system 40 of its new CMR system).
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 signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon. Motivation to do so comes from the knowledge well known in the art that wherein the signal is generated by the mobile device upon the mobile device entering into a transmission field of a beacon would provide a faster way and easier way for the user to be identified by a beacon or a sensor which would therefore make the method/system more efficient.
As to Claim 12, Linh and Chu teach the system of claim 11.
Linh and Chu do not teach further comprising a plurality of beacons at a plurality of merchant locations.
However Evans teaches further comprising a plurality of beacons at a plurality of merchant locations; (116: the mobile cellular communications device 34 knows that it has entered another CMR system. The mobile cellular communications device 34 can generate a beacon-responsive signal to inform the data collection system 40 of its new CMR system).
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 a plurality of beacons at a plurality of merchant locations. Motivation to do so comes from the knowledge well known in the art that further comprising a plurality of beacons at a plurality of merchant locations would provide a sensor that can be used to identify a user entering a merchant which would therefore make the method/system more efficient.
D. Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linh et al., (U.S. Patent Application Publication No. 20140089134) in view of Chu et al. (U.S. Patent No. 8401911) in view of Kim, (U.S. Patent Application Publication No. 20040199419).
As to Claim 4, Linh and Chu teach the method of claim 1.
Linh and Chu do not teach wherein the plurality of merchant pages stored on the database is indexed according to the merchant information.
However Kim teaches wherein the plurality of merchant pages stored on the database is indexed according to the merchant information; (0021: merchant web pages is indexed and a fulfill-text index database 110).
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 plurality of merchant pages stored on the database is indexed according to the merchant information. Motivation to do so comes from the knowledge well known in the art that wherein the plurality of merchant pages stored on the database is indexed according to the merchant information would provide a merchant a storage where he can store product information that can be used to be provided to the user based on his profile and that would promote an increase in the sales and would therefore make the method/system more profitable and more efficient.
As to Claim 13, Linh and Chu teach the system of claim 8.
Linh and Chu do not teach wherein the plurality of merchant pages stored on the database is indexed according to the merchant information.
However Kim teaches wherein the plurality of merchant pages is stored on the database is indexed according to the merchant information; (0021: merchant web pages is indexed and a fulfill-text index database 110).
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 plurality of merchant pages stored on the database is indexed according to the merchant information. Motivation to do so comes from the knowledge well known in the art that wherein the plurality of merchant pages stored on the database is indexed according to the merchant information would provide a merchant a storage where he can store product information that can be used to be provided to the user based on his profile and that would promote an increase in the sales and would therefore make the method/system more profitable and more efficient.
E. Claim(s) 5, 6, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linh et al., (U.S. Patent Application Publication No. 20140089134) in view of Chu et al. (U.S. Patent No. 8401911) in view of Lim et al. (U.S. Patent No. 8413884).
As to Claim 5, Linh and Chu teach the method of claim 2.
Linh and Chu do not teach wherein the machine-readable code is scanned and decoded by the mobile device.
However Lim wherein the machine-readable code is scanned and decoded by the mobile device; (4: a barcode or similar symbology on product packaging. The symbology includes encoded information that identifies the product in a manner recognizable by a computer. The symbology may be scanned by a barcode reader, which, in turn, decodes the symbology, thereby identifying a purchased product or the like to the computer or a user.), and (13: a consumer may use a wireless device 20 to scan, image or otherwise input a code, such as a QR code, encountered in the real world. The wireless device 20 may be any type of device, heretofore known or later developed, which is operable to receive an input, image or scan of a code by a consumer, and which further includes a transmitter and a receiver for communicating signals over a wireless communications network. In various embodiments, the wireless device 20 may be a cellular telephone having an imaging device, such as a still or video camera.).
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 machine-readable code is scanned and decoded by the mobile device. Motivation to do so comes from the knowledge well known in the art that wherein the machine-readable code is scanned and decoded by the mobile device would provide a faster way for the code to be decoded and displayed to the customer or user and that would therefore make the method/system more efficient.
As to Claim 6, Linh, Chu, and Lim teach the method of claim 5.
Linh further teaches wherein the merchant information is identified by the mobile device; (0032: FIG. 1, the system 100 of the instant invention includes user device 102a or user computer 102b associated with a user 101, a communications network 104, a merchant server 106 connected to a database 108, a seller computer 110, and a recipient device 112 associated with a recipient 111 (who receives user content).
As to Claim 7, Linh, Chu, and Lim teach the method of claim 5.
Linh further teaches wherein the merchant information is identified by the computer server; (0032: FIG. 1, the system 100 of the instant invention includes user device 102a or user computer 102b associated with a user 101, a communications network 104, a merchant server 106 connected to a database 108, a seller computer 110, and a recipient device 112 associated with a recipient 111 (who receives user content and… can be information about the merchant).
E. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linh et al., (U.S. Patent Application Publication No. 20140089134) in view of Chu et al. (U.S. Patent No. 8401911) in view of Puertas, (U.S. Patent Application Publication No. 20150127490) in view of Lim et al. (U.S. Patent No. 8413884).
As to Claim 10, Linh, Chu, and Puertas teach the method of claim 9.
Linh, Chu, and Puertas do not teach further comprising a plurality of machine-readable codes at a plurality of merchant locations.
However Lim teaches further comprising a plurality of machine-readable codes at a plurality of merchant locations; (4: a barcode or similar symbology on product packaging. The symbology includes encoded information that identifies the product in a manner recognizable by a computer. The symbology may be scanned by a barcode reader, which, in turn, decodes the symbology, thereby identifying a purchased product or the like to the computer or a user.), and (13: a consumer may use a wireless device 20 to scan, image or otherwise input a code, such as a QR code, encountered in the real world. The wireless device 20 may be any type of device, heretofore known or later developed, which is operable to receive an input, image or scan of a code by a consumer, and which further includes a transmitter and a receiver for communicating signals over a wireless communications network. In various embodiments, the wireless device 20 may be a cellular telephone having an imaging device, such as a still or video camera.).
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 a plurality of machine-readable codes at a plurality of merchant locations. Motivation to do so comes from the knowledge well known in the art that further comprising a plurality of machine-readable codes at a plurality of merchant locations would provide a faster way for the code to be scanned and displayed to the customer or user and that would therefore make the method/system more efficient.
NPL Reference
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “SYSTEM AND METHOD FOR MERCHANT DISCOVERY AND TRANSFER OF PAYMENT DATA” describes “A method and system are provided for communicating with a merchant server and transferring payment data in a transaction between a mobile device and a merchant server. A user of the mobile device has a user identifier registered with the system and the merchant server has a merchant identifier registered with the system. The method comprises the steps of: receiving the merchant identifier from the mobile device; determining a merchant server address associated with the merchant identifier; establishing a communication channel with the merchant server; exchanging interactive information requests and responses between the merchant server and the mobile device; determining payment data associated with the user identifier; and providing the payment data to the merchant server.”.
Pertinent Art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#US20150126119A1 teaches similar invention which describes Systems and methods for transmitting beacon messages are described. A beacon message is transmitted from a first beacon device and broadcast to an area within a transmission range of the first beacon device. A mobile device receives and stores the message. When the mobile device is out of the range of the first beacon device and within the range of a second beacon device, the message is transmitted to the second beacon device and broadcast by the second beacon device.
Conclusion
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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