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 .
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-8, 11, 13-17 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zalewski et al. US 9,911,290.
As to claim 1, Zalewski teaches a method including: identifying a subject in an area of real space by linking the subject to a user account, [abstract; col. 13 lines 25-39; col. 16 lines 46-59; col. 17 lines 50-61] wherein user data is associated with the user account, the user data including at least one of: a subject identifier for the identified subject, and data associated with one or more actions taken by the identified subject in the area of real space; [col. 13 lines 25-39; col. 16 lines 46-59; col. 17 line 52-col. 18 line 9; col. 124 lines 27-40] detecting interest, by the identified subject, in one or more identified items positioned at locations in the area of real space over time; [col. 12 lines 48-67; col. 18 lines 46-57; col. 21 lines 1-15; col. 124 lines 27-40; col. 129 line 61-66] storing the identified items for which interest was identified as entries in a database, an entry including data attributes associated with at least one of: the subject identifier for the identified subject, an item identifier for at least one identified item, and a location of the at least one identified item in the area of real space; [col. 11 lines 10-18; col. 13 lines 25-39; col. 14 lines 50-57; col. 16 lines 46-59; col. 17 line 52-col. 18 line 9; col. 18 lines 46-57; col. 19 lines 33-43; col. 82 lines 1-3; col. 124 lines 27-40] analyzing the entries in the database to determine a correlation between two or more data attributes in the database; [col. 19 line 34 - col. 20 lines 8, 40-59; col. 21 lines 2-25] and: storing, in association with the user account linked to the identified subject, the determined correlation. [col. 21 lines 26-33; col. 134 line 65 - col. 135 line 11]
As to claim 3, Zalewski teaches the limitations of claim 1. Zalewski teaches further including calculating a unique visitor directional impression from the entries in the database, wherein the unique visitor directional impression identifies a number of unique or distinct subjects who have an interest in identified items. [col. 20 lines 46-57; col. 21 lines 37-67; col. 23 line 58 - col. 24 line 27; col. 25 lines 59-63; col. 138 lines 14-20]
As to claim 4, Zalewski teaches the limitations of claim 1. Zalewski teaches further including calculating unique visitor directional impressions, from the entries in the database and over a period of time, wherein the unique visitor directional impressions identify a number of unique or distinct subjects who have an interest in identified items. [col. 20 lines 46-67; col. 21 lines 1-16, 37-67; col. 25 lines 59-63]
As to claim 5, Zalewski teaches the limitations of claim 1. Zalewski teaches further including a determining length of time for which the identified subject has interest in a particular identified item and storing the determined length of time in an entry in the entries in the database. [col. 21 lines 4-16]
As to claim 6, Zalewski teaches the limitations of claim 1. Zalewski teaches further including calculating a length of time for which a particular identified item is of interest to the identified subject during the identified subject's presence in the area of real space. [col. 21 lines 4-16]
As to claim 7, Zalewski teaches the limitations of claim 1. Zalewski teaches further including determining a particular location in the area of real space at which a particular item is of interest to the identified subject and displaying a view of the particular location. [col. 21 lines 4-16; col. 23 line 58 - col. 24 line 27]
As to claim 8, Zalewski teaches the limitations of claim 1. Zalewski teaches further including calculating a distance of the identified subject from an item positioned at a location in the area of real space, the distance being used to identify an interest of the identified subject in the item. [col. 12 lines 64-67; col. 129 lines 2-40]
As to claim 11, Zalewski teaches a system including one or more processors and a memory, the memory comprising instructions that, when executed, cause the one or more processors to perform operations comprising: identifying a subject in an area of real space by linking the subject to a user account, [abstract; col. 13 lines 25-39; col. 16 lines 46-59; col. 17 lines 50-61] wherein user data is associated with the user account, the user data including at least one of: a subject identifier for the identified subject, and data associated with one or more actions taken by the identified subject in the area of real space; [col. 13 lines 25-39; col. 16 lines 46-59; col. 17 line 52-col. 18 line 9; col. 124 lines 27-40] detecting interest, by the identified subject, in one or more identified items positioned at locations in the area of real space over time; [col. 12 lines 48-67; col. 18 lines 46-57; col. 21 lines 1-15; col. 124 lines 27-40; col. 129 line 61-66] storing the identified items for which interest was identified as entries in a database, an entry including data attributes associated with at least one of: the subject identifier for the identified subject, an item identifier for at least one identified item, and a location of the at least one identified item in the area of real space; [col. 11 lines 10-18; col. 13 lines 25-39; col. 14 lines 50-57; col. 16 lines 46-59; col. 17 line 52-col. 18 line 9; col. 18 lines 46-57; col. 19 lines 33-43; col. 82 lines 1-3; col. 124 lines 27-40] analyzing the entries in the database to determine a correlation between two or more data attributes in the database; [col. 19 line 34 - col. 20 lines 8, 40-59; col. 21 lines 2-25] and: storing, in association with the user account linked to the identified subject, the determined correlation. [col. 21 lines 26-33; col. 134 line 65 - col. 135 line 11]
As to claim 13, Zalewski teaches the limitations of claim 11. Zalewski teaches wherein the operations further include calculating a unique visitor directional impression from the entries in the database, wherein the unique visitor directional impression identifies a number of unique or distinct subjects who have in interest in identified items. [col. 20 lines 46-57; col. 21 lines 37-67; col. 23 line 58 - col. 24 line 27; col. 25 lines 59-63; col. 138 lines 14-20]
As to claim 14, Zalewski teaches the limitations of claim 11. Zalewski teaches wherein the operations further include determining a length of time for which the identified subject has interest in a particular identified item and storing the determined length of time in an entry in the entries. [col. 20 lines 46-67; col. 21 lines 1-16, 37-67; col. 25 lines 59-63]
As to claim 15, Zalewski teaches the limitations of claim 11. Zalewski teaches wherein the operations further include calculating a length of time for which a particular identified item is of interest to the identified subject during the identified subject's presence in the area of real space. [col. 21 lines 4-16]
As to claim 16, Zalewski teaches the limitations of claim 11. Zalewski teaches wherein the operations further include determining a particular location in the area of real space at which a particular item is of interest to the identified subject and displays a view of the particular location. [col. 21 lines 4-16; col. 23 line 58 - col. 24 line 27]
As to claim 17, Zalewski teaches the limitations of claim 11. Zalewski teaches wherein the operations further include calculating a distance of the identified subject from an item positioned at a location in the area of real space, the distance being used to identify an interest of the identified subject in the item. [col. 12 lines 64-67; col. 129 lines 2-40]
As to claim 19, Zalewski teaches a non-transitory computer readable storage medium impressed with computer program instructions to detect gaze direction of subjects in an area of real space, the instructions, when executed on a processor, implement a method comprising: identifying a subject in an area of real space by linking the subject to a user account, [abstract; col. 13 lines 25-39; col. 16 lines 46-59; col. 17 lines 50-61] wherein user data is associated with the user account, the user data including at least one of: a subject identifier for the identified subject, and data associated with one or more actions taken by the identified subject in the area of real space; [col. 13 lines 25-39; col. 16 lines 46-59; col. 17 line 52-col. 18 line 9; col. 124 lines 27-40] detecting interest, by the identified subject, in one or more identified items positioned at locations in the area of real space over time; [col. 12 lines 48-67; col. 18 lines 46-57; col. 21 lines 1-15; col. 124 lines 27-40; col. 129 line 61-66] storing the identified items for which interest was identified as entries in a database, an entry including data attributes associated with at least one of: the subject identifier for the identified subject, an item identifier for at least one identified item, and a location of the at least one identified item in the area of real space; [col. 11 lines 10-18; col. 13 lines 25-39; col. 14 lines 50-57; col. 16 lines 46-59; col. 17 line 52-col. 18 line 9; col. 18 lines 46-57; col. 19 lines 33-43; col. 82 lines 1-3; col. 124 lines 27-40] analyzing the entries in the database to determine a correlation between two or more data attributes in the database; [col. 19 line 34 - col. 20 lines 8, 40-59; col. 21 lines 2-25] and: storing, in association with the user account linked to the identified subject, the determined correlation. [col. 21 lines 26-33; col. 134 line 65 - col. 135 line 11]
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski et al. US 9,911,290 in view Abdic et al. US 2013/0325673.
As to claim 2, Zalewski teaches the limitations of claim 1.
Zalewski does not explicitly teach further including generating a heat map of at least a portion of the area of real space, wherein the heat map identifies locations, in the area of real space, of identified items for which the interest by the identified subject exceeds a threshold.
Abdic teaches further including generating a heat map of at least a portion of the area of real space, wherein the heat map identifies locations, in the area of real space, of identified items for which the interest by the identified subject exceeds a threshold. [¶ 0031-0032; ¶ 0036-0037]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Abdic with the teachings of Zalewski allowing for improved customer experience and identification of behavioral patterns efficiency.
As to claim 12, Zalewski teaches the limitations of claim 11.
Zalewski does not explicitly teach wherein the operations further includes generating a heat map of at least a portion of the area of real space, wherein the heat map identifies locations, in the area of real space, of identified items for which the interest by the identified subject exceeds a threshold.
Abdic teaches wherein the operations further includes generating a heat map of at least a portion of the area of real space, wherein the heat map identifies locations, in the area of real space, of identified items for which the interest by the identified subject exceeds a threshold. [¶ 0031-0032; ¶ 0036-0037]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Abdic with the teachings of Zalewski allowing for improved customer experience and identification of behavioral patterns efficiency.
As to claim 20, Zalewski teaches the limitations of claim 19.
Zalewski does not explicitly teach wherein the method further includes generating a heat map of at least a portion of the area of real space, wherein the heat map identifies locations, in the area of real space, of identified items for which the interest by the identified subject exceeds a threshold.
Abdic teaches wherein the method further includes generating a heat map of at least a portion of the area of real space, wherein the heat map identifies locations, in the area of real space, of identified items for which the interest by the identified subject exceeds a threshold. [¶ 0031-0032; ¶ 0036-0037]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Abdic with the teachings of Zalewski allowing for improved customer experience and identification of behavioral patterns efficiency.
Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski et al. US 9,911,290 in view Schwartz US 2014/0304123.
As to claim 10, Zalewski teaches the limitations of claim 1.
Zalewski does not explicitly teach including updating a store planogram using the entries in the database and using the updated store planogram to facilitate stocking of items in the area of real space.
Schwartz teaches including updating a store planogram using the entries in the database and using the updated store planogram to facilitate stocking of items in the area of real space. [¶ 0026]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Schwartz with the teachings of Zalewski allowing for maintenance of inventory adequate levels.
As to claim 18, Zalewski teaches the limitations of claim 11.
Zalewski does not explicitly teach wherein the operations further include updating a store planogram using the entries in the database and using the updated store planogram to facilitate stocking of items in the area of real space.
Schwartz teaches wherein the operations further include updating a store planogram using the entries in the database and using the updated store planogram to facilitate stocking of items in the area of real space. [¶ 0026]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Schwartz with the teachings of Zalewski allowing for maintenance of inventory adequate levels.
Conclusion
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/ANNER HOLDER/Primary Examiner, Art Unit 2483
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