DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
This action is in response to amendment filed on 9 July 2026. Claims 7 and 17 have been amended. Claims 1-6 have been cancelled. Claims 7-26 are currently pending and have been examined.
Terminal Disclaimer
The terminal disclaimer filed on 26 February 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of patent applications no of 12,254,485, 11,810,141 and 10,719,840 have been reviewed and is accepted. The terminal disclaimer has been recorded.
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 therefore, subject to the conditions and requirements of this title.
Step 1: The claims 7-16 are a method and claims 17-26 are medium. Thus, each independent claim, on its face, is directed to one of the statuary categories of 35 U.S.C. § 101. However, the claims 7-27 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A-Proing 1: The independent claims (7 and 17) recite generating a map comprising a history of a plurlity of offers; tracking a social networking influence of a plurality of offer recipients and inviting offer recipient of the plurality of offer recipient to generate new offer. The claim being directed at an abstract idea without adding "significantly more" to that idea. Under the Alice/Mayo framework, such methods are frequently deemed ineligible as they resemble methods of organizing human activity, data manipulation, or commercial practices implemented on generic computer systems. The claims futher recites tracking interactions (access, redistribution, redemption) and updating a map of offers are tasks that humans can perform mentally or with pen and paper.
Organizing Human Activity: The tracking of "social networking influence" and identifying "particular recipients" to generate offers constitutes a commercial or social interaction method, which courts have consistently categorized as an abstract idea.
Data Manipulation/Mapping: "Generating a map” tracks history and influences is considered collecting, analyzing, and displaying data—a classic mental process or abstract, non-technical concept.
Step 2A-Proing 2: The claims recite additional limitation of: network server for perform the generating, tracking and inviting steps. Generic Computer Implementation: The use of "a distributed network of servers" is often insufficient to overcome this, as it is merely using a computer to perform these tasks faster, rather than improving the computer technology itself. The claims do not recite a specific technical improvement in how the networking or mapping technology works (e.g., a new data storage algorithm), they are likely just applying an abstract idea to a computer environment. Simply performing tracking and inviting—like traditional marketing or networking—without a unique technological solution is generally deemed "well-understood, routine, conventional" by the Federal Circuit. Thus, the claims are ineligible.
Step 2B: As discussed with respect to Step 2A Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claims are ineligible.
Dependent claims 8-16 and 18-26, these claims recite limitations that futher defines the same abstract idea noted in claims 7 and 17, therefore, they are considered patent ineligible for the same reason as above.
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 through 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.
Claim 7-26 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Higgins et al (US Pub., No., 2009/0138384 A1) in view of Estes (US Pub., No 2005/0119937A1)
With respect to claim 7, Higgins teaches a method, comprising:
via a distributed network of servers (Fig. 2 104 discloses distribution network, Fig. 7, 704, discloses commercial incentive distributed to consumer via network and Fig. 9, 908, discloses distribute commercial incentive to the user over a network):
generating and storing, in one or more databases, a map comprising a history of a plurality of offers and relationships between the plurality of offer recipients (paragraph [0093], discloses distribution manager is also configured to track commercial incentive after they have been distrusted from CI engine to consumer system/device.., such tracking is facilitated by assigning each commercial incentive a unique CI identifier (ID) upon distribution to a consumer, and mapping the unique CI ID to a unique consumer system/device…, [map comprising history of plurality of offers], and paragraph [0096], discloses matching manager is component that is configured to compare commercial incentive populated in active CI graph which user data form database for purpose of selectively distributing commercial incentives to consumer ); and
tracking the social networking influence of a plurality of offer recipients according to tracked interaction with the plurality of offers, the tracked interactions comprising one or more of access, redistribution, and redemption of the plurlity of offers (paragraph [ 0053], discloses managing and tracking commercial incentive from creation through redemption or withdrawal by the advertiser who created it.., paragraph [0083], discloses provided tracking and/or analytics tools by which an advertiser may track the history of one or more commercial incentive or marketing campaigns and paragraph [0093], discloses distribution manager 206 is also configured to track commercial incentives after they have been distributed from CI engine to a consumer system/device.., tracking is facilitated by assign each commercial inventive a unique CI identifier (ID) upon distribution to consumer );
automatically updating the map according to the tracked interactions(paragraph [0088], discloses advertiser entity data may also include transaction information concerning commercial invectives distributed or redeemed through CI engine .., transaction information may be used to facilitate payment to the owner of CI engine …, and paragraph [0089], discloses advertiser entity data may include periodically-updated business information relating to inventory levels…, automatically modify terms associated with one or more existing commercial incentives that have already been distributed to consumers); and
presenting a graphical user interface configured to receive offer parameters from a particular offer recipient of the plurality of offer recipient of the plurlity of offer recipients for development of a new offer(paragraph [0073], discloses specific other parameter concerning the receipt of commercial incentive such parameter relating to the amount, frequency, origin or type of commercial incentive to be received , for example consumer may specify that commercial incentives relating to certain type of product or service should or should not be received or the commercial incentives originating from a particular company or companies.., other parameters including but not limited to numerous temporal, spatial, social and topical parameters may be specified by a consumer in regard to the receipt of commercial incentives paragraph [0093], discloses tracking and updating distribution commercial invent is carried out through commucation manger, and paragraph [0094], discloses publishing new commercial incentives into active CI graphs .. ).
Higgins teaches the above elements including generating a new offer (paragraph [0092], discloses valid commercial incentive created by an advertiser through interion with CI manager and preparing such commercial incent for distribution to consumer). Higgins failed to teach inviting a particular offer recipient of the plurality of offer recipients to generate new offers.
However, Estes teaches inviting the particular offer recipient of the plurality of offer recipients to generate new offer (Fig. 10, 104, dislcies email referral message [inviting the particular offer recipient], paragraph [0008], discloses transmitting to a participating recipient an electronic message that contain therein an incentive …., allocating redeemable reward for each referee recipients.., paragraph [0025], discloses a communication such as an electronic communication or message (e.g., email) may be forward steps to practicing recipients ..).
Therefore, it would have been obvious to the one ordinary skill in the art at the time of the invention was made to modify the distribution and redemption of commercial incentive distribution to consumer device of a social networking of Higgins with is transmitting to a participating recipient an electronic message that contain therein an incentive of Estes in order to encourage the participating recipient to provide contact information at least at one referrer recipient have an identified interest to the of the participate recipient (see, Estes , paragraph [0008]).
With respect to claim 8, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method comprising presenting a graphical user interface (GUI) that is configured to enable the particular offer recipient (paragraph [0135, discloses present a user interface (such as a graphical user interface) to a user of first consumer device, the user interface allows the user to manage received commercial incentive , ..wherein managing the received commercial incentives may include performing a variety of functions, such as viewing, organizing, locking-in, deleting, printing, redistributing or redeeming received commercial incentives. CI redistributor 1016 is configured to redistribute a commercial incentive stored). Higgins failed to teach particular recipients to develop the new offer.
However, Estes teaches particular recipients to develop the new offer (paragraph [0063], discloses customized personal URL, an alternat form of URL may be proved for use in the referral process of). Therefore, it would have been obvious to the one ordinary skill in the art at the time of the invention was made to modify the distribution and redemption of commercial incentive distribution to consumer device of a social networking of Higgins with is transmitting to a participating recipient an electronic message that contain therein an incentive of Estes in order to encourage the participating recipient to provide contact information at least at one referrer recipient have an identified interest to the of the participate recipient (see, Estes , paragraph [0008]).
With respect to claim 9, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method wherein the new offer is generated according to a plurality of offer parameters (paragraph [0052], discloses creating commercial incentive for distribution to consumer [offer parameter]).
With respect to claim 10, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method wherein the new offer is generated according to according to a personalized message (paragraph [0063], disclosing interpersonal commination data may include data assocted with an incoming or outgoing SMS message, email message..).
With respect to claim 11, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method comprising distributing the new offer (paragraph [0052], discloses creating commercial incentive for distribution to consumer [offer parameter]).
With respect to claim 12, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method comprising tracking a social networking influence of the particular offer recipient according to an action with respect to the new offer (paragraph [0144], discloses distribution manager a track the newly-created ).
With respect to claim 13, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method , wherein: the social networking influence is strong if a user redeems an offer, the social networking influence is moderate if the user accesses the offer, and the social networking influence is weak if the user has no interaction with the offer (paragraph [0191], discloses tracking information stored along with the redeemed copy of the commercial incentive may be used , such tracking information may identify each entity that has distributed or redistributed the commercial incentive).
With respect to claim 14, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method comprising distributing an offer via a profile in a database (paragraph [0060], discloses user identify data such as gender, age, race name, etc.).
With respect to claim 15, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method, comprising distributing an offer via a post on a social networking site (paragraph [0094], disclosing new commercial invent into active CI..).
With respect to claim 16, Higgins in view Estes teaches elements of claim 7, furthermore, Higgins teaches the method comprising distributing an offer via a mobile device(paragraph [0054], discloses consumer system/device).
With respect to claim 17, Higgins teaches a non-transitory computer-readable medium having stored thereon instructions executable by a distributed network of processing device to cause at least one processing device to perform, (Fig. 2 104 discloses distribution network, Fig. 7, 704, discloses commercial incent is distributed to consumer via network and Fig. 9, 908, discloses distribute commercial incentive to the user over a network) a method, comprising:
generating and storing, in one or more databases, a map comprising a history of a plurality of offers and relationships between the plurality of offer recipients (paragraph [0093], discloses distribution manager is also configured to track commercial incentive after they have been distrusted from CI engine to consumer system/device.., such tracking is facilitated by assigning each commercial incentive a unique CI identifier (ID) upon distribution to a consumer, and mapping the unique CI ID to a unique consumer system/device…, [map comprising history of plurality of offers], and paragraph [0096], discloses matching manager is component that is configured to compare commercial incentive populated in active CI graph which user data form database for purpose of selectively distributing commercial incentives to consumer ); and
tracking the social networking influence of a plurality of offer recipients according to tracked interaction with the plurality of offers, the tracked interactions comprising one or more of access, redistribution, and redemption of the plurlity of offers(paragraph [ 0053], discloses managing and tracking commercial incentive from creation through redemption or withdrawal by the advertiser who created it.., paragraph [0083], discloses provided tracking and/or analytics tools by which an advertiser may track the history of one or more commercial incentive or marketing campaigns and paragraph [0093], discloses distribution manager 206 is also configured to track commercial incentives after they have been distributed from CI engine to a consumer system/device.., tracking is facilitated by assign each commercial inventive a unique CI identifier (ID) upon distribution to consumer );
automatically updating the map according to the tracked interactions(paragraph [0088], discloses advertiser entity data may also include transaction information concerning commercial invectives distributed or redeemed through CI engine .., transaction information may be used to facilitate payment to the owner of CI engine …, and paragraph [0089], discloses advertiser entity data may include periodically-updated business information relating to inventory levels…, automatically modify terms associated with one or more existing commercial incentives that have already been distributed to consumers); and
presenting a graphical user interface configured to receive offer parameters from a particular offer recipient of the plurality of offer recipient of the plurality of offer recipients for development of a new offer(paragraph [0073], discloses specific other parameter concerning the receipt of commercial incentive such parameter relating to the amount, frequency, origin or type of commercial incentive to be received , for example consumer may specify that commercial incentives relating to certain type of product or service should or should not be received or the commercial incentives originating from a particular company or companies.., other parameters including but not limited to numerous temporal, spatial, social and topical parameters may be specified by a consumer in regard to the receipt of commercial incentives, and paragraph [0093], discloses tracking and updating distribution commercial invent is carried out through commucation manger, and paragraph [0094], discloses publishing new commercial incentives into active CI graphs .. ).
Higgins teaches the above elements including generating a new offer (paragraph [0092], discloses valid commercial incentive created by an advertiser through interion with CI manager and preparing such commercial incent for distribution to consumer). Higgins failed to teach inviting a particular offer recipient of the plurality of offer recipients to generate new offers.
However, Estes teaches inviting the particular offer recipient of the plurality of offer recipients to generate new offer (Fig. 10, 104, discloses email referral message [inviting the particular offer recipient], paragraph [0008], discloses transmitting to a participating recipient an electronic message that contain therein an incentive …., allocating redeemable reward for each referee recipients.., paragraph [0025], discloses a communication such as an electronic communication or message (e.g., email) may be forward steps to practicing recipients ..).
Therefore, it would have been obvious to the one ordinary skill in the art at the time of the invention was made to modify the distribution and redemption of commercial incentive distribution to consumer device of a social networking of Higgins with is transmitting to a participating recipient an electronic message that contain therein an incentive of Estes in order to encourage the participating recipient to provide contact information at least at one referrer recipient have an identified interest to the of the participate recipient (see, Estes , paragraph [0008]).
With respect to claim 18, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium comprising presenting a graphical user interface (GUI) that is configured to enable the particular offer recipient (paragraph [0135, discloses present a user interface (such as a graphical user interface) to a user of first consumer device, the user interface allows the user to manage received commercial incentive , ..wherein managing the received commercial incentives may include performing a variety of functions, such as viewing, organizing, locking-in, deleting, printing, redistributing or redeeming received commercial incentives. CI redistributor 1016 is configured to redistribute a commercial incentive stored). Higgins failed to teach recipients to develop the new offer
However, Estes teaches particular recipients to develop the new offer (paragraph [0063], discloses customized personal URL, an alternat form of URL may be proved for use in the referral process of ). Therefore, it would have been obvious to the one ordinary skill in the art at the time of the invention was made to modify the distribution and redemption of commercial incentive distribution to consumer device of a social networking of Higgins with is transmitting to a participating recipient an electronic message that contain therein an incentive of Estes in order to encourage the participating recipient to provide contact information at least at one referrer recipient have an identified interest to the of the participate recipient (see, Estes , paragraph [0008]).
With respect to claim 19, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium wherein the new offer is generated according to a plurality of offer parameters (paragraph [0052], discloses creating commercial incentive for distribution to consumer [offer parameter]).
With respect to claim 20, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium wherein the new offer is generated according to according to a personalized message (paragraph [0063], discloses interpersonal commination data may include data assocted with an incoming or outgoing SMS message, email message..).
With respect to claim 21, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium comprising distributing the new offer (paragraph [0052], discloses creating commercial incentive for distribution to consumer [offer parameter]).
With respect to claim 22, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium comprising tracking a social networking influence of the particular offer recipient according to an action with respect to the new offer(paragraph [0144], discloses distribution manager a track the newly created ).
With respect to claim 23, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium, wherein: the social networking influence is strong if a user redeems an offer, the social networking influence is moderate if the user accesses the offer, and the social networking influence is weak if the user has no interaction with the offer (paragraph [0191], discloses tracking information stored along with the redeemed copy of the commercial incentive may be used , such tracking information may identify each entity that has distributed or redistributed the commercial incentive).
With respect to claim 24, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium comprising distributing an offer via a profile in a database (paragraph [0060], discloses user identify data such as gender, age, race name, etc.).
With respect to claim 25, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium, comprising distributing an offer via a post on a social networking site (paragraph [0094], discloses publishing new commercial invent into active CI..).
With respect to claim 26, Higgins in view Estes teaches elements of claim 17, furthermore, Higgins teaches the non-transitory computer-readable medium comprising distributing an offer via a mobile device(paragraph [0054], discloses consumer system/device).
Prior arts:
Higgins et al (US Pub., No., 2009/0138384 A1) discloses systems and methods are described for permitting commercial incentives received by a consumer device to be distributed to other consumer devices, thereby facilitating the sharing and/or transport of commercial incentives between and among consumers
Allen et al (US Pub., No 2008/0300937 A1) discloses embodiments of the invention provide increased user-to-user interaction and increase the sphere of influence event attendees have on one another by sharing what event functions and other features are being attended by people having similar interests
Estes (US Pub., No 2005/0119937A1) discloses a method and system for generating and managing referrals is provided. Specifically, a system is provided for rewarding an originator of a referral which results in participation by
the recipient of the referral in a defined event.
Response to Arguments
Applicants’ arguments of the 35 U.S.C 101 rejections filed on 9 July 2026 with respect to claims 7-26 have been fully considered but they are not persuasive. Applicants’ arguments of the amended limitations of “generating and storing, in one or more databases, a map comprising a history of a plurality of offers and relationships between the plurality of offer recipients; tracking a social networking influence of a plurality of offer recipients according to tracked interactions with the plurality of offers, the tracked interactions comprising one or more of access, redistribution, and redemption of the plurality of offers; automatically updating the map according to the tracked interactions; and presenting a graphical user interface configured to receive offer parameters from a particular offer recipient of the plurality of offer recipients for development of a new offer” is not persuasive. The amended limitation is directed to an abstract idea because the claims falls into specifically a commercial or business practice and a method or organizing humana activity without reciting an inventive concept. Based on given USPTO guidelines, the eligibility claims evaluated using the Alice/Mayo two-step framework as follows:
Commercial/Business Practice: Tracking offers, redemptions, and user referrals is a fundamental economic and marketing practice.
Organizing Human Activity: Managing social networks, tracking influence, and inviting users to create offers are methods of organizing human interactions.
Mental Process / Data Manipulation: Generating a map of relationships and updating it based on user actions can be performed mentally or with pen and paper, placing it squarely in the judicial exception of an abstract idea.
Generic Components: The claim uses generic computer hardware, such as a "distributed network of servers," "one or more databases," and a "graphical user interface".
Conventional Function: Simply instructing a generic computer system to perform data collection, storage, and display operations does not transform the abstract idea into a patent-eligible application.
Lack of Technical Improvement: The claim does not improve how a computer functions or solve a technical problem rooted in computer technology. It only uses a computer as a tool to execute a business concept.
Thus, the 35 U.S.C 101 rejections with respect to claims 7-26 is maintained.
Applicants’ arguments of the 35 U.S.C 103rejections filed on 9 July 2026 with respect to claims 7-26 have been fully considered but they are not persuasive. Applicants’ arguments of claims 7 and 17 as amended render moot and therefore overcome the rejection under 35 U.S.C 103 is not persuasive. As updated above, the combination of Higgins and Alen addressed the claimed limitation.
Conclusion
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABA DAGNEW whose telephone number is (571)270-3271. The examiner can normally be reached 9-6:45.
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/SABA DAGNEW/Primary Examiner, Art Unit 3621
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