DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 28 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 28 of prior U.S. Patent No. 12254507. This is a statutory double patenting rejection.
Claim Objections
Claim(s) 31, 34 and 41 are objected to because of the following informalities:
Claim 31/41: “while the store pick-up order is being completed” should read “while an order comprising the purchased product being picked up is being completed”.
Claim 34: “the predetermined movement” should read “the wave”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim(s) 28, 30-34, 38, and 40-44 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Anantha (US 20130076645) in view of Khan (US 2012/0072311).
As per claim 28/38, Anantha discloses a method, comprising:
via a network comprising a mobile device and a digital kiosk ([0016] FIG. 1 is a simplified block diagram of various embodiments of the present invention. A display system 100 is operable to communicate with a communication device 112, such as a currently available smartphone for example. Optionally, the display system and/or the communication device can also communicate with a remote server 118 through a wired or wireless protocol, such as an Internet connection 122 and/or a wireless communication network 124 using a wireless communication protocol 126. It is envisioned that the communication device can include a dedicated software application to enable some features of the present invention, although this is not a requirement. Also, a controller 104 of the display system can include a software application to enable some features of the present invention.):
receiving media content for display on the digital kiosk (paragraph 42, [0042] A next (optional) step includes using 509 personal information on the communication device (which may be used locally or partially/fully transferred to the display system) to provide a personalized experience for the user interacting with the display system. For example, initially the display system does not know anything about the user or what social media services that are used by the user. Once the communication device associates to the display system, it can tell the display system that the user has a Facebook.TM. account for example (where a priori knowledge of Facebook.TM. is not required of the display system), and that this account allows the user to perform certain actions (e.g., to "Like" or share something). Now that the display system knows this functional information it can also present these actions to the user as options in its user interface, but with the added benefit of leveraging its proprietary data that was unavailable to the user's communication device. So, for example, the user would be unable to "Like" a product from a store's inventory using their phone alone, but when connected to the store's display system the user can now use the display's user interface to "Like" that product. In this process the display system does not actually perform the "Like" operation (since no a priori knowledge of Facebook.TM. is required) --the display system simply provides a reference to the product to the phone and requests that the phone perform this operation for it as a proxy. This type of "personal proxy" allows a communication device to perform all personalized actions for the display system so that the user never has to provide any personal information to the display system. In this way, no personal information is transmitted (e.g., no username, no password, etc.) to the display system. The display system only provides a set of actions where the phone can act as a personal proxy for the display. );
causing the mobile device to transmit personal information to a cloud platform according to a detection, via an accelerometer of the mobile device, of a wave of the mobile device (paragraph 26, [0028] In a practical example, a user with a smartphone can enter a store. The user can walk up to an informational kiosk looking for information about a product. The user can start an application on their smartphone indicating a desire for communication with the kiosk. The application can locate and associate the smartphone with a Wi-Fi server of a local network of the store. The server can identify the user and then direct the kiosk to display a predetermined pattern on its touchscreen related to this identified user. The kiosk directs the user to trace this pattern on the touchscreen while holding the smartphone. The application on the smartphone transfers information about the phone's accelerometer to the server while the user is tracing the pattern. The kiosk also transfers information about the touchscreen to the server while the user is tracing the pattern. If the signatures of the information from the kiosk and smartphone match, then the server authenticates and initiates a communication session between the kiosk and phone. It should be noted that it is not necessary for the user to complete the tracing of the pattern if a sufficient match is found during the event. At this point, the user has "checked-in" to the kiosk and has an authenticated session with the kiosk. The kiosk can display a personalized "welcome message" to the user by using personal information from the communication device. The kiosk and phone are allowed to communicate and/or transfer information about the product (e.g. location in the store, description, price, user's "like" of the product, etc.) while the user is present with the kiosk. The user can purchase a product displayed on the screen using their mobile wallet on their communication device. The user can then walk away, whereupon the kiosk will detect, by a camera and timer for example, that the user is no longer present and direct the server to terminate the communication session.); and
triggering, in response to the causing of the mobile device to transmit the consumer profile to the cloud platform, the cloud platform to check for the consumer profile according to a detection, via a camera of the digital kiosk, of the wave of the mobile device (paragraph 26, [0028] In a practical example, a user with a smartphone can enter a store. The user can walk up to an informational kiosk looking for information about a product. The user can start an application on their smartphone indicating a desire for communication with the kiosk. The application can locate and associate the smartphone with a Wi-Fi server of a local network of the store. The server can identify the user and then direct the kiosk to display a predetermined pattern on its touchscreen related to this identified user. The kiosk directs the user to trace this pattern on the touchscreen while holding the smartphone. The application on the smartphone transfers information about the phone's accelerometer to the server while the user is tracing the pattern. The kiosk also transfers information about the touchscreen to the server while the user is tracing the pattern. If the signatures of the information from the kiosk and smartphone match, then the server authenticates and initiates a communication session between the kiosk and phone. It should be noted that it is not necessary for the user to complete the tracing of the pattern if a sufficient match is found during the event. At this point, the user has "checked-in" to the kiosk and has an authenticated session with the kiosk. The kiosk can display a personalized "welcome message" to the user by using personal information from the communication device. The kiosk and phone are allowed to communicate and/or transfer information about the product (e.g. location in the store, description, price, user's "like" of the product, etc.) while the user is present with the kiosk. The user can purchase a product displayed on the screen using their mobile wallet on their communication device. The user can then walk away, whereupon the kiosk will detect, by a camera and timer for example, that the user is no longer present and direct the server to terminate the communication session…[0042] A next (optional) step includes using 509 personal information on the communication device (which may be used locally or partially/fully transferred to the display system) to provide a personalized experience for the user interacting with the display system. For example, initially the display system does not know anything about the user or what social media services that are used by the user. Once the communication device associates to the display system, it can tell the display system that the user has a Facebook.TM. account for example (where a priori knowledge of Facebook.TM. is not required of the display system), and that this account allows the user to perform certain actions (e.g., to "Like" or share something). Now that the display system knows this functional information it can also present these actions to the user as options in its user interface, but with the added benefit of leveraging its proprietary data that was unavailable to the user's communication device. So, for example, the user would be unable to "Like" a product from a store's inventory using their phone alone, but when connected to the store's display system the user can now use the display's user interface to "Like" that product. In this process the display system does not actually perform the "Like" operation (since no a priori knowledge of Facebook.TM. is required) --the display system simply provides a reference to the product to the phone and requests that the phone perform this operation for it as a proxy. This type of "personal proxy" allows a communication device to perform all personalized actions for the display system so that the user never has to provide any personal information to the display system. In this way, no personal information is transmitted (e.g., no username, no password, etc.) to the display system. The display system only provides a set of actions where the phone can act as a personal proxy for the display.).
However, while Anantha discloses personal information as consumer profile, it does not explicitly disclose but Khan discloses that the consumer profile comprises a purchased product being picked up ([0017] The order (i.e., order request data) may include a product identifier that identifies the requested product, a customer identifier, and/or payment credential data (e.g., a credit card number) that can be used to facilitate the purchase of the ordered product. In one embodiment, the customer identifier may include any identifier associated with or that identifies the customer, such as a loyalty number, a mobile device number, a credit card number, or an order identifier… [0018] In one embodiment, after backend merchant server 110 receives the order request data (or just the customer identifier), a customer's presence and mobile device 102 may be detected. In one embodiment, the customer's presence and/or arrival to the merchant location may be detected upon mobile device 102 interfacing (via NFC) with a touch point 116, such as a smart poster or wireless device reader/writer at, for example, a store entrance, a dining table, or parking spot. Alternatively, the customer's presence and mobile device 102 may automatically be detected at the merchant location by detection system server 106 when mobile device 102 enters a designated area 108 associated with a merchant entity. Both of these embodiments may utilize a wallet application 112 stored in mobile device 102… Once an appropriate merchant server (e.g., merchant server 116) is determined, TMS 105 may forward the MEC along with the customer identifier to backend merchant server 110. Using the customer identifier, server 110 may access and extract the previously stored order request data from a database 111. In one embodiment, database 111 may include entries that map the stored order request data (e.g., product identifier, payment credentials, and the like) with the customer identifier. Server 110 may cross-reference the customer identifier provided in response to the detection of mobile device 102 with the stored customer identifiers in database 111, thereby accessing the appropriate stored order request data when a match of customer identifiers is made. Upon finding the stored order request data corresponding to the customer identifier associated with mobile device 102, server 110 may process the payment credential data and provide the product identifier and customer identifier to on-site merchant server 104… Merchant server 110 may then identify the appropriate stored order for the at least one product by accessing a database 111 that maps stored order request data to customer identifiers. Merchant server 110 may utilize payment credential information included in the stored order request data to conduct a purchase transaction on the backend. Upon conducting the payment transaction, merchant server 110 may inform on-site merchant server 104 of the approved payment transaction. In response, employees at the merchant location associated with server 104 may then prepare and fulfill the order for the at least one product.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation above as taught by Khan in the teaching of Anantha, in order to preparing and delivering an ordered product upon detecting a customer presence (Khan, abstract).
As per claim 30/40, Anantha discloses wherein the media content comprises one or more of advertisements, product information and a coupon (paragraph 25-26, 28).
As per claim 31/41, Anantha discloses selectively transferring the media content, from the digital kiosk to the mobile device ([0028] In a practical example, a user with a smartphone can enter a store. The user can walk up to an informational kiosk looking for information about a product. The user can start an application on their smartphone indicating a desire for communication with the kiosk. The application can locate and associate the smartphone with a Wi-Fi server of a local network of the store… The kiosk and phone are allowed to communicate and/or transfer information about the product (e.g. location in the store, description, price, user's "like" of the product, etc.) while the user is present with the kiosk. The user can purchase a product displayed on the screen using their mobile wallet on their communication device. The user can then walk away, whereupon the kiosk will detect, by a camera and timer for example, that the user is no longer present and direct the server to terminate the communication session… . Subsequently, the modified "shopping cart" and product details can be transferred back to the communication device so that the user can carry the experience on their phone after the session ends.).
However, while Anantha discloses that the user initiates the session with the kiosk when they enter the store to lookup product details, it does not disclose but Khan discloses initiating a session for the store pickup order to be completed ([0014] Touch point 116 may include any object capable of being interfaced with an NFC enabled mobile device and is located in a place that is readily accessible by potential customers of goods and/or services. Exemplary touch points include an NFC smart poster, a barcode chart, QR code, an NFC wireless reader and/or writing device, a radio frequency (RF) device reader/writer, a passive RF tag, and the like. Touch point 116 may be located inside and/or near a merchant establishment. Although FIG. 1 only depicts a touch point 116 generally positioned within a designated area 108 associated with a merchant location, a touch point may be located at a store/restaurant entrance, a designated pickup area, a parking spot, a dining room table, and the like without departing from the scope of the present subject matter. For example, touch point 116 may be located inside a restaurant establishment (such as Starbucks.RTM. or McDonald's.RTM.), at a store entrance, on a store wall, at a pickup area, at a dining table, or other easily accessible location in or near the store that may serve as a delivery point. In another embodiment, a touch point 116 may be located adjacent to an associated parking area or parking spot near a merchant establishment…. [0015] Notably, a customer may utilize touch point 116 to notify a merchant or retailer entity of his presence at a designated location by interfacing mobile device 102 via NFC (e.g., an NFC tap) with touch point 116 in order to allow for convenient product order preparation and delivery, there allowing the customer the option to bypass a cashier line. In one embodiment, NFC module 115 and may be utilized by mobile device 102 to interface with touch point 116 using near field communications.)(please see claim 28 rejection for combination rationale).
As per claim 32/42, Anantha discloses verifying a consumer via the mobile device (paragraph 28).
As per claim 33/43, Anantha does not disclose but Khan discloses transmitting, from the network, a notification to a particular location authorizing delivery of the purchased product to a consumer (paragraph 23, Backend merchant server 110 may also inform on-site merchant server 104 (e.g., sending an electronic message) that the purchase transaction of the ordered product was successfully conducted and that the order should be filled.)(please see claim 28 rejection for combination rationale).
As per claim 34, Anantha discloses detecting the predetermined movement via the mobile device and sending information to the server (paragraph 28-29). However, Anantha does not disclose but Khan discloses sending location information/location identifier information to the cloud platform via a communication link (paragraph 18, 21)(please see claim 28 rejection for combination rationale).
As per claim 44, Anantha teaches communication between the smartphone, kiosk, and server through a local network/internet communication link (paragraph 26-28). However, Anantha does not disclose but Khan discloses a mobile device providing location related information through a touch point/location identifier and being detected in a designated area such as a store entrance (paragraph 14, 18 and 32)(please see claim 28 rejection for combination rationale)
Claim 29 and 39 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Anantha (US 20130076645) in view of Khan (US 2012/0072311), as disclosed in the rejection of claim 28, in view of Warrick (US 20110302607).
As per claim 29/39, Anantha discloses a kiosk/mobile/cloud system where the user starts an application on the smartphone to communicate with the kiosk (paragraph 28). However, Anantha does not disclose but Warwick disclose displaying a message on the digital kiosk that an application needs to be loaded, if the cloud platform does not receive the consumer profile ( [0029] Step 208: Because the media control application 152 was not detected, the hotel media system 100 offers the application 152 for download by the mobile device 150. In one configuration, the hotel media system 100 may automatically detect the type of the mobile device 150 and offer a compatible application 152… [0031] Step 212: Because the mobile device is not running the media control application 152, the communication module 116 acts as a web server and a web interface is provided to the mobile device 150. Again, to ensure privacy and prevent unauthorized access from third parties, the web interface may be encrypted using a secure sockets layer (SSL).)
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation above as taught by Warwick in the teaching of Anantha, 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.
Claim 35-37 and 45-47 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Anantha (US 20130076645) in view of Khan (US 2012/0072311), as disclosed in the rejection of claim 28, in view of Elkholy (US 2006/0200381).
As per claim 35/45, Anantha discloses wherein the digital kiosk comprises one or more displays, and one or more optical sensors (paragraph 17). However, Anantha does not disclose but Elkholy discloses wherein the digital kiosk comprises one or more speakers (paragraph 98).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation above as taught by Elkholy in the teaching of Anantha, 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.
As per claim 36/46, Anantha does not disclose but Elkholy discloses providing a digital media player system that stores media content for display on the digital kiosk (abstract, “The advertisement database stores a plurality of digital advertisement files for a plurality of digital marketing devices… A first digital marketing device is coupled to the advertisement database and the control database via a communications network, and stores a selected set of digital advertisement files.“, paragraph 98)(please see claim 35/45 rejection for combination rationale).
As per claim 37, Anantha does not disclose but Elkholy discloses controlling, via a content management system, which media content is displayed on the digital kiosk (paragraph 99, 118)(please see claim 35/45 rejection for combination rationale).
As per claim 47, Anantha does not disclose but Elkholy discloses wherein the digital kiosk comprises a content management system configured to selectively display particular media content on the digital kiosk (paragraph 92 and 118-119)(please see claim 35-45 rejection for combination rationale).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR ZEROUAL whose telephone number is (571)272-7255. The examiner can normally be reached Flex schedule.
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OMAR . ZEROUAL
Examiner
Art Unit 3628
/OMAR ZEROUAL/Primary Examiner, Art Unit 3629
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