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 .
DETAILED ACTION
This communication is in response to application No. 19/189,060, filed on 04/24/2025. Claims 1-20 are currently pending and have been examined. Claims 1-20 have been rejected as follow,
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 8, 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5, 9 and 12, of Patent No. 11,966,991.
Although the claims at issue are not identical, they are not patentably distinct from each other because (There are limitations that are mixed and matched) . The reference claims anticipate the claims under examination.
Claims 2, 9, are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4, of Patent No. 11,966,991. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 3, 10, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of Patent No. 11,966,991. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 4, 11, 17, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 of Patent No. 11,966,991. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 5, 12, 18, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,12 of Patent No. 11,966,991. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 6, 13, 19, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6, 13 of Patent No. 11,966,991. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 7, 14, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3, of Patent No. 11,966,991. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-20 are not compliant with 101, according with the last “2019 Revised Patent Subject Matter Eligibility Guidance” (2019 PEG), published in the MPEP 2103 through 2106.07(c). Examiner’s analysis is presented below in the claims.
Claim 1: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a series of steps and, therefore, is a method.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. The claim recites the limitations of “determining, …, based on the request for internet access, an identifier associated with a first user; determining, …. based on the association, user information associated with the first user; authorizing the first user for internet access based on the user information and based further on a response to a query …., the query based on the user information; determining… a first venue attribute of a first venue associated with the request for internet access, and storing the first venue … in conjunction with the identifier; determining, …. a second venue attribute of a second venue associated with a second request for internet access; determining, … based on the first venue attribute and based further on the second attribute, generated content; “
The “ determining, authorizing “ limitations, as drafted, are directed to a process that, under its broadest reasonable interpretation, covers performance of the limitations as certain methods of organizing human activity, advertising, marketing or sales activities or behaviors. The method of managing visitors of a venue. Thus, the claim recites an abstract idea.
Step 2A - Prong 2: Integrated into a Practical Application? No. The claim recites additional limitations, such as, “detecting, … a request for internet access …; receiving a device hardware identifier associated with the user device; providing content … in response to authorizing the first user for internet access; injecting, … the generated content into the content.” These are limitations toward accessing or receiving data (gathering data).
The Examiner analyses other supplementary elements in the claim in view of the instant disclosure:
“a guest monitoring system comprising a memory and one or more processors, the guest monitoring system in communication with an external computer server, for a user device; communicated by the guest monitoring system to the external computer server; via a computer network ; by the one or more processors, via a network management portal in communication with the guest monitoring system and further in communication with a database, in the memory “
Further, the instant specification does not provide any indication that the elements above are anything other than generic computer components . The claim is directed to an abstract idea.
The Examiner gives the broadest reasonable interpretation to the above elements. They are insignificant extra-solution activity. See MPEP 2106.05(g).
The combination of these additional elements can also be considered no more than mere instructions “to apply” the exception, See MPEP 2106.05(f).
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claim as a whole does not integrate the method of organizing human activity into a practical application. Thus, the claim is ineligible because is directed to the recited judicial exception (abstract idea).
Step 2B : claim provides an inventive concept? No. As discussed with respect to Step 2A Prong Two, the additional elements in the claim
“a guest monitoring system comprising a memory and one or more processors, the guest monitoring system in communication with an external computer server, for a user device; communicated by the guest monitoring system to the external computer server; via a computer network ; by the one or more processors, via a network management portal in communication with the guest monitoring system and further in communication with a database, in the memory “ amount to no more than mere instructions to apply the exception. i.e., mere instructions to apply an exception using generic hardware and software cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B.
Here, the limitations: “detecting, … a request for internet access …; receiving a device hardware identifier associated with the user device; providing content … in response to authorizing the first user for internet access; injecting, … the generated content into the content.” These are limitations toward accessing or receiving data (gathering data). Accessing or receiving data is very well understood, routine and conventional computer task activity; It represents insignificant extra solution activity. Mere data-gathering step[s] cannot make an otherwise nonstaturory claim statutory In re Grams,888 F.2d 835, 840 (Fed. Cir. 1989) (quoting In re Meyer, 688 F.2d 789, 794 (CCPA 1982)).
Further, the instant specification does not provide any indication that the elements
“a guest monitoring system comprising a memory and one or more processors, the guest monitoring system in communication with an external computer server, for a user device; communicated by the guest monitoring system to the external computer server; via a computer network ; by the one or more processors, via a network management portal in communication with the guest monitoring system and further in communication with a database, in the memory “ are anything other than generic software and hardware, and the OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); and v. Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; court decisions cited in MPEP 2106.05(d)(II) indicate that merely computer receives and sends information over a network and presenting or displaying information, is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
Accordingly, a conclusion that the “a guest monitoring system comprising a memory and one or more processors, the guest monitoring system in communication with an external computer server, for a user device; communicated by the guest monitoring system to the external computer server; via a computer network ; by the one or more processors, via a network management portal in communication with the guest monitoring system and further in communication with a database, in the memory “ limitations (pointed above) are well-understood, routine, conventional activity is supported under Berkheimer Option 2. The claim is ineligible.
Claim 8: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a system.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above. The claim recited the additional limitations: “A guest monitoring system, comprising: a memory; and one or more processors configured to execute computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform a method” . The Examiner gives the broadest reasonable interpretation. They are insignificant extra-solution activity.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Claim 15: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a computer-readable medium.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above. The Examiner gives the broadest reasonable interpretation. They are insignificant extra-solution activity.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Dependent claims 2-7, 9-14 and 16-20 the claims recite elements such as “wherein the device hardware identifier comprises a MAC address of the user device”, etc.. These elements do not integrate the system of organizing human activity into a practical application. The claims are ineligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-5, 8-12 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over US. Pg. Pub. No. 20120190386 (Anderson) in view of US. Pg. Pub. No. 20080248815 (Busch).
As to claims 1, 8 and 15 , Anderson discloses a method, comprising:
a) detecting, by a guest monitoring system comprising a memory and one or more processors, the guest monitoring system in communication with an external computer server, a request for internet access for a user device
(see Figs.1 and 54 and associated disclosure.
“…The ComCloud can access and utilize a user's broadband Internet access via WiFi, or other means; however user-supplied Internet access is not necessary for a ComCloud to function. ComCloud is broadcast (CloudCast) via various means such as Bluetooth, WiFi, wireless carrier network, and other means)….”, paragraph 90.
“…[0276] Though in embodiments Ad Widge can be used by anyone with a digital device (such as a computer) and, optionally, Internet access, it is aimed primarily at users of mobile handsets--and some users will exclusively utilize their mobile handset to engage and utilize Ad Widge….”, paragraph 276) ;
b) receiving a device hardware identifier associated with the user device;
(Anderson’s system comprises “device tracking” capabilities,
“…1583] Last minute hotels (obtaining a last minute hotel room …For example, a traveler in a city needs a hotel room [location] … the user can indicate via his ComCloud that he needs a room for one night, and is willing to pay $200 [cost]. And his ComCloud further indicates, via his Travel Profile Tilz, that this traveler spends over $10,000 per year on lodging and his ComCloud Travel Profile provides his hotel breakdown (Ritz Carlton 15% of the time, JW Marriott 30%, W Hotels 25%, Radisson 30%). Hotels can then decide if it's worth the investment to try to lure this business traveler to their brand. St. Regis or Four Seasons might offer this user a $500 room, for his stated $200 last-minute price (or lower) because this is just the sort of traveler they'd like to have become a regular customer. Without ComCloud if a person called their hotel and asked for a $500 room for $200 they would likely be told know, but with ComCloud's unique ability to deliver profiles, the hotels can make an informed decision)…ComCloud can also be used by regular travelers to find last minute rooms, even in a sold out city. There are always last minute cancellations or rooms reserved for VIPs whose plans change. ComCloud also enables remote hotels to market globally and cost efficiently. … With ComCloud the hotel can direct their ads to users who routinely travel to Bangkok or are planning travel to Bangkok, or even just arrived in Bangkok…”, paragraph 1583.
See also, “..[0215] Survey Nuts can be built into (or attached onto) almost any object, and that object's location may be made trackable…”, paragraph 215. “…Advertising via Ad Widge can now be tied and tracked according to a user's expressed interests and purchase history, automatically. Users simply go about their life and Ad Widge automatically builds their profile, then helps the user monetize their profile. With Ad Widge users are the ones in charge of and being paid for the users' profiles…”, paragraphs 273.
“…[0416] Users can ….Barcode/RFID scanning can, at the user's option, track a user's actual shopping habits. In addition users can scan barcodes of items they are just browsing, but not buying, in offline stores (which enables Ad Widge to collect data about offline activities not included by today's digital search or advertising tools). Ad Widge also tracks tag-related search (uTag) results to add a user's online browsing habits to their profile as well. Such barcode scanning can also track where users eat (restaurants and recreate (sporting events attended, etc what users read (which books users read or own or borrow from the library), and where users vacation (hotels, airlines, etc.). Ad Widge can track, and add to a user's profile, those items on Websites or in TV ads a user requests more information about…”, paragraph 416 and “ [1207] Each mobi device has its own, unique, changeable and/or static IP address”[ Examiner interprets as in device hardware identifier], paragraph 1207);
c) determining, by the one or more processors, based on the request for internet access, an identifier associated with a first user;
(“[1207] Each mobi device has its own, unique, changeable and/or static IP address”[ Examiner interprets as device identifier], paragraph 1207);
d) determining, by the one or more processors, based on the association, user information associated with the first user;
(“FIG. 9 is a diagram of an exemplifying architecture of an embodiment wherein the Invention is employed by a commercial enterprise to facilitate a profile broadcast, and thereby interact and transact with users[ Examiner interprets as user information associated with a user ], paragraph 32. “ …As per the present exemplifying architecture (FIG. 9), the user 902 happens to be broadcasting the user's profiles via Bluetooth via the user's mobile handset 901. …, the user's profile 905 is amenable to pizza ads 913, and thus a match 922 is accorded by the Invention's profile matching facility 907. Thus that pizza ad 906 is transmitted to the user's profile 905 [user information associated with a user] Depending upon the user's preference profile,..”, paragraph 141 and Fig. 9.
“Such barcode scanning can also track where users eat (restaurants ) and recreate (sporting events attended, etc…”, paragraph 416.
“… scan the Net Dotz plaque in the user's hotel (or hotel room) [user information associated with a user] and an itinerary is instantly created complete with which buses, taxis, or subways the traveler needs to take to each site they want to visit…”, paragraph 1305
“…including profiles which track a user's location [user information associated with a user ..”, paragraph 1652. See also “…user's coupon profile informs how, when and where a user would like to receive coupons, in addition to which coupons to receive…”, paragraph 49 and Fig. 26
“.. [0716] For a small business owners such as a local restaurant, marketing efficiency is important. Thus its important to identify users who are likely customers of that type of restaurant … For example, for an Indian food restaurant, it may be difficult via conventional means to limit marketing expenses to just those users who like Indian food. With Coupon Widge, users may have a restaurant profile which lists all the restaurants the user has dined at,. Reviewing restaurant profiles, then being able to reach just those desired users (such as those who have dined at Indian restauarants on more than one occasion, or those who do so more than X times per year) is a powerful advantage that Coupon Widge delivers…”, paragraph 716);
e) authorizing the first user for internet access based on the user information and based further on a response to a query communicated by the guest monitoring system to the external computer server, the query based on the user information;
(Anderson teaches “[1207] Each mobi device has its own, unique, changeable and/or static IP address.”, paragraph 1207.
Next, Anderson’s system teaches not only user-initiated query but also system that initiates a query, “[1222] System 5000, hereafter the "Mobi Platform," represents an embodiment of the system, method, service, device and platform by which a user creates profiles of things, which in turn inform the ads, offers, information and other data the user receives regarding same. In embodiments the Mobi Platform consists of client and server software 5014, …, the Mobi Platform 5000 architecture facilitates the processing of user-initiated queries entered into a query entry system functioning in conjunction, for example, with a barcode reading facility 5003 on the user's 5001 mobile device 5002. The mobile device may process the results of this query locally via client software, or transmit the results of this query to a remote server software system 5014 for further processing and/or routing to data sources and/or processing facilities, such as one or more servers, such as HTTP servers or other servers that are suitable for handling data that are transmitted over computer networks”, paragraph 1222 AND “Coupon Widge widget 2809 queries the user as to whether or not the user would like to receive Acme coffee bean coupons,…”, paragraph 620. “…a query bubble (Tilz) pops up and asks: "Start Coupons for this Item, Stop Coupons for this Item, or Sorting Bin" If the user selects the…”, paragraph 635.
See also “[0835] The surfing profile widget is a computer cookie-based mini-application that some users of a particular Website may optionally choose to download, which can track their Website usage in great detail. This widget works across virtually any Website, accessed via a plurality of digital devices. Users may be incentivized to allow such data to be collected on their Website surfing habits with financial or privilege-based "carrots" (or other incentives)”, paragraph 835.
“ …Strong authentication is a key to securing (remote data center based) data that can be accessed via a network or other type of connection and/or the Internet (hereafter "cloud" data). Bubb Wrapp provides authentication of the user's rights, of the content owner's rights, of the content creator's rights, etc. Such measures may reduce pirated software/content, which will fail to properly authenticate and thus blocked from transmission at network nodes. Or may have its usage limited or even blocked on various digital devices. Strong authentication is a key, as well, for inter-cloud data….”, paragraph 1572).
f) providing content via a computer network in response to authorizing the first user for internet access;
(“Advertisers can, if the user's profile allows, view the profile of items for which the user would like to receive ads. Advertisers then deliver the ads to the users (customized) as per the user's ad profile…”, paragraph 294.
“[0459] Users are incentivized (by the fees they potentially stand to receive) to be open to receiving ads from vendors…”, paragraph 461.
“…Strong authentication is a key to securing (remote data center based) data that can be accessed via a network or other type of connection and/or the Internet (hereafter "cloud" data). Bubb Wrapp provides authentication of the user's rights, of the content owner's rights, of the content creator's rights, etc. Such measures may reduce pirated software/content, which will fail to properly authenticate and thus blocked from transmission at network nodes…”, paragraph 1572);
g) determining, by the one or more processors, via a network management portal in communication with the guest monitoring system and further in communication with a database, a first venue attribute of a first venue associated with the request for internet access, and storing the first venue attribute in the memory in conjunction with the identifier;
(Anderson’s system comprises “device tracking” capabilities,
“…[1583] Last minute hotels (obtaining a last minute hotel room via a reverse auction. For example, a traveler in a city needs a hotel room … the user can indicate via his ComCloud that he needs a room for one night, and is willing to pay $200. [Examiner interprets as a first venue attribute of a first venue associated with the request for internet access], And his ComCloud further indicates, via his Travel Profile Tilz, that this traveler spends over $10,000 per year on lodging , and his ComCloud Travel Profile provides his hotel breakdown (Ritz Carlton 15% of the time, JW Marriott 30%, W Hotels 25%, Radisson 30%). Hotels can then decide if it's worth the investment to try to lure this business traveler to their brand. St. Regis or Four Seasons might offer this user a $500 room, for his stated $200 last-minute price (or lower) because this is just the sort of traveler they'd like to have become a regular customer. Without ComCloud if a person called their hotel and asked for a $500 room for $200 they would likely be told know, but with ComCloud's unique ability to deliver profiles, the hotels can make an informed decision)…ComCloud can also be used by regular travelers to find last minute rooms, even in a sold out city. There are always last minute cancellations or rooms reserved for VIPs whose plans change. ComCloud also enables remote hotels to market globally and cost efficiently. … With ComCloud the hotel can direct their ads to users who routinely travel to Bangkok or are planning travel to Bangkok, or even just arrived in Bangkok…”, paragraph 1583.
See also, “..[0215] Survey Nuts can be built into (or attached onto) almost any object, and that object's location may be made trackable…”, paragraph 215. “…Advertising via Ad Widge can now be tied and tracked according to a user's expressed interests and purchase history, automatically [Examiner interprets as wherein the … property attributes comprise…data]. Users simply go about their life and Ad Widge automatically builds their profile, then helps the user monetize their profile. With Ad Widge users are the ones in charge of and being paid for the users' profiles…”, paragraphs 273.
“…[0416] Users can ….Barcode/RFID scanning can, at the user's option, track a user's actual shopping habits. In addition users can scan barcodes of items they are just browsing, but not buying, in offline stores (which enables Ad Widge to collect data about offline activities not included by today's digital search or advertising tools). Ad Widge also tracks tag-related search (uTag) results to add a user's online browsing habits to their profile as well. Such barcode scanning can also track where users eat (restaurants [or venues or locations ]) and recreate (sporting events attended, etc what users read (which books users read or own or borrow from the library), and where users vacation (hotels, airlines, etc.). Ad Widge can track, and add to a user's profile, those items on Websites or in TV ads a user requests more information about…”, paragraph 416 and “ [1207] Each mobi device has its own, unique, changeable and/or static IP address”, paragraph 1207);
h) determining, by the one or more processors, via the network management portal, a second venue attribute of a second venue associated with a second request for internet access;
(“…[0416] Users can ….Barcode/RFID scanning can, at the user's option, track a user's actual shopping habits. In addition users can scan barcodes of items they are just browsing, but not buying, in offline stores (which enables Ad Widge to collect data about offline activities not included by today's digital search or advertising tools). Ad Widge also tracks tag-related search (uTag) results to add a user's online browsing habits to their profile as well. Such barcode scanning can also track where users eat (restaurants [Examiner interprets as venue attribute of a venue associated with a second request]) and recreate (sporting events attended, etc [Examiner interprets as venue attribute of a venue associated with a second request]), what users read (which books users read or own or borrow from the library), and where users vacation (hotels, airlines, etc.). Ad Widge can track, and add to a user's profile, those items on Websites or in TV ads a user requests more information about…”, paragraph 416 and “ [1207] Each mobi device has its own, unique, changeable and/or static IP address, paragraph 1207);
Anderson does not disclose but Bush discloses
determining, by the one or more processors, based on the first venue attribute and based further on the second attribute, generated content;
(“methods and systems that generate information associated with geographic locations, targeted content delivery, targeted search results, navigation systems, mobile conversion tracking, and location based services on mobile devices. More specifically, this invention relates to methods and systems for processing and reporting mobile location data in order to provide targeted content”, paragraph 2.
“ If the user is driving, then targeted content formatted for driving speeds (e.g., spaced apart so that a user has time to see and respond to displayed content) is generated and transmitted to the mobile device at action 922”, paragraph 370);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Busch’s teaching with the teaching of Anderson. One would have been motivated to provide functionality to generate and integrate content related to venues or locations in order to successfully displaying location based targeted content on mobile devices for advertising campaigns (see at least Busch paragraph 15);
j) injecting, by the one or more processors, the generated content into the content.
(“…present invention relates to a method and system of data transmission and reception. The data transmission and reception includes, but is not limited to, such items as information, advertisements, offers, and profiles….”, paragraph 2.
“[0058] FIG. 35 is a flow diagram illustrating an embodiment of example process steps followed by advertisers as they first pay a user to view and review a user's profile, to thereby determine if it advantageous to pay to send the user ads ;[Examiner interprets as injecting content into a user requested content] and further consider paying additional monies for priority data placement…”, Fig. 35 and paragraph 58.
“ [1207] Each mobi device has its own, unique, changeable and/or static IP address”, paragraph 1207.
“[1559] uTag Search. Websites can track the types of profiles visiting their site, then push that information to profile-based search engines such as uTag, so that search results are customized for each user….”, paragraph 1559);
further comprising generating signals in response to detecting a first user at a first venue from the tracking
(Anderson discloses “to have a virtual credit card number generated on their behalf, when their mobile device comes in range of a store, or a store's Shopping Signal, or CloudCast…”, paragraph 1762).
As to claim 8, it comprises the same limitations than claim 1 above, therefore is rejected in similar manner. Further, claim 8 comprises
A guest monitoring system, comprising: a memory; and one or more processors configured to execute computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform a method comprising:
(see Fig. 51 and associated disclosure paragraphs 1235-1238 and Fig. 50 and associated disclosure).
As to claim 15, it comprises the same limitations than claim 1 above, therefore is rejected in similar manner. Further, claim 15 comprises
A non-transitory computer-readable medium storing instructions which, when executed by one or more processors of a guest monitoring system comprising a memory, cause the one or more processors to perform a method (see Anderson Fig 1 and associated disclosure).
As to claims 2 and 9, Anderson does not disclose but Busch discloses
wherein the device hardware identifier comprises a MAC address of the user device.
(“…The mobile device records unique identifying numbers of other devices that it is in proximity with. For purposes of illustration and without limitation, the Wi-Fi or Bluetooth MAC addresses of each device could be used as the unique identifying number…”, paragraph 435).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Busch’s teaching with the teaching of Anderson. One would have been motivated to provide functionality to generate and integrate content related to venues or locations in order to successfully displaying location based targeted content on mobile devices for advertising campaigns (see at least Busch paragraph 15);
As to claims 3, 10 and 16, Anderson discloses
tracking, by the one or more processors, a plurality of requests by the first user, the plurality of requests comprising the request for internet access, said tracking comprising storing tracking data for the first user in the memory.
(Anderson’s system comprises “device tracking” capabilities,
“…1583] Last minute hotels (obtaining a last minute hotel room …For example, a traveler in a city needs a hotel room … the user can indicate via his ComCloud that he needs a room for one night, and is willing to pay $200 . And his ComCloud further indicates, via his Travel Profile Tilz, that this traveler spends over $10,000 per year on lodging and his ComCloud Travel Profile provides his hotel breakdown (Ritz Carlton 15% of the time, JW Marriott 30%, W Hotels 25%, Radisson 30%). Hotels can then decide if it's worth the investment to try to lure this business traveler to their brand. St. Regis or Four Seasons might offer this user a $500 room, for his stated $200 last-minute price (or lower) because this is just the sort of traveler they'd like to have become a regular customer. Without ComCloud if a person called their hotel and asked for a $500 room for $200 they would likely be told know, but with ComCloud's unique ability to deliver profiles, the hotels can make an informed decision)…ComCloud can also be used by regular travelers to find last minute rooms, even in a sold out city. There are always last minute cancellations or rooms reserved for VIPs whose plans change. ComCloud also enables remote hotels to market globally and cost efficiently. … With ComCloud the hotel can direct their ads to users who routinely travel to Bangkok or are planning travel to Bangkok, or even just arrived in Bangkok…”, paragraph 1583.
See also, “..[0215] Survey Nuts can be built into (or attached onto) almost any object, and that object's location may be made trackable…”, paragraph 215. “…Advertising via Ad Widge can now be tied and tracked according to a user's expressed interests and purchase history, automatically Users simply go about their life and Ad Widge automatically builds their profile, then helps the user monetize their profile. With Ad Widge users are the ones in charge of and being paid for the users' profiles…”, paragraphs 273.
“…Ads can thereby be tied to a user's expressed interests and purchase history, automatically…”, paragraph 284.
“…[0416] Users can ….Barcode/RFID scanning can, at the user's option, track a user's actual shopping habits. In addition users can scan barcodes of items they are just browsing, but not buying, in offline stores (which enables Ad Widge to collect data about offline activities not included by today's digital search or advertising tools). Ad Widge also tracks tag-related search (uTag) results to add a user's online browsing habits to their profile as well. Such barcode scanning can also track where users eat (restaurants and recreate (sporting events attended, etc what users read (which books users read or own or borrow from the library), and where users vacation (hotels, airlines, etc.). Ad Widge can track, and add to a user's profile, those items on Websites or in TV ads a user requests more information about…”, paragraph 416 and “ [1207] Each mobi device has its own, unique, changeable and/or static IP address], paragraph 1207.
See also “0648] The Coupon Widge Website also maintains a history, at the user's option, of all past coupons received. A user's Coupon Widge can store a plurality of coupons and make use of them while shopping anywhere in the world…”, paragraph 648.
“…The business card Tilz may provide a history of all interactions, as well as means for future interaction…”, paragraph 1107);
As to claims 4, 11 and 17, Anderson discloses
determining, by the one or more processors, a score for the first venue for the first user based at least in part on the tracking data, wherein the score indicates a frequency of the first user's visits to the first venue.
(“…candidate offers are scored and ranked based on the likelihood of the user using the offer (block 512), as determined from a user profile associated with the user. For example, the user profile may include previously selected offers, …. The user profile may also include the redemption rate of offers and statistics …”, paragraph 85.
“0786] A profiling module 3009 configured to track and log individual Tilz usage patterns, is thereby able to produce ordered lists of Tilz, per various parameters such as frequency of use. An algorithm facility processes such ordered lists by heuristic methods…”, paragraph 786.
Further, Anderson discloses “…customer rating levels..”, paragraph 130. “next level of social profile presentation”, paragraph 1273. “ Cumulative totals and/or frequency of various items purchased is valuable information that the user's profile contains…”, paragraph 1291. “..user's conversion ratio reaches a level prescribed by the advertise..”, paragraph 1477);
As to claims 5, 12 and 18, Anderson discloses
wherein the ]generated ] content is determined based further on the score.
(“…in some embodiments, candidate offers are scored and ranked based on the likelihood of the user using the offer (block 512)… For example, if a user frequents a golf store merchant, golf-related candidate offers may be ranked higher …”, paragraph 85);
Anderson does not disclose but Bush discloses
generated content
(“methods and systems that generate information associated with geographic locations, targeted content delivery, targeted search results, navigation systems, mobile conversion tracking, and location based services on mobile devices. More specifically, this invention relates to methods and systems for processing and reporting mobile location data in order to provide targeted content”, paragraph 2.
“ If the user is driving, then targeted content formatted for driving speeds (e.g., spaced apart so that a user has time to see and respond to displayed content) is generated and transmitted to the mobile device at action 922”, paragraph 370);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Busch’s teaching with the teaching of Anderson. One would have been motivated to provide functionality to generate and integrate content related to venues or locations in order to successfully displaying location based targeted content on mobile devices for advertising campaigns (see at least Busch paragraph 15);
Claims 7, 14 and 20, are rejected under 35 U.S.C. 103 as being unpatentable over US. Pg. Pub. No. 20120190386 (Anderson) in view of US. Pg. Pub. No. 20080248815 (Busch) and in view of US Patent No. 9003488 (Spencer).
As to claims 7, 14 and 20, Anderson does not disclose but Spencer discloses
comprising determining an out-of-pattern venue visit based at least in part on the tracking data.
(“As another example, contextual information such as time of day or location information can be used to support authentication. For example, usage time and location patterns of a remote device can be tracked, and if a remote device requests an atypical service or requests service in an atypical location, time of day information may be used to determine whether it is more likely that the user's information or remote device has been stolen or whether the user or remote device is associated with an atypical purpose for that user (such as vacation or leisure time instead of work time), 12:45-55.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Spencer’s teaching with the teaching of Anderson. One would have been motivated to provide functionality to detect an atypical or out-of-pattern location or venue in order to have accurate contextual information of the user (Spencer 1:19-20 and 12:48-55).
Claims 6, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US. Pg. Pub. No. 20120190386 (Anderson) in view of US. Pg. Pub. No. 20080248815 (Busch) and in view of US. Pg. Pub. No. 20130332274 (Faith).
As to claims 6, 13 and 19, Anderson does not disclose but Faith discloses
further comprising adjusting a traveler treatment of the first user based on the score.
(“… candidate offers are scored and ranked based on the likelihood of the user using the offer… For example, if a user frequents a golf store merchant, golf-related candidate offers may be ranked higher [Examiner interprets as adjusting,…treatment]. In another example, if a user is within a geofence for a threshold time period, some candidate offers may be scored and ranked higher…”, paragraph 85).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Faith’s teaching with the teaching of Anderson. One would have been motivated to provide functionality to indicate the level of a user doing business, i.e. the redemption rate of offers and statistics, in order to provide highly directed offers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Challenges and Research Directions for the Future Internetworking”. IEEE. 2013.
“We review the main challenges and survey promising techniques for network interconnection in the Internet of the future. To this end, we first discuss the shortcomings of the Internet's current model. Among them, many are consequence of unforeseen demands on the original Internet design such as: mobility, multihoming, multipath, and network scalability. These challenges have attracted significant research efforts in the latest years because of both their relevance and complexity. In this survey, for the sake of completeness, we cover several new protocols for network interconnection spanning both incremental deployments (evolutionary approach) and radical proposals to redesign the Internet from scratch (clean-slate approach). We focus on specific proposals for future internetworking such as: Loc/ID split, flat routing, network mobility, multipath and content-based routing, path programmability, and Internet scalability. Although there is no consensus on the future internetworking approach, requirements such as security, scalability, and incremental deployment are often considered.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA VICTORIA VANDERHORST whose telephone number is (571)270-3604. The examiner can normally be reached on business hours from Monday through Friday from 8:30 AM to 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashraf Waseem can be reached on 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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/MARIA V VANDERHORST/Primary Examiner, Art Unit 3621 6/24/2026
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