DETAILED ACTION
Status of the Application
Claims 1-17 are pending and currently under consideration for patentability under 37 CFR 1.104.
Priority
The instant application has a filing date of February 24, 2025 and claims priority as a continuation (CON) of US non-provisional application # 18/048,936 (filed October 24, 2022), which claims priority as a continuation-in-part (CIP) of US non-provisional application # 17/120,528 (filed on December 14, 2020), which claims for the benefit of a prior-filed provisional application # 62/948,178 (filed on December 13, 2019).
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 24, 2025 has been considered by the examiner.
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.
v Claim(s) 1-17 is/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.
Step 1:
Claim(s) 1-17 is/are drawn to systems (i.e., a machine/manufacture). As such, claims 1-17 is/are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Claim 1 recites/describes the following steps;
receive from the business…a signal to activate real-time coupon distribution including predetermined time to operate the real-time coupon distribution, a demographic of individuals to receive the real-time coupon, a condition to automatically trigger distribution of the real-time coupon, and a coupon type with times for valid use of the real-time coupon and automatically generate and send for auto-execution instructions to establish a proximity zone around the business…
wherein the condition to automatically trigger distribution of the real-time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon;
determine how many user…that are activated inside the proximity zone and general demographics of users of a plurality of user…within the proximity zone without sharing identifying information with the business
establish a demographic of individuals to receive a real-time coupon based on general demographics of users of the plurality of user…within the proximity zone in response to the demographic of individuals to receive the real- time coupon established by the business
receive a signal from the first user…that the first user…is within the proximity zone;
automatically establish a connection…in response to receiving the signal…that the first user…is within the proximity zone;
determine that the condition to automatically trigger distribution of the real-time coupon has been met;
determine that the demographic of the first user…corresponds with the established demographic of individuals to receive the real-time coupon;
automatically generate and send…the real- time coupon associated with the business operating the business…only if the trigger condition is met ;
share the general demographics of the user only with permission of the users
These steps, under its broadest reasonable interpretation, describe or set-forth a process for location-based targeting of users with marketing/advertising. More specifically, the process comprises receiving information from a business to establish conditions for providing real-time coupon distribution ( including predetermined time to operate the real-time coupon distribution, a demographic of individuals to receive the real-time coupon, a condition to automatically trigger distribution of the real-time coupon, and a coupon type with times for valid use of the real-time coupon, instructions to establish a proximity zone around the business, and wherein the condition to automatically trigger distribution of the real-time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon), determining how many user are activated inside the proximity zone and general demographics of users of a plurality of user within the proximity zone without sharing identifying information with the business, establishing a demographic of individuals to receive a real-time coupon based on general demographics of users of the plurality of user within the proximity zone in response to the demographic of individuals to receive the real- time coupon established by the business, receiving a signal from the first user that the first user is within the proximity zone; determining that the condition to automatically trigger distribution of the real-time coupon has been met; determining that the demographic of the first user corresponds with the established demographic of individuals to receive the real-time coupon; automatically generating and sending the real- time coupon associated with the business operating the business only if the trigger condition is met; and sharing the general demographics of the user only with permission of the users. This process amounts to a commercial or legal interactions (specifically, an advertising, marketing or sales activity or behavior; business relations). These limitations therefore fall within the “certain methods of organizing human activity” subject matter grouping of abstract ideas.
As such, the Examiner concludes that claim 1 recites an abstract idea (Step 2A – Prong One: YES).
Each of the depending claims likewise recite/describe these steps (by incorporation - and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis. Any element(s) recited in a dependent claim that are not specifically identified/addressed by the Examiner under step 2A (prong two) or step 2B of this analysis shall be understood to be an additional part of the abstract idea recited by that particular claim. The same reasoning is similarly applicable to the limitations in the remaining dependent claims, and their respective limitations are not reproduced here for the sake of brevity.
Step 2A - Prong Two:
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “addition element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The claim(s) recite the additional elements/limitations of
“a proximity coupon distribution system comprising: a computer server having a memory storing business data and user data; a business computing device coupled to the computer server, the business computing device located within a business; and a first user computing device coupled to the computer server, the computer server programmed to” (claim 1)
“from the business computing device… the business computing device…user computing devices…users of a plurality of user computing devices…the business computing device… users of the plurality of user computing devices…the business computing device…the first user computing device…the first user computing device…between the computer server and the first user computing device…from the first user computing device…the first user computing device…the first user computing device…for display on the first user computing device…operating the business computing device” (claim 1)
“wherein the business computing device operates an application that provides a business interface” (claim 2)
“comprising more than one user computing device” (claim 3)
“wherein the business interface shows how many of the user computing devices are activated in the proximity zone” (claim 4)
“wherein the proximity zone comprises an NFC zone” (claim 8)
“wherein the proximity zone comprises a Wi-Fi signal quadrant” (claim 9)
“wherein the real-time coupon is selected from the group consisting of an internet coupon, a mobile coupon, and/or a mobile app coupon” (claim 13)
“wherein the user computing device is a smartphone or tablet” (claim 16)
“wherein the business computing device is a smartphone or tablet” (claim 17)
The requirement to execute the claimed steps/functions using “a proximity coupon distribution system comprising: a computer server having a memory storing business data and user data; a business computing device coupled to the computer server, the business computing device located within a business; and a first user computing device coupled to the computer server, the computer server programmed to” (claim 1) and/or “from the business computing device… the business computing device…user computing devices…users of a plurality of user computing devices…the business computing device… users of the plurality of user computing devices…the business computing device…the first user computing device…the first user computing device…between the computer server and the first user computing device…from the first user computing device…the first user computing device…the first user computing device…for display on the first user computing device…operating the business computing device” (claim 1) is equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. Applicant’s own disclosure explains that these “additional” elements may be embodied as a general-purpose computer (e.g., the published specification at paragraphs [0028]-[0033] “aspects of the present invention may take the form of…an embodiment combining software and hardware aspects that may all generally be referred to herein as a "circuit," "module" or "system."… Any combination of one or more computer readable medium(s) may be utilized…remote computer may be connected to the user’s computer through any type of network…the internet…It will be understood that each block of the flowchart illustrations and/or block diagrams, and combinations of blocks in the flowchart illustrations and/or block diagrams, can be implemented by computer program instructions. These computer program instructions may be provided to a processor of a general-purpose computer…”, see also [0019]-[0021] “smartphone or tablet… smartphone or tablet…server…computer server…”). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
The recited additional element(s) of “a proximity coupon distribution system comprising: a computer server having a memory storing business data and user data; a business computing device coupled to the computer server, the business computing device located within a business; and a first user computing device coupled to the computer server, the computer server programmed to” (claim 1) and/or “from the business computing device… the business computing device…user computing devices…users of a plurality of user computing devices…the business computing device… users of the plurality of user computing devices…the business computing device…the first user computing device…the first user computing device…between the computer server and the first user computing device…from the first user computing device…the first user computing device…the first user computing device…for display on the first user computing device…operating the business computing device” (claim 1) and/or “wherein the business computing device operates an application that provides a business interface” (claim 2) and/or “comprising more than one user computing device” (claim 3) and/or “wherein the business interface shows how many of the user computing devices are activated in the proximity zone” (claim 4) and/or “wherein the proximity zone comprises an NFC zone” (claim 8) and/or “wherein the proximity zone comprises a Wi-Fi signal quadrant” (claim 9) and/or “wherein the real-time coupon is selected from the group consisting of an internet coupon, a mobile coupon, and/or a mobile app coupon” (claim 13) and/or “wherein the user computing device is a smartphone or tablet” (claim 16) and/or “wherein the business computing device is a smartphone or tablet” (claim 17) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to computing environments, such as distributed computing environments and/or the internet, where information is represented digitally, exchanged between computers over a network, and presented using graphical user interfaces. Some of these limitations also serve merely to limit the abstract idea to distributed computing environments where the network uses NFC or Wi-Fi (claims 8 and 9), where the distributed computing nodes are particular types of general-purpose computers (claims 16 and 17), and where the coupon is a particular type of digital coupon (claim 13). This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(g)).
Furthermore, although the claims recite a specific sequence of computer-implemented functions, and although the specification suggests certain functions may be advantageous for various reasons (e.g., business reasons), the Examiner has determined that the ordered combination of claim elements (i.e., the claims as a whole) are not directed to an improvement to computer functionality/capabilities, an improvement to a computer-related technology or technological environment, and do not amount to a technology-based solution to a technology-based problem. For example, Applicant’s published specification suggests that it is advantageous to implement the claimed business process because doing so can provide a merchant/business with an effective mechanism for increasing sales/revenue in a cost-effective manner while respective user privacy, can move perishable inventory, and a variety of other subjective business improvements (see, for example, Applicant’s as-filed disclosure at paragraphs [0003]-[0004] and [0026] ). These are non-technical business advantages/improvements. At most, the ordered combination of claim elements is directed to a non-technical improvement to an abstract idea itself (e.g., an improved process for location-based targeting of users with marketing/advertising).
Dependent claims 5-7, 10-12, 14, and 15 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims 5-7, 10-12, 14, and 15 is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim). For example, claim 5 recites “wherein the proximity zone is a predetermined size”. This is an abstract limitation which further sets forth the abstract idea encompassed by claim 5. This limitation is not an “additional element”, and therefore it is not subject to further analysis under Step 2A- Prong Two or Step 2B. The same logic applies to each of the other dependent claims, whose limitations are not being repeated here for the sake of brevity and clarity. With respect to the other dependent claims not specifically listed here - each of the limitations/elements recited in these dependent claims other than those identified as being “additional” elements above (at the beginning of the Prong One analysis), are further part of the abstract idea encompassed by each respective dependent claim (i.e. it should be understood that these limitations are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B:
In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an "inventive concept." An "inventive concept" is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself. Alice Corp., 134 S. Ct. at 2355, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966)
As discussed above in “Step 2A – Prong 2”, the requirement to execute the claimed steps/functions using “a proximity coupon distribution system comprising: a computer server having a memory storing business data and user data; a business computing device coupled to the computer server, the business computing device located within a business; and a first user computing device coupled to the computer server, the computer server programmed to” (claim 1) and/or “from the business computing device… the business computing device…user computing devices…users of a plurality of user computing devices…the business computing device… users of the plurality of user computing devices…the business computing device…the first user computing device…the first user computing device…between the computer server and the first user computing device…from the first user computing device…the first user computing device…the first user computing device…for display on the first user computing device…operating the business computing device” (claim 1) is equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. These limitations therefore do not qualify as “significantly more” (see MPEP 2106.05(f)).
As discussed above in “Step 2A – Prong 2”, the recited additional element(s) of “a proximity coupon distribution system comprising: a computer server having a memory storing business data and user data; a business computing device coupled to the computer server, the business computing device located within a business; and a first user computing device coupled to the computer server, the computer server programmed to” (claim 1) and/or “from the business computing device… the business computing device…user computing devices…users of a plurality of user computing devices…the business computing device… users of the plurality of user computing devices…the business computing device…the first user computing device…the first user computing device…between the computer server and the first user computing device…from the first user computing device…the first user computing device…the first user computing device…for display on the first user computing device…operating the business computing device” (claim 1) and/or “wherein the business computing device operates an application that provides a business interface” (claim 2) and/or “comprising more than one user computing device” (claim 3) and/or “wherein the business interface shows how many of the user computing devices are activated in the proximity zone” (claim 4) and/or “wherein the proximity zone comprises an NFC zone” (claim 8) and/or “wherein the proximity zone comprises a Wi-Fi signal quadrant” (claim 9) and/or “wherein the real-time coupon is selected from the group consisting of an internet coupon, a mobile coupon, and/or a mobile app coupon” (claim 13) and/or “wherein the user computing device is a smartphone or tablet” (claim 16) and/or “wherein the business computing device is a smartphone or tablet” (claim 17) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. These limitations therefore do not qualify as “significantly more” (see MPEP 2106.05(g)).
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer, and generally link the abstract idea to a particular technological environment or field of use.
Dependent claims 5-7, 10-12, 14, and 15 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims 5-7, 10-12, 14, and 15 is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea identified by the Examiner to which each respective claim is directed).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
v Claim 1 recites the phrase “share the general demographics of the user only with permission of the users” and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The phrase “the general demographics of the user” technically lacks antecedent basis, as the claims previously refer to “general demographics of users”, and it is unclear as to which of these users is being referred. It is further unclear whether the recitation of “the user” is a typo (e.g., whether Applicant meant to refer to “the users” of the plurality of user computing devices within the proximity zone), or whether Applicant intended to refer to “the first user”. Therefore, the claim is indefinite for failing to particularly and distinctly claim the subject matter which the application regards as the invention. For the purpose of examination, the Examiner will interpret the phrase as being, “share the general demographics of the users of the plurality of user computing devices within the proximity zone only with permission of the users.”
Each of the dependent claims are similarly rejected by virtue of their dependency on this claim.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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 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.
Claims 1-5, 7, 9-13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestro et al. (U.S. PG Pub No. 2018/0060912, March 1, 2018 - hereinafter "Silvestro”) in view of Woods et al. (U.S. PG Pub No. 2014/0351328 - hereinafter "Woods”) in view of Deluca et al. (U.S. PG Pub No. 2018/0310123 October 25, 2018 - hereinafter "Deluca”)
With respect to claim 1, Silvestro teaches a proximity coupon distribution system comprising;
a computer server having a memory storing business data and user data; (Fig 6 tag 485 & [0102]-[0103] “networked system configuration…a computer device illustrated as client 465…connected to one or more other computer device…server connected to network…cloud-based architectures…functions are performed by…server….client may access these resources through an access program, such as a web browser” – therefore the system has a server having a memory to perform many of the functions of the system and clients (e.g., business and/or users) can be coupled to the server via the network/internet, [0007] “obtaining the address or other coordinates of one or more locations of a merchant” – server stores business data, [0039]-[00409] “customer…allowed to sign up/register…information about the user/customer…passed…to the described systems” – user data stored, [0063] “merchant can interact with the described systems…merchant is able to register…through an app and/or…a website…providing certain information…e-mail address…name, street address, phone number…provided to the described systems” – business data stored, [0067] business data)
a business computing device coupled to the computer server; (Figs 4A & 4B & 4C & 4D& 4H show various business interfaces provided to an application operating on a business computing device coupled to the computer server, [0008] providing a merchant with a map” – inherently requires a business computing device coupled to the computer server, [0063] “merchant can interact with the described systems…through an app and/or…a website”, [0103])
a first user computing device coupled to the computer server, (Fig 4h shows plurality of customer/user device, [0006] “providing one or more customers with a mobile app…that can downloaded onto…one or more mobile electronic devices…smart phone…tablet…of such customers”, [0027], [0039], [0103])
the computer server programmed to: receive from the business computing device a signal to activate real-time coupon distribution including predetermine time to operate the real-time coupon distribution ([0010] “merchant…optionally set a time period in which the promotion…can be redeemed (or is otherwise effective)…even if a customer is not in the promotion area when a particular promotion is initially sent, such customer can automatically receive that promotion when the customer enters the promotion area during the effective period of the promotion…” – therefore the time period set by the merchant (e.g., effective period of the promotion) acts as a predetermined time to operate real-time distribution of the coupon, [0075]-[0076] “allow merchants to place effective period on individual promotions…effective period may be set in any suitable manner…set by a merchant…the systems are further configured to automatically send applicable promotions to customers as…they…enter the promotion are during the effective period of such promotions”, Fig 4H tag 395).
a condition to automatically trigger distribution of the real-time coupon ([0074]-[0076] “configured…to allow a merchant to resize a particular promotion area…promotions are only sent to customer in (and/or that enter into) the promotion area…allow merchants to resize the promotion area… the systems are further configured to automatically send applicable promotions to customers as…they…enter the promotion are during the effective period of such promotions” – therefore the merchant sets a geographical condition/requirement to automatically trigger distribution of the real-time coupon (e.g., a user computing device must be within a certain distance/proximity of a merchant’s store to automatically trigger distribution of a real-time coupon) – Examiner notes that this signal likewise is a signal to automatically generate and send for auto-execution instructions to establish a proximity Zone around the business computing devices).
and a coupon “type” (Fig 4F & [0071] “in addition to textual information…the promotions can include any other information…merchant can select to which, or all the merchant locations, the promotion will apply…can select how may people can redeem a promotion…in some cases…a merchant can indicate that only the first 10 customers can take advantage of the promotions” – therefore the merchant can indicate whether or not the coupon is a limited-redemption coupon (i.e., a “type” of coupon) - it is noted that the Examiner is required to give the claims their broadest reasonable interpretation consistent with the specification. Examiner’s specification appears to suggest that coupon applicable to a certain number of customers (e.g., “a discount…for $1 for the first 25 customers”) may be a “type” of coupon. As such, Silvestro discloses a broadest reasonable interpretation of receiving from a business computing device a “coupon type”, consistent with Applicant’s own disclosure. Examiner notes that Applicant’s disclosure fails to provide any other substantive information regarding “coupon type”, and generally speaking this limitation may be interpreted quite broadly. For the sake of expediting prosecution, Examiner notes that Deluca also discloses wherein the business device provides a savings parameter (see Fig 5 tag 508 and [0047]) which may also be interpreted as a “coupon type” parameter)
with times of valid use of the real-time coupon ([0075] “also allow merchants to place effective periods on individual promotions, indicating that such promotions will only be valid during a set period of time. In this manner, a merchant can help encourage customers to act relatively quickly on a promotion. In this regards, the effective period may be set in any suitable manner…merchants can set a specific time period 395 at which a particular promotion will expire”)
and automatically generate and send for auto-execution instructions to establish a proximity zone around the business computing device; (Fig 4F & 4H & 4I shows interfaces where a business defines a geofenced coupon which creates a signal/instructions to the server to activate real-time coupon distribution and automatically generate and send for auto-execution instructions to establish a proximity zone around the business computing device, [0010], [0028] “electronic promotion…include…coupons”, [0072] & [0076]-[0077])
determine how many user computing devices that are activated inside the proximity zone without providing identifying information with the business computing device (Fig 4H “6 subscribed customers in selected radius” and shows them on the map interface, Fig 4I “41 subscribed customers in selected radius”, [0008] “providing a merchant with a map showing the locations of customers in a promotion area…” -shows that the system determines and provides only general information about the user computing devices activated inside the proximity zone (e.g., whether they are a subscriber or not) and that no identifying information (i.e., personal identifying information such as their name) is provided to the business device – Examiner notes that nowhere else does Silvestro discuss sharing of identifying information of users with the business computing device. As such, Silvestro teaches determining and displaying to the business computing device general information associated with user computing devices that are activated inside the proximity zone without providing identifying information (i.e., personal identifying information such as their name), [0034], [0073])
receive a signal from the first user computing device that the first user computing device is within the proximity zone; ([0010] “customer can automatically receive that promotion when the customer enters the promotion area during the effective period of the promotion”, [0074] “promotions are only sent to customers…that enter into…the promotion area” – therefore the system necessarily receives a signal from the user computing device that the user computing device is within the proximity zone, [0076]-[0077], [0085] until the device crosses…the promotion area…launched”
automatically establish a connection between the computer server and the first user computing device in response to receiving the signal from the first user computing device that the first user computing device is within the proximity zone; ([0008] “send electric promotions to one or more customers via text message, a mobile app…systems are configured to send (or push) promotions to customers…” – therefore the server automatically establishes a connection between the computer server and the user computing device to push/transmit the promotion/coupon to the user device, [0010], [0076]-[0077] “automatically send…applicable promotions to customers as…they…enter the promotion area during the effective period…SMS…in-app push notification”)
determine that the condition to automatically trigger distribution of the real-time coupon has been met ([0074]-[0077] “…promotions are only sent to customer in (and/or that enter into) the promotion area… the systems are further configured to automatically send applicable promotions to customers as…they…enter the promotion are during the effective period of such promotions.. …SMS…in-app push notification” – therefore the server is programmed to determine when the condition is met prior to sending out the real-time coupon to user computing devices (e.g., determines when a user computing device is within or has entered within a certain distance/proximity of a merchant’s store prior to sending the real-time coupon), [0049] “coupons…from merchants…sent to the customer’s device as in-app push notification”).
automatically generate and send for display on the first user computing device the real- time coupon associated with the business operating the business computing device only if the trigger condition is met ([0008] “send electric promotions to one or more customers via text message, a mobile app…systems are configured to send (or push) promotions to customers…” – therefore the server automatically generates and sends for display on the user computing device a real- time coupon/promotion associated with the business operating the business computing device, [0010], [0049] “coupons…from merchants…sent to the customer’s device as in-app push notification”, [0076]-[0077] “automatically send…applicable promotions to customers as…they…enter the promotion area during the effective period…SMS…in-app push notification” – because the computers are programmed to send the coupons when certain triggering conditions are met, the coupons are sent “only if the trigger conditions are met” according the programmed logic)
Silvestro does not appear to explicitly disclose,
the business computing device located within a business
However, this language is entirely descriptive and lacks any functional-relationship with the underlying system or device. Any business computing device coupled to the server and configured to send the claimed “signal to activate” to the computer server would read on the claimed invention, regardless of where the business computing device (e.g., merchant laptop) is physically located. As such, this descriptive material merits no patentable weight.
Although Silvestro discloses that the system may collect user demographic data ([0039] “user is allowed to sign up/register…information about the user/customer…sex, age…”), further acknowledges that was known for merchants to tailor/target advertisements to particular demographics ([0004] “some advertising methods tailor advertisements to particular consumers, based on…sex, age, race, income level, etc.”), and even goes so far as to suggest the system’s merchants may target based on demographics ([0084] “in some embodiments…allow merchants to target customers based on the customer geographic location and not necessarily on…age, gender” – saying targeting is “not necessarily” based on demographics does not say they can’t target based on demographics and actually suggests that they may, just that it is not necessary), the Examiner will introduce a secondary reference to more distinctly teach this limitation.. Silvestro does not appear to explicitly disclose,
receive from the business computing device a demographic of individuals to receive the real-time coupon
wherein the condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon
determine general demographics of users of a plurality of user computing devices within the proximity zone without sharing identifying information with the business computing device
establish a demographic of individuals to receive a real-time coupon based on general demographics of users of the plurality of user computing devices within the proximity zone in response the demographic of individuals to receive the real-time coupon established by the business computing device
determine that the demographic of the first user computing device corresponds with the established demographic of individuals to receive the real-time coupon
shares the general demographics of the user only with permission of the users
However, Woods discloses a proximity coupon distribution system, comprising
receive from the business computing device a demographic of individuals to receive the real-time coupon (Fig 4B & [0060]-[0062] “determining aggregated demographic information for a location…identify a gender ratio of users in the geofenced region…said gender ratio may be displayed…this may allow dynamic, real-time display and comparison of demographic information…average ages or age ranges may be displayed…provided to the operator of each venue, allowing them to dynamically adjust offers…for an underrepresented gender” – therefore the server/system determines general demographic of users of a plurality of user computing devices within the proximity zone without sharing identifying information (e.g., avg age, age range(s) of users currently within the proximity zone) and it may present this information to a business computing device and the business may adjust/target certain offers based on this information and therefore the server/system may establish a demographic of individuals (e.g., a certain gender or age range) to receive a real-time offer (coupon per combination with Silvestro) based on the general demographics of users of the plurality of user computing devices within the proximity zone (e.g., based on the business viewing the determined general demographics of users in the proximity zone)), [0088], [0094] “allowing…venue operators to make…decisions dynamically based on real-time demographic data”)
determine general demographics of users of a plurality of user computing devices within the proximity zone without sharing identifying information with the business computing device (Fig 4B & [0060]-[0062] “geolocation monitoring service…receiving notifications from a plurality of devices of users, identifying devices as being within one or more geofenced regions…and determining aggregated demographic information for a location…identify a gender ratio of users in the geofenced region…said gender ratio may be displayed…this may allow dynamic, real-time display and comparison of demographic information…average ages or age ranges may be displayed…provided to the operator of each venue, allowing them to dynamically adjust offers…for an underrepresented gender” – therefore the server/system determines general demographic of users of a plurality of user computing devices (e.g., avg age, age range(s) of users currently within the proximity zone) within the proximity zone without sharing identifying information (e.g., names not provided) and it may present this information to a business computing device and the business may adjust/target certain offers based on this information, [0088], [0094] “allowing…venue operators to make…decisions dynamically based on real-time demographic data”, [0076]-[0083] “periodic updates…may update statistics about each subregion…number of devices (and accordingly user) in each subregion, as well as demographic information or rations…percentage…average age, or an age range…”)
establish a demographic of individuals to receive a real-time coupon based on general demographics of users of the plurality of user computing devices within the proximity zone in response the demographic of individuals to receive the real-time coupon established by the business computing device ([0060]-[0062] “geolocation monitoring service…receiving notifications from a plurality of devices of users, identifying devices as being within one or more geofenced regions…and determining aggregated demographic information for a location…identify a gender ratio of users in the geofenced region…said gender ratio may be displayed…this may allow dynamic, real-time display and comparison of demographic information…average ages or age ranges may be displayed…provided to the operator of each venue, allowing them to dynamically adjust offers…for an underrepresented gender” – therefore the server/system may establish a demographic of individuals (e.g., a certain gender or age range) to receive a real-time offer (coupon per combination with Silvestro) based on the general demographics of users of the plurality of user computing devices within the proximity zone (e.g., based on the business viewing the determined general demographics of users in the proximity zone))
Woods suggests it is advantageous to receive from the business computing device a demographic of individuals to receive the real-time coupon, determine general demographics of users of a plurality of user computing devices within the proximity zone without sharing identifying information with the business computing device, and establish a demographic of individuals to receive a real-time coupon based on general demographics of users of the plurality of user computing devices within the proximity zone in response the demographic of individuals to receive the real-time coupon established by the business computing device, because doing so can enable a business to make real-time targeting/operational decisions dynamically based on real-time demographic data which may enable an advertiser to have greater control over to whom their targeted promotions are distributed ([0060]-[0062] & [0094]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Silvestro to receive from the business computing device a demographic of individuals to receive the real-time coupon, determine general demographics of users of a plurality of user computing devices within the proximity zone without sharing identifying information with the business computing device, and establish a demographic of individuals to receive a real-time coupon based on general demographics of users of the plurality of user computing devices within the proximity zone in response the demographic of individuals to receive the real-time coupon established by the business computing device, as taught by Woods, because doing so would enable a business to make real-time targeting/operational decisions dynamically based on real-time demographic data which may enable an advertiser to have greater control over to whom their targeted promotions are distributed
Furthermore, one of ordinary skill in the art would have recognized that applying the known technique of Woods to the system of Silvestro would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Woods to the system of Silvestro would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to receive from the business computing device a demographic of individuals to receive the real-time coupon, determine general demographics of users of a plurality of user computing devices within the proximity zone without sharing identifying information with the business computing device, and establish a demographic of individuals to receive a real-time coupon based on general demographics of users of the plurality of user computing devices within the proximity zone in response the demographic of individuals to receive the real-time coupon established by the business computing device. Further, applying this technique to Silvestro would have been recognized by one of ordinary skill in the art as resulting in an improved system that would enable a business to make real-time targeting/operational decisions dynamically based on real-time demographic data which may enable an advertiser to have greater control over to whom their targeted promotions are distributed.
Although Silvestro acknowledges that was known for merchants to tailor/target advertisements to particular demographics ([0004] “some advertising methods tailor advertisements to particular consumers, based on…sex, age, race, income level, etc.”), and although Woods explains that a business may select a demographic of individuals to receive a real-time coupon, neither references actually discloses the details associating with sending for display the real-time coupon based on determined demographics of users (e.g., determining a correspondence between the established/selected demographic to target and the demographic associated with devices and sending the coupon in response to determining a match). Although the Examiner could take Official notice that this subsequent step was known at the effective filing date of the claimed invention and heavily inferred by the references, prior art will be cited purely in an effort to expedite prosecution. Silvestro and Woods do not appear to explicitly disclose,
wherein the condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon
determine that the demographic of the first user computing device corresponds with the established demographic of individuals to receive the real-time coupon
wherein the system shares the general demographics of the users only with permission of the users
However, Deluca discloses a proximity coupon distribution system wherein the system analyzes the real-time count of certain users within a geofence and can establish demographic subsets of these users to receive real-time targeted coupons/offers ([0002] coupons, [0029] “determine the count…for users currently in an instantiated geofence…about retail venues…determine a count of qualified users within a geofence…based on determining the count…can activate notification process…demographic criteria”, [0042] “manager system…can perform filtering process and can examine various qualifying criteria…location…demographic based criteria…promotional campaign can be based on…gender…age group”). Deluca further teaches
wherein the condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon ([0029] “determine the count…for users currently in an instantiated geofence…about retail venues… can run filtering process to determine a count of qualified user within a geofence and based on determining the count of qualified users with…exceeded a threshold, can activate notification process…filtering process…can evaluate various criteria, e.g., demographic criteria” – therefore the system determines that a demographic of a first user within the geofence corresponds with an established/target demographic of individuals to receive a real-time notification/coupon, [0041] “manager system…can perform filtering process and can examine various qualifying criteria…demographic based criteria…promotional campaign can be based on…gender…age group”, [0049]-[0051] “manager system…determine a count of users in each of several geofence…can proceed…to initiate performing filtering users as qualified users of the in-geofence users to select certain users of the in-geofence users as designated recipients of a notification…can include examining…demographics information of in-geofence users”, [0058]-[0061] “determine that a notification process has been triggered based on comparing a count of qualified users within a geofence to a threshold…” – system automatically generate/send the notification/coupon based on determining a certain number of users matching the target demographic exceeds a triggering threshold).
determine that the demographic of the first user computing device corresponds with the established demographic of individuals to receive the real-time coupon ([0029] “determine the count…for users currently in an instantiated geofence…about retail venues…can run filtering process to determine whether users within a geofence are qualified users and can run filtering process to determine a count of qualified user within a geofence…based on determining the count…can activate notification process…demographic criteria” – therefore the system determines that a demographic of a first user within the geofence corresponds with an established/target demographic of individuals to receive a real-time notification/coupon, [0042] “manager system…can perform filtering process and can examine various qualifying criteria…demographic based criteria…promotional campaign can be based on…gender…age group”, [0049]-[0051] “manager system…determine a count of users in each of several geofence…can proceed…to initiate performing filtering users as qualified users of the in-geofence users to select certain users of the in-geofence users as designated recipients of a notification…can include examining…demographics information of in-geofence users”, [0058]-[0061] automatically generate/send the notification/coupon based on determining demographic match as well as triggering condition is satisfied).
shares the general demographics of the user only with permission of the users (The general geographics of users (e.g., age, gender, income levels, spending patterns, purchasing preferences – per [0002], [0032, [0055]) may only be shared (e.g., with the retailer/vendor) based on the user registering with the system, which serves as permission for the system to share the information ([0047] “user interface…facilitate registration of a user…by registration…as a registered user, a user can receive certain benefits (e.g., discounts…in exchange the retailer can receive e.g., rights to obtain data of the user…”). This quid pro quo is reiterated in [0002]. As such, Deluca teaches that the system shares general demographics of the user (e.g., age, gender, income level, etc.,) only with permission of the user)
Deluca suggests it is advantageous to include wherein the condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon, and determine that the demographic of the first user computing device corresponds with the established demographic of individuals to receive the real-time coupon, and wherein the system shares the general demographics of the users only with permission of the users because doing so allows the system to actually execute the advertiser’s desire to target certain users based on their associated demographic information as well as control the number of notifications sent (e.g., must be more than a threshold number) while ensuring the tracking and sharing of the user data is permitted by the users ([0029], [0047], [0049]-[0051], [0058]-[0061]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Silvestro in view of Woods to include wherein the condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon, and determine that the demographic of the first user computing device corresponds with the established demographic of individuals to receive the real-time coupon, as taught by Deluca, because doing so allows the system to actually execute the advertiser’s desire to target certain users based on their associated demographic information, as well as control the number of notifications sent (e.g., must be more than a threshold number).
Furthermore, one of ordinary skill in the art would have recognized that applying the known technique of Deluca to the system of Silvestro in view of Woods would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Deluca to the system of Silvestro in view of Woods would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to determine that the demographic of the first user computing device corresponds with the established demographic of individuals to receive the real-time coupon and that a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon has been surpassed. Further, applying this technique to Silvestro in view of Woods would have been recognized by one of ordinary skill in the art as resulting in an improved system that would allow the system to actually execute the advertiser’s desire to target certain users based on their associated demographic information, as well as control the number of notifications sent (e.g., must be more than a threshold number).
Furthermore, 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 condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon, and determine that the demographic of the first user computing device corresponds with the established demographic of individuals to receive the real-time coupon, and wherein the system shares the general demographics of the users only with permission of the user, as taught by DeLuca, since the claimed invention is merely a combination of old elements (targeting criteria and distribution logic), and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have recognized that doing so would allow the system to actually execute the advertiser’s desire to target certain users based on their associated demographic information, as well as control the number of notifications sent (e.g., must be more than a threshold number) while ensuring the tracking and sharing of the user data is permitted by the users.
Furthermore, since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of the triggering condition of DeLuca (i.e., wherein the condition to automatically trigger distribution of the real-time coupon comprises a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals to receive the real-time coupon) for the triggering condition of Silvestro (triggering based on being within or entering the proximity zone). Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious. Both are known triggering conditions that an advertiser may desire to utilize.
With respect to claim 2, Silvestro teaches the system of claim 1;
wherein the business computing device operates an application that provides a business interface (Fig 4A & 4B & 4C & 4D& 4H – various business interfaces provided to the application operating on the business computing device, [0008] business map interface, [0063]-[0064] “merchant can interact with the described systems… through an app and/or…a website…able to manage various aspects of the merchant’s account through an interactive display”, [0103])
With respect to claim 3, Silvestro teaches the system of claim 2;
comprising more than one user computing device (Fig 4h shows plurality of customer/user device, [0006] “providing one or more customers with a mobile app…that can downloaded onto…one or more mobile electronic devices…smart phone…tablet…of such customers”, [0008], [0027])
With respect to claim 4, Silvestro teaches the system of claim 3;
wherein the business interface shows how many of the user computing devices are activated in the proximity zone (Fig 4H “6 subscribed customers in selected radius” and shows them on the map interface, Fig 4I “41 subscribed customers in selected radius”, [0008] “providing a merchant with a map showing the locations of customers in a promotion area…”, [0034], [0073])
With respect to claim 5, Silvestro teaches the system of claim 1;
wherein the proximity zone is a predetermined size (Fig 4H “select rarius by sliding along bar…1 miles” – therefore the proximity zone is a predetermined size as predetermined by the business entity, [0010], [0034], [0072])
With respect to claim 7, Silvestro teaches the system of claim 1;
wherein the proximity zone comprises a geofence (Fig 4H a 1 mile geofence boundary around a merchant location, [0034] “within a certain distance…from a particular merchant location”, [0072])
With respect to claim 9, Silvestro teaches the system of claim 1;
wherein the proximity zone comprises a Wi-Fi signal quadrant ([0052]-[0053] “systems can track the location of the customer’s mobile devices in any suitable manner…Wi-Fi positioning techniques” – therefore the proximity zone can comprise a “Wi-Fi signal quadrant” when Wi-Fi positioning techniques are used to track customer device location)
With respect to claim 10, Silvestro teaches the system of claim 1;
wherein the business data comprises coupon information and/or business contact information (Fig 4B business data input including business contact information, Fig 4C “to create your first coupon click here” & “my coupons” – business data includes coupon information, Fig 4D & 4F & 4H & 4I – coupon and business contact information input, [0009], [0063] “merchant is able to register… providing certain information…e-mail address…name, street address, phone number…provided to the described systems” – business data comprises business contact information, [0070] “merchants are able to create one or more promotions…coupons”)
With respect to claim 11, Silvestro teaches the system of claim 1;
wherein the user data comprise contact information and/or demographic information ([0039] “user is allowed to sign up/register…information about the user/customer…name, sex, age…telephone number…mobile number”)
With respect to claim 12, Silvestro teaches the system of claim 11;
wherein the contact information comprises address, email and/or phone number ([0039] “user is allowed to sign up/register…information about the user/customer…e-mail address…telephone number, physical address…mobile number”)
With respect to claim 13, Silvestro teaches the system of claim 1;
wherein the coupon is selected from the group consisting of an internet coupon, a mobile coupon, and/or a mobile app coupon [0028] “electronic promotion…include…coupons” – electronic coupons sent via SMS or push notification or in-app notifications comprises an “internet coupon” and/or a “mobile coupon” and/or a “mobile app coupon”, [0048], [0049] “promotions (e.g., coupons”, [0062] “digital coupon”)
With respect to claim 15, Silvestro teaches the system of claim 1;
wherein the real time coupon is for a predetermined number of users (Fig 2E “limited to the first 25 customers”, [0071] “can select how many people can redeem a coupon”
With respect to claim 16, Silvestro teaches the system of claim 1;
wherein the user computing device is a smartphone or tablet ([0006] “providing one or more customers with a mobile app…that can downloaded onto…one or more mobile electronic devices…smart phone…tablet…of such customers”, [0008] “merchant is able to…determine how many customers will receive one or more electronic promotions”, [0036], [0103])
With respect to claim 17, Silvestro teaches the system of claim 1;
wherein the business computing device is a smartphone or tablet ([0094] “representative system…computer device 410…may be…smart phone…tablet”, [0099] & [0103] “client…may be…smart phone…tablet…access to remote computer resources through…program…browser…can allow…merchants…to…send promotions…from many places”)
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestro in view of Woods in view of Deluca, as applied to claims 1 and 5 above, and further in view of Randell et al. (U.S. PG Pub No. 2015/0161643, June 11, 2015 - hereinafter "Randell”)
With respect to claim 6, Silvestro, Woods, and Deluca teach the system of claim 5, Although Silvestro suggests merchant classification may be input into the system ([0067]), Silvestro does not appear to disclose,
wherein the predetermined size of the proximity zone is determined by what business is associated with the business computing device
However, Randell discloses proximity coupon distribution
wherein the predetermined size of the proximity zone is determined by what business is associated with the business computing device ([0098] “a threshold or radius…may vary based on the type…restaurant advertisements may only be sent to mobile devices that are within a quarter mile of the restaurant geolocation…hotel advertisements may be sent to users with mobile devices within five miles of the hotel location” – therefore the proximity zone predetermined size is determined by what business is associated with the business computing device, [0075] “advertising in the form of…coupons”)
Randell suggests it is advantageous to include wherein the predetermined size of the proximity zone is determined by what business is associated with the business computing device, because doing so establish a proximity zone with less effort from the merchant while ensuring the zone is appropriate to drive foot traffic in commensurate with demand correlated with business category/type ([0098]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Silvestro in view of Woods in view of Deluca to include wherein the predetermined size of the proximity zone is determined by what business is associated with the business computing device, as taught by Randell, because doing so establish a proximity zone with less effort from the merchant while ensuring the zone is appropriate to drive foot traffic in commensurate with demand correlated with business category/type.
Furthermore, since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of a proximity zone with a predetermined size determined by what business is associated with the business computing device of Randell for the proximity zone of Silvestro. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Examiner notes prior art reference Koukoumidis (cited at the end of this action and not relied upon) also discloses wherein the proximity zone predetermined size is determined by what business is associated with the business computing device ([0047] “with respect to geofence sizing…the disclosed architecture can size the geofence based…on the type of business entity…e.g., the retailer”)
With respect to claim 14, Silvestro, Woods, and Deluca teach the system of claim 1. Silvestro does not appear to disclose,
wherein the real time coupon comprises a scannable bar code
However, Randell discloses proximity coupon distribution
wherein the real time coupon comprises a scannable bar code ([0123] “coupon is transmitted to the mobile device…once activated, the user may elect to use a coupon…as a visual image shown on a display of the mobile device…a barcode…that an employee enters” – therefore the coupon comprises a scannable barcode)
Randell suggests it is advantageous to include wherein the coupon comprises a scannable bar cod, because doing so can enable efficient redemption at a merchant location/POS ([0123]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Silvestro in view of Woods in view of Deluca to include wherein the coupon comprises a scannable bar cod, as taught by Randell, because doing so can enable efficient redemption at a merchant location/POS.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have recognized that doing so would enable efficient redemption at a merchant location/POS.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Silvestro in view of Woods in view of Deluca as applied to claim 1 above, and further in view of Showronek et al. (U.S. PG Pub No. 2010/0010964 January 14, 2010 - hereinafter "Showronek”)
With respect to claim 8, Silvestro, Woods, and Deluca teach the system of claim 1. Silvestro does not appear to disclose,
wherein the proximity zone comprises an NFC zone
However, Showronek discloses proximity coupon distribution
wherein the proximity zone comprises an NFC zone ([0018] “mobile into proximity with the NFC sensor/transmitter…proximity may be defined by the NFC system being used” & [0022] “coupon…in proximity to the NFC…)
Showronek suggests it is advantageous to include wherein the proximity zone comprises an NFC zone, because doing so establish a proximity zone around a specific product which may enable more refined targeting ([0018] & [0022]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Silvestro in view of Woods in view of Deluca to include wherein the proximity zone comprises an NFC zone, as taught by Showronek, because doing so establish a proximity zone around a specific product which may enable more refined targeting.
Furthermore, since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of a proximity zone comprising an NFC zone of Showronek for the proximity zone of Silvestro. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Examiner notes prior art reference Carter (cited at the end of this action and not relied upon) also discloses wherein the proximity zone comprises an NFC zone ([0025] “determining whether participant is located within geo-fence involves…NFC…to define and create a virtual boundary”)
Examiner notes prior art reference Azar (cited at the end of this action and not relied upon) also discloses wherein the proximity zone comprises an NFC zone ([0029] & [0042] & [0055] & [0065])
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
“What is Geofencing? Your Guide to Location-Based Marketing” (Jha, Priyam, published on October 4, 2019 at https://webengage.com/blog/what-is-geofencing/) teaches pushing coupons to user devices based on proximity zone entrance events.
Bennett et al. (U.S. PG Pub No 2020/0143428 May 7, 2020) teaches wherein the condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals, and determine that the demographic of the first user computing device corresponds with the established demographic of individuals ([0036] “in yet another embodiment, the characteristics of the customer group may be combined with thresholds…for example, a merchant may determine it wants a certain number of customers having certain characteristics to be present within the geo-fenced area before a specific ad is advertised…mobile devices…may display….the ads”, [0035] “characteristics…age group, gender…between the ages of 40-50 years”)
Winslade (U.S. PG Pub No 2013/0179265 July 11, 2013) teaches a system for providing business with control over geotargeting coupons using established geofences, targeting conditions, and triggering rules. Also discloses wherein the condition to automatically trigger distribution of the real- time coupon comprises surpassing a predetermined number of users within the proximity zone with a demographic corresponding with the established demographic of individuals, and determine that the demographic of the first user computing device corresponds with the established demographic of individuals ([0056], [0100], [0104])
Hoshi et al. (U.S. PG Pub No. 2018/0113220 April 26, 2018) teaches a retailer may be presented with an indication of the number of customers within a geofence having certain demographical traits and be determine to transmit a coupon to certain customers having a certain demographical traits when the number of customers having those demographical traits exceeds a threshold ([0113]-[0114] & [0119] & [0239]-[0240] & [0244])
Koukoumidis et al. (U.S. PG Pub No. 2015/0148061, May 28, 2015) teaches wherein the proximity zone predetermined size is determined by what business is associated with the business computing device ([0047] “with respect to geofence sizing…the disclosed architecture can size the geofence based…on the type of business entity…e.g., the retailer”)
Carter et al. (U.S. PG Pub No. 2020/0058013, February 20, 2020) teaches wherein the proximity zone comprises an NFC zone ([0025] “determining whether participant is located within geo-fence involves…NFC…to define and create a virtual boundary”)
Marks (U.S. PG Pub No. 2008/0067244) teaches tracking count of users within certain proximity zones and determining aggregated demographic statistics about these users and determining targeted coupons/incentives based on these real-time demographic statistics
Azar et al. (U.S. PG Pub No. 2015/0235161, August 20, 2015) teaches wherein the proximity zone comprises an NFC zone ([0029] & [0042] & [0055] & [0065])
Conclusion
No claim is allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DETWEILER whose telephone number is (571)272-4704. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM ET.
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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621