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 .
Acknowledgments
Claim 19 is cancelled.
Claims 1-18 are pending.
Applicant provided information disclosure statement.
Allowable Subject Matter
Claims 4-6 are allowable if rewritten to include all of the limitations of the base claim and any intervening claims, and if the independent claims were amended in such a way as to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. The closest prior art to these claims include Resheff (US20210035196A1) in further view of Lowery (US20170262784A1) in further view of Christian (US20150379531A1) who teaches recommendations with respect to more profitable locations and vendor inventory stock. However, with respect to exemplary claim 4-6, the closest prior art of record, either alone or taken in combination with any other references of record, do not anticipate or render obvious the claimed functionality of claim 4-6.
Claims 7-8 are allowable if rewritten to include all of the limitations of the base claim and any intervening claims, and if the independent claims were amended in such a way as to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. The closest prior art to these claims include Resheff (US20210035196A1) in further view of Lowery (US20170262784A1) in further view of Christian (US20150379531A1) who teaches external factors with respect to a vendor’s profitability. The external factors including the weather. However, with respect to exemplary claim 7-8, the closest prior art of record, either alone or taken in combination with any other references of record, do not anticipate or render obvious the claimed functionality of claim 7-8.
Claims 13 is allowable if rewritten to include all of the limitations of the base claim and any intervening claims, and if the independent claims were amended in such a way as to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. The closest prior art to these claims include Resheff (US20210035196A1) in further view of Lowery (US20170262784A1) in further view of Hanson (US 20020143560A1) who teaches a search function with respect to vendors. However, with respect to exemplary claim 13, the closest prior art of record, either alone or taken in combination with any other references of record, do not anticipate or render obvious the claimed functionality of claim 13.
Claims 14-15 are allowable if rewritten to include all of the limitations of the base claim and any intervening claims, and if the independent claims were amended in such a way as to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. The closest prior art to these claims include Resheff (US20210035196A1) in further view of Lowery (US20170262784A1) in further view of Christian (US20150379531A1) who teaches an interactive map. However, with respect to exemplary claim 7-8, the closest prior art of record, either alone or taken in combination with any other references of record, do not anticipate or render obvious the claimed functionality of claim 7-8.
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 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more than the judicial exception itself.
Regarding Step 1 of subject matter eligibility for whether the claims fall within a statutory category (See MPEP 2106.03), claims 1-18 are directed to non-transitory computer-readable medium, system, and method.
Regarding step 2A-1, Claims 1-18 recite a Judicial Exception. Exemplary independent claim 1 and similarly claims 17 and 18 recite the limitations of
…receiving…information from a plurality of mobile vendors comprising: details sufficient to identify each mobile vendor, goods and/or services provided by each mobile vendor; information for populating a multi-access calendar relating to the proposed presence of each mobile vendor at specific geographic locations on particular days and times; receiving…information from one or more individuals comprising: details of one or more mobile vendors of interest, goods and/or services of interest, from goods and/or services offered for purchase by each of the registered mobile vendors of interest; enabling…each of the one or more individuals to view the multi-access calendar populated with information regarding the proposed presence of mobile vendors of interest, and to record their interest in goods and/or services proposed to be offered by the mobile vendor(s) of interest at a specific geographic location on a particular day and time; providing…prior to the individual(s) submitting an order for goods and/or services, one or more reports to the mobile vendors regarding any recorded interest from individuals with respect to goods and/or services proposed to be offered by the mobile vendors for purchase at specific geographic locations on particular days and times; enabling…the mobile vendors to adjust, in the multi-access calendar, the information regarding their proposed presence at specific geographic locations on particular days and times based upon receipt of the one or more reports regarding recorded interest from the individuals with respect to the goods and/or services proposed to be offered for purchase, wherein any adjustment(s) made by the vendor regarding any one or more of the location, date and time of a proposed presence are reflected in the multi-access calendar viewable by the one or more individuals in substantially real-time…notifying…the individuals who recorded their interest in attending a mobile vendor site at a specific geographic location at a proposed date and time regarding any adjustment made by the vendor with respect to any one or more of the location, date and time.
These limitations, as drafted, are a process that, under its broadest reasonable interpretation cover concepts of receiving, viewing, recording, transmitting, and adjusting data. The claim limitations fall under the abstract idea grouping of mental process, because the limitations can be performed in the human mind, or by a human using a pen and paper. For example, but for the language of a system and non-transitory computer-readable medium, the claim language encompasses simply receiving information from mobile vendors, receiving information from individuals, viewing a multi-access calendar, recording interests, providing reports, adjusting the multi-access calendar, and notifying individuals. These steps are mere data manipulation steps that do not require a computer. Manipulating a calendar based on received information and then notifying individuals about the change is not novel and has been done before the technological age.
The claims recite notifying individuals with respect to mobile vendors. Mobile vendors are in the business of selling goods and services to individuals. The claims also recite populating and adjusting a calendar. This clearly falls under mobile vendor management and individual management with respect to sales of a mobile vendor. These make the claims fall in the abstract idea grouping of certain methods of organizing human activity (sales activity, fundamental economic principles or practices; business relations, interactions between people). It is clear the limitations recite these abstract idea groupings, but for the recitations of generic computer components. The mere nominal recitations of generic computer components does not take the limitations out of the mental process and certain methods of organizing human activity grouping. The claims are focused on the combination of these abstract idea processes.
Regarding step 2A-2- This judicial exception is not integrated into a practical application, and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
The claim recites the additional elements of processors, system, computer and non-transitory computer-readable medium.
These components are recited at a high level of generality, and merely automate the steps. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component.
The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer components or software. Accordingly, even in combination, 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.
Further, the claims do not provide for recite any improvements to the functioning of a computer, or to any other technology or technical field; applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition; applying the judicial exception with, or by use of, a particular machine; effecting a transformation or reduction of a particular article to a different state or thing; or applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
The dependent claims have the same deficiencies as their parent claims as being directed towards an abstract idea, as the dependent claims merely narrow the scope of their parent claims. For example, the dependent claims further describe how the adjustments are made such as by way of recommendations. In addition, the dependent claims further describe what type of information is received from the plurality of vendors such as locations visited to obtain stock. The dependent claims further describe where the information is received from, such as from external sources.
Regarding step 2B the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because claim 1 recites
Method, however method is not considered an additional element
Claim 1 further recites processor
Claim 11 recites email, text message, and/or push notification.
Claim 17 recites system and processor
Claim 18 recites computer and non-transitory computer-readable medium.
When looking at these additional elements individually, the additional elements are purely functional and generic the Applicant specification states general purpose computer configurations as seen in para 0044 and 0074.
When looking at the additional elements in combination, the Applicant’s specification merely states general purpose computer configurations as seen in para 0044 and 0074. The computer components add nothing that is not already present when the steps are considered separately. See MPEP 2106.05
Looking at these limitations as an ordered combination and individually adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use generic computer components, recitations of generic computer structure to perform generic computer functions that are used to "apply" the recited abstract idea. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claim as a whole amounts to significantly more than the abstract idea itself.
Since there are no limitations in these claims that transform the exception into a patent eligible application such that these claims amount to significantly more than the exception itself, claims 1-18 are rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2, 3, 9, 10, 11, 12, 16, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Resheff (US20210035196A1) in further view of Lowery (US20170262784A1).
Regarding claims 1 and similarly claims 17 and 18, Resheff teaches
A computer-implemented method for alerting individuals regarding the proposed presence of a mobile vendor at a specific geographic location at a particular date and time, the method including comprising (See para 0006-What is needed is a method and system to accurately determine, track and predict the locations of mobile merchants and then use this information to provide customers of the merchants with timely and relevant data related to the mobile merchants and mobile merchants' locations.) (See para 0008-Once the mobile merchants are identified, the locations and schedules of the mobile merchants are determined. ) This teaches a method for alerting customers with respect to a mobile vendor and their location with respect to time and date (i.e. schedule).
A computer-implemented system for alerting individuals to the proposed presence of a mobile vendor at a specific geographic location at a particular date and time, the system(See para 0006-What is needed is a method and system to accurately determine, track and predict the locations of mobile merchants and then use this information to provide customers of the merchants with timely and relevant data related to the mobile merchants and mobile merchants' locations.) (See para 0008-Once the mobile merchants are identified, the locations and schedules of the mobile merchants are determined )(See figure 1) This shows a system with a processor.
A non-transitory computer-readable medium comprising computer instruction code that, when executed on a computer, causes one or more processors to perform the steps of (See figure 1) (See para 0036-The data management system 202 includes processor 203 which, along with physical memory 204, coordinates the operation and interaction of the associated data and data processing modules.) This shows a system with memory.
receiving, by one or more processors, information…details sufficient to identify each mobile vendor, goods and/or services provided by each mobile vendor (See para 0057-Process 300 begins at 302 and process flow proceeds to 304. At 304, a first set of transaction records associated with a first time period is obtained. Transaction data in the first set of transaction records comprises data such as, but not limited to, a customer identification, a merchant identification, and a description string…Merchant identification includes a merchant name and account number.) (See figure 2, 3, and 6). This teaches a system receives data such as transaction data. The data includes details to identify the mobile vendor and goods offered by the mobile vendor. For example, the vendor name is Tito’s Tacos which is the vendor name and provides good offered by the vendor (i.e. tacos).
Even though Resheff teaches receiving transaction records, it is not clear that it is received from a plurality of mobile vendors, however Resheff in another section does teach plurality of mobile vendors (See para 0025- FIG. 1 illustrates a flow diagram of a process 100 for identifying mobile merchants, tracking the mobile merchant locations, and providing current and potential customers with data related to the mobile merchants) This shows mobile merchants which corresponds to mobile vendors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined receiving transaction records with mobile vendors as well because this would allow mobile vendors to also share data with the data management system. For example, the mobile vendors could use the third-party computer system as seen in fig. 2 and send information that would make up the merchant database. The merchant would also be able to send the most up to data transaction data that would reflect their most recent performance. This would make the system of Resheff more sophisticated.
Resheff further teaches information for populating a multi-access calendar relating to the proposed presence of each mobile vendor at specific geographic locations on particular days and times; The data used from the transaction records are used to populate a schedule (i.e. calendar). The schedule will show mobile vendor location with respect to time and day. This schedule is multi-access since a plurality of customers are able to see it. (See fig. 7a and 7b) (See para 0009-Consequently, the disclosed embodiments can be used to accurately determine, track and predict the locations of mobile merchants and provide customers of the merchants, who are also users of a data management system, with timely and relevant data related to the mobile merchants, including predictions as to where the mobile merchants will be at a given time.) (See para 0143-Thus the system and method disclosed herein is able to predict that “Halloween-mart” is likely to be conducting transactions in the general vicinity of “Main Street, San Jose, CA” from Sep. 21, 2019 to Nov. 1, 2019 in the year 2019. An example predicted schedule 700 b for “Halloween-mart” is shown in FIG. 7B.) (See item 942).
receiving, by one or more processors, information from one or more individualsThe transaction record data also corresponds to data from individuals (i.e. customers). This information includes mobile vendors of interest (i.e. mobile vendors that the customer frequents) which also corresponds to the goods/services of interest. (See para 0153-At 810, the transaction record data is further processed to determine which customers frequently conduct transactions with which mobile merchants.) (See fig. 9a and 9b). This information can be taken from customer’s credit card or banks. (See para 0057- The transaction data is stored in a data structure, such as a tabular record. For example, the transaction data may be stored in vectors, database rows, and XML files. The transaction data may be collected from third party institutions, such as, but not limited to, banks, credit card companies, and insurance companies.)
enabling, by one or more processors, each of the one or more individuals to view the multi-access calendar populated with information regarding the proposed presence of mobile vendors of interest (See para 0171-. Additionally, a current, future, or historical calendar or schedule may be provided to a customer, containing location data for a particular mobile merchant over any period of time desired by the customer.) This shows customers can view the schedule/calendar of the vendor.
and to record their interest in goods and/or services proposed to be offered by the mobile vendor(s) of interest at a specific geographic location on a particular day and time; (See para 0175-In addition to receiving data about merchants that a customer frequents, a customer might also indicate an interest in specific mobile merchants, who may be mobile merchants that the customer has not previously conducted transactions with. A customer may indicate an interest in one or more specific mobile merchants, for instance, through a user interface provided by the method and system disclosed herein) (See para 0196-At 1012, data representing one or more dates of interest associated with a potential customer and one or more locations of interest associated with a potential customer is obtained) This teaches the system records customers’ interest with different merchants with respect to interested time and location.
Even though Resheff teaches vendors and customers, it doesn’t teach the mobile vendor are provided with a report. However Lowery teaches
providing, by one or more processors, prior to the individual(s) submitting an order for goods and/or services, one or more reports to the mobile vendors regarding any recorded interest from individuals with respect to goods and/or services proposed to be offered by the mobile vendors for purchase at specific geographic locations on particular days and times (See para 0088- The matched data permits development of business insights which can be provided to the food truck or other mobile business, such as business performance by location and time of day/day of week and headroom opportunity (i.e., potential profits—spending at competitors and thus the opportunity to increase profits). The data also allows for understanding eating needs by neighborhood. Indeed, examples of insights that can be gleaned include business performance by location and time of day/day of week, e.g. share of wallet, average ticket, customer demographics (e.g., age, income, gender, and the like); and/or opportunity by location and time of day/day of week (headroom for location).) This shows a report of business insights is sent to the food truck vendor. This includes recorded interests of customers with respect to location, time of day, and day. The recorded interest here is by the way of historical business performance. This is seen by the vendor prior to any future purchases by the customers.
Resheff and Lowery are analogous art because they are from the same problem-solving area of mobile vendors management and both belong to G06Q30 classification. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Resheff’s invention by incorporating the method of Lowery because Resheff would also be able to generate reports that are used by the system. Seeing reports on what customers are interested in would help the system of Resheff send more accurate information to the customers such as mobile vendor schedules. In addition, having reports about customer interests would also let the vendors use the system of Resheff to see what schedule they need to set in order to make the most sales. This would make the system of Resheff more sophisticated.
Even though Resheff teaches vendor schedules that are adjusted based on new data (See para 0030), it doesn’t teach the mobile vendor schedules are adjusted based on a report, however Lowery teaches
enabling, by one or more processors, the mobile vendors to adjust, in the multi-access calendar, the information regarding their proposed presence at specific geographic locations on particular days and times based upon receipt of the one or more reports regarding recorded interest from the individuals with respect to the goods and/or services proposed to be offered for purchase (See para 0086- Food carts and other mobile businesses are interested in understanding business performance and opportunity by geographic location. The goal is to better understand performance as compared to the competition and to identify and select optimal sites. )(See para 0088- Indeed, examples of insights that can be gleaned include business performance by location and time of day/day of week, e.g. share of wallet, average ticket, customer demographics (e.g., age, income, gender, and the like); and/or opportunity by location and time of day/day of week (headroom for location). This allows the food truck or other mobile business to select optimal locations by time of day and day of week to grow sales volume and gain market share) (See para 0100- A proxy can be provided based on the number of total transactions in an area. Live updates can be provided to the food truck, to let the truck know of, e.g., the top 5 or 10 areas with a transaction volume spike so the truck can consider moving to a new location) This shows that the vendor can adjust information such as changing their location and timing to increase revenue. This is done by looking at what location, times, and days are the most lucrative. The multi-access calendar is already taught by Resheff.
Resheff and Lowery are analogous art because they are from the same problem-solving area of mobile vendors management and both belong to G06Q30 classification. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Resheff’s invention by incorporating the method of Lowery because Resheff would also be able to generate reports that are used by the system. Seeing reports on what customers are interested in would help the system of Resheff send more accurate information to the customers such as mobile vendor schedules. In addition, having reports about customer interests would also let the vendors use the system of Resheff to see what schedule they need to set in order to make the most sales. This would make the system of Resheff more sophisticated.
In addition Resheff further teaches ,wherein any adjustment(s) made by the vendor regarding any one or more of the location, date and time of a proposed presence are reflected in the multi-access calendar viewable by the one or more individuals in substantially real-time (See para 0030- At 110, after the mobile merchant identification process is conducted, the list of mobile merchants is treated as static and newly available transaction data is utilized to continually update the mobile merchant data, such that accurate, timely, and relevant information regarding the locations and schedules of the mobile merchants can be made available to customers of the mobile merchants.) This shows an adjustment is made and is reflected in the multi-access calendar (i.e. schedule) which is viewable by a plurality of customers. This type of information can be seen in real time as taught here (See para 0126- For example, in one illustrative embodiment, a customer of a merchant may indicate, for instance, through a user interface provided by the method and system disclosed herein, that they would like to be notified in real-time about the location of a specified merchant)
and automatically notifying, by one or more processors, the individuals who recorded their interest in attending a mobile vendor site at a specific geographic location at a proposed date and time regarding any adjustment made by the vendor with respect to any one or more of the location, date and time. Customers are notified based on if they showed interest in the vendor. (See fig. 9A and 9B) (See para 0161- For example, a customer might specify, through a user interface provided by the method and system disclosed herein, that they would like to be alerted about the actual and/or predicted location of a particular mobile merchant, minutes, hours, days, weeks, months, or even years in advance) (See para 0171- As noted above, a customer may indicate one or more dates/times of interest, for instance, through a user interface provided by the method and system disclosed herein, or a default date/time of interest, such as the current date and current time of day may be used. The system and method disclosed herein may automatically send an alert containing mobile merchant location data to a customer upon a determination that a mobile merchant frequented by the customer has begun conducting transactions at a location in close proximity to one or more locations of interest associated with the customer.)
Regarding claim 2, Resheff and Lowery teach the limitations of claim 1, however Resheff further teaches
wherein based on an adjustment by the vendor regarding any one or more of the location, date and time, the method further comprises providing, by one or more processors, the individual with one or more alternative proposed presences of the mobile vendor at an alternative geographic location and/or an alternative date and/or time. Examiner interprets this to mean the customer sees the adjustment. This is taught here (See para 0030- At 110, after the mobile merchant identification process is conducted, the list of mobile merchants is treated as static and newly available transaction data is utilized to continually update the mobile merchant data, such that accurate, timely, and relevant information regarding the locations and schedules of the mobile merchants can be made available to customers of the mobile merchants.) (See para 0126- . For example, in one illustrative embodiment, a customer of a merchant may indicate, for instance, through a user interface provided by the method and system disclosed herein, that they would like to be notified in real-time about the location of a specified merchant. ) This shows that as new data comes in, the schedule is adjusted and provided to the customers.
Regarding claim 3, Resheff and Lowery teach the limitations of claim 1, however Resheff further teaches
Wherein…any recorded interest with respect to goods and/or services proposed to be offered by the mobile vendors comprises an indication of the number of individuals who have recorded their interest with respect to goods and/or services proposed to be offered by the mobile vendors for purchase at specific geographic locations on particular days and times. (See fig. 9a and 9b) This shows number of individuals who have recorded interest with respect to a merchant. The table shows the count.
However Resheff doesn’t teach, the one or more reports provided to mobile vendors
However Lowery teaches the one or more reports provided to mobile vendors (See para 0086- Food carts and other mobile businesses are interested in understanding business performance and opportunity by geographic location. The goal is to better understand performance as compared to the competition and to identify and select optimal sites. )(See para 0088- Indeed, examples of insights that can be gleaned include business performance by location and time of day/day of week, e.g. share of wallet, average ticket, customer demographics (e.g., age, income, gender, and the like); and/or opportunity by location and time of day/day of week (headroom for location). This allows the food truck or other mobile business to select optimal locations by time of day and day of week to grow sales volume and gain market share) (See para 0100- A proxy can be provided based on the number of total transactions in an area. Live updates can be provided to the food truck, to let the truck know of, e.g., the top 5 or 10 areas with a transaction volume spike so the truck can consider moving to a new location) This shows that a report of insights is given to the vendor.
Resheff and Lowery are analogous art because they are from the same problem-solving area of mobile vendors management and both belong to G06Q30 classification. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Resheff’s invention by incorporating the method of Lowery because Resheff would also be able to generate reports that are used by the system. Seeing reports on what customers are interested in would help the system of Resheff send more accurate information to the customers such as mobile vendor schedules. In addition, having reports about customer interests would also let the vendors use the system of Resheff to see what schedule they need to set in order to make the most sales. This would make the system of Resheff more sophisticated.
Regarding claim 9, Resheff and Lowery teach the limitations of claim 1, however Resheff further teaches
Wherein the information received from the one or more individuals further comprising a geographical location of the one or more individuals. (See para 0162- Data regarding a customer's present location may be obtained through a variety of mechanisms. Such mechanisms may include, but are not limited to, determination of a customer's location based on GPS data retrieved from a customer's computer and/or mobile device) This teaches gps data from a customer/individual.
Regarding claim 10, Resheff and Lowery teach the limitations of claim 9, however Resheff further teaches
providing, by one or more processors, individuals who have previously expressed interest in a mobile vendor and/or the goods and/or services of the mobile vendor with an alert or notification regarding the proposed presence of the mobile vendor in instances where the mobile vendor's proposed presence comprises a location within a predetermined vicinity of the individual's geographic location. (See fig. 9a and 9b) (See para 0171- The system and method disclosed herein may automatically send an alert containing mobile merchant location data to a customer upon a determination that a mobile merchant frequented by the customer has begun conducting transactions at a location in close proximity to one or more locations of interest associated with the customer) (See para 0160- At 814, data representing one or more dates of interest associated with a customer and one or more locations of interest associated with a customer is obtained and corresponding merchant location data is retrieved from the one or more mobile merchants tables.) This shows an alert is given based on customer in close proximity to a vendor. This customer can be a customer that showed interest since they were frequent at the vendor in the past.
Regarding claim 11, Resheff and Lowery teach the limitations of claim 10, however Resheff further teaches
wherein the alert or notification is any one or more of an email, text message, and/or push notification. (See para 0173- Mobile merchant data may be provided to a customer by any method of alerting or providing data to a customer currently known to those of skill in the art, or any other means of providing data as may be developed after the time of filing. Such means of alerting or providing data typically include, but are not limited to, sending a Short Media Service (SMS) message, sending a Multimedia Messaging Service (MMS) message, sending a message though an instant messaging service, sending an email).
Regarding claim 12, Resheff and Lowery teach the limitations of claim 1, however Resheff further teaches
wherein the information…compromises a category of mobile vendor, and a category of goods and/or services provided by the mobile vendor. (See fig. 6, 7A, and 7B) This shows category of mobile vendor such as tacos and goods offered such as tacos. This is seen from the merchant data stating “Tito’s tacos.”
Even though Resheff teaches receiving transaction records, it is not clear that it is received from a plurality of mobile vendors, however Resheff in another section does teach plurality of mobile vendors (See para 0025- FIG. 1 illustrates a flow diagram of a process 100 for identifying mobile merchants, tracking the mobile merchant locations, and providing current and potential customers with data related to the mobile merchants) This shows mobile merchants which corresponds to mobile vendors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined receiving transaction records with mobile vendors as well because this would allow mobile vendors to also share data with the data management system. For example, the mobile vendors could use the third-party computer system as seen in fig. 2 and send information that would make up the merchant database. The merchant would also be able to send the most up to data transaction data that would reflect their most recent performance. This would make the system of Resheff more sophisticated.
Regarding claim 16, Resheff and Lowery teach the limitations of claim 1, however Resheff further teaches
comprising: providing, by one or more processors, a sharing facility allowing individuals to share with other individuals any one or more of: interest in goods and/or services of a mobile vendor at a specified geographic location and at a particular day and time, an intention to purchase goods and/or services from a particular mobile vendor at a specified geographic location and at a particular day and time, and their experiences with purchasing goods and/or services from particular mobile vendors. (See para 0008- In addition, customers of the mobile merchants who are also users of the data management system are further provided with mechanisms for receiving and requesting a variety of data related to the mobile merchants, such as location proximity alerts, offers, reviews, ratings, and predictions.) The data management system corresponds to sharing facility since the customers can see experiences with purchasing services which correspond to reviews.
Conclusion
The prior art made of record and not relied upon considered pertinent to Applicant’s disclosure.
Hanson (US 20020143560 A1) who teaches a search function with respect to vendors.
Christian (US20150379531A1) who teaches external factors with respect to a vendor’s profitability. The external factors including the weather.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAFA IQBAL whose telephone number is (469)295-9241. The examiner can normally be reached Monday Thru Friday 9:30am-7:30 CST.
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/MUSTAFA IQBAL/Primary Examiner, Art Unit 3625