DETAILED ACTION
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 .
Status of Claims
This office action is in response to the application filed on 3/28/2025 which is a divisional of 17/399,412 filed on 8/11/2021.
Claims 1-20 are pending and have been examined.
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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-7 are directed to a system. Claims 8-15 are directed to a method. Claims 16-20 are directed to a non-transitory computer-readable medium. Thus, on their face they fall within the four statutory categories of patentable subject matter.
Step 2A prong 1:
Claims 1, 8, and 16 recite virtually identical claim limitations. Claim 8 will be used as representative. Each claims additional elements will be addressed individually. The following limitations, when considered individually and as an ordered combination, are merely descriptive of abstract concepts:
determining that a merchant satisfies a qualification criterion;
adding the merchant to a list of qualified merchants based at least in part on a determination that the merchant satisfies the qualification criterion;
sending a notification to a user associated with a transaction account, the notification indicating that the merchant is a qualified merchant;
receiving a first message from the user, the first message indicating that a user of the client device is travelling from a first location to the merchant;
receiving a second message from the user, the second message indicating that the user has arrived at the merchant and the second message comprising a second location of the user;
calculating a distance traveled by the user based at least in part on the first location and the second location;
calculating an award value based at least in part on the distance traveled; and
updating an awards balance associated with the transaction account to include the award value.
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
Claim 2, 9, 17:
receiving an additional plurality of locations of the user, individual ones of the additional plurality of locations forming a path traveled between the first location of the user and the second location of the user; and
the distance traveled by the user is calculated based at least in part on the path traveled between the first location of the user and second location of the user as represented by the additional plurality of locations.
Claims 3, 10, 18:
receiving a notification from a transaction authorization service that the transaction account has been used for a transaction with the merchant; and
the award value is calculated in response to receipt of the notification from the transaction authorization service that the transaction account has been used for a transaction with the merchant.
Claims 4, 11, 19:
wherein determining that the merchant satisfies the qualification criterion further comprises:
calculating a change in a number of reviews posted for a merchant to a third-party review site over a predefined interval of time; and
calculating a rate of change in visits to the merchant based at least in part on the change in the number of reviews.
Claim 5, 12, 20:
wherein determining that the merchant satisfies the qualification criterion further comprises:
calculating a change in a number of check-ins for the merchant registered with a social media platform over a predefined interval of time; and
calculating a rate of change in visits to the merchant based at least in part on the change in the number of check-ins.
Claims 6, 13:
wherein determining that the merchant satisfies the qualification criterion further comprises calculate a rate of change in transaction volume with the merchant over a predefined interval of time.
Claims 7, 15:
receiving an indication from the user regarding a mode of travel; and
the award value is further based at least in part on the mode of travel.
Claim 14:
wherein determining that the merchant satisfies the qualification criterion further comprises calculating a rate of change in sales with the merchant over a predefined interval of time.
The claims provide a manner of determining which merchants satisfy a qualification criterion, notifying a user of a qualified merchant, receiving a message from the user that they are traveling to the merchant, receiving a second message that they have arrived at the merchant, calculating the distance the user traveled, and providing the user with an award based on the distance traveled. Such activity is considered certain methods of organizing human activity in the form of commercial interactions (advertising, marketing, or sales activities or behaviors). The claims clearly provide rewards to incentivize users to travel to merchant locations.
Additionally, but for the inclusion of generic computing devices, the limitations of the claims could be performed mentally or with pen and paper. A human analog would be able to determine which merchants satisfy criteria, add them to a list, send a notification to a user that a merchant is qualified, receive a first message that user is traveling to the qualified merchant, receive a second message that user has arrived at the merchant, calculate a distance traveled by the user, calculate an award based on the distance traveled, and provide the reward to the user. As a result, the claims fall within the mental process grouping of abstract dieas.
Step 2A prong 2: This judicial exception is not integrated into a practical application. The claims recite the following additional elements: client application executing on a client device (claim 1, 8, 16); client device (claims 1, 2, 7, 8, 9, 15, 16, 17); a computing device comprising a processor and a memory; and machine-readable instructions stored in the memory (claim 1); A non-transitory, computer-readable medium, comprising machine-readable instructions (claim 16);
The client application executing on a client device, client device, a computing device comprising a processor and a memory; and machine-readable instructions stored in the memory, and non-transitory, computer-readable medium, comprising machine-readable instructions are recited at a high level of generality and merely “apply it” (the abstract idea) using generic computing components (spec [0016], [0029], [0084], [0085]) The devices are merely used to process data (determining, adding, calculating, updating) and send and receive data (sending, receiving). Nothing in the claims improves technology or a technical field (See MPEP 2106.05(f)).
Accordingly, when considered both individually and as an ordered combination, the additional elements do not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Similarly, as above with regard to practical application, the additional elements when considered both individually and as an ordered combination, do not provide an inventive concept as they merely provide generic computing components used as a tool to implement the abstract idea.
As a result, the claims are not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 8, 9, 16, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baca et al (US 2014/0304076)
As per claims 1, 8, and 16:
Claims 1, 8 and 16 recite virtually identical claim language. Limitations unique to each claim will be addressed separately. Limitations common to each claim will be addressed together.
Baca teaches:
Claim 1:
A system, comprising: a computing device comprising a processor and a memory; and machine-readable instructions stored in the memory that, when executed by the processor, cause the computing device to at least: ([0020])
Claim 8:
A method, comprising ([0046]):
Claims 16:
A non-transitory, computer-readable medium, comprising machine-readable instructions that, when executed by a processor of a computing device, cause the computing device to at least: ([0046])
Claims 1, 8, 16:
determining that a merchant satisfies a qualification criterion; ([0019] The interest profile(s) 119 may include predefined, preselected and/or customized records of businesses and attractions of interest and associated deviation distances. For example, a user may be willing to travel twenty miles off of a mapped route to visit a sporting goods store and may be willing to travel thirty miles to visit an antique bookstore. The interest profile(s) 119 may thus include sporting goods store with an associated distance of twenty miles and antique bookstore with an associated distance of thirty miles. The interest profile may then be used by reward module 118 and reward service 104 to provide reward offers as the user travels along a mapped route that correspond to the selected interest profile. [0021] Reward service module 126 is configured to manage a reward offer system consistent with the present disclosure. Reward service module 126 is configured to maintain the reward offers database 128 and the user profiles 130. Reward service module 126 is configured to receive reward offers from businesses and attractions and to store related information in the reward offers database 128. For example the reward offers database 128 may include a plurality of records associated with reward offers. Each record may include a name, address and GPS coordinates of the business or attraction, business or attraction category and associated detail tags, active reward offers including type of reward, amount, duration and a deviation distance. The business and attraction information may be used to match a business or attraction in the reward offers database 128 to a user's uploaded interest profile. A plurality of reward offers may be included for a selected business or attraction with varying deviation distances. For example, a 40% off coupon may be offered for a user willing to deviate 50 miles from a mapped route and a 20% coupon may be offered for a user willing to deviate 30 miles from a mapped route. In this manner, reward offers may be based on deviation distance.)
adding the merchant to a list of qualified merchants based at least in part on a determination that the merchant satisfies the qualification criterion; ([0019] The interest profile(s) 119 may include predefined, preselected and/or customized records of businesses and attractions of interest and associated deviation distances. For example, a user may be willing to travel twenty miles off of a mapped route to visit a sporting goods store and may be willing to travel thirty miles to visit an antique bookstore. The interest profile(s) 119 may thus include sporting goods store with an associated distance of twenty miles and antique bookstore with an associated distance of thirty miles. The interest profile may then be used by reward module 118 and reward service 104 to provide reward offers as the user travels along a mapped route that correspond to the selected interest profile. [0021] Reward service module 126 is configured to manage a reward offer system consistent with the present disclosure. Reward service module 126 is configured to maintain the reward offers database 128 and the user profiles 130. Reward service module 126 is configured to receive reward offers from businesses and attractions and to store related information in the reward offers database 128. For example the reward offers database 128 may include a plurality of records associated with reward offers. Each record may include a name, address and GPS coordinates of the business or attraction, business or attraction category and associated detail tags, active reward offers including type of reward, amount, duration and a deviation distance. The business and attraction information may be used to match a business or attraction in the reward offers database 128 to a user's uploaded interest profile. A plurality of reward offers may be included for a selected business or attraction with varying deviation distances. For example, a 40% off coupon may be offered for a user willing to deviate 50 miles from a mapped route and a 20% coupon may be offered for a user willing to deviate 30 miles from a mapped route. In this manner, reward offers may be based on deviation distance.)
sending a notification to a client application executing on a client device associated with a transaction account, the notification indicating that the merchant is a qualified merchant; ([0017] Reward offers may be displayed on display 114 when mobile device 102 (or a related device) approaches within a distance of the place of interest. The distance may correspond to a deviation distance plus a notice distance. The distance and place of interest may be based on data stored in interest profile(s) 119. [0031] Reward service module 126 may be configured to display a reward offer on display 114 when the mobile device 212 is at or within a notice distance of a deviation point from the mapped route.)
receiving a first message from the client device, the first message indicating that a user of the client device is travelling from a first location to the merchant; ([0027] If the user accepts the reward offer, a new route may then be mapped to the associated place of interest and, after a visit to the place of interest a route may be mapped to return to a next destination on the initially mapped route. [0031] If the user accepts the reward offer, a new route may then be mapped to the associated place of interest and, after a visit to the business or attraction a route may be mapped to return to a next destination on the initially mapped route. [0039] A reward offer may be received from remote service at operation 308 and travel along the mapped route may be initiated at operation 310. The reward offer may be displayed at operation 312 and travel may be rerouted (or not) based on the user response.
receiving a second message from the client device, the second message indicating that the user of the client device has arrived at the merchant and the second message comprising a second location of the client device; ([0028] The user may accept a displayed reward offer and may deviate a deviation distance from the mapped route to visit the place of interest and redeem the reward. [0039] The reward summary may be provided in response to a request from the user or after arrival at as destination. The reward summary may include rewards offered, rewards redeemed and savings associated with the redeemed rewards.)
calculating a distance traveled by the client device based at least in part on the first location and the second location; ([0010] An amount of a reward offer may be based, at least in part, on a distance from the mapped route to a place of interest. [0021] For example the reward offers database 128 may include a plurality of records associated with reward offers. Each record may include a name, address and GPS coordinates of the business or attraction, business or attraction category and associated detail tags, active reward offers including type of reward, amount, duration and a deviation distance. A plurality of reward offers may be included for a selected business or attraction with varying deviation distances. For example, a 40% off coupon may be offered for a user willing to deviate 50 miles from a mapped route and a 20% coupon may be offered for a user willing to deviate 30 miles from a mapped route. In this manner, reward offers may be based on deviation distance. [0024] Personal navigation device 202 may include any mobile device configured to generate a travel route based on a starting location and one or more destinations and to determine device location based on a location (e.g., GPS) signal.)
calculating an award value based at least in part on the distance traveled; and ([0010] An amount of a reward offer may be based, at least in part, on a distance from the mapped route to a place of interest. [0021] A plurality of reward offers may be included for a selected business or attraction with varying deviation distances. For example, a 40% off coupon may be offered for a user willing to deviate 50 miles from a mapped route and a 20% coupon may be offered for a user willing to deviate 30 miles from a mapped route. In this manner, reward offers may be based on deviation distance. [0026] During the mapped travel, reward module 118 may be configured to monitor the location of personal navigation device 202 (determined, e.g., by location module 116 based on location signal 108) and to display a reward offer on display 114 when the personal navigation device 202 is at or within a notice distance of a deviation point from the mapped route. The deviation point is a point on the mapped route that corresponds to location where a route to the place of interest (e.g., business or attraction included in the interest profile uploaded to remote service 104) associated with the reward offer begins to deviate from the mapped route. [0037] In particular, flowchart 300 depicts exemplary operations configured to provide reward offers, e.g., discount coupons, based on a deviation distance from a mapped travel route and a predefined interest profile while the user is travelling along a mapped route.)
updating an awards balance associated with the transaction account to include the award value. ([0039] The reward summary may be provided in response to a request from the user or after arrival at as destination. The reward summary may include rewards offered, rewards redeemed and savings associated with the redeemed rewards.)
Baca teaches the limitations of claims 1, 8, and 16. As per claims 2, 9, and 17:
Baca teaches:
wherein the machine-readable instructions further cause the computing device to at least:
receive an additional plurality of locations of the client device, individual ones of the additional plurality of locations forming a path traveled between the first location of the client device and the second location of the client device; and ([0015] Location module 116 is configured to determine a location of mobile device 102 based on one or more location signals. [0016] Mapping module 117 is configured to generate a travel route for mobile device 102 based on a starting location and at least one destination location. Mapping module 117 may generate the travel route based on locally stored map data and/or may be configured to access a mapping service via, e.g., network 106, in order to generate the travel route. Mapping module 117 may include custom, proprietary, known and/or after-developed mapping processing code (or instruction sets) that are generally well-defined and operable to generate travel routes based on a starting location and at least one destination. [0026] During the mapped travel, reward module 118 may be configured to monitor the location of personal navigation device 202 (determined, e.g., by location module 116 based on location signal 108) and to display a reward offer on display 114 when the personal navigation device 202 is at or within a notice distance of a deviation point from the mapped route. The deviation point is a point on the mapped route that corresponds to location where a route to the place of interest (e.g., business or attraction included in the interest profile uploaded to remote service 104) associated with the reward offer begins to deviate from the mapped route. [0031] During the mapped travel, reward service module 126 may be configured to monitor the location of mobile device 212, determined, e.g., by location module 116 based on location signal 108, and communicated to reward service 104 via network 106.
the distance traveled by the client device is calculated based at least in part on the path traveled between the first location of the client device and second location of the client device as represented by the additional plurality of locations. ([0008] Generally, this disclosure describes techniques for providing reward offers, e.g., discount coupons, based on a deviation distance from a mapped travel route. [0010] An amount of a reward offer may be based, at least in part, on a distance from the mapped route to a place of interest. [0021] A plurality of reward offers may be included for a selected business or attraction with varying deviation distances. For example, a 40% off coupon may be offered for a user willing to deviate 50 miles from a mapped route and a 20% coupon may be offered for a user willing to deviate 30 miles from a mapped route. In this manner, reward offers may be based on deviation distance. [0028] The user may accept a displayed reward offer and may deviate a deviation distance from the mapped route to visit the place of interest and redeem the reward. In this manner, a user may be offered rewards based on user interests and associated deviation distances.)
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, 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 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.
Claim(s) 3, 10, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baca et al (US 2014/0304076) in view of Trifiletti et al (US 2010/0082420)
Baca teaches the limitations of claims 1, 8, and 16. As per claims 3, 10, and 18:
Baca does not expressly teach wherein the machine-readable instructions further cause the computing device to at least: receive a notification from a transaction authorization service that the transaction account has been used for a transaction with the merchant; and the award value is calculated in response to receipt of the notification from the transaction authorization service that the transaction account has been used for a transaction with the merchant.
Trifiletti teaches:
wherein the machine-readable instructions further cause the computing device to at least:
receive a notification from a transaction authorization service that the transaction account has been used for a transaction with the merchant; and ([0033] In a typical payment transaction, a consumer 30 may purchase goods or services at the transaction location of the merchant 22 using a portable consumer device 32 such as a credit card. The merchant 22 can send an authorization request message to the issuer 28 via the payment processing network 26. After the issuer 28 makes a decision on whether or not to authorize or not authorize the transaction, the issuer 28 may send an authorization response message back to the merchant via the payment processing network 26 and the acquirer 24. During or soon after authorization of the transaction, the loyalty program processing platform 27 can qualify the transaction for one or more reward programs. If the transaction qualifies for a reward program, the loyalty program processing platform can send reward information to the notification server, which can generate a reward notification message. The reward information may contain a phrase that indicates the consumer's status towards a reward threshold, or other suitable information. The reward notification message can be sent to the gateway 37, which can route the reward notification message to the notification device 36. The consumer 30 can receive the reward notification message while still at or near the transaction location of the merchant 22.)
the award value is calculated in response to receipt of the notification from the transaction authorization service that the transaction account has been used for a transaction with the merchant. ([0033] In a typical payment transaction, a consumer 30 may purchase goods or services at the transaction location of the merchant 22 using a portable consumer device 32 such as a credit card. The merchant 22 can send an authorization request message to the issuer 28 via the payment processing network 26. After the issuer 28 makes a decision on whether or not to authorize or not authorize the transaction, the issuer 28 may send an authorization response message back to the merchant via the payment processing network 26 and the acquirer 24. During or soon after authorization of the transaction, the loyalty program processing platform 27 can qualify the transaction for one or more reward programs. If the transaction qualifies for a reward program, the loyalty program processing platform can send reward information to the notification server, which can generate a reward notification message. The reward information may contain a phrase that indicates the consumer's status towards a reward threshold, or other suitable information. The reward notification message can be sent to the gateway 37, which can route the reward notification message to the notification device 36. The consumer 30 can receive the reward notification message while still at or near the transaction location of the merchant 22.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the machine-readable instructions further cause the computing device to at least: receive a notification from a transaction authorization service that the transaction account has been used for a transaction with the merchant; and the award value is calculated in response to receipt of the notification from the transaction authorization service that the transaction account has been used for a transaction with the merchant as taught by Trifeletti with the distance based rewards of Baca in order to prevent users that may be unaware of a reward program or forget their status in earning rewards ([0002]).
Claim(s) 4, 11, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baca et al (US 2014/0304076) in view of Zhai et al (US 2014/0040013) in view of Chen et al (US 2010/0205550
Baca teaches the limitations of claims 1, 8, and 16. As per claims 4, 11, and 19:
Baca does not expressly teach calculate a rate of change in visits to the merchant based at least in part on the change in the number of reviews.
Zhai teaches:
wherein the machine-readable instructions that cause the computing device to determine that the merchant satisfies the qualification criterion, when executed by the computing device, further cause the computing device to at least:
calculate a rate of change in visits to the merchant based at least in part on the change in the {online behavior}. (paragraph [0014] In presenting an online advertisement, such as advertisements presented within an online web store, it is important to know how the online advertisement effects customer behavior in terms of actual in-store visits and purchases. For example, such correlation information may be used to determine the most effective online marketing tactic, such as, for example, search engine marketing (SEM), search engine optimization (SEO) and e-mail, to name a few, in terms of maximizing the number and monetary amount of in-store customer purchases resulting from the online marketing.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining the change is visits based on correlations between online activity as taught by Zhai with the location dependent notifications of Baca in order to maximize the number and monetary amount of in-store customer purchases resulting from the online marketing (paragraph [0014])
Baca in view of Zhai does not expressly teach calculate a change in a number of reviews posted for a merchant to a third-party review site over a predefined interval of time.
Chen teaches:
calculate a change in a number of reviews posted for a merchant to a third-party review site over a predefined interval of time; and (paragraph [0098] The obtained user generated content may then be processed to determine statistical data related to that user generated content. For example, in one embodiment one or more of the following statistics may be computed utilizing obtained reviews associated with one or more criteria: volume of user generated content over time (for example, the number of reviews generated in a time period); volume over time per retailer (for example, the number of reviews generated at a particular retailer in a time period) number of reviews per retailer (for example, a count of ratings split per retailer); fastest rising based on volume and fastest dropping based on volume (for example, the total number of reviews today minus total reviews 90 days ago (if rating existed))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include calculating a change in the number of reviews as taught by Chen with the location dependent notifications of Baca in view of Zhai by modifying the online activity of Zhai with the review statistics of Chen in order to determine statistical data related to the user generated content (paragraph [0098]).
Further, 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 online activities of Zhai with a specific online activity of determining a number of online reviews as taught by Chen. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claim(s) 5, 12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baca et al (US 2014/0304076) in view of Zhai et al (US 2014/0040013) in view of Konig (US 2014/0244389)
Baca teaches the limitations of claims 1, 8, and 16. As per claims 5, 12, and 20:
Baca does not expressly teach wherein the machine-readable instructions that cause the computing device to determine that the merchant satisfies the qualification criterion, when executed by the computing device, further cause the computing device to at least: calculate a change in a number of check-ins for the merchant registered with a social media platform over a predefined interval of time; and calculate a rate of change in visits to the merchant based at least in part on the change in the number of check-ins.
Zhai teaches:
wherein the machine-readable instructions that cause the computing device to determine that the merchant satisfies the qualification criterion, when executed by the computing device, further cause the computing device to at least: calculate a rate of change in visits to the merchant based at least in part on the change in the {online behavior}. (paragraph [0014] In presenting an online advertisement, such as advertisements presented within an online web store, it is important to know how the online advertisement effects customer behavior in terms of actual in-store visits and purchases. For example, such correlation information may be used to determine the most effective online marketing tactic, such as, for example, search engine marketing (SEM), search engine optimization (SEO) and e-mail, to name a few, in terms of maximizing the number and monetary amount of in-store customer purchases resulting from the online marketing.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include calculate a rate of change in visits to the merchant based at least in part on the change in the {online behavior} as taught by Zhai with the location dependent notifications of Baca in order to maximize the number and monetary amount of in-store customer purchases resulting from the online marketing (paragraph [0014])
Baca in view of Zhai does not expressly teach calculate a change in a number of check-ins for the merchant registered with a social media platform over a predefined interval of time;
Konig teaches:
calculate a change in a number of check-ins for the merchant registered with a social media platform over a predefined interval of time; and (paragraph [0088-[0090] The Store Score is a number assigned to an individual to reflect their influence, spending activity, ability, and loyalty at a given store (merchant user premises or point of sale). This "store" can be a physical location or virtual presence, such as an e-commerce website. The user's influence at a store can be determined by considering the following. [0090] total check-ins at the merchant's store in the last 90 days).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining a change in the number of checkins as taught by Konig with the location dependent notifications of Baca in view of Zhai by modifying the online activity of Zhai with the check-ins of Konig in order to determine a user's spending activity, ability, and loyalty at a given store (paragraph [0088]).
Further, 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 online activities of Zhai with a specific online activity of determining a change in the number of checkins as taught by Konig. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claim(s) 6, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baca et al (US 2014/0304076) in view of Engler et al (US 2007/0271185)
Baca teaches the limitations of claims 1 and 8. As per claims 6 and 13:
Baca does not expressly teach wherein the machine-readable instructions that cause the computing device to determine that the merchant satisfies the qualification criterion, when executed by the computing device, further cause the computing device to at least calculate a rate of change in transaction volume with the merchant over a predefined interval of time.
Engler teaches:
wherein the machine-readable instructions that cause the computing device to determine that the merchant satisfies the qualification criterion, when executed by the computing device, further cause the computing device to at least calculate a rate of change in transaction volume with the merchant over a predefined interval of time. (Fig 25A; shows sales and number of transactions for a merchant for a current period compared to prior period including the % of change.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the machine-readable instructions that cause the computing device to determine that the merchant satisfies the qualification criterion, when executed by the computing device, further cause the computing device to at least calculate a rate of change in transaction volume with the merchant over a predefined interval of time as taught by Engler with the location dependent notifications of Baca in order to receive quality, meaningful information about a business, such as a franchise operation (paragraph [0024]).
Baca teaches the limitations of claim 8. As per claim 14:
Baca does not expressly teach wherein determining that the merchant satisfies the qualification criterion further comprises calculating a rate of change in sales with the merchant over a predefined interval of time.
Engler teaches:
wherein determining that the merchant satisfies the qualification criterion further comprises calculating a rate of change in sales with the merchant over a predefined interval of time. (Fig 25A; shows sales and number of transactions for a merchant fora current period compared to prior period including the % of change.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include calculating the rate of change of sales and transactions as taught by Engler with the location dependent notifications of Baca in order to receive quality, meaningful information about a business, such as a franchise operation (paragraph [0024]).
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baca et al (US 2014/0304076) in view of in view of Papineau et al (US 2019/0318376)
Baca teaches the limitations of claims 1 and 8. As per claims 7 and 15:
Baca does not expressly teach wherein the machine-readable instructions further cause the computing device to at least: receiving an indication from the client device regarding a mode of travel; and the award value is further based at least in part on the mode of travel.
Papineau teaches:
wherein the machine-readable instructions further cause the computing device to at least:
receiving an indication from the client device regarding a mode of travel; and ([0030] The data collected by the sensors, interaction with beacons, and one or more applications on the mobile device may be analyzed by the system server to verify the use of each transportation modality. The data may provide information on route travelled, time or duration of the transportation activity, and proximity to various Bluetooth and BLE signals encountered during use of the transportation modality. The system may use the collected data to determine distance traveled, mode of transportation, eligibility for rewards, reward thresholds, and updating and management of rewards for each transportation user. In this non-limiting example, each transportation modality may have differing thresholds, reward levels, point levels, and verification requirements, however, once point amounts have been determined in accordance with these parameters, all validated rewards may be accumulated in an award database file associated with each transportation user. [0033] At 104, upon the capture of the initial location of the mobile device, the system server may then determine the mode of transportation associated with the mobile device for each initial starting point. Modes of transportation may include walking, riding a bike or other wheeled conveyance powered by human muscle, scooter or motorcycle, or traveling by tram, car, bus, train, or other public transportation method.
the award value is further based at least in part on the mode of travel. (paragraph [0026] The system may use the validation of ridership for assigning reward levels for each transportation modality that may be totaled and tracked by the system. The system may prescribe certain participation reward levels for validated transportation, once again based upon the modality of the transportation in use, store data associated with the participation in transportation, again regardless of modality, in a commuter's database file, and allow the commuter to redeem rewards offered by the system. The overall validation model may provide rewards for particular participation thresholds and milestones as well as in exchange for participation levels and/or special awards relayed from one or more partner or third-party participant. [0030] The system may use the collected data to determine distance traveled, mode of transportation, eligibility for rewards, reward thresholds, and updating and management of rewards foreach transportation user. In this non-limiting example, each transportation modality may have differing thresholds, reward levels, point levels, and verification requirements, however, once point amounts have been determined in accordance with these parameters, all validated rewards may be accumulated in an award database file associated with each transportation user. [0033] Modes of transportation may include walking, riding a bike or other wheeled conveyance powered by human muscle, scooter or motorcycle, or traveling by tram, car, bus, Application/Control Number: 17/399,412 Art Unit: 3688 Page34 train, or other public transportation method. [0036] Thresholds may be configured as milestones to be met, geographic distances to be traveled, the crossing of an established geofence or geographic border, the receipt of a secondary signal that indicates the completion of a pre-set transportation boundary condition, or special circumstances that are available through third party or external partner participation. In a non-limiting example, a threshold maybe set as traveling a set distance on public transportation, regardless of the type of public transport utilized. In this non-limiting example, the threshold may also contain an additional reward validation established by a third party or partner if the end of the journey places the user at a location associated with said third party or partner. [0037] In an embodiment, at 120, if a threshold has been met, the system will formulate and transmit a reward notification to the mobile device associated with the user that has met the threshold or other reward criteria.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the machine-readable instructions further cause the computing device to at least: receiving an indication from the client device regarding a mode of travel; and the award value is further based at least in part on the mode of travel as taught by Papineu with the location based reward system of Baca in order to incentivize "green" transportation options that create health and environmental benefits, reduce harmful or toxic emissions, and decrease overall active vehicle numbers to provide longer lived roads and minimize expense of road building (paragraph [0003]).
Conclusion
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CHRISTOPHER STROUD
Primary Examiner
Art Unit 3621
/CHRISTOPHER STROUD/ Primary Examiner, Art Unit 3621
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