DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
Independent claim 1, representative of claims 12 and 20, in part is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 1 recites invention directed to calculating a valuation of a potential-customer for plurality of merchants including at-least a first-merchant and a second-merchant
To generate a valuation of the customer, customer profile information associated with the customer is accessed to determine their preference(s), location of the user is identified, one or more merchants are identified based upon the determined location of the user and the determined preferences of the user. Customer valuation is calculated based upon relationship or preferences between the customer and each of the identified one or more merchants, subsequent to which, calculated valuation is stored as a place graph representation associating the customer (e.g., user), their one or more merchant specific calculated valuation for each of the identified one or more merchants. These limitations describe marketing/sales/advertising activities. Accessing the customer profile data and merchant data (such as from a file in a filing cabinet), determining the relationships between the merchants, and calculating a valuation as claimed would be part of marketing research.
In addition, when it is determined that the customer has changed their location (e.g., based upon customer’s travel habits, customer is on the move e.g., GPS coordinates are changing), valuation of the customer is recalculated based upon a generated paths withing a place graph, and recalculated customer valuation is presented to the first-merchant or the second merchant. Generating the place graph and paths within the place graph (which can be done with pen and paper) as claimed would also be part of the marketing research where paths can be calculated within the graph that reflects the customer’s local tastes. The step of recalculating the valuation is also a marketing activity since this provides updated values to the merchant and valuation is used in determining how much to spend in advertising, for example. Causing presentation of the recalculated valuation to the one or more identified merchants would be presenting the final result, the valuation information, to the marketing team’s client (the one or more merchants). Therefore, the claim is directed to an abstract idea and is not patent eligible.
Represented claims 12 and 20, which do recite statutory categories (machine, product of manufacture, for example), the same analysis as above applies to these claims since the method steps are the same. However, the judicial exception is not integrated into a practical application. These claims add the generic computer components (additional elements) of a system comprising one or more hardware processors and a memory (claim 12), and a non-transitory machine-readable medium comprising instructions that when executed by a processor of a machine cause the machine to perform the method addressed above (claim 20).
The processor, memory, and non-transitory machine-readable medium are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the processor, memory, and non-transitory machine-readable medium amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
When taken as an ordered combination, nothing is added that is not already present when the elements are taken individually. When viewed as a whole, the marketing activities amount to instructions applied using generic computer components.
As for dependent claims 2 – 11 and 13 – 19, these claims recite limitations that further define the same abstract idea that paths within the place graph will be generated based on the profile data wherein the paths will reflect preferences of the user; detecting interactions of the user with the nodes within the place graph will be detected and mapped on the place graph; a second place graph will be generated based on the changed location of the customer; defining what information from the accessed user profiles will be considered; recommendations presented to the users will be updated base upon their location, time of the day and change in location to recalculate valuation of the customer, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of organizing certain methods of human activity related to advertising, marketing or sales activities or behaviors but for the recitation of generic computer components. Accordingly, the claim recites an abstract idea.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 – 3, 6 – 12 and 15 – 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 19 of U.S. Patent No. 11,727,447, claims 1 – 20 of U.S. Patent No. 11,113,731 and claims 1 – 17 of U.S. Patent US Patent No. 10,460,354. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Patent Application 18/213,489
US Patent 11,727,447
accessing profile data of a user, the profile data indicating one or more preferences associated with the user;
accessing customer profile data associated with a customer in response to an action indicating a preference associated with the customer for a first merchant, the customer profile data identifying an action indicative of a preference associated with the customer for the first merchant including identification of a good purchased by the customer from the first merchant;
accessing merchant data associated with the first merchant and a second merchant, the merchant data including location characteristics associated with the first and second merchants and product characteristics associated with the first and second merchants;
determining a first location characteristic for the first merchant from the merchant data and a second location characteristic for the second merchant from the merchant data;
determining a first product characteristic associated with the first merchant from the merchant data and a second product characteristic associated with the second merchant from the merchant data
identifying a location of a mobile device of the user;
determining a relationship between the first merchant and the second merchant based on the first and second location characteristics and the first and second product characteristics;
generating a place graph based on the location of the mobile device and the profile data, the place graph including nodes corresponding to a first plurality of merchants;
calculating a customer valuation in the location based in part on the place graph;
calculating a valuation based on the relationship between the first merchant and the second merchant and the preference associated with the customer;
causing presentation of the valuation to one of the first merchant or the second merchant;
detecting a change in the location of the mobile device associated with the user;
detecting a change in a location of a mobile device associated with the customer;
recalculating the customer valuation based on the change in the location of the mobile device; and
recalculating the valuation based on the change in the location; and
causing presentation of the recalculated customer valuation to at least one merchant associated with the changed location.
causing presentation of the recalculated valuation.
Patent Application 18/213,489
US Patent 11,113,731
accessing profile data of a user, the profile data indicating one or more preferences associated with the user;
identifying a location of a mobile device of the user;
identifying a location of a mobile device;
identifying a plurality of merchants within a threshold distance of the location of the mobile device;
generating a place graph based on the location of the mobile device and the profile data, the place graph including nodes corresponding to a first plurality of merchants;
calculating a customer valuation in the location based in part on the place graph;
determining different first valuations based on the location, each of the different first valuations determined based on a different respective one of the plurality of merchants and a distance of the mobile device relative to each of the plurality of merchants;
providing the different first valuations to a first valuation's respective merchant: including a first merchant of the plurality of merchants;
detecting a change in the location of the mobile device associated with the user;
detecting a change in the location of the mobile device;
recalculating the customer valuation based on the change in the location of the mobile device; and
determining different second valuations based on the changed location, each of the different second valuations further based on a different respective one of the plurality of merchants including the first merchant;
causing presentation of the recalculated customer valuation to at least one merchant associated with the changed location.
providing the different second valuations to a second valuation's respective merchant, including the first merchant of the plurality of merchants.
Patent Application 18/213,489
US Patent 10,460,354
accessing profile data of a user, the profile data indicating one or more preferences associated with the user;
receiving customer profile data by a mediator system, the customer profile data identifying actions that explicitly indicate preferences by a customer for one or more merchants including identification of goods purchased by the customer from the one or more merchants;
identifying a location of a mobile device of the user;
detecting, via a message received from a communication device by the mediator system, a first location of the communication device associated with the customer, the first location determined via a positioning system receiver of the communication device;
identifying, using the mediator system, a subset of merchants of the one or more merchants that are within a certain distance of the first location of the communication device;
generating a place graph based on the location of the mobile device and the profile data, the place graph including nodes corresponding to a first plurality of merchants;
calculating a customer valuation in the location based in part on the place graph;
triggering a determination, by the mediator system, of first valuations of the customer, each of the first valuations specific to the first location of the communication device and specific to a different merchant in the subset of merchants, each of the first valuations further based on the customer profile data, the triggering of the determination of the first valuations of the customer is in response to the detecting of the first location of the communication device in the message and a request from the communication device to access a website of the one or more merchants;
providing, via the mediator system, each of the first valuations to the specific merchant;
recalculating the valuations of the customer in response to changes in the communication device's location, and providing the recalculated valuations to the one or more merchants
detecting a change in the location of the mobile device associated with the user;
detecting, via a second message received from the communication device by the mediator system and in response to the communication device moving away from the first location, a second location of the communication device associated with the customer, the second location determined via the positioning system receiver of the communication device,
recalculating the customer valuation based on the change in the location of the mobile device; and
in response to detecting the second location, triggering a second determination by the mediator system of second valuations of the customer specific to a second location of the communication device, each of the second valuations being specific to a different merchant in the subset of merchants, and
causing presentation of the recalculated customer valuation to at least one merchant associated with the changed location.
providing, via the mediator system, each of the second valuations to the second valuation's specific merchant, including providing, to the first merchant, a second valuation specific to the first merchant;
receiving one or more bids, by the mediator system, from one or more of the second set of merchants in response to the providing of the second valuations to the merchants; selecting a merchant based on the received bids; and
providing to the selected merchant, via the mediator system, a connection to the customer including transmitting data received from the merchant to the communication device of the customer.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Marko Rodriguez published article “Understanding Graph Databases”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
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/NARESH VIG/Primary Examiner, Art Unit 3622
June 26, 2026
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