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 4/22/2025.
Claims 1-7, 9 and 10 have been amended.
Claim 8 has been canceled.
Claims 1-7, 9, and 10 are pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7, 9, and 10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims1-7 are directed to a device. Claim 9 is directed to a method. Claim 10 is directed to a non-transitory recording medium. Thus, on their face they fall within the four statutory categories of patentable subject matter.
Step 2A prong 1:
Claims 1, 9, and 10 recite virtually identical limitations. Claim 9 will be used as representative. Each claims additional elements will be addressed individually. The following limitations, when considered individually and as an ordered combination, are merely descriptive of abstract concepts:
detecting a reaction of a customer to content output to any of output devices in a store;
acquiring information related to a product in a container for storing a product used by the customer when the detection is performed;
determining, based on details of the content and the information related to the product in the container, advertisement information to be provided to the customer; and
outputting the advertisement information.
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
Claim 2:
analyze a product that is likely to be purchased by the customer based on the product information;
and select a product to which the advertisement information is to be provided from products that are identical to or related to a product included in the content based on a result of the analysis.
Claim 3:
output the advertisement information to an output located within a predetermined distance from a customer whose appearance matches an appearance of the customer who has reacted to the content.
Claim 4:
detect a reaction of a customer to content displayed in the store, and
output advertisement information to the customer
Claim 5:
detect a reaction of a customer to content displayed, and
output advertisement information to the customer.
Claim 6:
acquire the product information registered to the the customer identified based on the customer position
Claim 7:
output, as the advertisement information, an area map, a coupon, price change information, or stock replenishment information related to a product to be advertised.
The claims provide a manner of detecting a reaction of a user to content, acquiring product information of products in the users shopping cart/basket, and providing an advertisement to the user based on the reaction and product information. 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).
Step 2A prong 2: This judicial exception is not integrated into a practical application. The claims recite the following additional elements: output devices (claim 1, 3, 9, 10); memory storing instructions (claim 1); at least one processor (claim 1-7); computer (claim 9); non-transitory recoding medium storing a program(claim 10); customer terminal (claim 4, 5, 6); display of the container (claim 4, 5); signage (claim 4, 5); the container is in an application program installed in a terminal used by the customer (claim 6);
The output devices, memory storing instructions, at least one processor, computer, non-transitory recoding medium storing a program, and customer terminal are recited at a high level of generality and merely “apply it” (the abstract idea) using generic computing components (spec [0012], [0015]). The devices are merely used to process data (detecting, acquiring, determining, analyzing) and generic displaying (outputting). Nothing in the claims improves technology or a technical field (See MPEP 2106.05(f)).
The display of the container and signage merely provide a general link to a particular technological environment (i.e. digital displaying). There is merely the means of displaying digitally as opposed to displaying use paper, sound, or any other medium. Nothing in the claims improves upon display technology or a technical field (See MPEP 2106.05(h)).
The container is in an application program installed in a terminal used by the customer merely provides a general link to a particular technological environment (i.e. digital shopping cart). There is merely the type of shopping cart as opposed to a physical shopping cart. Nothing in the claims improves 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 and provide a general link to a particular technological environment or field of use.
As a result, the claims are not patent eligible.
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) 1-5, 7, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US 2008/0004951) in view of Brice et al (US 2007/0008068)
Claims 1 9, and 10 recite virtually identical claim limitations. Limitations common to each will be addressed together. Limitations unique to each will be addressed individually.
As per claims 1, 9, and 10:
Huang teaches:
Claim 1:
An information provision device comprises:
a memory storing instructions: and at least one processor configured to execute the instructions to: ([0103]-[0124])
Claim 9:
An information provision method executed by a computer, the method comprising: ([0103]-[0124])
Claim 10:
A non-transitory recording medium storing a program for causing a computer to execute the steps of: ([0103]-[0124])
Claim 1, 9, 10:
detect a reaction of a customer to content output to any of output devices in a store; ([0046] At 200, presentation devices and/or systems (e.g., displays and/or multimedia presentation systems) are mounted or positioned throughout the retail establishment. At 202, utilizing the sensing system, pathways (e.g. aisles) to and from the presentation devices and/or systems of the store is monitored for customers, customer behavior, and customer characteristics. At 204, characteristics of the customer or group of customers in a pathway are sensed. [0050] Pose recognition can be provided by a pose recognition subsystem 318 to capture images related to the overall pose of an individual (e.g., bending down, leaning, reaching, arms up, . . . ) as well as facial poses or demeanor information such as frowning, scowling, wincing, smiling, and so on. The facial pose can be used for determining a reaction by the individual to pricing of a product or service, or reaction to an advertisement, for example. [0071] For example, the retail establishment can have multiple displays positioned at locations of the store at which a customer will likely be able to see and/or hear information being output. These locations can include at the ends of aisles, in the product shelves, hanging from the ceiling, on a stand, outside the store, in the parking lot, at entrances and exits, at the checkout counter, and so on, so as to optimize the likelihood that when information is presented, it will be perceived.)
acquire information related to a product {carried} by the customer when the detection is performed; ([0032] For example, if the sensor system captures information related to the customer's clothing (e.g., sports shirt with team emblem) or what products the customer is carrying to be purchased (e.g., basketball), the system can analyze captured images, determine that the customer is interested in sports products, retrieve advertisements related to sports events or sales on sports equipment, and present these advertisements as the customer approaches a display positioned in the store, thereby enticing the customer to make another purchase of other products and/or services. Other specific capabilities are described herein. The {…} indicates a modification to the claim language to show what is expressly taught by Huang. Limitations reading the container will be addressed below.)
determine, based on details of the content and the information related to the product {carried by the customer}, advertisement information to be provided to the customer; and ([0031] The subject innovation introduces architecture for presenting (e.g., displaying via a monitor or display) advertisements to customers within a brick-and-mortar establishment as they move throughout the store. The advertisements are selected for targeting the customer as they approach a display, for example. A sensor system monitors and captures information about the customer as the customer moves around in the store, and also obtains historical data about the customer. Based on at least this information, one or more advertisements can be selected and displayed to the customer as s/he approaches a display positioned in the store. [0032] For example, if the sensor system captures information related to the customer's clothing (e.g., sports shirt with team emblem) or what products the customer is carrying to be purchased (e.g., basketball), the system can analyze captured images, determine that the customer is interested in sports products, retrieve advertisements related to sports events or sales on sports equipment, and present these advertisements as the customer approaches a display positioned in the store, thereby enticing the customer to make another purchase of other products and/or services. Other specific capabilities are described herein. [0047] Referring now to FIG. 3, there is illustrated a detailed block diagram of an alternative system 300 that facilitates targeted advertising in a brick-and-mortar establishment in accordance with another aspect. The system 300 includes a sensing system 302, a customer profile component 304, an advertising component 306, an advertisements datastore 308, and a presentation system 310, all similar respectively to items 102, 104, 106, 108, and 110 of FIG. 1. Additionally, the system 300 includes a personalization component 312 for personalizing advertisements or other information presented to a customer or group of customers. [0056] Where radio frequency identification (RFID) devices are employed on products, it can be more affirmatively determined what product was selected, and also, the location or proximity of the user relative to a presentation system. Thus, advertising can be more focused when the customer comes into range of a presentation system. [0068] The advertisement component 306 interfaces to both the sensing system 302 and the profile component 304 to receive and/or select advertisements from the datastore 308 associated with sensor data being received and analyzed. Once selected and processed for presentation, the advertisement component 306 transmits the targeted ad(s) to the presentation system 310 for presentation to the customer(s). [0077] FIG. 7 illustrates a methodology of adjusting advertisement pricing based on facial recognition. At 700, sensed and/or recognized customer characteristics are received. At 702, one or more advertisements are selected for presentation based on the characteristics. At 704, changes in the customer face are monitor and recognized. At 706, pricing in the originally selected advertisements is adjusted upward or downward based on the facial expressions of the customer. For example, if the facial expression indicates a negative reaction, the pricing can be reduced dynamically. At 708, the adjust pricing and the advertisement are presented to the customer from the nearest presentation system. [0092] At 1100, model development of customer knowledge is initiated. At 1102, sensed and/or recognized customer characteristics are received and added to the model. At 1104, one or more advertisements are selected for presentation based on the model. The {…} indicates a modification to the claim language to show what is expressly taught by Huang. Limitations reading the container will be addressed below.)
output the advertisement information to any of the output devices. ([0031] The subject innovation introduces architecture for presenting (e.g., displaying via a monitor or display) advertisements to customers within a brick-and-mortar establishment as they move throughout the store. The advertisements are selected for targeting the customer as they approach a display, for example. A sensor system monitors and captures information about the customer as the customer moves around in the store, and also obtains historical data about the customer. Based on at least this information, one or more advertisements can be selected and displayed to the customer as s/he approaches a display positioned in the store.
Huang teaches tracking the items carried by the user (see [0032], [0056]). Huang does not expressly teach the products being in a container.
Brice teaches:
{tracking products} in a container for storing a product used ([0045] For example, the correlation component is operable to correlate data from the inventory component (discussed in greater detail below) regarding the inventory contained by the shopping cart, with the unique identity of the shopping cart. In such an exemplary embodiment, the correlation component is operably coupled to the inventory component and the MOD 200, such that as the inventory of the cart 10 is updated, the correlation component correlates the current inventory with the unique identity of the cart 10 and stores the correlation (preferably in the MOD 200), such that, at the Point of Sale 300, the MOD 200 may wirelessly communicate the correlation of the inventory and the unique identity of the cart 10. The correlation component may be further operably coupled to the locationing component, such that the correlation component may correlate the inventory, the unique identity, and the location of the cart, over the course of a shopping trip, store the correlation, and wirelessly communicate the correlation to the Point of Sale 300. [0046] For example, the correlation component is operable to correlate data from the inventory component (discussed in greater detail below) regarding the inventory contained by the shopping cart, with data relating to the shopping list component (discussed below). In such an exemplary embodiment, the correlation component is operably coupled to the inventory component, the shopping list component, the MOD 200, and the video display 75, such that as the inventory of the cart 10 is updated, the consumer shopping list may be updated, as well as the shopping list displayed in the video display 75. [0047] For example, the correlation component is operable to correlate data from the inventory component (discussed in greater detail below) regarding the inventory contained by the shopping cart, with data relating to which advertisements are displayed to a consumer by the cart. In such an exemplary embodiment, the correlation component is operably coupled to the locationing component, the video display 75 and the MOD 200, such that the correlation component receives the inventory from the inventory component, correlates it with advertisements that are stored or streamed to the MOD 200, and stores the correlation. The correlation may then be used in selecting which advertisement chosen from a plurality of advertisements are displayed based on the location of the cart. For example, if the inventory is known to include items for hosting a party, the correlation of the inventory with the advertisements and the location of the cart may be used to display one or more advertisements for additional items used for hosting a party.)
{products stored} in the container ([0045] For example, the correlation component is operable to correlate data from the inventory component (discussed in greater detail below) regarding the inventory contained by the shopping cart, with the unique identity of the shopping cart. In such an exemplary embodiment, the correlation component is operably coupled to the inventory component and the MOD 200, such that as the inventory of the cart 10 is updated, the correlation component correlates the current inventory with the unique identity of the cart 10 and stores the correlation (preferably in the MOD 200), such that, at the Point of Sale 300, the MOD 200 may wirelessly communicate the correlation of the inventory and the unique identity of the cart 10. The correlation component may be further operably coupled to the locationing component, such that the correlation component may correlate the inventory, the unique identity, and the location of the cart, over the course of a shopping trip, store the correlation, and wirelessly communicate the correlation to the Point of Sale 300. [0046] For example, the correlation component is operable to correlate data from the inventory component (discussed in greater detail below) regarding the inventory contained by the shopping cart, with data relating to the shopping list component (discussed below). In such an exemplary embodiment, the correlation component is operably coupled to the inventory component, the shopping list component, the MOD 200, and the video display 75, such that as the inventory of the cart 10 is updated, the consumer shopping list may be updated, as well as the shopping list displayed in the video display 75. [0047] For example, the correlation component is operable to correlate data from the inventory component (discussed in greater detail below) regarding the inventory contained by the shopping cart, with data relating to which advertisements are displayed to a consumer by the cart. In such an exemplary embodiment, the correlation component is operably coupled to the locationing component, the video display 75 and the MOD 200, such that the correlation component receives the inventory from the inventory component, correlates it with advertisements that are stored or streamed to the MOD 200, and stores the correlation. The correlation may then be used in selecting which advertisement chosen from a plurality of advertisements are displayed based on the location of the cart. For example, if the inventory is known to include items for hosting a party, the correlation of the inventory with the advertisements and the location of the cart may be used to display one or more advertisements for additional items used for hosting a party.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include products being in a container as taught by Brice with the in store advertising system of Huang in order to allow shopping carts to provide an advertising venue with opportunity to improve the shopping experience of the consumer ([0005]).
Huang in view of Brice teaches the limitations of claim 1. As per claim 2:
Huang teaches:
wherein the at least one processor is further configured to execute the instructions to: analyze a product that is likely to be purchased by the customer based on the product information; and ([0032] For example, if the sensor system captures information related to the customer's clothing (e.g., sports shirt with team emblem) or what products the customer is carrying to be purchased (e.g., basketball), the system can analyze captured images, determine that the customer is interested in sports products, retrieve advertisements related to sports events or sales on sports equipment, and present these advertisements as the customer approaches a display positioned in the store, thereby enticing the customer to make another purchase of other products and/or services. Other specific capabilities are described herein.)
select a product to which the advertisement information is to be provided from products that are identical to or related to a product included in the content based on a result of the analysis. ([0032] For example, if the sensor system captures information related to the customer's clothing (e.g., sports shirt with team emblem) or what products the customer is carrying to be purchased (e.g., basketball), the system can analyze captured images, determine that the customer is interested in sports products, retrieve advertisements related to sports events or sales on sports equipment, and present these advertisements as the customer approaches a display positioned in the store, thereby enticing the customer to make another purchase of other products and/or services. Other specific capabilities are described herein.) (See also Brice [0047])
Huang in view of Brice teaches the limitations of claim 1. As per claim 3:
Huang teaches:
wherein the at least one processor is further configured to execute the instructions to: output the advertisement information to an output located within a predetermined distance from a customer whose appearance matches an appearance of the customer who has reacted to the content. ([0036] In another aspect, previous shopping history and/or interaction information can be accumulated based only on user activity while in the retail establishment, and not based on web-based online shopping. In yet another aspect, the combination of web-based user activity and shopping activity while in the establishment can be analyzed and processed to select the desired advertisements and to present the ads to the user via displays or other types of multimedia presentation systems when the user is detected in close proximity thereto. [0041] The sensor system 102 can employ any number of different sensor types. For example, image processing, audio processing, light sensing, velocity sensing, direction sensing, proximity sensing, face recognition, pose recognition, transaction recognition, and biometric sensing can be utilized to glean as much information as possible about a potential customer or group of customers within close proximity to a particular display device or multimedia presentation system, and based on the available information for selecting an advertisement to be displayed (or presented). For example, if based on size, height and weight it is determined that an individual's gender is male, and the display is close to both ladies apparel as well as cameras a system in accordance with the invention would likely inform the user that cameras are on sale to your left, since a male is more likely to buy a camera than female clothing. [0046] At 210, the advertisements are presented to the customer via the presentation devices and/or systems when the customer is within a predefined proximity thereof. See also [0048], [0049])
Huang in view of Brice teaches the limitations of claim 1. As per claim 4:
Huang teaches:
wherein the at least one processor is further configured to execute the instructions to:
detect a reaction of a customer to content displayed on a signage in the store, and ([0050] Pose recognition can be provided by a pose recognition subsystem 318 to capture images related to the overall pose of an individual (e.g., bending down, leaning, reaching, arms up, . . . ) as well as facial poses or demeanor information such as frowning, scowling, wincing, smiling, and so on. The facial pose can be used for determining a reaction by the individual to pricing of a product or service, or reaction to an advertisement, for example. In one example, both pose and facial recognition can be employed in combination to determine the gender of a customer. [0071] For example, the retail establishment can have multiple displays positioned at locations of the store at which a customer will likely be able to see and/or hear information being output. These locations can include at the ends of aisles, in the product shelves, hanging from the ceiling, on a stand, outside the store, in the parking lot, at entrances and exits, at the checkout counter, and so on, so as to optimize the likelihood that when information is presented, it will be perceived. The presentation system 310 can be multiple presentation systems that are mounted throughout the establishment and include wired and/or wireless systems capability for convenient and easy relocation. [0077] At 706, pricing in the originally selected advertisements is adjusted upward or downward based on the facial expressions of the customer. For example, if the facial expression indicates a negative reaction, the pricing can be reduced dynamically. At 708, the adjust pricing and the advertisement are presented to the customer from the nearest presentation system.)
Huang does not expressly teach output advertisement information to a display of the container or a customer terminal.
Brice teaches:
output advertisement information to a display of the container or a customer terminal. (Fig. 13 element 75; Fig. 16, [0040] The cart 10 may be enhanced with several additional features, though there is a market for the substantially all plastic cart without media enabling capabilities. The cart 10 may comprise a traditional cart retrofitted with the enhancements described below. A cart 10 having a video display 75 is described by copending U.S. Provisional application filed Jul. 27, 2005, entitled "Basket Mounted Display for Shopping Cart," incorporated by reference in its entirety. Added media enhancing capabilities may include displaying visual images such as advertising to the consumer 85 based upon the location of the cart 10 within the store, navigating menu options on the video display 75 using either the voice activated interface 120 or a five-position navigation device 123, scanning products for purchase according to bar codes or RFID tags, enhanced check out at a point of sale, media enhanced shopping cart shopping lists, a product "find" function, and data mining of information pertaining to advertisements displayed to the consumer 85 and which products were actually purchased, and the like, as will be discussed in greater detail herein. [0055] In use, in an embodiment, the consumer shopping list may be displayed in the video display 75 as a less prominent display with advertisements, or as a prominent display when selected by a consumer. By prominence, it is meant that the shopping list may be displayed as a larger, primary display on the video display 75 while advertisements are displayed in smaller, secondary display(s) on the video display 75 adjacent to the shopping list. As will be described further below, and as shown in FIG. 16, in an embodiment, the screen 77 of the video display 75 may be divided into a plurality of screen segments 308, such that one of the plurality of stored advertisements 307 may be displayed in various screen segment 308 while a shopping list may be displayed in a screen segment 308)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include output advertisement information to a display of the container or a customer terminal as taught by Brice with the in store advertising system of Huang in order to allow shopping carts to provide an advertising venue with opportunity to improve the shopping experience of the consumer ([0005]).
Huang in view of Brice teaches the limitations of claim 1. As per claim 5:
Huang teaches:
wherein the at least one processor is further configured to execute the instructions to:
detect a reaction of a customer to content displayed {to the user} ([0050] Pose recognition can be provided by a pose recognition subsystem 318 to capture images related to the overall pose of an individual (e.g., bending down, leaning, reaching, arms up, . . . ) as well as facial poses or demeanor information such as frowning, scowling, wincing, smiling, and so on. The facial pose can be used for determining a reaction by the individual to pricing of a product or service, or reaction to an advertisement, for example. In one example, both pose and facial recognition can be employed in combination to determine the gender of a customer. [0071] For example, the retail establishment can have multiple displays positioned at locations of the store at which a customer will likely be able to see and/or hear information being output. These locations can include at the ends of aisles, in the product shelves, hanging from the ceiling, on a stand, outside the store, in the parking lot, at entrances and exits, at the checkout counter, and so on, so as to optimize the likelihood that when information is presented, it will be perceived. The presentation system 310 can be multiple presentation systems that are mounted throughout the establishment and include wired and/or wireless systems capability for convenient and easy relocation. [0077] At 706, pricing in the originally selected advertisements is adjusted upward or downward based on the facial expressions of the customer. For example, if the facial expression indicates a negative reaction, the pricing can be reduced dynamically. At 708, the adjust pricing and the advertisement are presented to the customer from the nearest presentation system. The {…} indicates a modification to the claim language to show what is expressly taught by Huang. Limitations regarding the content being on a display of the container or customer terminal will be addressed below.)
output advertisement information to a signage in the store. ([0031] The subject innovation introduces architecture for presenting (e.g., displaying via a monitor or display) advertisements to customers within a brick-and-mortar establishment as they move throughout the store. The advertisements are selected for targeting the customer as they approach a display, for example. A sensor system monitors and captures information about the customer as the customer moves around in the store, and also obtains historical data about the customer. Based on at least this information, one or more advertisements can be selected and displayed to the customer as s/he approaches a display positioned in the store. [0071] For example, the retail establishment can have multiple displays positioned at locations of the store at which a customer will likely be able to see and/or hear information being output. These locations can include at the ends of aisles, in the product shelves, hanging from the ceiling, on a stand, outside the store, in the parking lot, at entrances and exits, at the checkout counter, and so on, so as to optimize the likelihood that when information is presented, it will be perceived. The presentation system 310 can be multiple presentation systems that are mounted throughout the establishment and include wired and/or wireless systems capability for convenient and easy relocation.)
Huang does not expressly teach providing advertisements on a display of the container or a customer terminal.
Brice teaches:
{providing advertising} on a display of the container or a customer terminal (Fig. 13 element 75; Fig. 16, [0040] The cart 10 may be enhanced with several additional features, though there is a market for the substantially all plastic cart without media enabling capabilities. The cart 10 may comprise a traditional cart retrofitted with the enhancements described below. A cart 10 having a video display 75 is described by copending U.S. Provisional application filed Jul. 27, 2005, entitled "Basket Mounted Display for Shopping Cart," incorporated by reference in its entirety. Added media enhancing capabilities may include displaying visual images such as advertising to the consumer 85 based upon the location of the cart 10 within the store, navigating menu options on the video display 75 using either the voice activated interface 120 or a five-position navigation device 123, scanning products for purchase according to bar codes or RFID tags, enhanced check out at a point of sale, media enhanced shopping cart shopping lists, a product "find" function, and data mining of information pertaining to advertisements displayed to the consumer 85 and which products were actually purchased, and the like, as will be discussed in greater detail herein. [0055] In use, in an embodiment, the consumer shopping list may be displayed in the video display 75 as a less prominent display with advertisements, or as a prominent display when selected by a consumer. By prominence, it is meant that the shopping list may be displayed as a larger, primary display on the video display 75 while advertisements are displayed in smaller, secondary display(s) on the video display 75 adjacent to the shopping list. As will be described further below, and as shown in FIG. 16, in an embodiment, the screen 77 of the video display 75 may be divided into a plurality of screen segments 308, such that one of the plurality of stored advertisements 307 may be displayed in various screen segment 308 while a shopping list may be displayed in a screen segment 308)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include {providing advertising} on a display of the container or a customer terminal as taught by Brice with the in store advertising system of Huang in order to allow shopping carts to provide an advertising venue with opportunity to improve the shopping experience of the consumer ([0005]). Further, since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself-that is the substitution of displaying the advertisements on the display of the container of Brice for the monitored advertisement displays of Huang. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Huang in view of Brice teaches the limitations of claim 1. As per claim 7:
Huang teaches:
wherein the at least one processor is further configured to execute the instructions to: output, as the advertisement information, an area map, a coupon, price change information, or stock replenishment information related to a product to be advertised. ([0077] FIG. 7 illustrates a methodology of adjusting advertisement pricing based on facial recognition. At 700, sensed and/or recognized customer characteristics are received. At 702, one or more advertisements are selected for presentation based on the characteristics. At 704, changes in the customer face are monitor and recognized. At 706, pricing in the originally selected advertisements is adjusted upward or downward based on the facial expressions of the customer. For example, if the facial expression indicates a negative reaction, the pricing can be reduced dynamically. At 708, the adjust pricing and the advertisement are presented to the customer from the nearest presentation system.)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US 2008/0004951) in view of Brice et al (US 2007/0008068) in view of Fornan-Owens et al (US 2013/0282533) hereafter “Fornan”
Huang in view of Brice teaches the limitations of claim 1. As per claim 6:
Huang in view of Brice does not expressly teach wherein the at least one processor is further configured to execute the instructions to: the container is in an application program installed in a terminal used by the customer, and acquire the product information registered in the application program of the customer identified based on a position of the terminal.
Fornan teaches:
wherein the at least one processor is further configured to execute the instructions to: the container is in an application program installed in a terminal used by the customer, and ([0009] The consumer mobile application may also allow the consumer to receive real-time offers via push technology, or by a location-based web service, from the merchant while the consumer is shopping in the merchant's store. For example, a polling operation may be utilized to obtain the location of the consumer so that a particular offer can be determined and then transmitted to the consumer's mobile device for display to the consumer. In addition, some implementations of the mobile application permit the consumer to maintain a list of items in a virtual shopping cart that reflects the physical goods in the consumer's actual shopping cart, which list may be generated as the consumer scans codes from each item, or taps the items on an NFC reader, or reads an RFID tag on the goods as they are collected in the store.)
acquire the product information registered in the application program of the customer identified based on a position of the terminal. ([0021] As mentioned above, in addition to transmitting the product identifier, the location of the product (which may be in the form of latitude and longitude) is transmitted to the Product Mapping Engine, which provides such data to the Product Locator application. In addition, in some implementations, real-time offers utilize the product locator to track the consumer's location while he or she is in the merchant's store, and transmits to the consumer's mobile device one or more product offers that are based on the consumer's in-store location. For example, if the consumer scanned the UPC code for a particular brand of toothpaste, then the system recognizes that the consumer is on the first floor in aisle eight of the merchant's store and then transmits a coupon for $1 off the price of a specific brand of mouthwash located in that same aisle. Thus, the product offers are relevant to where the consumer is currently located, and the merchant may also have the ability to customize any of the offers that are to be transmitted to consumers.)
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 at least one processor is further configured to execute the instructions to: the container is in an application program installed in a terminal used by the customer, and acquire the product information registered in the application program of the customer identified based on a position of the terminal as taught by Fornan with the in store advertising system of Huang in view of Brice in order to allow shopping carts to allow consumers to quickly and efficiently locate products, retrieve information about products, and perform purchase transactions without waiting in a checkout line, so that the consumers can quickly and easily exit the store ([0003]).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraff can be reached at (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER STROUD
Primary Examiner
Art Unit 3621
/CHRISTOPHER STROUD/ Primary Examiner, Art Unit 3621
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