DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment and Arguments
The applicant argues on page 10 of the 4/18/2026 response in part,
“Wakim's second device, the "merchant-media arrangement," does not conduct any interactive session whatsoever. When an RFID tag enters Wakim's proximity zone, the merchant- media arrangement reads the tag ID and passes it to a remote processing arrangement (a remote server), which retrieves a pre-stored communications address and routes content to that address via email, SMS, voicemail, or other remote channel. There is no configuration of a session much less "an interactive session of operation" on Wakim's second device. The entire function of Wakim's second device begins and ends with reading a tag ID and forwarding a request to a remote server.
As such, there is nothing in Wakim to suggest or render obvious "determining
configuration data corresponding to an interactive session of operation of the second device in association with the first device based on the preference" as now recited by Amended claim 2.”
The examiner argues that Wakim does have a session in a broad sense. Why can’t serving customized ad content be considered as a session. I user device is identified and then the system looks up their information and serves custom content. This is a session that continues while the user device is within range of the terminal (second device). The session is interactive in the sense that first device gives its identity and this is used to serve content in a customized way. It is a session that spans a period time rather than a single moment because the user holding the first device (typically a smartphone) will be in the interaction zone for some period of time.
As for “configuration data” this may be considered to be simply the user profile that enables the serving of ads in a custom way.
Wakim teaches at claim 23 “The interactive communications system of claim 22, wherein the user interface is adapted for communicating at least two different types of advertising media to the user at exclusive time periods, wherein the merchant-media arrangement includes a unique merchant-media ID code for each of the at least two different types of advertising media and is adapted for sending a merchant-information-request signal including one of the unique merchant-media ID codes corresponding to the one of the at least two different types of advertising media being displayed when the user ID data is transmitted.”
Thus, it is clear that there are ‘sessions’ spanning time periods during which users are served multiple different ads. For this to work, there must be a persistent identity maintained of a user while they are in range and tracking how long some ad has been served and when to serve a different, second ad. That persist identity that is kept on the server over time is a session.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 2-21 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Wakim et al. (US 2004/0186768).
Re claim 2:
Wakim teaches (with relevant portions emboldened by examiner):
“[0006] The present invention is directed to a system, apparatus, and method for requesting information and services/applications for merchant-type products and/or services, as well as facilitating receipt of information such as advertising information.
[0007] In accordance with one embodiment of the invention, a merchant-media arrangement communicates with a user-communications device within a local proximity of the merchant-media arrangement for obtaining identification (ID) data from the user-communications device. The user ID data is obtained by the merchant-media arrangement and used for selecting a communications-user receipt address. Stored data for the merchant-media arrangement is then communicated to the selected communications-user-receipt address.
[0008] In another example embodiment of the present invention, a radio frequency (RF) reader communicates with an RF tag within a local proximity of the RF reader. The RF tag includes at least one transponder having a user ID and adapted for responding to wireless activation signals from the RF reader by communicating an RF signal including the user ID to the RF reader. The RF reader then communicates the user ID and a unique RF reader ID to a remote processing arrangement. The remote processing arrangement uses the user ID to identify a particular type of communications medium and address that are to be used, and also uses the RF reader ID to identify a particular type of content to be communicated. The content is then communicated to the communications address via the particular type of communications medium (e.g., email, voice mail, voice call, short-message service (SMS), Java application, multi-media message service (MMS) message, the initiation of an Internet browser session or paper).
[0009] In another example embodiment of the present invention, a merchant-media arrangement is adapted for conveying merchant-media information (i.e., audio and/or visual advertisements) to a user and, in response to the user presenting an RFID tag, to send merchant-media information to an address specified by the user. The merchant-media arrangement includes a RFID reader, a microcontroller (e.g., a microprocessor) and a transceiver for communicating with a remote processing arrangement, such as discussed above. The remote processing arrangement includes a memory having information stored therein, including address information corresponding to an ID of the RFID tag and merchant-media information corresponding to an ID of the RFID reader. In response to receiving communications including the RFID tag ID and the RFID reader ID, the remote processing arrangement accesses the memory and sends the merchant-media information using the address information.
[0010] In another example embodiment of the present invention, the merchant-media arrangement discussed above is further adapted for interactively communicating with a local user presenting a RFID tag. In one instance, a user interface such as a keyboard, switch (e.g., a push button), touch screen or other arrangement is used for inputting user selections, such as content selections and communications medium selections. In another instance, a wireless communications link at the merchant-media arrangement communicates with the local user, for example, for sending information or receiving requests.”
“[0041] After the RFID tag information is processed at the merchant-media arrangement 204, a transceiver 210 (e.g., a wired and/or wireless modem or mobile telephony appliance) sends the merchant-information request to a remote processing arrangement 212 using wireless or wireline connection. According to various embodiments of the present invention, the merchant-information request may be transferred using for example SMS, MMS, voice call, email, TCP/IP or even physical mail. The merchant-information request is representative of the user ID received from the RFID tag 200 and of a particular type of information content request associated with the merchant-media arrangement 204. For example, using a unique merchant-media ID stored at the merchant-media arrangement, the type of content displayed at the merchant-media arrangement can be identified.”
“[0045] According to various other implementations of the present invention, the registration process for subscribing to services may be performed by linking user ID with existing customer database. The database could be implemented, for example, as a database provided by a loyalty program or any other trusted entity. The registration may also be performed at the merchant-media arrangement site, for example, wherein the user could send an SMS message including some available service identification to a certain number that is identified by the merchant-media arrangement. The remote processing unit may then respond by sending back e.g. an SMS message or a voice call informing the user to put his/her RFID tag to the RFID reader field in order to register to the service. According to other implementations, the registration maybe done, e.g., over the Internet by the user.”
“[0059] In response to the RFID reader 310 receiving RFID tag information, the transceiver 320 sends a wireless signal to a remote wireless processor arrangement 350, the wireless signal including the unique ID for the media communications arrangement 300 and the RFID tag information. The remote wireless processor arrangement 350 is pre-programmed with media content information assigned to the unique ID for the media communications arrangement and with user preferences including user address information and one or more preferred types of communications associated with the RFID tag. In response to receiving the wireless signal from the transceiver 320, the remote wireless processor arrangement 350 uses the unique ID to retrieve media content information associated therewith and uses the RFID tag information to send the media content information to the user address using the preferred type of communications.”
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User devices (represented by RFID tag in figure 1) enter a proximity zone of a merchant system with a reader. As figure 1 shows, there can be a plurality of user devices, 120, 122, 124 and 126, some within and some not within proximity.
The IDs are recognized and customer databases can be linked to recognize users.
Then custom content can be served to users based on preferences. Users can be identified and also custom destinations to send the content to can be known.
Re claim 3: See para 0045, highlighted above. A third-party customer database can be used.
Re claim 4: See figure 1. Two RFID transponders belonging to users are within range. Clearly there is a process for differentiating among them and interfacing with just one. A billboard would have to choose which user to focus on, implying selection.
As para 0057 shows, one way of selection is by time, so that tags are differentiated by when they come into proximity.
Re claim 5: Numerous examples in Wakim et al. show that custom content is presented based on particular tags/user identities that have been determined.
Re claim 6: Custom content is shows and customized interactions happen based on the tag that has been identified. These constitute preferences.
Re claim 7: A range of available functions on the reading device (i.e. display of different custom content) can occur based on identification.
Re claim 8: One function discussed is avoiding repeated display of content (i.e. ads) to the same user. This implies logging and memory of past interactions. See para 0057, below.
Re claim 9:
There is a timer for limiting user sessions of interacting with the main reader delivery system.
“[0057] In another example embodiment of the present invention, the merchant-media arrangement 204 of FIG. 2 is further adapted for limiting the number of repetitive communications from a particular user-communications device. For instance, when a user presents his or her RFID tag to an RFID reader, it is typically desirable that only one request for information be made, such that a user does not inadvertently or intentionally request information more than once. In one implementation, the merchant-media arrangement 204 includes pre-set timer, and the pre-set time sets a time period during which communications from a particular RFID tag can not be processed. By starting the timer when RFID tag information is read from a certain RFID reader, the subsequent receipt of duplicate RFID tag information received through the same RFID reader can be ignored for a pre-set amount of time.”
Re claim 10: The reader is part of the larger ‘merchant media arrangement’ – see figure 1 of Wakim et al.
Re claim 11:
See highlighted portions below.
“[0058] FIG. 3 shows a portable add-on media communications arrangement 300 adapted for implementation with fixed and mobile conventional advertising arrangements, such as a billboard or other advertisement arrangement on stationary display or in public transportation vehicles (e.g., busses, subways and trains). The media communications arrangement 300 is adapted for coupling with one or more of a plurality of types of media, such as advertising billboards, display screens, vending machines, advertising kiosks, ticketing machines, point-of-sale terminals and others.”
Re claim 12: A sequence of functions (for example sequential display of different ads) can occur.
Re claim 13: See discussion re claim 2, above.
Re claim 14: See discussion re claim 3, above.
Re claim 15: See discussion re claim 4, above.
Re claim 16: See discussion re claim 5, above.
Re claim 17: See discussion re claim 6, above.
Re claim 18: See discussion re claim 7, above.
Re claim 19: See discussion re claim 9, above.
Re claim 20: See discussion re claim 10, above.
Re claim 21: See discussion re claim 12, above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL A HESS whose telephone number is (571)272-2392. The examiner can normally be reached Monday through Friday, from 9 AM to 5 PM.
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, Michael G. Lee can be reached at (571)272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL A HESS/Primary Examiner, Art Unit 2876
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