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 preliminary amendment filed on 2/12/2025.
Claims 3-9, 14, 16, 17, 19, 22, 23, 25, 26, 28, and 29 have been amended.
Claims 1-29 are pending and have been examined.
Claim Interpretation
The term “sales area” is interpreted in accordance with the standard provided by the specification. The specification states “The sales area can be understood as, for example, the outdoor sales area of a market, the interior of a supermarket building, or even a small shop in a street, etc., i.e., in general, a business premises or the area in the business premises where products are presented for sale.” Thus, sales area will be interpreted as “business premises or the area in the business premises where products are presented for sale.”
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites “checking whether representation data (RD) are available representing advertising, in particular, relating to the sales area (4) and/or relating to a product offered, in particular, relating to the sales area (4), which advertising has been transmitted via the Internet to the user device (2) itself or to another device linked to the user device (2),” This phrase is grammatically incorrect. With regard to the “which advertising has been transmitted…” portion, the examiner recommends removing “which” and replacing it with “wherein the.” The first portion of the limitation with the use of “in particular” is addressed below under 112(b). Appropriate correction is required.
Claim 1 is objected to because of the following informalities: Claim 1 recites “a mobile user device” and then throughout the claims (1-29) switches between referring to it as the user device and the mobile user device. While the examiner can tell that they both refer to the same thing, it would improve the clarity and consistency of the claims to change all recitations to either “the user device” or “the mobile user device.” Appropriate correction is required.
Claim 13 is objected to for the following informalities: Claim 13 recites “in particular”. This language is extra and does not add anything to the claim. The examiner recommends removing it. Appropriate correction is required.
Claim 17 recites the limitation “on an electronic shelf label, referred to as an "electronic shelf label".” The “referred to as an “electronic shelf label” is redundant. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “determining in a radio-based manner that a mobile user device (2) is positioned at least in the vicinity of a sales area (4).” The term “in the vicinity of” is a relative term which renders the claims indefinite. The term “in the vicinity of” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What would be considered in the vicinity to one person may not be considered within the vicinity to another person. Is 2feet in the vicinity? Is 1 miles within the vicinity? One of ordinary skill in the art would not be able to ascertain the metes and bounds of what would or would not be considered within the vicinity. As a result, the claims are indefinite. The examiner recommends removing “in the vicinity of” and just claiming that the user is in the sales area. Claims 2-29 are rejected as each depends from claim 1.
Similarly, claims 2 and 7 also recite “in the vicinity of.” For the same reasons discussed above with regard to claim 1, claims 2 and 7 are also indefinite based on the use of this phrase. Claims 9-13 would additionally be rejected as each depends from claim 2.
Claim 1 recites “checking whether representation data (RD) are available representing advertising, in particular, relating to the sales area (4) and/or relating to a product offered, in particular, relating to the sales area (4), which advertising has been transmitted via the Internet to the user device (2) itself or to another device linked to the user device (2).” It is unclear as to whether the use of “in particular” is meant to limit the claim or is merely optional. Thus, the examiner cannot ascertain the metes and bounds of the claims. The first “in particular” appears to limit the advertising to being related to a sales area or product offered. The second in particular seems to further limit it to merely relating to the sales area. If is limited to the sales area, then the previous limitation regarding it being sales area or a product offered is irrelevant because it has to be related to the sales area. The use of “in particular” makes applicant’s intention unclear.
If the limitation is meant to limit the advertising to being related to the sales area, the examiner recommends amending the claims as follows:
checking whether representation data (RD) are available representing advertising, wherein the advertising is related to the sales area (4)
If the limitation is meant to keep the limitation as optional, the examiner recommends amending the claims as follows:
checking whether representation data (RD) are available representing advertising,wherein the advertising is related to the sales area (4) and/or related to a product offered,
For purposes of examination, the limitation will be interpreted as being related to the sales area. The remaining claims are rejected as each depends from claim 1.
Claim 6 recites “the purchase.” There is insufficient antecedent basis for this limitation in the claim. There is no prior mention of “a purchase.” Thus, it is unclear as to whether the “the purchase” should merely be “a purchase” or if the claim is referring to some other purchase that already occurred. The claim will be treated as “a purchase” for purposed of examination.
Claim 11 recites the limitation “the radio device.” There is insufficient antecedent basis for this limitation in the claim. Claim 11 depends from claim 10, which depends from claim 9, which depends from claim 2, which depends from claim 1. There is no prior mention of a radio device. Thus, it is unclear as to what the radio device is referring to. The only prior mention of a radio device appears in claim 8, which claim 11 used to at least partially depend from. One solution may be to combine claims 2 and 8 or change claim 11 to “a radio device.”
Claim 12 recites the limitation “the radio device.” There is insufficient antecedent basis for this limitation in the claim. Claim 12 depends from claim 10, which depends from claim 9, which depends from claim 2, which depends from claim 1. There is no prior mention of a radio device. Thus, it is unclear as to what the radio device is referring to. The only prior mention of a radio device appears in claim 8. One solution may be to change claim 12 to “a radio device.”
Claim 13 recites the limitation “the data processing device.” There is insufficient antecedent basis for this limitation in the claim. Claim 13 depends from claim 10, which depends from claim 9, which depends from claim 2, which depends from claim 1. There is no prior mention of a data processing device. Previous claims refer to a “data processing system.” Thus, it is unclear as to whether the data processing device is meant to refer to the data processing system or a new data processing device. The examiner recommends either amending “the data processing device” to “the data processing system” if it is meant to refer to the previously mentioned claim element or amend to “a data processing device” if it is meant to introduce a new device. For purposes of examination, the claim will be interpreted as referring to the data processing system.
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 1-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-29 are directed to a method. Thus, on their face they fall within the four statutory categories of patentable subject matter.
Step 2A prong 1:
The following limitations, when considered individually and as an ordered combination, are merely descriptive of abstract concepts:
determining that user is positioned at least in the vicinity of a sales area (4),
checking whether representation data (RD) are available representing advertising, in particular, relating to the sales area (4) and/or relating to a product offered, in particular, relating to the sales area (4), which advertising has been transmitted to the user, and
- automatically triggering of at least one function that corresponds to the representation data (RD).
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
2. (Original) The method according to Claim 1, wherein, during the course of determining that the user (2) is positioned at least in the vicinity of the sales area (4), identification data (ID) are captured, which identification data (ID) identify the user (2) or the user of the user device (2).
3. (Currently Amended) The method according to Claim l, wherein the automatic triggering of the function comprises at least one of the following activities, namely:
- logging the proximity that has occurred,
- automatically transmitting an message to the user (2),
- automatically transmitting an message to a data processing system (3) assigned to the operator of the sales area (4),
wherein the logging and/or automatic transmission of the message represents a single event of the proximity that has arisen or forms a representation of a plurality of such individual events.
4. (Currently Amended) The method according to Claim l, wherein the automatic triggering of at least one function that corresponds to the representation data (RD) entails that, on the basis of a data storage which stores the product position of products in the sales area (4) by means of product position data, the representation data (RD) are linked to the product position data for the product effected by the representation data (RD).
5. (Currently Amended) The method according to Claim l, wherein the automatic triggering of at least one function that corresponds to the representation data (RD) entails that a discount for the product advertised by the advertisement is automatically provided for automatic use.
6. (Currently Amended) The method according to Claim l, wherein the automatic triggering of at least one function that corresponds to the representation data (RD) entails that, as a result of the purchase of the product in the sales area, (4) purchase confirmation data are automatically generated, wherein the purchase confirmation data document a relationship between the advertisement and the purchased product, and the purchase confirmation data are made available for further processing.
7. (Currently Amended) The method according to Claim l, wherein location determination is based on the fact that position data, which position data represent the position of the user (2), are received by an entity, and it is determined there that the user (2) is at least in the vicinity of the sales area (4), wherein the location of the sales area (4) is known to the entity (1); however, the entity (1) is not assigned to the sales area (4) or its operator.
9. (Currently Amended) The method according to Claim 2, wherein the captured identification data (ID) are transmitted to a data processing system (3) assigned to the sales area (4) or to the operator of the sales area (4).
10. (Original) The method according to Claim 9, wherein the data processing system (3) is used to check whether the representation data (RD) are present.
11. (Original) The method according Claim 10, wherein the data processing system (3) contacts the user for the purpose of checking whether the representation data (RD) are available and obtains the representation data (RD) from the user (2) and further processes such representation data (RD).
12. (Original) The method according to Claim 10, wherein the data processing system (3) initially receives a data record comprising the identification data (ID) and related representation data (RD) from a entity(1) distinct from the user (2), which is not assigned to the sales area (4) or its operator, and stores it for subsequent processing and as a consequence of the ascertained occurrence of the user (2) into the range checks whether a data record with the identification data (ID) that was also transmitted when the user (2) entered the range (40; 50A - 50C) has been stored, and, in the event of a positive test result, further processes the representation data (RD) of the data record.
13. (Original) The method according to Claim 10, wherein the user (2) communicates the entry into the range (40; 50A - 50C) to a entity (1) which is not assigned to the sales area (4) or its operator and which stores the representation data (RD) provided for the user (2), and this entity (1) transmits a data record comprising the identification data (ID) and related representation data (RD), which belongs to the user (2) communicating the entry into the range (40; 50A-50C) to the data processing system (3), and the data processing system (3) checks whether a data record with identical identification data (ID) has been received for the identification data (ID) of the user (2) entering the range (40; 50A - SOC), and, in the event of a positive test result, further processes the representation data (RD) of the data record.
14. (Currently Amended) The method according to Claim 8, wherein the automatic triggering of the function is a human-perceptible reproduction/playback comprising one of the following forms of reproduction/playback, namely:
- a light-signal reproduction,
- a text reproduction,
- an audio playback,
- an image reproduction,
- a video playback.
15. (Original) The method according to Claim 14, wherein the content of the humanly perceptible representation is determined by the representation data (RD).
16. (Currently Amended) The method according to Claim 14, wherein the human-perceptible reproduction/playback is triggered on the user (2).
17. (Currently Amended) The method according to Claim 14, wherein the human-perceptible reproduction/playback is triggered on an display (5A - 5L),
18. (Original) The method according to Claim 17, wherein the automatic triggering of
the human-perceptible reproduction/playback is selectively carried out only for those displays device(s) (5C) whose content is or is affected by the representation data (RD) or by the advertising represented by means of the representation data (RD).
19. (Currently Amended) The method according to Claim 17, wherein the automatic triggering of the human-perceptible reproduction/playback is carried out depending on the position of the user (2) in the sales area (4).
20. (Original) The method according to Claim 19, decide whether a distance threshold value between the display (5A - 5C) and the user (2) has been fallen short of, which serves as a criterion for triggering the human-perceptible reproduction/playback.
22. (Currently Amended) The method according to Claim 14, wherein the human-perceptible reproduction/playback is used for navigation to the position in the sales area (4) provided for the product advertisement concerns.
23. (Currently Amended) The method according to Claim 8, wherein after the user (2) has entered the range (40; 50A-50C) assigned to the sales area (4) is checked by the user (2) and/or by a data processing system (3) assigned to the sales area (4) whether the representation data (RD) is related to the sales area (4).
24. (Original) The method according to Claim 23, wherein the reference to the sales area (4) is established by the fact that the representation data (RD) indicate the sales area (4) as
advertised as such.
25. (Currently Amended) The method according to Claim 23, wherein the reference to the sales area (4) is established by the fact that the representation data (RD) indicate a product offered in the sales area (4) as advertised.
26. (Currently Amended) The method according to Claim 23, wherein the user (2) and/or the data processing system (3) generates advertising success data (WD1 -WD3) if a reference to the sales area (4) is established.
27. (Original) The method according to Claim 26, wherein the advertising success data (WD2) are generated when a distance between the user (2) and the advertised product determined on the basis of at least one signal has fallen below a distance threshold value.
28. (Currently Amended) The method according to Claim 26, wherein the advertising success data (WD3) are generated if an interaction has taken place between the user (2) and the display (5A - 5L) assigned to the advertised product, preferably an interaction concluding a purchase
29. (Currently Amended) The method according to Claim 26, wherein the advertising success data (WD1 - WD3) are transmitted from the user (2) or the data processing system (3) to a entity (1) from which the advertisement was provided and which is not assigned to the sales area (4) or its operator.
The claims provide a manner of determining a user is positioned near a sales area, checking whether the user has previously viewed advertisements relating to the sales area, and triggering a function based on the check. Thus, when considered individually and as an ordered combination, the claims embody certain methods of organizing human activity. Specifically, such activity is in the form of commercial interactions (in the form of advertising, marketing or sales activities or behaviors).
Additionally, but for the inclusion of generic computing components, one could perform the steps of the invention either mentally or with pen and paper. A human analog would be able to determine in a radio based manner that a mobile device was in a sales area (i.e. visually or auditorily), check a record of whether the user had received advertisements related to the sales area, and take an action based on the checking. As a result, the claims also fall under the mental process grouping of abstract ideas.
Step 2A prong 2: This judicial exception is not integrated into a practical application. The claims recite the following additional elements: radio-based manner/ radio based determination (claim 1); mobile user device (claim 1, 2, 3, 7, 11, 12, 13, 16, 19, 20, 23, 26, 27, 28, 29); via the Internet (claim 1, 13); another device linked to the user device (2) (claim 1, 12); electronic message (claim 3); database (claim 4); radio from a computer (1) available via the Internet (claim 7); computer (claim 7, 12, 13, 29); wherein the radio-based determination is based on the fact that the mobile user device (2) has entered a radio range (40; 50A - 50C) which radio range (40; 50A - 50C) is covered by radio device assigned to the sales area (4) / enter the radio range of the radio device / radio signal (claim 8, 11, 12, 13, 23, 27); data processing device (claim 13); electronic display device, in particular, on an electronic shelf label, referred to as an "electronic shelf label". (claim 17, 18, 20, 28); Bluetooth beacon (claim 20); wherein the electronic display device (5A - 5C) comprises at least one LED (7) which is controlled for flashing light-signal reproduction. (claim 21); electronic interaction (claim 28); interaction device (claim 28); in particular, the electronic interaction as a near-field communication (abbreviated NFC) interaction has taken place (claim 28);
The mobile user device, another device linked to the mobile user device, database, computer, data processing device, electronic display device, in particular, on an electronic shelf label, referred to as an "electronic shelf label", wherein the electronic display device (5A - 5C) comprises at least one LED (7) which is controlled for flashing light-signal reproduction are recited at a high level of generality and merely “apply it” using generic computing devices (spec page 2, 4, 5, 7, 10, 33).
The mobile device/ other device merely resents the user and is used to send and receive data. Nothing in the claims improves upon mobile device technology or a technical field. (See MPEP 2106.05(f)).
The database is merely used as a means of storing and retrieving data. Nothing in the claims improves upon database technology or a technical field (See MPEP 2106.05(f)).
The computer / data processing device are merely used to resent the entity charged with matching the advertising to the user being in the sales area. If merely sends and receives data and processes data. Nothing in the claims improves upon computer technology or a technical field (See MPEP 2106.05(f)).
The electronic display device, in particular, on an electronic shelf label, referred to as an "electronic shelf label", wherein the electronic display device (5A - 5C) comprises at least one LED (7) which is controlled for flashing light-signal reproduction is merely used for generic displaying. Nothing in the claims improves upon display technology or a technical field (See MPEP 2106.05(f)).
The limitations including wherein the radio-based determination is based on the fact that the mobile user device (2) has entered a radio range (40; 50A - 50C) which radio range (40; 50A - 50C) is covered by radio device assigned to the sales area (4) / enter the radio range of the radio device / radio signal, interaction device, in particular, the electronic interaction as a near-field communication (abbreviated NFC) interaction has taken place, and Bluetooth beacon, radio-based manner/ radio based determination are insignificant extra solution activity of data gathering. These location determining techniques are merely tangentially related to the invention as these means of determining the user location. Applicant has not claimed a new or improved technique of determining user location using these various radio signals but instead relies on these existing techniques as a means to gather the location of the user. As such, nothing in the claims improves radio signal location technology or a technical field (See MPEP 2106.05(g)).
The limitations regarding sending data via the internet, providing electronic messages, sending radio from a computer (1) available via the Internet, and electronic interactions merely provide a general link to a particular technological environment or field of use in which to practice the abstract idea. The communications and interactions are merely electronic as opposed to paper, verbal, or any other medium. Nothing in the claims improves upon electronic communications or interactions. Similarly, sending data received over the internet as opposed to receiving the data in any other medium does not improve data communications technology or a technical field (See MPEP 2106.05(h).
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, provide a general link to a particular technological environment or field of use (i.e. online), and provide insignificant extra solution activity of data gathering.
Further, the limitations including radio-based determination is based on the fact that the mobile user device (2) has entered a radio range (40; 50A - 50C) which radio range (40; 50A - 50C) is covered by radio device assigned to the sales area (4) / enter the radio range of the radio device / radio signal, interaction device, in particular, the electronic interaction as a near-field communication (abbreviated NFC) interaction has taken place, and Bluetooth beacon, radio-based manner/ radio based determination used with regarding to determining a user location are well-understood, routine, and conventional at the time of the invention (See https://www.electronics-lab.com/gps-vs-beacons-vs-wi-fi-three-location-identifier-technologies/ - beacon is a commonly used technology for user location identification – 2017; https://www.networkworld.com/article/3208767/3-ways-to-track-people-using-location-based-services.html - most popular way to track people’s location indoors includes Bluetooth beacons, wi-fi, and rfid; https://www.securityindustry.org/2017/11/21/indoor-positioning-systems/ - beacon technology commonly used for proximity marketing - 2017; https://www1.aerohive.com/decoding-ibeacons-ble-and-other-location-based-tools/ - The most common indoor positioning technologies today are using Bluetooth Low Energy (BLE) and Apple’s version called iBeacons, Near Field Communication (NFC), Quick Response (QR) codes, and Wi-Fi. - 2016))
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) 1-4, 6-10, 12, 13, 23-27, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alla et al (US 2018/0336585)
As per claim 1:
Alla teaches:
Computer-implemented method for triggering a function, wherein the method comprises the following steps, namely:
- determining in a radio-based manner that a mobile user device (2) is positioned at least in the vicinity of a sales area (4), ([0099] In the example of FIG. 16, the example mobile device 106 has entered a merchant location 1602 (e.g., a retail store, a kiosk, or any other brick-and-mortar merchant location). The example merchant location 1602 is or is associated with a database proprietor 1604 that includes a collection interface 1606 and a database 1608. The example collection interface 1606 includes a communications interface 1610 and a device/user identifier extractor 1612. [0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0101] In some examples, the mobile device 106 provides identifying information (e.g., in the collected data 1614), such as a media access control (MAC) address of one or more interfaces (e.g., a WiFi interface, a Bluetooth interface, etc.). In some examples, the mobile device 106 may provide one or more user identifier(s) (e.g., in the collected data 1614) when access to a wider network (e.g., the Internet) is provided via the communications interface 1610. The example device/user identifier extractor 1612 extracts the identifying information (e.g., the MAC address, a user identifier, etc.) from the communications received from the example mobile device 106. The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106.) [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations).
- checking whether representation data (RD) are available representing advertising, in particular, relating to the sales area (4) and/or relating to a product offered, in particular, relating to the sales area (4), which advertising has been transmitted via the Internet to the user device (2) itself or to another device linked to the user device (2), and ([0103] The example AME 108 transmits encrypted device/user identifier logs 136c to the example database proprietor 1604. In the example of FIG. 16, the AME 108 determines that the encrypted device/user identifier logs 136c correspond to (e.g., are to be transmitted to) the example database proprietor 1604 based on an unencrypted partner database proprietor identifier. The example encrypted device/user identifier logs 136c include at least those device/user identifier(s) of the type(s) collected by the example database proprietor 1604. On receiving the encrypted device/user identifier logs 136c, the example partner database proprietor 1604 decrypts its respective encrypted device/user identifier(s) using its copy(ies) of the encryption key(s). The partner database proprietor 1604 then looks up (e.g., from the database 1608) the mobile device(s) 106 corresponding to the decrypted device/user identifiers, and collect corresponding device/user information (e.g., a number of times the device 106 entered the location 1602; a set of products, services, advertisements, and/or other items of interest within the location 1602 to which the user of the device 106 may have been exposed) for those users for sending to the AME 108. For example, if the partner database proprietor 1604 is a merchant (e.g., the location 1602 is a retail store), the encrypted device/user identifier log 136c may include MAC addresses, and the merchant accesses its monitoring records to find users and/or devices having MAC addresses matching the MAC addresses received in the encrypted device/user identifier log 136c. When the users and/or devices are identified, the merchant copies the users' user information to location information 1615 for delivery to the AME 108.)
- automatically triggering of at least one function that corresponds to the representation data (RD). ([0104] The example AME 108 receives the location information in association with the ACR ID. Using the ACR ID, the example AME 108 matches the location information to media impression information. The media impression information may include media impressions delivered to the user associated with the ACR ID via the mobile device 106 and/or via any other platforms for which media impression data is collected (e.g., personal computers). [0105] To match the media impression information to the location information, the example AME 108 includes an impression matcher 1616. The example impression matcher 1616 of FIG. 16 determines products, services, brands, and/or other entities that are advertised in the impressions associated with an ACR ID. For example, the impression matcher 1616 may access an advertisement database 1618 that provides the entity corresponding to each advertisement to be measured or monitored by the AME 108. The example impression matcher 1616 queries the example advertisement database 1618 to determine the entities (e.g., products, services, brands, companies, etc.) that have been exposed on an ACR ID. [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. [0106] Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 1. As per claim 2:
Alla teaches:
wherein, during the course of determining that the mobile user device (2) is positioned at least in the vicinity of the sales area (4), identification data (ID) are captured, which identification data (ID) identify the user device (2) or the user of the user device (2). ([0101] In some examples, the mobile device 106 provides identifying information (e.g., in the collected data 1614), such as a media access control (MAC) address of one or more interfaces (e.g., a WiFi interface, a Bluetooth interface, etc.). In some examples, the mobile device 106 may provide one or more user identifier(s) (e.g., in the collected data 1614) when access to a wider network (e.g., the Internet) is provided via the communications interface 1610. The example device/user identifier extractor 1612 extracts the identifying information (e.g., the MAC address, a user identifier, etc.) from the communications received from the example mobile device 106. The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106. [0103] The example AME 108 transmits encrypted device/user identifier logs 136c to the example database proprietor 1604. In the example of FIG. 16, the AME 108 determines that the encrypted device/user identifier logs 136c correspond to (e.g., are to be transmitted to) the example database proprietor 1604 based on an unencrypted partner database proprietor identifier. The example encrypted device/user identifier logs 136c include at least those device/user identifier(s) of the type(s) collected by the example database proprietor 1604. On receiving the encrypted device/user identifier logs 136c, the example partner database proprietor 1604 decrypts its respective encrypted device/user identifier(s) using its copy(ies) of the encryption key(s). The partner database proprietor 1604 then looks up (e.g., from the database 1608) the mobile device(s) 106 corresponding to the decrypted device/user identifiers, and collect corresponding device/user information (e.g., a number of times the device 106 entered the location 1602; a set of products, services, advertisements, and/or other items of interest within the location 1602 to which the user of the device 106 may have been exposed) for those users for sending to the AME 108. For example, if the partner database proprietor 1604 is a merchant (e.g., the location 1602 is a retail store), the encrypted device/user identifier log 136c may include MAC addresses, and the merchant accesses its monitoring records to find users and/or devices having MAC addresses matching the MAC addresses received in the encrypted device/user identifier log 136c. When the users and/or devices are identified, the merchant copies the users' user information to location information 1615 for delivery to the AME 108.)
Alla teaches the limitations of claim 1. As per claim 3:
Alla teaches:
wherein the automatic triggering of the function comprises at least one of the following activities, namely:
- logging the proximity that has occurred,
- automatically transmitting an electronic message to the mobile user device (2),
- automatically transmitting an electronic message to a data processing system (3) assigned to the operator of the sales area (4),
wherein the logging and/or automatic transmission of the electronic message represents a single event of the proximity that has arisen or forms a representation of a plurality of such individual events. ([0101] The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106. [0104] The example AME 108 receives the location information in association with the ACR ID. Using the ACR ID, the example AME 108 matches the location information to media impression information. The media impression information may include media impressions delivered to the user associated with the ACR ID via the mobile device 106 and/or via any other platforms for which media impression data is collected (e.g., personal computers). [0105] To match the media impression information to the location information, the example AME 108 includes an impression matcher 1616. The example impression matcher 1616 of FIG. 16 determines products, services, brands, and/or other entities that are advertised in the impressions associated with an ACR ID. For example, the impression matcher 1616 may access an advertisement database 1618 that provides the entity corresponding to each advertisement to be measured or monitored by the AME 108. The example impression matcher 1616 queries the example advertisement database 1618 to determine the entities (e.g., products, services, brands, companies, etc.) that have been exposed on an ACR ID. [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. [0106] Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 1. As per claim 4:
Alla teaches:
wherein the automatic triggering of at least one function that corresponds to the representation data (RD) entails that, on the basis of a data storage which stores the product position of products in the sales area (4) by means of product position data, the representation data (RD) are linked to the product position data for the product effected by the representation data (RD). ([0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations). [0107] In some examples, the determination of user proximity to products and/or services based on the location information is performed by the example database proprietor 1604, which may have a more detailed and/or up-to-date mapping of areas within the merchant location 1602 to products, services, brands, and/or other entities. In such examples, the example database proprietor 1604 may provide the proximity information in combination with and/or as a substitute for position information within the merchant location 1602 (e.g., which aisle the mobile device 106 was in, what displays the mobile device 106 was proximate to, etc.).)
Alla teaches the limitations of claim 1. As per claim 6:
Alla teaches:
wherein the automatic triggering of at least one function that corresponds to the representation data (RD) entails that, as a result of the purchase of the product in the sales area, (4) purchase confirmation data are automatically generated, wherein the purchase confirmation data document a relationship between the advertisement and the purchased product, and the purchase confirmation data are made available for further processing. ([0098] The example system 1600 of FIG. 16 may be used in conjunction with the methods and apparatus disclosed herein to link ad impressions of a mobile device user to purchasing behavior at a point of sale (POS) to more accurately measure advertisement effectiveness.)
Alla teaches the limitations of claim 1. As per claim 7:
Alla teaches:
wherein radio-based determination is based on the fact that position data, which position data represent the position of the mobile user device (2), are received by radio from a computer (1) available via the Internet, and it is determined there that the mobile user device (2) is at least in the vicinity of the sales area (4), wherein the location of the sales area (4) is known to the computer (1); however, the computer (1) is not assigned to the sales area (4) or its operator. (paragraph [0032] There are many database proprietors operating on the Internet. These database proprietors provide services to large numbers of subscribers. In exchange for the provision of the service, the subscribers register with the proprietor. As part of this registration, the subscribers provide detailed demographic information. Examples of such database proprietors include social network providers such as Facebook, Myspace, etc. These database proprietors set cookies on the computers of their subscribers to enable the database proprietor to recognize the user when they visit their website. [0099] In the example of FIG. 16, the example mobile device 106 has entered a merchant location 1602 (e.g., a retail store, a kiosk, or any other brick-and-mortar merchant location). The example merchant location 1602 is or is associated with a database proprietor 1604 that includes a collection interface 1606 and a database 1608. 0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0101] In some examples, the mobile device 106 provides identifying information (e.g., in the collected data 1614), such as a media access control (MAC) address of one or more interfaces (e.g., a WiFi interface, a Bluetooth interface, etc.). In some examples, the mobile device 106 may provide one or more user identifier(s) (e.g., in the collected data 1614) when access to a wider network (e.g., the Internet) is provided via the communications interface 1610. The example device/user identifier extractor 1612 extracts the identifying information (e.g., the MAC address, a user identifier, etc.) from the communications received from the example mobile device 106. The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106. [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations).)
Alla teaches the limitations of claim 1. As per claim 8:
Alla teaches:
wherein the radio-based determination is based on the fact that the mobile user device (2) has entered a radio range (40; 50A - 50C) which radio range (40; 50A - 50C) is covered by radio device assigned to the sales area (4). ([0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0101] In some examples, the mobile device 106 provides identifying information (e.g., in the collected data 1614), such as a media access control (MAC) address of one or more interfaces (e.g., a WiFi interface, a Bluetooth interface, etc.). In some examples, the mobile device 106 may provide one or more user identifier(s) (e.g., in the collected data 1614) when access to a wider network (e.g., the Internet) is provided via the communications interface 1610. The example device/user identifier extractor 1612 extracts the identifying information (e.g., the MAC address, a user identifier, etc.) from the communications received from the example mobile device 106. The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106. [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations).)
Alla teaches the limitations of claim 2. As per claim 9:
Alla teaches:
wherein the captured identification data (ID) are transmitted to a data processing system (3) assigned to the sales area (4) or to the operator of the sales area (4). ( [0103] The example AME 108 transmits encrypted device/user identifier logs 136c to the example database proprietor 1604. In the example of FIG. 16, the AME 108 determines that the encrypted device/user identifier logs 136c correspond to (e.g., are to be transmitted to) the example database proprietor 1604 based on an unencrypted partner database proprietor identifier. The example encrypted device/user identifier logs 136c include at least those device/user identifier(s) of the type(s) collected by the example database proprietor 1604. On receiving the encrypted device/user identifier logs 136c, the example partner database proprietor 1604 decrypts its respective encrypted device/user identifier(s) using its copy(ies) of the encryption key(s). The partner database proprietor 1604 then looks up (e.g., from the database 1608) the mobile device(s) 106 corresponding to the decrypted device/user identifiers, and collect corresponding device/user information (e.g., a number of times the device 106 entered the location 1602; a set of products, services, advertisements, and/or other items of interest within the location 1602 to which the user of the device 106 may have been exposed) for those users for sending to the AME 108. For example, if the partner database proprietor 1604 is a merchant (e.g., the location 1602 is a retail store), the encrypted device/user identifier log 136c may include MAC addresses, and the merchant accesses its monitoring records to find users and/or devices having MAC addresses matching the MAC addresses received in the encrypted device/user identifier log 136c. When the users and/or devices are identified, the merchant copies the users' user information to location information 1615 for delivery to the AME 108.)
Alla teaches the limitations of claim 9. As per claim 10:
Alla teaches:
wherein the data processing system (3) is used to check whether the representation data (RD) are present. ([0104] The example AME 108 receives the location information in association with the ACR ID. Using the ACR ID, the example AME 108 matches the location information to media impression information. The media impression information may include media impressions delivered to the user associated with the ACR ID via the mobile device 106 and/or via any other platforms for which media impression data is collected (e.g., personal computers).[0105] To match the media impression information to the location information, the example AME 108 includes an impression matcher 1616. The example impression matcher 1616 of FIG. 16 determines products, services, brands, and/or other entities that are advertised in the impressions associated with an ACR ID. For example, the impression matcher 1616 may access an advertisement database 1618 that provides the entity corresponding to each advertisement to be measured or monitored by the AME 108. The example impression matcher 1616 queries the example advertisement database 1618 to determine the entities (e.g., products, services, brands, companies, etc.) that have been exposed on an ACR ID.)
Alla teaches the limitations of claim 10. As per claim 12:
Alla teaches:
wherein the data processing system (3) initially receives a data record comprising the identification data (ID) and related representation data (RD) from a computer (1) distinct from the user device (2) or the other device linked to it, which is not assigned to the sales area (4) or its operator, and stores it for subsequent processing and as a consequence of the ascertained occurrence of the user device (2) into the radio range (40; 50A- 50C) of the radio device checks whether a data record with the identification data (ID) that was also transmitted when the user device (2) entered the radio range (40; 50A - 50C) has been stored, and, in the event of a positive test result, further processes the representation data (RD) of the data record. ([0032] There are many database proprietors operating on the Internet. These database proprietors provide services to large numbers of subscribers. In exchange for the provision of the service, the subscribers register with the proprietor. As part of this registration, the subscribers provide detailed demographic information. Examples of such database proprietors include social network providers such as Facebook, Myspace, etc. These database proprietors set cookies on the computers of their subscribers to enable the database proprietor to recognize the user when they visit their website. [0099] In the example of FIG. 16, the example mobile device 106 has entered a merchant location 1602 (e.g., a retail store, a kiosk, or any other brick-and-mortar merchant location). The example merchant location 1602 is or is associated with a database proprietor 1604 that includes a collection interface 1606 and a database 1608. The example collection interface 1606 includes a communications interface 1610 and a device/user identifier extractor 1612. [0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0101] In some examples, the mobile device 106 provides identifying information (e.g., in the collected data 1614), such as a media access control (MAC) address of one or more interfaces (e.g., a WiFi interface, a Bluetooth interface, etc.). In some examples, the mobile device 106 may provide one or more user identifier(s) (e.g., in the collected data 1614) when access to a wider network (e.g., the Internet) is provided via the communications interface 1610. The example device/user identifier extractor 1612 extracts the identifying information (e.g., the MAC address, a user identifier, etc.) from the communications received from the example mobile device 106. The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106.) [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations). [0103] The example AME 108 transmits encrypted device/user identifier logs 136c to the example database proprietor 1604. In the example of FIG. 16, the AME 108 determines that the encrypted device/user identifier logs 136c correspond to (e.g., are to be transmitted to) the example database proprietor 1604 based on an unencrypted partner database proprietor identifier. The example encrypted device/user identifier logs 136c include at least those device/user identifier(s) of the type(s) collected by the example database proprietor 1604. On receiving the encrypted device/user identifier logs 136c, the example partner database proprietor 1604 decrypts its respective encrypted device/user identifier(s) using its copy(ies) of the encryption key(s). The partner database proprietor 1604 then looks up (e.g., from the database 1608) the mobile device(s) 106 corresponding to the decrypted device/user identifiers, and collect corresponding device/user information (e.g., a number of times the device 106 entered the location 1602; a set of products, services, advertisements, and/or other items of interest within the location 1602 to which the user of the device 106 may have been exposed) for those users for sending to the AME 108. For example, if the partner database proprietor 1604 is a merchant (e.g., the location 1602 is a retail store), the encrypted device/user identifier log 136c may include MAC addresses, and the merchant accesses its monitoring records to find users and/or devices having MAC addresses matching the MAC addresses received in the encrypted device/user identifier log 136c. When the users and/or devices are identified, the merchant copies the users' user information to location information 1615 for delivery to the AME 108. [0104] The example AME 108 receives the location information in association with the ACR ID. Using the ACR ID, the example AME 108 matches the location information to media impression information. The media impression information may include media impressions delivered to the user associated with the ACR ID via the mobile device 106 and/or via any other platforms for which media impression data is collected (e.g., personal computers). [0105] To match the media impression information to the location information, the example AME 108 includes an impression matcher 1616. The example impression matcher 1616 of FIG. 16 determines products, services, brands, and/or other entities that are advertised in the impressions associated with an ACR ID. For example, the impression matcher 1616 may access an advertisement database 1618 that provides the entity corresponding to each advertisement to be measured or monitored by the AME 108. The example impression matcher 1616 queries the example advertisement database 1618 to determine the entities (e.g., products, services, brands, companies, etc.) that have been exposed on an ACR ID. [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. [0106] Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 10. As per claim 13:
Alla teaches:
wherein the user device (2) communicates the entry into the radio range (40; 50A - 50C) to a computer (1) which is not assigned to the sales area (4) or its operator and which stores the representation data (RD) provided for the user device (2), in particular, via the Internet, and this computer (1) transmits a data record comprising the identification data (ID) and related representation data (RD), which belongs to the user device (2) communicating the entry into the radio range (40; 50A-50C) to the data processing device (3), and the data processing device (3) checks whether a data record with identical identification data (ID) has been received for the identification data (ID) of the user device (2) entering the radio range (40; 50A - SOC), and, in the event of a positive test result, further processes the representation data (RD) of the data record. ([0032] There are many database proprietors operating on the Internet. These database proprietors provide services to large numbers of subscribers. In exchange for the provision of the service, the subscribers register with the proprietor. As part of this registration, the subscribers provide detailed demographic information. Examples of such database proprietors include social network providers such as Facebook, Myspace, etc. These database proprietors set cookies on the computers of their subscribers to enable the database proprietor to recognize the user when they visit their website. [0099] In the example of FIG. 16, the example mobile device 106 has entered a merchant location 1602 (e.g., a retail store, a kiosk, or any other brick-and-mortar merchant location). The example merchant location 1602 is or is associated with a database proprietor 1604 that includes a collection interface 1606 and a database 1608. The example collection interface 1606 includes a communications interface 1610 and a device/user identifier extractor 1612. [0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0101] In some examples, the mobile device 106 provides identifying information (e.g., in the collected data 1614), such as a media access control (MAC) address of one or more interfaces (e.g., a WiFi interface, a Bluetooth interface, etc.). In some examples, the mobile device 106 may provide one or more user identifier(s) (e.g., in the collected data 1614) when access to a wider network (e.g., the Internet) is provided via the communications interface 1610. The example device/user identifier extractor 1612 extracts the identifying information (e.g., the MAC address, a user identifier, etc.) from the communications received from the example mobile device 106. The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106.) [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations). [0103] The example AME 108 transmits encrypted device/user identifier logs 136c to the example database proprietor 1604. In the example of FIG. 16, the AME 108 determines that the encrypted device/user identifier logs 136c correspond to (e.g., are to be transmitted to) the example database proprietor 1604 based on an unencrypted partner database proprietor identifier. The example encrypted device/user identifier logs 136c include at least those device/user identifier(s) of the type(s) collected by the example database proprietor 1604. On receiving the encrypted device/user identifier logs 136c, the example partner database proprietor 1604 decrypts its respective encrypted device/user identifier(s) using its copy(ies) of the encryption key(s). The partner database proprietor 1604 then looks up (e.g., from the database 1608) the mobile device(s) 106 corresponding to the decrypted device/user identifiers, and collect corresponding device/user information (e.g., a number of times the device 106 entered the location 1602; a set of products, services, advertisements, and/or other items of interest within the location 1602 to which the user of the device 106 may have been exposed) for those users for sending to the AME 108. For example, if the partner database proprietor 1604 is a merchant (e.g., the location 1602 is a retail store), the encrypted device/user identifier log 136c may include MAC addresses, and the merchant accesses its monitoring records to find users and/or devices having MAC addresses matching the MAC addresses received in the encrypted device/user identifier log 136c. When the users and/or devices are identified, the merchant copies the users' user information to location information 1615 for delivery to the AME 108. [0104] The example AME 108 receives the location information in association with the ACR ID. Using the ACR ID, the example AME 108 matches the location information to media impression information. The media impression information may include media impressions delivered to the user associated with the ACR ID via the mobile device 106 and/or via any other platforms for which media impression data is collected (e.g., personal computers). [0105] To match the media impression information to the location information, the example AME 108 includes an impression matcher 1616. The example impression matcher 1616 of FIG. 16 determines products, services, brands, and/or other entities that are advertised in the impressions associated with an ACR ID. For example, the impression matcher 1616 may access an advertisement database 1618 that provides the entity corresponding to each advertisement to be measured or monitored by the AME 108. The example impression matcher 1616 queries the example advertisement database 1618 to determine the entities (e.g., products, services, brands, companies, etc.) that have been exposed on an ACR ID. [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. [0106] Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 8. As per claim 23:
Alla teaches:
wherein after the mobile user device (2) has entered the radio range (40; 50A-50C) assigned to the sales area (4) is checked by the mobile user device (2) and/or by a data processing system (3) assigned to the sales area (4) whether the representation data (RD) is related to the sales area (4). ([0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations). [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 23. As per claim 24:
Alla teaches:
wherein the reference to the sales area (4) is established by the fact that the representation data (RD) indicate the sales area (4) as advertised as such. ([0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations). [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 23. As per claim 25:
Alla teaches:
wherein the reference to the sales area (4) is established by the fact that the representation data (RD) indicate a product offered in the sales area (4) as advertised. ([0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0102] In some examples, the communications interface 1610 also obtains signal strength characteristics. For example, the communications interface 1610 may measure the signal strength of communications received from the mobile device 106. In combination with other collection interfaces 1606, the example collection interface 1606 may determine a more precise location of the mobile device within the merchant location 1602. For example, multiple (e.g., 3 or more) collection interfaces 1606 may triangulate the position of the mobile device 106 to enable a determination of what departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. In some examples, a series of determined positions for the mobile device 106 may be used to interpolate additional position(s) and, thus, corresponding departments, store displays, products, advertisements, and/or other items of interest the mobile device 106 approached and/or was otherwise proximate to. The precise location information may then be used to more precisely credit advertisement impressions (e.g., impressions occurring on the mobile device 106) with user behavior (e.g., purchasing or investigating the exposed products and/or services via physical store locations). [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 23. As per claim 26:
Alla teaches:
wherein the mobile user device (2) and/or the data processing system (3) generates advertising success data (WD1 -WD3) if a reference to the sales area (4) is established. ([0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 26. As per claim 27:
Alla teaches:
wherein the advertising success data (WD2) are generated when a distance between the mobile user device (2) and the advertised product determined on the basis of at least one radio signal has fallen below a distance threshold value. ([0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla teaches the limitations of claim 26. As per claim 29:
Alla teaches:
wherein the advertising success data (WD1 - WD3) are transmitted from the mobile user device (2) or the data processing system (3) to a computer (1) from which the advertisement was provided and which is not assigned to the sales area (4) or its operator. ([0104] The example AME 108 receives the location information in association with the ACR ID. Using the ACR ID, the example AME 108 matches the location information to media impression information. The media impression information may include media impressions delivered to the user associated with the ACR ID via the mobile device 106 and/or via any other platforms for which media impression data is collected (e.g., personal computers).[0105] To match the media impression information to the location information, the example AME 108 includes an impression matcher 1616. The example impression matcher 1616 of FIG. 16 determines products, services, brands, and/or other entities that are advertised in the impressions associated with an ACR ID. For example, the impression matcher 1616 may access an advertisement database 1618 that provides the entity corresponding to each advertisement to be measured or monitored by the AME 108. The example impression matcher 1616 queries the example advertisement database 1618 to determine the entities (e.g., products, services, brands, companies, etc.) that have been exposed on an ACR ID. [0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alla et al (US 2018/0336585) in view of Bous et al (US 2014/0108124)
Alla teaches the limitations of claim 1. As per claim 5:
Alla does not expressly teach wherein the automatic triggering of at least one function that corresponds to the representation data (RD) entails that a discount for the product advertised by the advertisement is automatically provided for automatic use.
Bous teaches:
wherein the automatic triggering of at least one function that corresponds to the representation data (RD) entails that a discount for the product advertised by the advertisement is automatically provided for automatic use. ([0046] A discount or other advertisement may be presented based on situational information. The discount may be generated in a negotiation with a merchant 208 or may be generated independent of the merchant and be offered based on the requirement that the purchase be based on a particular credit card such as American Express. The user, upon viewing this advertisement, can then simply proceed to purchase the gasoline at the merchant location 208 using the selected credit or club card 220 and then receive the discount. In this regard, the discount may be primarily a discount offered by the credit card company 216, the merchant 208, or a combination thereof. For example, a particular consumer may have registered one credit card or a number of cards such as a credit card, debit card and club card. The particular offer may be selected based on situation information about the user, a device, merchant inventory, and different card companies and their affinities for providing offers. Given a set of circumstances, American Express may present a discount in an offer for a certain product. The offering then would state "Buy Cereal today only for 10% off at Safeway--use your American Express card [or Visa, or debit card] to get the discount." Card companies can then control what offers they provide. If a merchant is making the offer and the offer is card agnostic--they offering may essentially be: "Buy Cereal today at Safeway for a discount of 10%". Any identification method may then be used. Any card that is registered or dynamically used to identify the user, biometrics, etc. may be utilized to achieve the discount and connect the user to the offering. In this alternative, the pre-association with the offering may not be limited to a card but may include a pre-association with the user herself. In this case, if the user registers her biometric or PIN or other identification data, then upon receiving an offering, the user could use biometrics, or the PIN etc. to identify him or herself and then use cash to buy the product, but the connection and discount is provided via the identification mechanism, although there is no card. [0064] An example method is shown in FIG. 3A. The method includes receiving situation information at a device (302), based on the situation information, transmitting an offering to the device (304), associating the offering with a card, such as a credit card, debit card, club card or other card or identification method (306), and receiving an indication of a purchase associated with the offering and completed using the card (308). The disclosure enables a user to receive an advertisement on a device such as a mobile device and then make a purchase decision based on that advertisement in a normal fashion, without the use of coupons, special codes or any other additional and annoying requirements for making the purchase. The user only needs to use an appropriate credit card or other type of card such as a student ID. In fact, no physical card has to be created. A person may have an account and an account number that they provide but never receive a physical card. With an account, biometrics such as fingerprints or retinal scans may be used as the "identification card" to identify the user. Accordingly, it is not necessary that a physical card exist to practice the disclosed principles unless specifically claimed. The merchant for the clerk at a point of sale handles the transaction in a standard fashion such that the fact of the discount or rebate is transparent to the store clerk and/or the buyer. The user can then receive a confirmation of a discount for the transaction on the consumer mobile device and later receive a rebate on a credit card statement.)
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 automatic triggering of at least one function that corresponds to the representation data (RD) entails that a discount for the product advertised by the advertisement is automatically provided for automatic use as taught by Bous with matching advertisements viewed by a user with their presence in a store of Alla in order to enable a user to receive an advertisement on a device such as a mobile device and then make a purchase decision based on that advertisement in a normal fashion, without the use of coupons, special codes or any other additional and annoying requirements for making the purchase ([0064]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alla et al (US 2018/0336585) in view of Kato et al (US 8,768,765)
Alla teaches the limitations of claim 10. As per claim 11:
Alla does not expressly teach wherein the data processing system (3) contacts the user device (2) via the radio device for the purpose of checking whether the representation data (RD) are available and obtains the representation data (RD) from the user device (2) and further processes such representation data (RD).
Kato teaches:
wherein the data processing system (3) contacts the user device (2) via the radio device for the purpose of checking whether the representation data (RD) are available and obtains the representation data (RD) from the user device (2) and further processes such representation data (RD). ([C2L47-65] The system also includes an NFC base station located at a merchant's location. For simplicity, manufacturers, retailers, wholesalers, restaurants, service providers, and others that sell products or services to customers or advertise to users are interchangeably referred to herein as "merchants." Users having an NFC-enabled device can place their device near the NFC base station to check in at the merchant's location. The NFC-enabled user device and the NFC base station can establish a secure NFC communication channel. During the check in process, the NFC base station can provide to the user's device information identifying the merchant, the particular location of the merchant, and/or the NFC base station. The user's device can transmit the information received from the NFC base station to the advertisement distribution system. The user's device also may transmit the information regarding the advertisement stored on the user's device to the advertisement distribution system. The advertisement distribution system can use the received information to determine that the advertisement resulted in a conversion.)
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 data processing system (3) contacts the user device (2) via the radio device for the purpose of checking whether the representation data (RD) are available and obtains the representation data (RD) from the user device (2) and further processes such representation data (RD) as taught by Kato with the matching advertisements viewed by a user with their presence in a store of Alla in order for brick and mortar businesses to measure the effectiveness of an online advertisement campaign ([C1L30-31]).
Claim(s) 14-20, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alla et al (US 2018/0336585) in view of Mohiuddin et al (US 2019/0172088)
Alla teaches the limitations of claim 8. As per claim 14:
Alla does not expressly teach wherein the automatic triggering of the function is a human-perceptible reproduction/playback comprising one of the following forms of reproduction/playback, namely: - a light-signal reproduction, - a text reproduction, - an audio playback, - an image reproduction, - a video playback.
Mohiuddin teaches:
wherein the automatic triggering of the function is a human-perceptible reproduction/playback comprising one of the following forms of reproduction/playback, namely:
- a light-signal reproduction,
- a text reproduction,
- an audio playback,
- an image reproduction,
- a video playback.
([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
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 automatic triggering of the function is a human-perceptible reproduction/playback comprising one of the following forms of reproduction/playback, namely: - a light-signal reproduction, - a text reproduction, - an audio playback, - an image reproduction, - a video playback as taught by Mohiuddin with the matching advertisements viewed by a user with their presence in a store of Alla in order to increase sales and keep the loyal customers returning to the store ([0002]).
Alla in view of Mohiuddin teaches the limitations of claim 14. As per claim 15:
Alla does not expressly teach wherein the content of the humanly perceptible representation is determined by the representation data (RD).
Mohiuddin teaches:
wherein the content of the humanly perceptible representation is determined by the representation data (RD). ([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
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 content of the humanly perceptible representation is determined by the representation data (RD) as taught by Mohiuddin with the advertisement history assigned to the user of Alla in order to increase sales and keep the loyal customers returning to the store ([0002])
Alla in view of Mohiuddin teaches the limitations of claim 14. As per claim 16:
Alla does not expressly teach wherein the human-perceptible reproduction/playback is triggered on the user device (2).
Mohiuddin teaches:
wherein the human-perceptible reproduction/playback is triggered on the user device (2). ([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
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 human-perceptible reproduction/playback is triggered on the user device (2) as taught by Mohiuddin with the with the matching advertisements viewed by a user with their presence in a store of Alla in order to increase sales and keep the loyal customers returning to the store ([0002]).
Alla in view of Mohiuddin teaches the limitations of claim 14. As per claim 17:
Alla does not expressly teach wherein the content of the humanly perceptible representation is determined by the representation data (RD).
Mohiuddin teaches:
wherein the human-perceptible reproduction/playback is triggered on an electronic display device (5A - 5L), in particular, on an electronic shelf label, referred to as an "electronic shelf label". ([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
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 human-perceptible reproduction/playback is triggered on an electronic display device (5A - 5L), in particular, on an electronic shelf label, referred to as an "electronic shelf label" as taught by Mohiuddin with the matching advertisements viewed by a user with their presence in a store of Alla in order to increase sales and keep the loyal customers returning to the store ([0002]).
Alla in view of Mohiuddin teaches the limitations of claim 17. As per claim 18:
Alla does not expressly teach wherein the automatic triggering of the human-perceptible reproduction/playback is selectively carried out only for those electronic display device(s) (5C) whose content is or is affected by the representation data (RD) or by the advertising represented by means of the representation data (RD).
Mohiuddin teaches:
wherein the automatic triggering of the human-perceptible reproduction/playback is selectively carried out only for those electronic display device(s) (5C) whose content is or is affected by the representation data (RD) or by the advertising represented by means of the representation data (RD). ([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
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 automatic triggering of the human-perceptible reproduction/playback is selectively carried out only for those electronic display device(s) (5C) whose content is or is affected by the representation data (RD) or by the advertising represented by means of the representation data (RD) as taught by Mohiuddin with the advertisement history assigned to the user of Alla in order to increase sales and keep the loyal customers returning to the store ([0002])
Alla in view of Mohiuddin teaches the limitations of claim 17. As per claim 19:
Alla does not expressly teach wherein the automatic triggering of the human-perceptible reproduction/playback is carried out depending on the position of the user device (2) in the sales area (4).
Mohiuddin teaches:
wherein the automatic triggering of the human-perceptible reproduction/playback is carried out depending on the position of the user device (2) in the sales area (4). ([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
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 automatic triggering of the human-perceptible reproduction/playback is carried out depending on the position of the user device (2) in the sales area (4) as taught by Mohiuddin with the matching advertisements viewed by a user with their presence in a store of Alla in order to increase sales and keep the loyal customers returning to the store ([0002]).
Alla in view of Mohiuddin teaches the limitations of claim 19. As per claim 20:
Alla teaches:
wherein a Bluetooth beacon is used to decide whether a distance threshold value between the electronic display device (5A - 5C) and the user device (2) has been fallen short of, ([0100] The example communications interface 1610 of FIG. 16 may be any wired and/or wireless communications interface. For example, the communications interface 1610 may be a wireless local area network (LAN) access point and/or a wireless LAN router. When the example mobile device 106 enters a communications range of the communications interface 1610, the mobile device 106 automatically scans and/or searches for wireless LAN access points and/or routers (e.g., to find an access point through which it can connect to the Internet, thereby conserving a limited cellular data allotment). The example collection interface 1606 collects data 1614 transmitted from the example mobile device 106. [0101] In some examples, the mobile device 106 provides identifying information (e.g., in the collected data 1614), such as a media access control (MAC) address of one or more interfaces (e.g., a WiFi interface, a Bluetooth interface, etc.). In some examples, the mobile device 106 may provide one or more user identifier(s) (e.g., in the collected data 1614) when access to a wider network (e.g., the Internet) is provided via the communications interface 1610. The example device/user identifier extractor 1612 extracts the identifying information (e.g., the MAC address, a user identifier, etc.) from the communications received from the example mobile device 106. The example device/user identifier extractor 1612 stores the extracted identifying information in the example database 1608. In some examples, the device/user identifier extractor 1612 stores a timestamp of the mobile device communication, other extracted device and/or user identifiers, and/or a number of times the store location has been visited by the same mobile device 106 in the database 1608 in association with the extracted identifying information about the mobile device 106.)
Alla does not expressly teach which serves as a criterion for triggering the human-perceptible reproduction/playback.
Mohiuddin teaches:
which serves as a criterion for triggering the human-perceptible reproduction/playback. ([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include which serves as a criterion for triggering the human-perceptible reproduction/playback as taught by Mohiuddin with the matching advertisements viewed by a user with their presence in a store of Alla in order to increase sales and keep the loyal customers returning to the store ([0002]).
Alla teaches the limitations of claim 26. As per claim 28:
Examiner comment: The limitations of “wherein the advertising success data (WD3) are generated if an electronic interaction…” have little to no patentable weight because it is optional language in a method claim. The phrasing of the limitations using the word “if” creates a scenario where the actual step does not have to occur because it is not positively recited (See MPEP 2111.04 I “Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure.”) The examiner has applied art to the limitations to promote compact prosecution, however, the examiner recommends restructuring the claim to positively recite the steps.
Alla teaches:
wherein the advertising success data (WD3) are generated ([0106] Using a list of the entities that have been exposed on a device associated with an ACR ID, the example impression matcher 1616 matches the products and/or services to which the user corresponding to the ACR ID has been exposed to the entities that have been exposed on a device associated with the ACR ID. For example, the impression matcher 1616 may determine from the exposed that the user has been shown an advertisement for a Rawlings® brand basketball. Based on the exposed product, the example impression matcher 1616 then identifies that the user has been positioned sufficiently proximate to the basketballs area in the merchant location 1602 (e.g., a sporting goods store) based on the location information from the database proprietor 1604 to determine that the user may have further investigated the advertised basketball. The example impression matcher 1616 increases an effectiveness rating for the example basketball advertisement based on the correlation between the example impression and the subsequent proximity to the location. The example impression matcher 1616 may continue the cross-referencing of impressions to location information to determine which of the impressions can be credited with potentially influencing user behavior.)
Alla does not expressly teach if an electronic interaction has taken place between the mobile user device (2) and the electronic display device (5A - 5L) assigned to the advertised product, or an interaction device, preferably an interaction concluding a purchase, in particular, the electronic interaction as a near-field communication (abbreviated NFC) interaction has taken place.
Mohiuddin teaches:
if an electronic interaction has taken place between the mobile user device (2) and the electronic display device (5A - 5L) assigned to the advertised product, or an interaction device, preferably an interaction concluding a purchase, in particular, the electronic interaction as a near-field communication (abbreviated NFC) interaction has taken place. ([0035] In some scenarios, the customer's mobile device 126 facilitates the computing device's 112 (a) detection of when the individual enters the facility 102, (b) tracking of the individual's movement throughout the facility 102, and/or (c) the detection of when the individual is in proximity to the item 118 to which the smart tag is coupled. [0036] When a detection is made that the individual is in proximity to the item, the computing device 112 obtains customer related information (such as a loyalty level) associated with the individual. This information can be obtained from the individual's mobile device 126 and/or a datastore 114. The customer related information is then used to retrieve discount information 138 for the item to which the smart tag 120 is coupled. The retrieved discount information is then communicated from the computing device 112 to the smart tag 120. The smart tag 120 can output the discount information in a visual format and/or an auditory format. Alternatively or additionally, the smart tag 120 prompts the individual to place the mobile device in contact therewith so that the discount information can be communicated to the mobile device via an NFC or other type of communication. The discount information is then output from the mobile device.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include if an electronic interaction has taken place between the mobile user device (2) and the electronic display device (5A - 5L) assigned to the advertised product, or an interaction device, preferably an interaction concluding a purchase, in particular, the electronic interaction as a near-field communication (abbreviated NFC) interaction has taken place as taught by Mohiuddin with the matching advertisements viewed by a user with their presence in a store of Alla in order to increase sales and keep the loyal customers returning to the store ([0002]).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alla et al (US 2018/0336585) in view of Mohiuddin et al (US 2019/0172088) in view of Davis (US 2008/0073431)
Alla in view of Mohiuddin teaches the limitations of claim 20. As per claim 21:
Alla in view of Mohiuddin does not expressly teach wherein the electronic display device (5A - 5C) comprises at least one LED (7) which is controlled for flashing light-signal reproduction.
Davis teaches:
wherein the electronic display device (5A - 5C) comprises at least one LED (7) which is controlled for flashing light-signal reproduction. ([0008] A further object of the present invention is to provide a method for such a wireless device to take actions based on its sensor readings, such as, for example, initiating a communication to another system, changing the message it displays, and/or flashing a Light Emitting Diode (LED). [0040] Lastly, FIG. 1 also shows an LED 150. This LED is operated by the controller to flash with a certain pattern or stay on continuously. In one implementation, it can be used to alert store personnel of a problem with the device, for example. In another implementation, it can be used to draw attention to the device for customers of the store, for example.)
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 electronic display device (5A - 5C) comprises at least one LED (7) which is controlled for flashing light-signal reproduction as taught by Davis with the matching advertisements viewed by a user with their presence in a store of Alla in view of Mohiuddin in order to draw attention to the device for customers of the store ([0040]).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alla et al (US 2018/0336585) in view of Mohiuddin et al (US 2019/0172088) in view of Ludtke (US 2002/0138372)
Alla in view of Mohiuddin teaches the limitations of claim 14. As per claim 22:
Alla in view of Mohiuddin does not expressly teach wherein the human-perceptible reproduction/playback is used for navigation to the position in the sales area (4) provided for the product advertisement concerns.
Ludtke teaches:
wherein the human-perceptible reproduction/playback is used for navigation to the position in the sales area (4) provided for the product advertisement concerns. ([0029] When an end-user enters store 50 with PDA 10, PDA 10 scans for signals from transmitter 20 as explained above. When the PDA senses the signal, processor 14 downloads the Broadcast Information into data area 15. Once the information is downloaded, the PDA alerts the user that information about the location of products in the store is available and contained in the PDA by displaying a message to that effect on display 11. [0053] Rather than the shopping list 16 of PDA 10 containing a simple textual list of desired products, the list 16 may also include one or more e-coupons such as those disclosed in patent application No. 09/476,462 incorporated herein by reference. As disclosed therein, the coupons often contain a description of the product class associated with the coupon. The processor 14, accordingly, can check the coupons for product class of the coupon in essentially the same manner that it checks the textual list. [0054] One advantage is that when a user has an e-coupon stored in the PDA, the PDA can alert the user whenever he or she enters a store carrying the product covered by the coupon. Not only is the user alerted as to the presence of an item associated with the coupon, but the user is also told exactly where the product is located and how to get there.)
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 human-perceptible reproduction/playback is used for navigation to the position in the sales area (4) provided for the product advertisement concerns as taught by Ludkte with the matching advertisements viewed by a user with their presence in a store of Alla in view of Mohiuddin in order to advantageously provide the customer with what products are available and where they are located, and also what order the products should be retrieved for maximum efficiency ([0005]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STROUD whose telephone number is (571)272-7930. The examiner can normally be reached Mon. - Fri. 9AM-5PM.
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CHRISTOPHER STROUD
Primary Examiner
Art Unit 3621
/CHRISTOPHER STROUD/ Primary Examiner, Art Unit 3621