DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This office action is in response to the application filed on 6/11/2025.
Claims 1-11 are pending and have been examined.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202010859741.0, filed on 8/24/2020.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 6, 8, 9, 10, and 11 of U.S. Patent No. 12,354,144. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform the equivalent functions and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 4, and 6-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 and 7 recite the limitation "the server." There is insufficient antecedent basis for this limitation in the claim. It is unclear as to what “the server” is referring to as there have been no previous mention of “a server.” Further, it is unclear if the server is the entity receiving the information and performing the operations in claim 1 and if its is the computer system of claim 6 or if is meant to introduce a new computing device all together. The examiner recommends either changing “the server” to “a server” or make it clear that the server is implementing the method of claim 1 and is the computing system of claim 6.
Claims 4 and 9 recite the limitation "the multimedia information.” There is insufficient antecedent basis for this limitation in the claim. There is no previous mention of multimedia information. The examiner recommends changing “the multimedia information” to “multimedia information.”
Claims 4 and 9 recite the limitation "the target receiving terminal.” There is insufficient antecedent basis for this limitation in the claim. Claims 4 and 9 depend from claims 3 and 8 respectively, which depend from claims 1 and 6 respectively. There is no previous mention of “a target receiving terminal.” It is unclear as to weather this should simply be “a target receiving terminal” or if claims 4 and 9 are meant to depend from claims 2 and 7 which does introduce “a target receiving terminal.” The examiner recommends either changing the dependency to claims 2 and 7 or changing “the target receiving terminal” to “a target receiving terminal.”
Claim 6 recites the limitation "the apparatus.” There is insufficient antecedent basis for this limitation in the claim. Claim 6 recites a processor and memory, but there is no previous recitation of “an apparatus.” Thus, it is unclear as to whether the computer described by the processor and memory is the apparatus or if the claim is attempting to introduce another element. For purposes of examination, the apparatus will be interpreted as the processor and memory. The examiner recommends either referring to the apparatus as “an apparatus” or define the processor and memory as an apparatus. Claims 7-10 are rejected as each depends from claim 6.
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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-5 are directed to a method. Claims 6-10 are directed to a system. Claim 11 is directed to a computer readable non-transitory storage medium. Thus, on their face they fall within the four statutory categories of patentable subject matter.
Step 2A prong 1:
Claims 1, 6, and 11 recite virtually identical claim language. Claim 1 will be used as representative. Each claims additional elements will be addressed individually. The following limitations, when considered individually and as an ordered combination, are merely descriptive of abstract concepts:
Claims 1, 6, 11:
receiving multimedia content;
presenting the multimedia content and an interactive element associated with at least one of gift on a presenting interface;
in response to a purchase instruction associated with the interactive element, determining a level of the gift according to a purchase quantity corresponding to the purchase instruction;
determining a target effect corresponding to the level of the gift, wherein different levels of gifts are displayed with different effects; and
displaying the target effect and the multimedia content on the presenting interface.
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
Claim 2, 7:
updating the purchase quantity of the gift, and pushing, if an updated purchase quantity meets a preset condition, a gift collection notification to an information publishing entity, wherein the gift collection notification comprises a unique identifier of a user who has completed the purchase operation, and the information publishing entity selects, based on the gift collection notification, the user who has completed the purchase operation as a target user, and sends the unique identifier of the target user to a distribution entity and
receiving the unique identifier of the target user, determining a target user based on a predetermined correspondence between the unique identifier of the user and the user, and sending a reply message to the target user.
Claims 3, 8:
wherein the gift has a validity period.
Claims 4, 9:
setting the validity period of the gift starting from a time when the multimedia information is pushed to the user;
obtaining response information sent by the user when receiving the multimedia information, and determining, based on the response information, a time duration from a time when the multimedia information is pushed to the user to a time when the user receives the multimedia information, and determining, based on the time duration, whether the validity period is expired when the user receives the multimedia information.
Claims 5, 10:
pushing assistance information to an information publishing entity, wherein the assistance information comprises one or more of the following: a remaining duration of the validity period, the quantity of the virtual gift that has been obtained, the cumulated quantity of playbacks, the quantity of the virtual gift required for a next level, and a ranking of the information publishing terminal, wherein the ranking of the information publishing entity is obtained by sorting the quantity of the virtual gift received by each information publishing entity in a descending order.
The claims provide a manner of providing multimedia content with an option to purchase a gift, based on how many of those gifts have been purchased, the gift has different effects, and displaying the effect. Thus, when considered individually and as an ordered combination, the claims embody certain methods of organizing human activity. Specifically, such activity is in the form of commercial interactions (in the form of advertising, marketing or sales activities or behaviors). Essentially an advertisement encouraging users to purchase the gift is provided, and based on the amount of purchased gifts, the gift has different effects.
Step 2A prong 2: This judicial exception is not integrated into a practical application. The claims recite the following additional elements: Virtual gift (claims 1-11); information publishing terminal (claims 2, 5, 7, 10); server (claim 2, 7); target receiving terminal (claims 2, 4, 7, 9); at least one processor and at least one memory communicatively coupled to the at least one processor and storing instructions (claim 6); A computer-readable non-transitory storage medium storing a computer program (claim 11);
The information publishing terminal, server, target receiving terminal, at least one processor and at least one memory communicatively coupled to the at least one processor and storing instructions, a computer-readable non-transitory storage medium storing a computer program are recited at a high level of generality and merely “apply it” (the abstract idea) using generic computing components (spec [0117]-[0121]). The devices are merely used to send and receive data (receiving, presenting, displaying, obtaining, pushing) and process data (determining, setting, updating). Nothing in the claims improves technology or a technical field (See MPEP 2106.05(f)).
The gift being “virtual” as opposed to physical merely provides a general link to a particular technological environment or field of use (i.e. online). Nothing in the claims improve technology or a technical field (See MPEP 2106.05(h)).
Accordingly, when considered both individually and as an ordered combination, the additional elements do not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Similarly, as above with regard to practical application, the additional elements when considered both individually and as an ordered combination, do not provide an inventive concept as they merely provide generic computing components used as a tool to implement the abstract idea and provide a general link to a particular technological environment or field of use (i.e. online).
As a result, the claims are not patent eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, 5, 6, 8, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cruz (US 2012/0330741) in view of Marko (US 2003/0014306)
Claims 1, 6, and 11 recite virtually identical limitations. Limitations unique to each claim will be addressed individually. Limitations common to each claim will be addressed together.
As per claims 1, 6, and 11:
Cruz teaches:
Claim 1:
A method for displaying a virtual gift, the method comprising: ([0002])
Claim 6:
A computer implemented system, comprising: at least one processor; and at least one memory communicatively coupled to the at least one processor and storing instructions that upon execution by the at least one processor cause the apparatus to: ([0036], [0038], [0066])
Claim 11:
A computer-readable non-transitory storage medium storing a computer program, wherein the computer program, when executed by a processor, implements the method according to claim 1. ([0002], [0036], [0038], [0066])
Claims 1, 6, 11:
receiving multimedia content; ([0015] As discussed in more detail below, certain embodiments of the present technique include systems and methods for implementing promotions. In some embodiments, promotions include issuing coupons, vouchers or similar promotional materials (collectively referred to herein as coupons/vouchers) that have a variable redemption value and/or associated incentives that are dynamically assigned based on one or more factors, such as participation in a corresponding promotional offer. In certain embodiments, a redemption value for a coupon/voucher is based at least in part on a number of coupons/vouchers issued and/or purchased. [0025] For example, product provider 106 may retain an advertising agency or promotions firm to generate and/or issue coupons/vouchers to consumers (e.g., via mailers, internet websites, e-mail, etc.). [0026] In some embodiments, promotion instrument provider 104 may offer coupons/vouchers to consumers via a web-site or e-mail directed to the consumer and/or may provide the consumer an opportunity to receive, purchase, or otherwise commit to the offer for coupons/vouchers via the web-site, e-mail, phone, mail, etc.)
presenting the multimedia content and an interactive element associated with at least one of virtual gift on a presenting interface; [0026] Promotion instrument provider 104 may issue or otherwise distribute promotional instruments (e.g., coupons/vouchers). Promotion instrument provider 104 may provide coupons/vouchers 110 to consumers via physical media (e.g., mail, magazines, newspapers, flyers, paper coupons, etc.), electronic media (e.g., media provided via the internet, websites, e-mail, computers, cellular devices, personal digital assistant (PDA), software applications, etc.), or the like. In some embodiments, promotion instrument provider 104 may offer coupons/vouchers to consumers via a web-site or e-mail directed to the consumer and/or may provide the consumer an opportunity to receive, purchase, or otherwise commit to the offer for coupons/vouchers via the web-site, e-mail, phone, mail, etc.) For example, promotion instrument provider 104 may send to multiple consumers 108, e-mails describing coupons/vouchers that are available for purchase (e.g., a coupon/voucher for $10 credit toward the purchase food at the restaurant that can be purchased for $5). Consumers may subsequently visit a website of promotion instrument provider 104 to submit an electronic payment of $5 (e.g., using their credit-card) to purchase the coupon/voucher.)
in response to a purchase instruction associated with the interactive element, determining a level of the virtual gift according to a purchase quantity corresponding to the purchase instruction; ([0021] In some embodiments, the value of a promotional instrument (e.g., a voucher/coupon) and/or associated incentives depends on the number of persons who commit to, or otherwise take part in, a promotional campaign (e.g., a given coupon/voucher offer). For example, a coupon/voucher having an initial redemption value of $10 may be made available for purchase price of $5. Thus, a consumer may redeem the coupon for at least a $10 benefit toward good and services. However, as the number and/or value of coupons/vouchers issued (e.g., purchased) increases for the offer, the coupon/voucher may increase in value. For example, a coupon having the initial value of $10 may increase in value to $15 if a given number and/or value of coupons is sold to consumers. In some embodiments, the value may increase in view of various additional incentives in place of or in combination with a monetary increase in value. Incentives such as additional products (e.g., "add-ons"), credits, donations, additional coupon/vouchers may be provided in association with the coupon/voucher. For example, a coupon/voucher may be redeemed for a monetary credit of $15 and a free gift if a given number and/or value of coupons/vouchers is sold to consumers. In some embodiments, the number and/or value of incentives increase proportionally. For example, the monetary redemption value may increase by a value 1% of the total number and/or value of coupons sold. In some embodiments, the number and/or value of incentives increase based on satisfying one or more thresholds, such as a threshold number and/or value of coupons sold. For example, the redemption value may increase from $10 to $15 if three-hundred coupons are sold. In some embodiments, the number and/or value of incentives increase incrementally based on satisfying incremental thresholds for the number and/or value of coupons sold. For example, the redemption value may increase by $1 for every fifty coupons sold.)
displaying the {gift} and the multimedia content on the presenting interface. ([0026] Promotion instrument provider 104 may issue or otherwise distribute promotional instruments (e.g., coupons/vouchers). Promotion instrument provider 104 may provide coupons/vouchers 110 to consumers via physical media (e.g., mail, magazines, newspapers, flyers, paper coupons, etc.), electronic media (e.g., media provided via the internet, websites, e-mail, computers, cellular devices, personal digital assistant (PDA), software applications, etc.), or the like. In some embodiments, promotion instrument provider 104 may offer coupons/vouchers to consumers via a web-site or e-mail directed to the consumer and/or may provide the consumer an opportunity to receive, purchase, or otherwise commit to the offer for coupons/vouchers via the web-site, e-mail, phone, mail, etc. For example, promotion instrument provider 104 may send to multiple consumers 108, e-mails describing coupons/vouchers that are available for purchase (e.g., a coupon/voucher for $10 credit toward the purchase food at the restaurant that can be purchased for $5). Consumers may subsequently visit a website of promotion instrument provider 104 to submit an electronic payment of $5 (e.g., using their credit-card) to purchase the coupon/voucher. Upon purchase, promotion instrument provider 104 may transmit the corresponding coupon/voucher to consumer 108 via e-mail or other form of transmission (e.g., website, mail, etc.). The coupon/voucher may be printed (e.g., printed on a sheet of paper) or rendered on a display of an electronic device (e.g., rendered on a display of a cellular phone) for presentation to the restaurant for redemption.)
Cruz does not expressly teach determining a target effect corresponding to the level of the virtual gift, wherein different levels of virtual gifts are displayed with different effects or displaying the target effect.
Marko teaches:
determining a target effect corresponding to the level of the virtual gift, wherein different levels of virtual gifts are displayed with different effects; and ([0036] Expected value 60 may determine appearance of coupon 30. Appearance is any aspect of coupon 30 other than product identity, and may include size, quality, spacing, position, orientation, or color selection of coupon 30. For example, when a coupon has a very high expected value 60, the coupon may occupy a larger area of transaction record 24, may be printed at higher resolution, or may include a larger number of colors than a coupon with lower expected value 60.)
{displaying} the target effect ([0036] Expected value 60 may determine appearance of coupon 30. Appearance is any aspect of coupon 30 other than product identity, and may include size, quality, spacing, position, orientation, or color selection of coupon 30. For example, when a coupon has a very high expected value 60, the coupon may occupy a larger area of transaction record 24, may be printed at higher resolution, or may include a larger number of colors than a coupon with lower expected value 60.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining a target effect corresponding to the level of the virtual gift, wherein different levels of virtual gifts are displayed with different effects and displaying the target effect as taught by Marko with the virtual gifts of Cruz in order to provide the user with a sense of increased excitement and engagement to illustrate a coupon of higher value ([0036]).
Cruz in view of Marko teaches the limitations of claims 1 and 6. As per claims 3 and 8:
Cruz teaches:
wherein the virtual gift has a validity period. ( [0027] In some embodiments, promotion instrument provider 104 provides various details relating to the promotion instrument 110. Promotion instrument provider may provide terms describing how the value of a coupon/voucher (virtual gift) is determined. For example, promotion instrument provider 104 and/or coupon/voucher 110 may state: "This coupon/voucher has an initial monetary redemption value of $10 . . . The monetary redemption value increases by $2 for every fifty coupons issued/purchased over the next seven days (i.e., by April 8.sup.th), up to a maximum redemption value of $20." [0050] Method 300 may include determining whether or not an offer time limit has expired, as depicted at block 316. An offer time limit may correspond to an open period in which consumers are able to purchased coupons/vouchers or otherwise indicate their desire to participate in a promotional offer. For example, in an embodiment in which consumer's are able to opt into an offer over ten days (e.g., between the dates of April 1.sup.st and April 8.sup.th), the offer time limit may expire at 12:00 am, April 9.sup.th. Such a period may provide time for a number of consumers to purchase coupon/vouchers, may enable consumers to refer others to the coupon/voucher offer, and so forth. If it is determined that the time limit has not expired, system 100 may continue to provide coupon voucher offers, process purchases of coupon/voucher for the offer, process referrals, and so forth. Where it is determined that the offer time limit has expired, method 300 may proceed to monitoring and executing other operations of system 100.)
Cruz in view of Marko teaches the limitations of claims 3 and 8. As per claims 5 and 10:
Cruz teaches:
pushing assistance information to an information publishing terminal, wherein the assistance information comprises one or more of the following: a remaining duration of the validity period, the quantity of the virtual gift that has been obtained, the cumulated quantity of playbacks, the quantity of the virtual gift required for a next level, and a ranking of the information publishing terminal, wherein the ranking of the information publishing terminal is obtained by sorting the quantity of the virtual gift received by each information publishing terminal in a descending order. (paragraph [0028] In some embodiments, promotion coordinator 102 tracks the number and/or value of coupons/vouchers that have been issued to consumers. For example, promotion instrument provider 104 may inform promotions coordinator 102 of the number and value of coupons/vouchers purchased by consumers for a given offer.)
Claim(s) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cruz (US 2012/0330741) in view of Marko (US 2003/0014306) in view of Bradley et al (US 2014/0122220)
Cruz in view of Marko teaches the limitations of claims 1 and 6. As per claims 2 and 7:
Cruz further teaches:
updating the purchase quantity of the virtual gift, and pushing, if an updated purchase quantity meets a preset condition, a gift collection notification to an information publishing terminal, (paragraph [0022] In some embodiments, promotion coordinator 102 may track the number and/or value of coupons/vouchers issued in association with a promotional offer/campaign, and may assign incentives (e.g., a monetary redemption value and/or other incentives) to coupon/voucher 110 based on the number and/or value of coupons/vouchers issued. For example, the redemption value of coupon/voucher 110 may be increased if a threshold number and/or value of coupons/vouchers sold is satisfied. [0027] Promotion instrument provider 104, promotion coordinator 102 and/or product provider 106 may provide consumer with updates relating to the status of the coupon/voucher. For example, promotion instrument provider 104, promotion coordinator 102 and/or product provider 106 may send periodic updates or respond to consumer queries with information regarding the current assigned incentives (e.g., monetary redemption value and/or other incentives) and/or the number and/or value of promotion instruments purchased. Thus, consumer 108 may be informed of the redemption value and/or the potential for change in the redemption value of vouchers/coupons.)
Cruz does not expressly teach wherein the gift collection notification comprises a unique identifier of a user who has completed the purchase operation, and the information publishing terminal selects, based on the gift collection notification, the user who has completed the purchase operation as a target user, and sends the unique identifier of the target user to the server; and receiving the unique identifier of the target user, determining a target receiving terminal corresponding to the target user based on a predetermined correspondence between the unique identifier of the user and the target receiving terminal, and sending a reply message to the target receiving terminal corresponding to the target user.
Bradley teaches:
wherein the gift collection notification comprises a unique identifier of a user who has completed the purchase operation, and the information publishing terminal selects, based on the gift collection notification, the user who has completed the purchase operation as a target user, and sends the unique identifier of the target user to the server; and ([0149] In another embodiment, the GCSI/CTIS may be configured as a facility to effectuate purchases of goods and/or services. By scanning a code associated with a particular good or service, a message may be sent to a GCSI/CTIS system identifying the good or service associated with the code as well as identifying the user, such as based on a mobile device identifier. The GCSI/CTIS system may then automatically generate a bill for the user, charge a specified credit account, deduct a payment from a debit account, and/or the like to effectuate payment for the good or service. In one embodiment, the GCSI/CTIS may return a payment confirmation, such as to the user's mobile device and/or a retailer's point-of-sale device to confirm that the user has provided adequate payment.)
receiving the unique identifier of the target user, determining a target receiving terminal corresponding to the target user based on a predetermined correspondence between the unique identifier of the user and the target receiving terminal, and sending a reply message to the target receiving terminal corresponding to the target user. ([0149] In another embodiment, the GCSI/CTIS may be configured as a facility to effectuate purchases of goods and/or services. By scanning a code associated with a particular good or service, a message may be sent to a GCSI/CTIS system identifying the good or service associated with the code as well as identifying the user, such as based on a mobile device identifier. The GCSI/CTIS system may then automatically generate a bill for the user, charge a specified credit account, deduct a payment from a debit account, and/or the like to effectuate payment for the good or service. In one embodiment, the GCSI/CTIS may return a payment confirmation, such as to the user's mobile device and/or a retailer's point-of-sale device to confirm that the user has provided adequate payment.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the gift collection notification comprises a unique identifier of a user who has completed the purchase operation, and the information publishing terminal selects, based on the gift collection notification, the user who has completed the purchase operation as a target user, and sends the unique identifier of the target user to the server; and receiving the unique identifier of the target user, determining a target receiving terminal corresponding to the target user based on a predetermined correspondence between the unique identifier of the user and the target receiving terminal, and sending a reply message to the target receiving terminal corresponding to the target user as taught by Bradley with the content distribution methods/systems of Cruz in view of Marko in order to measure the effectiveness of marketing efforts, including measuring a user preference among offer types and response options in a marketing campaign (paragraph [0002]) and to confirm that the user provided adequate payment (paragraph [0149]).
Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cruz (US 2012/0330741) in view of Marko (US 2003/0014306) in view of Gluck (US 2008/0275786)
Cruz in view of Marko teaches the limitations of claims 3 and 8. As per claims 4 and 9:
Cruz teaches:
obtaining response information sent by the target receiving terminal when receiving the multimedia information, and determining, based on the response information, a time duration from a time when the {offer is started} to a time when the target receiving terminal receives the multimedia information, and determining, based on the time duration, whether the validity period is expired when the target receiving terminal receives the multimedia information. ([0050] An offer time limit may correspond to an open period in which consumers are able to purchased coupons/vouchers or otherwise indicate their desire to participate in a promotional offer. For example, in an embodiment in which consumer's are able to opt into an offer over ten days (e.g., between the dates of April 1.sup.st and April 8.sup.th), the offer time limit may expire at 12:00 am, April 9.sup.th. Such a period may provide time for a number of consumers to purchase coupon/vouchers, may enable consumers to refer others to the coupon/voucher offer, and so forth. If it is determined that the time limit has not expired, system 100 may continue to provide coupon voucher offers, process purchases of coupon/voucher for the offer, process referrals, and so forth. Where it is determined that the offer time limit has expired, method 300 may proceed to monitoring and executing other operations of system 100. The {…} indicate a modification to the claim language to show what is expressly taught by Cruz. Limitations regarding the starting point for the validity period occurring when the content is pushed to the terminal is addressed below by Gluck. Examiner’s Comment: Spec [0073],[0074] describe the response as the indication that the multimedia content was received. The examiner interprets an attempt to purchase the content within the time period as the response information and determining whether it occurred within the validity period.)
Cruz does not expressly teach setting the validity period of the virtual gift starting from a time when the multimedia information is pushed to the target receiving terminal.
Gluck teaches:
setting the validity period of the virtual gift starting from a time when the multimedia information is pushed to the target receiving terminal; (Fig. 4, element 218; [0032] The offer page 214 provides the potential customer with an offer to buy the product or service including a purchase price 216 and further displays a timer 218 together with an incentive offer 220 to obtain an additional bargain. Such an incentive offer 220 may be, for example, a discount off the posted price, provided that the prospective customer completes the purchase decision within a specified period of time. While the prospective customer is deciding whether to go ahead with a purchase, the timer 218 keeps counting the time to the expiration of the incentive offer 220. Upon expiration of the predetermined time, as depicted at FIG. 5, the customer is informed that the predetermined time period has lapsed and that the incentive offer is no longer available 222.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include starting the validity period when the virtual gift is sent to the user as taught by Gluck with the content distribution methods/systems of Cruz in view of Marko in order to increase the likelihood of the user making a purchase by creating a sense of urgency and increase the rate at which a customer makes a decision to complete an online purchase (paragraph [0011]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STROUD whose telephone number is (571)272-7930. The examiner can normally be reached Mon. - Fri. 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraff can be reached at (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
CHRISTOPHER STROUD
Primary Examiner
Art Unit 3621
/CHRISTOPHER STROUD/ Primary Examiner, Art Unit 3621
Prosecution Insights