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 action is in reply to the communications filed on 6/5/2025.
Claims 1-20 are currently pending and have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/5/2025 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS)s submitted on 9/4/2025, 10/21/2025 are being considered by the examiner.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,614,219. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the claims of U.S. Patent No. 12,614,219.
Instant application and Patent No. 12,614,219 claim the same invention as follows:
Instant Application
Patent No. 12,614,219
1. A purchase system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to:
receive, by a server system, a coupling code based on a point of sale device activating a checkout of a purchase transaction by a customer based on a scan of a code by a user computing device, corresponding to the customer, wherein the coupling code corresponds to the point of sale device; and
identify, at the server system, the point of sale device based on the coupling code;
associate the purchase transaction with the point of sale device based on the coupling code; and
conclude the purchase transaction based on the association of the point of sale device with the purchase transaction of the customer associated with the user computing device.
1. A purchase system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to:
receive, at a point of sale device, a request to initiate a checkout of a purchase transaction assembled at least in part through a user computing device;
couple the point of sale device with a customer associated with the user computing device by:
display by the point of sale device a code, comprising a coupling code, configured to be scanned by the user computing device;
receive the coupling code by a server system; and
identify, at the server system, the point of sale device based on the coupling code;
associate the purchase transaction, and contents of an electronic shopping cart associated with the purchase transaction, with the point of sale device in response to the identifying based on the coupling code the point of sale device; and
conclude the purchase transaction associated with the contents of the electronic shopping cart based on the coupling of the point of sale device with the customer associated with the user computing device that is associated with a customer identifier.
2. The system of claim 1, wherein the one or more processors executing the executable data is further configured to: cause the point of sale device to display the code in response to a request to initiate the checkout of the purchase transaction.
4. The system of claim 1, wherein the point of sale device is configured to receive a manual activation of a checkout option of the point of sale device and display the coupling code in response to the manual activation of the checkout option.
3. The system of claim 1, wherein the server system is configured to cause contents of an electronic shopping cart to be transmitted to the point of sale device.
3. The system of claim 1, wherein the server system is configured to cause the contents of the electronic shopping cart to be transmitted to the point of sale device.
4. The system of claim 1, wherein the point of sale device is configured to receive a manual activation of a checkout option of the point of sale device and display the code in response to the manual activation of the checkout option.
4. The system of claim 1, wherein the point of sale device is configured to receive a manual activation of a checkout option of the point of sale device and display the coupling code in response to the manual activation of the checkout option.
5. The system of claim 1, wherein the point of sale device is configured to receive a customer identifier and contents of an electronic shopping cart as part of a checkout routine in response to the associating of the point of sale device with the purchase transaction associated with the customer associated with the user computing device.
5. The system of claim 1, wherein the point of sale device is configured to receive the customer identifier and the contents of the electronic shopping cart as part of a checkout routine in response to the coupling of the point of sale device with the customer associated with the user computing device.
6. The system of claim 1, wherein the point of sale device is configured to receive contents of an electronic shopping cart directly from the user computing device.
6. The system of claim 1, wherein the point of sale device is configured to receive the contents of the electronic shopping cart directly from the user computing device.
7. The system of claim 1, wherein the point of sale device receives the coupling code as a one-off code unique to the purchase transaction.
7. The system of claim 1, wherein the point of sale device is configured to generate the coupling code as a one-off code unique to the purchase transaction.
8. The system of claim 1, wherein the server system is further configured to transmit contents of an electronic shopping cart associated with the purchase transaction from the server system to the point of sale device based on the association of the point of sale device with the purchase transaction.
8. The system of claim 1, wherein the server system is further configured to transmit the contents of the electronic shopping cart associated with the purchase transaction from the server system to the identified point of sale device in response to the identification, by the server system, of the point of sale device.
9. The system of claim 1, wherein the server system is configured to identify a plurality of products having an expected runout date prior to a next expected purchase transaction associated with the customer and cause the user computing device to display a listing of one or more products of the plurality of products having an expected runout date.
9. The system of claim 1, wherein the server system is configured to identify a plurality of products having an expected runout date prior to a next expected purchase transaction associated with the customer identifier and cause the user computing device to display a listing of one or more products of the plurality of products having an expected runout date.
10. The system of claim 9, wherein the server system is further configured to: determine a prioritization of two or more of the plurality of products according to the respective expected runout dates; and wherein server system in causing the user computing device to display the listing of the one or more products of the plurality of products is configured to transmit to the user computing device the listing of the one or more products according to the prioritization.
10. The system of claim 9, wherein the server system is further configured to: determine a prioritization of two or more of the plurality of products according to the respective runout dates; and wherein server system in causing the user computing device to display the listing of the one or more products of the plurality of products is configured to transmit to the user computing device the listing of the one or more products according to the prioritization.
11. A method to enable purchasing comprising: receiving, at a point of sale device, a request to initiate a checkout of a purchase transaction assembled at least in part through a user computing device; receiving, by a server system associated with a retail entity, a coupling code based on a point of sale device activating a checkout of a purchase transaction by a customer based on a scan of a code by a user computing device, corresponding to the customer, wherein the coupling code corresponds to the point of sale device; and identifying, at the server system the point of sale device based on the coupling code; associating the purchase transaction, and contents of an electronic shopping cart associated with the purchase transaction, with the point of sale device in response to the identifying the point of sale device based on the coupling code; concluding, the purchase transaction associated with contents of an electronic shopping cart based on the association of the point of sale device with the purchase transaction of the customer associated with user computing device.
11. A method to enable purchasing comprising: receiving, at a point of sale device, a request to initiate a checkout of a purchase transaction assembled at least in part through a user computing device; coupling the point of sale device with a customer associated with the user computing device by: displaying by the point of sale device a code, comprising a coupling code, configured to be scanned by the user computing device; receiving the coupling code by a server system associated with a store; and identifying, at the server system, the point of sale device based on the coupling code; associating the purchase transaction, and contents of an electronic shopping cart associated with the purchase transaction, with the point of sale device in response to the identifying the point of sale device based on the coupling code; concluding, the purchase transaction associated with the contents of the electronic shopping cart based on the coupling of the point of sale device with the customer associated with user computing device that is associated with a customer identifier.
12. The method of claim 11, further comprising: causing the point of sale device to display the code in response to a request to initiate the checkout of the purchase transaction.
12. The method of claim 11, further comprising: receiving, at the server system and from the user computing device, the coupling code in response to scanning of the coupling code by the user computing device.
13. The method of claim 11, further comprising: transmitting contents of an electronic shopping cart to the point of sale device.
13. The method of claim 11, further comprising: transmitting the contents of the electronic shopping cart to the point of sale device.
14. The method of claim 11, further comprising: receiving a manual activation of a checkout option of the point of sale device, and displaying the code in response to the manual activation of the checkout option.
14. The method of claim 11, further comprising: receiving a manual activation of a checkout option of the point of sale device, and displaying the coupling code in response to the manual activation of the checkout option.
15. The method of claim 11, further comprising: receiving, at the point of sale device, a customer identifier and contents of an electronic shopping cart as part of a checkout routine in response to the associating of the point of sale device with the purchase transaction associated with the customer associated with the user computing device.
15. The method of claim 11, further comprising: receiving, at the point of sale device, the customer identifier and the contents of the electronic shopping cart as part of a checkout routine in response to the coupling of the point of sale device with the customer associated with the user computing device.
16. The method of claim 11, further comprising: receiving, at the point of sale device, contents of an electronic shopping cart directly communicated from the user computing device.
16. The method of claim 11, further comprising: receiving, at the point of sale device, the contents of the electronic shopping cart directly communicated from the user computing device.
17. The method of claim 11, further comprising: receiving, by the point of sale device, the coupling code as a one-off code unique to the purchase transaction.
17. The method of claim 11, further comprising: generating, by the point of sale device, the coupling code as a one-off code unique to the purchase transaction.
18. The method of claim 11, further comprising: transmitting, by the server system, contents of an electronic shopping cart associated with the purchase transaction to the point of sale device based on the association of the point of sale device with the purchase transaction.
18. The method of claim 11, further comprising: transmitting, by the server system, the contents of the electronic shopping cart associated with the purchase transaction to the identified point of sale device in response to the identification, by the server system, of the point of sale device based on the coupling code.
19. The method of claim 11, further comprising: identifying, by the server system, a plurality of products having an expected runout date prior to a next expected purchase transaction associated with the customer; and causing the user computing device to display a listing of one or more products of the plurality of products having an expected runout date.
19. The method of claim 11, further comprising: identifying, by the server system, a plurality of products having an expected runout date prior to a next expected purchase transaction associated with the customer identifier; and causing the user computing device to display a listing of one or more products of the plurality of products having an expected runout date.
20. A system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to: receive, at a first electronic system, a coupling code in response to a scan of a code by a second electronic device while the coupling code corresponds to a third electronic device; identify, based on the coupling code, the third electronic device; associate a purchase transaction with the third electronic device based on the coupling code; conclude the purchase transaction based on the association of the third electronic device with the purchase transaction of a customer associated with the second electronic device.
20. A system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to: receive, at a first electronic device, a request to initiate a checkout of a purchase transaction assembled at least in part through a second electronic device; couple the first electronic device with a customer associated with the second electronic device by: displaying at the first electronic device a code, comprising a coupling code configured to be scanned by the second electronic device; and identifying, based on the coupling code, the first electronic device; associate the purchase transaction, and contents of an electronic shopping cart associated with the purchase transaction, with the first electronic device in response to identifying based on the coupling code the first electronic device; conclude the purchase transaction associated with the contents of the electronic shopping cart based on the coupling of the first electronic device with the customer associated with the second electronic device that is associated with a customer identifier.
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 an abstract idea without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories. All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG), it is determined whether the claims are directed to a judicially recognized exception. Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 20 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
20. A system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to:
receive, at a first electronic system, a coupling code in response to a scan of a code by a second electronic device while the coupling code corresponds to a third electronic device;
identify, based on the coupling code, the third electronic device;
associate a purchase transaction with the third electronic device based on the coupling code;
conclude the purchase transaction based on the association of the third electronic device with the purchase transaction of a customer associated with the second electronic device.
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations as emphasized, are a process that, under its broadest reasonable interpretation, covers a commercial interaction. That is, other than reciting that a user interface is generated from the list and products are displayed on the user interface, nothing in the claim element precludes the step from practically being performed by people. For example, “receive, identify, associate, and conclude” in the context of this claim encompasses advertising, and marketing or sales activities.
If a claim limitation, under its broadest reasonable interpretation, covers a commercial interaction but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
The claim recites additional elements beyond the judicial exception(s), including:
20. A system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to:
receive, at a first electronic system, a coupling code in response to a scan of a code by a second electronic device while the coupling code corresponds to a third electronic device;
identify, based on the coupling code, the third electronic device;
associate a purchase transaction with the third electronic device based on the coupling code;
conclude the purchase transaction based on the association of the third electronic device with the purchase transaction of a customer associated with the second electronic device.
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 20 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea.) Specifically, the additional element of an application or computer based browser on advanced communication devices is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of connecting to a platform on a network) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the additional elements to no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). For example, stating that the devices are electronic, and the coupling code is received in response to a scan of a code, only generally links the commercial interactions and management of relationships or interactions between people to a computer environment. Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of system claim 20, taken individually or as a whole, the additional elements of claim 20 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Therefore, claim 20 does not provide an inventive concept and does not qualify as eligible subject matter.
Claim 11 is a method reciting similar functions as claim 20, and does not qualify as eligible subject matter for similar reasons.
Claim 20 is a system reciting similar functions as claim 1, though differing in scope and does not qualify as eligible subject matter for similar reasons.
Claims 2-10, 12-19 are dependencies of claims 1, and 11. The dependent claims do not add “significantly more” to the abstract idea. They recite additional functions that describe the abstract idea and only generally link the abstract idea to a particular technological environment, including:
wherein the server system is configured to cause contents of an electronic shopping cart to be transmitted to the point of sale device. (only generally links the abstract idea to a technological environment)
wherein the point of sale device is configured to receive a customer identifier and contents of an electronic shopping cart as part of a checkout routine in response to the associating of the point of sale device with the purchase transaction associated with the customer associated with the user computing device. (only generally links the abstract idea to a technological environment)
wherein the point of sale device is configured to receive contents of an electronic shopping cart directly from the user computing device. (sales activities or behaviors)
the order may be sent to selected recipient's personal virtual shopping cart along with a request for feedback, and the recipient of a request for feedback may in turn provide feedback to the sender by sending the feedback to the sender's personal virtual shopping cart. (receiving and transmitting data over a network)
Accordingly, the Examiner concludes that there are no meaningful limitations in the claim that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
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 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.
Claims 1-8, 11-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2014/0156376 A1 to Sellers in view of US 2012/0095853 A1 to von Bose.
Regarding Claim 1, SELLERS discloses A purchase system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to:
receive, by a server system, a coupling code ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,) based on a point of sale device purchase transaction by a customer ([0019] is for the QR code to contain a URL or be linked to the URL of a particular Internet web page which may contain either explicit or implicit POS information which can be parsed by the mobile device and presented to the POS 1-D barcode scanner to complete the transaction) based on a scan of a code by a user computing device, corresponding to the customer, ([0031] A mobile device 200 images a QR code (block 250).) wherein the coupling code corresponds to the point of sale device; and ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,)
identify, at the server system, the point of sale device based on the coupling code; ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,)
associate the purchase transaction with the point of sale device based on the coupling code; and conclude the purchase transaction based on the association of the point of sale device with the purchase transaction of the customer associated with the user computing device.. ([0019] is for the QR code to contain a URL or be linked to the URL of a particular Internet web page which may contain either explicit or implicit POS information which can be parsed by the mobile device and presented to the POS 1-D barcode scanner to complete the transaction)
But does not explicitly disclose based on a point of sale device activating a checkout .
Von Bose, on the other hand, teaches based on a point of sale device activating a checkout ([0070] or if the user is still shopping and adding items to the virtual shopping cart 433, then POS message 630 is routed back to the mobile device 200. However, if the user 610 has completed shopping and decided to transmit payment via a traditional cashier or self-checkout station, then POS message 630 is routed to point of sale terminal 600 whereupon the user 610 provides identifying information, such as a unique identifier 462 or optical machine-readable representation 460, to the point of sale terminal 600 and payment for order 452 is processed. [0071] POS messages 630 can be received by a terminal sales application 620 running in an enterprise server 800 at the enterprise level, from a multitude of sources, such as a mobile shelf-checkout application 400 running on a mobile device 200, a point of sale terminal 600, a user accessing a website on the Internet, or from a web-based application running on a browser. In this manner, a virtual transaction can be maintained and modified from a plurality of POS messages 630 arriving from a multitude of sources. ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 2, SELLERS in view of VON BOSE teaches the system of claim 1.
VON BOSE teaches wherein the one or more processors executing the executable data is further configured to: cause the point of sale device to display the code in response to a request to initiate the checkout of the purchase transaction. ([0053] With reference to FIGS. 1C and 2B, at block 348, the user goes to a traditional cashier or a self-checkout station and presents the optical machine-readable representation 460 to an optical scanning machine 500 which reads the optical machine-readable representation 460, and specifically the unique identifier 462 encoded in the optical machine-readable representation 460, self-checkout station. [0075] Upon generating a unique identifier 462 for an order 452, the unique identifier 462 is then transmitted to mobile device 200 via application 400 in the form of optical machine-readable representation 460, and also transmitted to the point of sale terminal 600, where the unique identifier 462 is used to identify order 452 and a user 610 associated with unique order 452.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 3, SELLERS in view of VON BOSE teaches the system of claim 1.
VON BOSE teaches wherein the server system is configured to cause contents of an electronic shopping cart to be transmitted to the point of sale device. ([0047] Upon selecting the option to checkout, a total amount for all the contents of the virtual shopping cart 433 is calculated and an order 452 is generated for the item 220 identified by the identification information 222, listed in the virtual shopping cart 433 at block 328. Preferably, an order number 463 associated with the order 452 is also generated. In one embodiment, the order 452 is generated by the mobile device 200 and transmitted to the remote server 240 [0053] Preferably, the unique identifier 462 is then transmitted to remote server 240 in order to retrieve the order 452 from the remote server 240.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 4, SELLERS in view of VON BOSE teaches the system of claim 1.
VON BOSE teaches wherein the point of sale device is configured to receive a manual activation of a checkout option of the point of sale device and display the code in response to the manual activation of the checkout option. ([0043] pressing a checkout button 439 or a prepare to pay button 437. )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 5, SELLERS in view of VON BOSE teaches the system of claim 1.
VON BOSE teaches wherein the point of sale device is configured to receive a customer identifier and contents of an electronic shopping cart as part of a checkout routine in response to the associating of the point of sale device with the purchase transaction associated with the customer associated with the user computing device. ([0043] pressing a checkout button 439 or a prepare to pay button 437. [0047] Upon selecting the option to checkout, a total amount for all the contents of the virtual shopping cart 433 is calculated and an order 452 is generated for the item 220 identified by the identification information 222, listed in the virtual shopping cart 433 at block 328. Preferably, an order number 463 associated with the order 452 is also generated. In one embodiment, the order 452 is generated by the mobile device 200 and transmitted to the remote server 240 [0053] Preferably, the unique identifier 462 is then transmitted to remote server 240 in order to retrieve the order 452 from the remote server 240.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 6, SELLERS in view of VON BOSE teaches the system of claim 1.
VON BOSE teaches wherein the point of sale device is configured to receive contents of an electronic shopping cart directly from the user computing device. ([0043] pressing a checkout button 439 or a prepare to pay button 437. [0047] Upon selecting the option to checkout, a total amount for all the contents of the virtual shopping cart 433 is calculated and an order 452 is generated for the item 220 identified by the identification information 222, listed in the virtual shopping cart 433 at block 328. Preferably, an order number 463 associated with the order 452 is also generated. In one embodiment, the order 452 is generated by the mobile device 200 and transmitted to the remote server 240 [0053] Preferably, the unique identifier 462 is then transmitted to remote server 240 in order to retrieve the order 452 from the remote server 240.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 7, SELLERS in view of VON BOSE teaches the system of claim 1.
VON BOSE teaches wherein the point of sale device receives the coupling code as a one-off code unique to the purchase transaction. ([0049] The optical machine-readable representation 460 encodes a unique identifier 462 such as an order number 463 or a unique mobile identifier (UMI) which is associated with the mobile device 200 in order to identify order 452, since each optical machine-readable representation 460 generated is unique to each order 452. Each unique mobile identifier (UMI) is specific to a particular mobile device 200, and contains information identifying that particular mobile device 200, such as unique device identifier (UDID) for the mobile device 200, a serial number of the mobile device 200, or some other identifying information for a particular mobile device 200.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 8, SELLERS in view of VON BOSE teaches the system of claim 1.
VON BOSE teaches wherein the server system is further configured to transmit contents of an electronic shopping cart associated with the purchase transaction from the server system to the point of sale device based on the association of the point of sale device with the purchase transaction. ([0049] The optical machine-readable representation 460 encodes a unique identifier 462 such as an order number 463 or a unique mobile identifier (UMI) which is associated with the mobile device 200 in order to identify order 452, since each optical machine-readable representation 460 generated is unique to each order 452. Each unique mobile identifier (UMI) is specific to a particular mobile device 200, and contains information identifying that particular mobile device 200, such as unique device identifier (UDID) for the mobile device 200, a serial number of the mobile device 200, or some other identifying information for a particular mobile device 200.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Regarding Claim 11, SELLERS discloses A method to enable purchasing comprising:
receiving, at a point of sale device, a request to initiate a checkout of a purchase transaction assembled at least in part through a user computing device;
receiving, by a server system associated with a retail entity, a coupling code ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,) based on a point of sale device purchase transaction by a customer ([0019] is for the QR code to contain a URL or be linked to the URL of a particular Internet web page which may contain either explicit or implicit POS information which can be parsed by the mobile device and presented to the POS 1-D barcode scanner to complete the transaction) based on a scan of a code by a user computing device, corresponding to the customer, ([0031] A mobile device 200 images a QR code (block 250).) wherein the coupling code corresponds to the point of sale device; and ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,)
identifying, at the server system the point of sale device based on the coupling code; ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,)
associating the purchase transaction, and contents of an electronic shopping cart associated with the purchase transaction, with the point of sale device in response to the identifying the point of sale device based on the coupling code; concluding, the purchase transaction associated with contents of an electronic shopping cart based on the association of the point of sale device with the purchase transaction of the customer associated with user computing device. ([0019] is for the QR code to contain a URL or be linked to the URL of a particular Internet web page which may contain either explicit or implicit POS information which can be parsed by the mobile device and presented to the POS 1-D barcode scanner to complete the transaction)
But does not explicitly disclose based on a point of sale device activating a checkout .
Von Bose, on the other hand, teaches based on a point of sale device activating a checkout ([0070] or if the user is still shopping and adding items to the virtual shopping cart 433, then POS message 630 is routed back to the mobile device 200. However, if the user 610 has completed shopping and decided to transmit payment via a traditional cashier or self-checkout station, then POS message 630 is routed to point of sale terminal 600 whereupon the user 610 provides identifying information, such as a unique identifier 462 or optical machine-readable representation 460, to the point of sale terminal 600 and payment for order 452 is processed. [0071] POS messages 630 can be received by a terminal sales application 620 running in an enterprise server 800 at the enterprise level, from a multitude of sources, such as a mobile shelf-checkout application 400 running on a mobile device 200, a point of sale terminal 600, a user accessing a website on the Internet, or from a web-based application running on a browser. In this manner, a virtual transaction can be maintained and modified from a plurality of POS messages 630 arriving from a multitude of sources. ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Claim 12 recites a method comprising substantially similar limitations as claim 2. The claim is rejected under substantially similar grounds as claim 2.
Claim 13 recites a method comprising substantially similar limitations as claim 3. The claim is rejected under substantially similar grounds as claim 3.
Claim 14 recites a method comprising substantially similar limitations as claim 4. The claim is rejected under substantially similar grounds as claim 4.
Claim 15 recites a method comprising substantially similar limitations as claim 5. The claim is rejected under substantially similar grounds as claim 5.
Claim 16 recites a method comprising substantially similar limitations as claim 6. The claim is rejected under substantially similar grounds as claim 6.
Claim 17 recites a method comprising substantially similar limitations as claim 7. The claim is rejected under substantially similar grounds as claim 7.
Claim 18 recites a method comprising substantially similar limitations as claim 8. The claim is rejected under substantially similar grounds as claim 8.
Regarding Claim 20, SELLERS discloses A system comprising one or more processors and one or more memory devices operably coupled to the one or more processors, the one or more memory devices storing executable and operational data effective to cause the one or more processors to:
receive, at a first electronic system, a coupling code ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,) in response to a scan of a code by a second electronic device while the coupling code corresponds to a third electronic device; ([0019] is for the QR code to contain a URL or be linked to the URL of a particular Internet web page which may contain either explicit or implicit POS information which can be parsed by the mobile device and presented to the POS 1-D barcode scanner to complete the transaction [0031] A mobile device 200 images a QR code (block 250). [0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,)
identify, based on the coupling code, the third electronic device; ([0032] the intermediary server 210 receives the decoded QR code, it may use any part of the decoded QR code as lead information for ultimately obtaining POS information as well as any other information useful to the mobile device,)
associate a purchase transaction with the third electronic device based on the coupling code; conclude the purchase transaction with the purchase transaction of a customer associated with the second electronic device. ([0019] is for the QR code to contain a URL or be linked to the URL of a particular Internet web page which may contain either explicit or implicit POS information which can be parsed by the mobile device and presented to the POS 1-D barcode scanner to complete the transaction)
But does not explicitly disclose based on the association of the third electronic device
Von Bose, on the other hand, teaches based on the association of the third electronic device ([0070] or if the user is still shopping and adding items to the virtual shopping cart 433, then POS message 630 is routed back to the mobile device 200. However, if the user 610 has completed shopping and decided to transmit payment via a traditional cashier or self-checkout station, then POS message 630 is routed to point of sale terminal 600 whereupon the user 610 provides identifying information, such as a unique identifier 462 or optical machine-readable representation 460, to the point of sale terminal 600 and payment for order 452 is processed. [0071] POS messages 630 can be received by a terminal sales application 620 running in an enterprise server 800 at the enterprise level, from a multitude of sources, such as a mobile shelf-checkout application 400 running on a mobile device 200, a point of sale terminal 600, a user accessing a website on the Internet, or from a web-based application running on a browser. In this manner, a virtual transaction can be maintained and modified from a plurality of POS messages 630 arriving from a multitude of sources. ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of SELLERS to include the features as taught by VON BOSE. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify SELLERS in order to allow a customer to check out and pay for items (VON BOSE, [0003]).
Claims 9-10, 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2014/0156376 A1 to Sellers and US 2012/0095853 A1 to von Bose in view of US 8583512 B1 to GUPTA.
Regarding Claim 9, SELLERS in view of VON BOSE teaches the system of claim 1.
However the combination of SELLERS and VON BOSE does not explicitly teach wherein the server system is configured to identify a plurality of products having an expected runout date prior to a next expected purchase transaction associated with the customer and cause the user computing device to display a listing of one or more products of the plurality of products having an expected runout date.
GUPTA, on the other hand, teaches wherein the server system is configured to identify a plurality of products having an expected runout date prior to a next expected purchase transaction associated with the customer and cause the user computing device to display a listing of one or more products of the plurality of products having an expected runout date.. ([Col 8 Ln 10-15] generates multiple shopping lists 253m segregated according to pre-determined criteria, and establishes a communication with consumer computing device 235 to transmit or display the generated, segregated shopping lists 253m to consumer 230. [Col 12 Ln 60-Col 13 Ln 10] a shopping list 253 may list items for purchase on the estimated date 252 as shown in FIGS. 7A-C. According to another embodiment, a shopping list 253 also identifies the quantity of items to be purchased. The quantity may be based at least in part upon the determined purchase interval and/or estimated date for which the shopping list is generated. For example, if it is determined that consumer 230 utilizes one box of cereal per week, a shopping list 253 generated for the following week would indicate "1" box of that cereal, whereas a shopping list generated for an estimated date 252 of two weeks may indicate "2" boxes of that cereal. )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of SELLERS and VON BOSE to include the features as taught by GUPTA. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the combination in order to determine which items need to be purchased or replaced, (GUPTA, [Col 1 LN 49]).
Regarding Claim 10, SELLERS in view of VON BOSE and GUPTA teaches the system of claim 9.
However the combination of SELLERS and VON BOSE does not explicitly teach wherein the server system is further configured to: determine a prioritization of two or more of the plurality of products according to the respective expected runout dates; and wherein server system in causing the user computing device to display the listing of the one or more products of the plurality of products is configured to transmit to the user computing device the listing of the one or more products according to the prioritization..
GUPTA, on the other hand, teaches wherein the server system is further configured to: determine a prioritization of two or more of the plurality of products according to the respective expected runout dates; and wherein server system in causing the user computing device to display the listing of the one or more products of the plurality of products is configured to transmit to the user computing device the listing of the one or more products according to the prioritization. ([Col 8 Ln 10-15] generates multiple shopping lists 253m segregated according to pre-determined criteria, and establishes a communication with consumer computing device 235 to transmit or display the generated, segregated shopping lists 253m to consumer 230. [Col 12 Ln 60-Col 13 Ln 10] a shopping list 253 may list items for purchase on the estimated date 252 as shown in FIGS. 7A-C. According to another embodiment, a shopping list 253 also identifies the quantity of items to be purchased. The quantity may be based at least in part upon the determined purchase interval and/or estimated date for which the shopping list is generated. For example, if it is determined that consumer 230 utilizes one box of cereal per week, a shopping list 253 generated for the following week would indicate "1" box of that cereal, whereas a shopping list generated for an estimated date 252 of two weeks may indicate "2" boxes of that cereal. )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of SELLERS and VON BOSE to include the features as taught by GUPTA. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the combination in order to determine which items need to be purchased or replaced, (GUPTA, [Col 1 LN 49]).
Claim 19 recites a method comprising substantially similar limitations as claim 9. The claim is rejected under substantially similar grounds as claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle T. Kringen whose telephone number is (571)270-0159. The examiner can normally be reached M-F: 11am-7pm.
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, Marissa Thein can be reached at (571)272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE T KRINGEN/Primary Examiner, Art Unit 3689
Prosecution Insights