DETAILED ACTION
Status of Claims
0. This is a Non-Final office action in response to communication received on January 30, 2026. Claims 1-20 are pending and examined herein.
Claim Interpretation
1. The Examiner notes that claims 1, 2, 3, 7, 11, 15, 19, and 20 are a method claim. They recite “when” which is a contingent limitation in a method claim. However, note per MPEP 2111.04 See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of contingent claim limitations in the context of method claims, particularly note "When analyzing the claimed method as a whole, the PTAB determined that giving the claim its broadest reasonable interpretation, "[i]if the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed" (quotation omitted). Schulhauser at 10." The Applicant is requested to claim the limitations as positively occurring.
Priority
2. Figures (Figs.) in instant application, namely 8D, 9B, 10A-H, are not in provisional application 63/603703 filed 11/29/2023. Thus claims as supported by at least Figs. 8D and 9B, and their associated disclosure are not entitled to priority benefit of 11/29/2023. Furthermore, in instant application, namely Figs. 10A-10H, are in provisional application 63/618515 filed 01/08/2024, as such, the claimed subject matter supported by Figs. 10A-10H and their associated disclosure will get priority benefit of 01/08/2024. Figs. 11A - 14B and their associated disclosure is only present in instant application 19464749 accordingly they are not entitled to the priority benefit of the earlier filed applications.
Claim Rejections - 35 USC § 101
3. 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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Next using the 2019 Revised Patent Subject Matter Eligibility Guidances (hereinafter 2019 PEG) the rejection as follows has been applied.
Under step 1, analysis is based on MPEP 2106.03, claims 1-7, 8-14, and 15-20 are a method. Thus, each claim 1-20, on its face, is directed to one of the statutory categories (i.e., useful process, machine, manufacture, or composition of matter) of 35 U.S.C. §101.
Under Step 2A Prong One, per MPEP 2106.04, prong one asks does the claim recite an abstract idea, law of nature, or natural phenomenon? In Prong One examiners evaluate whether the claim recites a judicial exception, i.e. whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. While the terms "set forth" and "described" are thus both equated with "recite", their different language is intended to indicate that there are two ways in which an exception can be recited in a claim. For instance, the claims in Diehr, 450 U.S. at 178 n. 2, 179 n.5, 191-92, 209 USPQ at 4-5 (1981), clearly stated a mathematical equation in the repetitively calculating step, and the claims in Mayo, 566 U.S. 66, 75-77, 101 USPQ2d 1961, 1967-68 (2012), clearly stated laws of nature in the wherein clause, such that the claims "set forth" an identifiable judicial exception. Alternatively, the claims in Alice Corp., 573 U.S. at 218, 110 USPQ2d at 1982, described the concept of intermediated settlement without ever explicitly using the words "intermediated" or "settlement."
Next, per 2019 PEG, to determine whether a claim recites an abstract idea in Prong One, examiners are now to: (I) Identify the specific limitation(s) in the claim under examination (individually or in combination) that the examiner believes recites an abstract idea; and (II) determine whether the identified limitation(s) falls within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 PEG. If the identified limitation(s) falls within the subject matter groupings of abstract ideas enumerated in Section I, analysis should proceed to Prong Two in order to evaluate whether the claim integrates the abstract idea into a practical application.
(I) An abstract idea as recited per abstract recitation of claims 1-20 [i.e. recitation with the exception of additional elements, which are first considered under step 2A prong two when claim(s) is/are reconsidered as a whole and exclusively under step 2B inquiries below, i.e. under step 2A prong one the Examiner considered claim recitation other than the additional elements (which once again are expressly noted below) to be the abstract recitation] (II) is that of associating a first product purchase with a first buyer in order to credit or attribute sale of subsequent purchases of the first product by a second, a third, etc. consumer(s) to the first buyer and provide a benefit or reward or referral award to the first buyer for assisting in propagating subsequent sales of the first product(s) which is certain methods of organizing human activity (but for its implementation in network based environment - which is considered further under prong two and step 2B analysis as set forth below).
The phrase "Certain methods of organizing human activity" applies to fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). Further, see MPEP 2106.04(a)(2) II. A-C.
Therefore, the identified limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of 2019 PEG, thus analysis now proceeds to Prong Two in order to evaluate whether the claim integrates the abstract idea into a practical application.
Under Step 2A Prong Two, per MPEP 2106.04, prong two asks does the claim recite additional elements that integrate the judicial exception into a practical application? In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. If the additional elements in the claim integrate the recited exception into a practical application of the exception, then the claim is not directed to the judicial exception (Step 2A: NO) and thus is eligible at Pathway B. This concludes the eligibility analysis. If, however, the additional elements do not integrate the exception into a practical application, then the claim is directed to the recited judicial exception (Step 2A: YES), and requires further analysis under Step 2B (where it may still be eligible if it amounts to an ‘‘inventive concept’’).
Next, per 2019 PEG, Prong Two represents a change from prior guidance. The analysis under Prong Two is the same for all claims reciting a judicial exception, whether the exception is an abstract idea, a law of nature, or a natural phenomenon. Examiners evaluate integration into a practical application by: (I) Identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (II) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application, using one or more of the considerations laid out by the Supreme Court and the Federal Circuit.
Accordingly, the examiner will evaluate whether the claims recite one or more additional element(s) that integrate the exception into a practical application of that exception by considering them both individually and as a whole.
The claim elements in addition to the abstract idea, i.e. additional elements, as recited in claims 1-20 at least are presenting via a vendor interface, physical object comprising at least one of a near field communication tag or a graphical code, interaction between a second buyer
device and the respective physical object, storing in database product associated with physical object (or scannable code) (per claims 1, 8, and claims 15), and plurality or group of products associated with scannable physical object and automatically providing referral reward benefits to the first user when second user makes a purchase using first user’s unique referral code (additionally per claim 8), preview simulation (claim 7), physical object for the respective unit comprises one of a radio frequency computer chip or a graphical code, and wherein export data comprises programming or printing instructions for the radio frequency computer chip or for a rendered version of the graphical code (per claim 10), displaying scannable object/code one or more of an application, a social media platform, a first buyer account in a benefit management application, or a website (per claim 17), digital/electronic checkout (per claims 13, 18), and a link generator that allows a vendor-organization to create multiple distinct shareable digital objects for a same product, each corresponding to a different campaign or marketing channel (per claim 20).
As would be readily apparent to a person having ordinary skill in the art (hereinafter PHOSITA), the additional elements are generic computer components. The additional elements are simply utilized as generic tools to implement the abstract idea or plan as "apply it" instructions (see MPEP 2106.05(f)). The additional elements are generic as they are described at a high level of generality, see at least as-filed Figs. 1, 11, and their associated disclosure. The processor executing the "apply it" instruction is further connected to one or more device(s) merely sending/receiving data over a network, note receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014). Gathered/received/captured/scanned data is considered insignificant extra solution activity (see MPEP 2106.05(g)). Further, the processor analyzes scanned/captured/received/transmitted data by a second user from a code on physical object to ascertain whether a benefit to the first user is applicable by looking up the scanned data in a database to check whether the scanned product is associated with the first user or not. Thus, the process is similar to collecting information, analyzing it, and displaying certain results of the collection and analysis (Electric Power Group) - certain result here is a referral or marketing benefit based on information about the first user linked with scanned product (Int. Ventures v. Cap One Bank ‘382 patent). The abstract idea is intended to be merely carried out in a technical environment such as collecting data via a network and analyzing data via a generic processor to incentivize propagation of product, however, fail to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (see MPEP 2106.05(h)).
Accordingly, viewed as a whole, these additional claim element(s) do not provide any additional element that integrates the abstract idea (prong one), into a practical application (prong two) upon considering the additional elements both individually and as a combination or as a whole as they fail to provide: an additional element that reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field; or an additional element that implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim; or an additional element that effects a transformation or reduction of a particular article to a different state or thing; or an additional element that applies or uses the judicial exception, again, in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception as explained above.
Thus, the abstract idea of associating a first product purchase with a first buyer in order to credit or attribute sale of subsequent purchases of the first product by a second, a third, etc. consumer(s) to the first buyer and provide a benefit or reward or referral award to the first buyer for assisting in propagating subsequent sales of the first products which is certain methods of organizing human activity (prong one) is not integrated into a practical application upon consideration of the additional element(s) both individually and as a combination (prong two).
Therefore, under step 2A, the claims are directed to the abstract idea, and require further analysis under Step 2B.
Under step 2B, per MPEP 2106.05, as it applies to claims 1-20, the Examiner will evaluate whether the foregoing additional elements analyzed under prong two, when considered both individually and as a whole provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). The abstract idea of associating a first product purchase with a first buyer in order to credit or attribute sale of subsequent purchases of the first product by a second, a third, etc. consumer(s) to the first buyer and provide a benefit or reward or referral award to the first buyer for assisting in propagating subsequent sales of the first products which is certain methods of organizing human activity - has not been applied in an eligible manner. The claim elements in addition to the abstract idea are simply being utilized as generic tools to execute "apply it" instructions as they are described at a high level of generality. Additionally, the abstract idea is intended to be merely carried out in a technical environment, however, fail to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (Id. or note step 2A prong two).
Regarding, insignificant solution activity such as data gathering or post solution activity such as displaying on interface, the Examiner relies on court cases and publications that demonstrate that such a way to gather data and display information is indeed well-understood, routine, or conventional in the industry or art, at least note as follows:
(i) receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network) [similarly here user's data associated with a product for sale is received and based on analysis benefit is provided];
(ii) (a) electronically scanning or extracting data from a physical document, Content Extraction and Transmission, LLC v. Wells Fargo Bank, 776 F.3d 1343, 1348, 113 USPQ2d 1354, 1358 (Fed. Cir. 2014), (b) Berkheimer v. HP, Inc., 881 F.3d 1360, 125 USPQ2d 1649 (Fed. Cir. 2018), in which the patentee claimed methods for parsing and evaluating data using a computer processing system. The Federal Circuit determined that these claims were directed to mental processes of parsing and comparing data, because the steps were recited at a high level of generality and merely used computers as a tool to perform the processes. 881 F.3d at 1366, 125 USPQ2d at 1652-53, (b) Pub. No.: US 20140351030 see [0014] note "an exemplary promotional-campaign network 100 including a consumer device (e.g., a mobile device) 102 linked to other systems via a network 104 that supports wired, wireless, or any two-way communication (e.g., a cellular telephone network, the Internet, or any wide-area network or combination of networks capable of supporting point-to-point data transfer and communication). The network 104 connects various devices, including a campaign processor 106, one or more merchant systems 108, and one or more servers hosting social media applications 110 utilizing, again, wired, wireless, or any suitable form of two-way communication [...] In one embodiment, the merchant system 108 is a point-of-sale (POS) system that connects to a code reader or scanner (hereafter reader ) 112. The reader 112 may be mobile or physically associated with the merchant system 108 and may be capable of reading and/or decoding a promotional offer presented by a consumer on her mobile device 102, in the form of, for example, a barcode, a radio frequency identification (RFID) code, or a QR code, and/or receiving signals, such as NFC signals, acoustic signals, or infrared signals. The merchant system 108 is responsible for applying a discount to goods or services purchased by the consumer based on information provided therein"; (c) Patent No.: US 9792597 "For example, the computers may include magnetic card readers, RFID readers, near-field communication (NFC) readers/writers, etc. In some cases, computer terminals used by business entities and supported by the support services 102 may enable mobile payments, such by allowing a retail customer to use a smartphone or other mobile device to pay for a purchase"; (d) Hewett (Pub. No. 2013/0103537) notes in para. [0009] and [0020] "The item is then scanned with the mobile computing platform. The scan may be performed, for example, using a bar code or a QR code associated with the item or by scanning an active or passive RFID tag physically placed on the item, by utilizing some form of NFC communication, or any other means well known in the art." that wireless communication between two device via NFC and similar technology is indeed well-understood, routine, or conventional in the industry; and (e) Ortiz et al. (Pub. No.: US 2002/0042743) hereinafter Ortiz, notes in para. [0085] "An example of one type of PAN that may be utilized in accordance with preferred embodiments of the present invention is "Bluetooth," a telecommunications standard well-known in the wireless networking arts. "Bluetooth" is a telecommunications standard adopted by a consortium of wireless equipment manufacturers referred to as the Bluetooth Special Interest Group (BSIG). Bluetooth is generally a global standard for low cost wireless data and voice communications." that wireless communication using NFC such as Bluetooth and similar technology is indeed well-understood, routine, or conventional industry established standard." [similarly here user's data associated with a product for sale is printed as graphical object which when scanned by a second user purchasing said product and based on analysis of whether first user is linked with the first product, benefit is provided to the first and/o second users]; and
(iii) (a)Affinity v DirecTV - "The court rejected the argument that the computer components recited in the claims constituted an “inventive concept.” It held that the claims added “only generic computer components such as an ‘interface,’ ‘network,’ and ‘database,’” and that “recitation of generic computer limitations does not make an otherwise ineligible claim patent-eligible.” Id. at 1324-25 (citations omitted). The court noted that nothing in the asserted claims purported to improve the functioning of the computer itself or “effect an improvement in any other technology or technical field.” Mortgage Grader, 811 F.3d at 1325 (quoting Alice, 134 S. Ct. at 2359)."; (b) Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93; and (c) collecting and analyzing information to detect misuse and notifying a user when misuse is detected (FairWarning) [similarly here vendor interface is utilized to present content and configure a referral marketing campaign].
Therefore the claims here fail to contain any additional element(s) or combination of additional elements that can be considered as significantly more and the claims are rejected under 35 U.S.C. 101 for lacking eligible subject matter.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless—
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, and 8-19 are rejected under 35U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being clearly anticipated by Vorotyntsev et al. (Pub. No.: US 2014/0195316) referred to hereinafter as Vorotyntsev.
As per claim 1, Vorotyntsev teaches a method comprising:
(a) presenting, via a vendor interface, a product-management view (see [0014]; [0056]; [0094]-[0096]; [0099]);
(b) receiving, through the product-management view, one or more of: product data for a product offered for sale (see [0058]; [0060]; [0096]; [0099]);
(c) configuration input associated with a respective physical object to be configured with or on units of the product, the respective physical object comprising at least one of a near field communication tag or a graphical code (see [0060]-[0062]; [0069]-[0079]; [0094]-[0096]; [0099]; [0138]-[0139]); and
(d) a benefit rule specifying a benefit to be provided to a first buyer of the product when a second buyer purchases a second product based on interaction between a second buyer device and the respective physical object (see [0081]-[0084]; [0093]; also see [0124]-[0131] which through two examples explain how one can configure the benefits); and
(e) storing, in a database of a purchasing service, configuration records associating the product, the respective physical object, and the benefit rule, wherein when the second buyer device interacts with the respective physical object and the second buyer purchases the second product, the purchasing service provides the benefit to the first buyer (see [0034] note " “ELink’ acronym that stands for “electronic link', which may manifest as […], printed code (bar code, QR code, or any other code). ELinks look like a short obfuscated code (e.g. “x6Z23a). ELinks are defined in more detail below"; [0044] note "Coupled to processing servers 24 are at least Some user databases 26 for containing various stored user data including login data, account data, transaction records etc. . . . for each of users 10 of system 20. Additionally, system 20 maintains elink databases 28 for Supporting processing servers 24 in the management and storage of the various elinks and the relationships and related stored incentives as described in more detail below."; [0104]-[0105]; [0136]; [0139] note "along with the store purchase, a first tier ELink 102 is created for the buyer (the root ELink 100 is embedded or attached to the product for the initial sale)"; [0143]; also see [0124]-[0131] which through two examples explain how one can configure the benefits).
As per claim 3, Vorotyntsev teaches the claim limitations of claim 1. Vorotyntsev teaches further comprising: receiving, via the vendor interface, configuration input specifying that, at a point-of-sale for the product, the respective physical object showing the graphical code is to be printed or provisioned; and storing workflow parameters in association with the product to cause the respective physical object to be generated or provisioned when the product is purchased (see [0034]; [0114]-[0121]; also see [0124]-[0131] which through two examples explain how one can configure referral benefits to be provided via physical and online purchases).
As per claim 4, Vorotyntsev teaches the claim limitations of claim 1. Vorotyntsev teaches further comprising: receiving, via the vendor interface, selections of sharing channels through which the respective physical object or an image thereof may be presented to second buyers, the sharing channels comprising at least one of: printing the graphical code on the product or its packaging, displaying the graphical code on a first buyer device, embedding the graphical code in a communication from the first buyer device, or embedding the graphical code in a social-media posting of the first buyer, and storing the selections as channel configuration data for the product (see [0034]; [0114]-[0121]; [0066]-[0069]).
As per claim 8. Vorotyntsev teaches a method comprising:
(a) presenting, via a vendor interface, a batch-configuration view for configuring a group of products (see [0014]; [0056]; [0094]-[0096]; [0099]; [0103]; [0139]);
(b) receiving, via the batch-configuration view, input associated with the group of products, wherein a respective unit in the group of products is to be made with a respective physical object that is unique to the respective unit and configured with or on the respective unit (see [0034] note " “ELink’ acronym that stands for “electronic link', which may manifest as […], printed code (bar code, QR code, or any other code). ELinks look like a short obfuscated code (e.g. “x6Z23a). ELinks are defined in more detail below"; [0044] note "Coupled to processing servers 24 are at least Some user databases 26 for containing various stored user data including login data, account data, transaction records etc. . . . for each of users 10 of system 20. Additionally, system 20 maintains elink databases 28 for Supporting processing servers 24 in the management and storage of the various elinks and the relationships and related stored incentives as described in more detail below."; [0104]-[0105]; [0139] note "along with the store purchase, a first tier ELink 102 is created for the buyer (the root ELink 100 is embedded or attached to the product for the initial sale)"; [0103]; [0139]; [0143]);
(c) storing, in a database, records associating the respective unit with the respective physical object (see [0034] note " “ELink’ acronym that stands for “electronic link', which may manifest as […], printed code (bar code, QR code, or any other code). ELinks look like a short obfuscated code (e.g. “x6Z23a). ELinks are defined in more detail below"; [0044] note "Coupled to processing servers 24 are at least Some user databases 26 for containing various stored user data including login data, account data, transaction records etc. . . . for each of users 10 of system 20. Additionally, system 20 maintains elink databases 28 for Supporting processing servers 24 in the management and storage of the various elinks and the relationships and related stored incentives as described in more detail below."; [0104]-[0105]; [0136]; [0139] note "along with the store purchase, a first tier ELink 102 is created for the buyer (the root ELink 100 is embedded or attached to the product for the initial sale)"; [0143]; also see [0124]-[0131] which through two examples explain how one can configure the benefits); and
(d) based on the records, enabling an implementation via a purchasing system of operations comprising: identifying a first buyer and the respective physical object and storing data in a database associating the first buyer and the respective physical object (see [0034]; [0044]; [0081]-[0084]; [0093]; also see [0124]-[0131] which through two examples explain how one can configure the benefits);
(e) receiving data based on an interaction with the respective physical object by a second buyer device associated with a second buyer (see [0034]; [0069]; [0081]-[0084]; [0093]; also see [0124]-[0131] which through two examples explain how one can configure the benefits);
(f) accessing, based on the interaction with the respective physical object from the second buyer device, the records to identify the respective unit and the first buyer (see [0034]; [0069]; [0081]-[0084]; [0093]; also see [0124]-[0131] which through two examples explain how one can configure the benefits);
(g) processing a sale of a second product associated with the respective unit to the second buyer (see [0034]; [0069]; [0081]-[0084]; [0093]; also see [0124]-[0131] which through two examples explain how one can configure the benefits); and
(h) automatically providing a benefit to the first buyer based on the sale of the second product (see [0081]-[0084]; [0105]).
As per claim 9, Vorotyntsev teaches the claim limitations of claim 8. Vorotyntsev teaches further comprising: receiving, via the vendor interface, configuration input specifying that when the respective unit is purchased, a first buyer is to be identified and an association between the first buyer and a respective physical-object identifier for that unit is to be stored in the database, and storing rule data indicating that subsequent interactions by a second buyer device with the respective physical object will cause identification of the first buyer (see [0044]; [0069]-[0081]).
As per claim 10, Vorotyntsev teaches the claim limitations of claim 8. Vorotyntsev teaches wherein the respective physical object for the respective unit comprises one of a radio frequency computer chip or a graphical code, and wherein export data comprises programming or printing instructions for the radio frequency computer chip or for a rendered version of the graphical code (see [0034]; [0114]-[0121]; also see [0124]-[0131] which through two examples explain how one can configure referral benefits to be provided via physical and online purchases).
As per claim 11, Vorotyntsev teaches the claim limitations of claim 8. Vorotyntsev teaches further comprising: receiving, via the vendor interface, configuration data defining benefit parameters that specify at least one of money, a discount, a coupon, a gift, a registration, or access to a venue to be provided to a first buyer when a second-buyer purchase is attributed to the respective unit from the group of products, and storing the benefit parameters in association with the records (see [0082]-[0083]; [0148]-[0150]).
As per claim 12, Vorotyntsev teaches the claim limitations of claim 8. Vorotyntsev teaches further comprising: receiving, via the vendor interface, configuration data specifying that data from the respective physical object are to be obtained by scanning the respective physical object using the second buyer device; and storing protocol parameters indicating how a scan received from the second buyer device are to be interpreted to identify the respective unit (see [0034]; [0114]-[0121]; also see [0124]-[0131] which through two examples explain how one can configure referral benefits to be provided via physical and online purchases).
As per claim 13, Vorotyntsev teaches the claim limitations of claim 8. Vorotyntsev teaches further comprising: storing, in association with a plurality of unique physical-object identifiers, network-access information that enables the second buyer device, upon interacting with a respective physical object, to access a network-based purchasing service to enable purchase of the second product associated with the respective unit (see [0040]; [0081]; [0122]; [0125]-[0131]).
As per claim 14, Vorotyntsev teaches the claim limitations of claim 1. Vorotyntsev teaches further comprising: presenting, via the vendor interface, analytics summarizing, for the group of products, sales of second products and benefits provided to first buyers based on interactions with a plurality of unique physical objects, and receiving, via the vendor interface, updated configuration parameters for the group of products in response to the analytics (see Fig. 6 "406"; [0082]-[0083]; [0101]; [0120]; [0136]).
As per claim 15, Vorotyntsev teaches a method comprising:
(a) presenting, via a vendor interface, a product-management view (see [0014]; [0056]; [0094]-[0096]; [0099]; [0103]; [0139]);
(b) receiving, through the product-management view, one or more of: product data for a product offered for sale (see [0058]; [0060]; [0096]; [0099]);
(c) configuration input associated with a respective object to be configured in a manner associated with the product, the respective object comprising at least one of a near field communication tag, a graphical object for display on a user interface, or a graphical code (see [0034] note " “ELink’ acronym that stands for “electronic link', which may manifest as […], printed code (bar code, QR code, or any other code). ELinks look like a short obfuscated code (e.g. “x6Z23a). ELinks are defined in more detail below"; [0044] note "Coupled to processing servers 24 are at least Some user databases 26 for containing various stored user data including login data, account data, transaction records etc. . . . for each of users 10 of system 20. Additionally, system 20 maintains elink databases 28 for Supporting processing servers 24 in the management and storage of the various elinks and the relationships and related stored incentives as described in more detail below."; [0104]-[0105]; [0139] note "along with the store purchase, a first tier ELink 102 is created for the buyer (the root ELink 100 is embedded or attached to the product for the initial sale)"; [0103]; [0139]; [0143]); and
(d) a benefit rule specifying a benefit to be provided to a first buyer of the product when a second buyer purchases a second product based on interaction between a second buyer device and the respective object (see [0034] note " “ELink’ acronym that stands for “electronic link', which may manifest as […], printed code (bar code, QR code, or any other code). ELinks look like a short obfuscated code (e.g. “x6Z23a). ELinks are defined in more detail below"; [0044] note "Coupled to processing servers 24 are at least Some user databases 26 for containing various stored user data including login data, account data, transaction records etc. . . . for each of users 10 of system 20. Additionally, system 20 maintains elink databases 28 for Supporting processing servers 24 in the management and storage of the various elinks and the relationships and related stored incentives as described in more detail below."; [0104]-[0105]; [0136]; [0139] note "along with the store purchase, a first tier ELink 102 is created for the buyer (the root ELink 100 is embedded or attached to the product for the initial sale)"; [0143]; also see [0124]-[0131] which through two examples explain how one can configure the benefits); and
(e) storing, in a database of a purchasing service, configuration records associating the product, the respective object, and the benefit rule, wherein when the second buyer device interacts with the respective object and the second buyer purchases the second product, the purchasing service provides the benefit to the first buyer (see [0034]; [0044]; [0069]; [0081]-[0084]; [0093]; also see [0124]-[0131] which through two examples explain how one can configure the benefits).
As per claim 16, Vorotyntsev teaches the claim limitations of claim 15. Vorotyntsev teaches wherein the respective object comprises the respective object configured on or with the product see [0060]-[0062]; [0069]-[0079]; [0094]-[0096]; [0099]; [0138]-[0139].
As per claim 17, Vorotyntsev teaches the claim limitations of claim 15. Vorotyntsev teaches wherein the respective object comprises the graphical object displayed on one or more of an application, a social media platform, a first buyer account in a benefit management application, or a website (see [0066]; [0069]; [0120]).
As per claim 18, Vorotyntsev teaches the claim limitations of claim 15. Vorotyntsev teaches wherein the vendor interface further receives configuration input specifying whether a second buyer who activates a shareable digital object is to complete a purchase through a checkout flow hosted within a social-media platform or through a checkout flow hosted by an external purchasing service, and stores routing rules reflecting the configuration input (see [0103]-[0104]; [0122]; [0124]).
As per claim 19, Vorotyntsev teaches the claim limitations of claim 15. Vorotyntsev teaches further comprising enabling a vendor-organization, via the vendor interface, to define eligibility parameters controlling when first buyers become permitted to embed a shareable digital object in their own social-media postings, the eligibility parameters comprising at least one of a minimum number of purchases of the product, a registration status of the first buyer with the purchasing service, or an opt-in indication by the first buyer (see [0011]; [0067]; [0077]-[0078]; [0099]; [0106]-[0107]; [0120]; [0149]).
Claim Rejections - 35 USC § 103
5. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103(a) as being unpatentable over Vorotyntsev in view of and Kang et al. (Pub. No.: US2023/0401595) referred to hereinafter as Kang.
As per claim 2, Vorotyntsev teaches the claim limitations of claim 1. Vorotyntsev teaches further comprising: presenting, via the vendor interface, an option to enable recording on […] data confirming an association between the product and the first buyer, and receiving vendor input selecting the option such that the configuration records specify that […] recording is to occur when the product is purchased (see [0034]; [0044]; [0069]).
Vorotyntsev expressly does not teach […] a blockchain network of […] blockchain […].
Kang teaches […] a blockchain network of […] blockchain […] (see [0002]; [0012]-[0014]; [0017]; [0019]-[0025]).
Therefore it would be obvious to a PHOSITA before the effective filling date of the invention to modify Vorotyntsev in view of Kang’s teachings with motivation to implement referral tracking on blockchain such that the user(s) that promotes certain product(s) can be credited with driving the sale of one or more product(s), see at least Kang [0002] and [0012].
6. Claim 5, 7 are rejected under 35 U.S.C. 103(a) as being unpatentable over Vorotyntsev in view of and Calloway et al. (Patent No.: US7,865,394) referred to hereinafter as Calloway.
As per claim 5, Vorotyntsev teaches the claim limitations of claim 4. Vorotyntsev teaches wherein the communication from the first buyer device comprises at least one of a text message, a voicemail, or an email […] (see [0066]; [0069]),
Vorotyntsev expressly does not teach […] and wherein the vendor interface further receives template content or formatting parameters for such communications and stores the template content in association with the channel configuration data.
Calloway teaches […] and wherein the vendor interface further receives template content or formatting parameters for such communications and stores the template content in association with the channel configuration data (see col 12 lines 7-32; col 13 line 60 - col 14 line 14).
Therefore it would be obvious to a PHOSITA before the effective filling date of the invention to modify Vorotyntsev in view of Calloway’s teachings with motivation to not only share ad content that lead to purchases but allow self-service option for client such as vendors to select template whose parameters vary based on the template and assign variable prior to sharing, see at least Calloway such that content is shared in a recipient compatible manner and to gather interaction statistics, see at least Calloway col 12 lines 29-32.
As per claim 7, Vorotyntsev teaches the claim limitations of claim 1. Vorotyntsev teaches further comprising: presenting, within the vendor interface, […] a purchasing interface to be shown on a second buyer device when the second buyer device interacts with the respective physical object, and applying, […], the benefit rule associated with the product as configured by a vendor-organization.
Vorotyntsev expressly does not teach […] a preview flow that simulates […] within the preview flow […].
Calloway teaches […] a preview flow that simulates […] within the preview flow […] (see col 13 line 60 - col 14 line 14; col 30 line 61 - col 31 line 5; col 33 lines 51-56).
Therefore it would be obvious to a PHOSITA before the effective filling date of the invention to modify Vorotyntsev in view of Calloway’s teachings with motivation to incorporate testing or simulating the content or features that are made available to another, see at least Calloway col 12 lines 29-32, as a means to edit or perform quality check on whether what is being is shared appears or performs correctly.
7. Claim 6 is rejected under 35 U.S.C. 103(a) as being unpatentable over Vorotyntsev in view of Cohn (Pub. No.: US2016/0328639).
As per claim 6, Vorotyntsev teaches the claim limitations of claim 1. Vorotyntsev teaches further comprising receiving, via the vendor interface, configuration settings that specify how the purchasing service is to interpret interactions between a second buyer device and the respective physical object, including at least optical scanning of the graphical code and reading of stored data from the […], and storing the configuration settings so that the purchasing service can map received interactions to identification of the product (see [0069]; [0081]-[0084]; [0091]-[0093]).
Vorotyntsev expressly does not teach […] near field communication tag […]
Cohn teaches […] near field communication tag […] (see [0149] note "public tag 1602 may be waterproof and woven into the fabric. The customer may then tap public tag 1602 with their NFC enabled phone tag reader 1603. Tapping this public tag 1602 with phone 1603 may cause a launched app to send the tag 1602 ID and user ID to server 1607. A server 1607 may reply to phone 1603 with a coupon whose barcode 1604 may be displayed on the phone's screen. The cashier may scan barcode 1604 using barcode scanner 1605 connected to POS 1606. Barcode 1604 may be unique and tied to the tag's 1602 ID, user ID, and short-term session, perhaps lasting one hour. POS 1606 transmits barcode 1604 back to server 1607 and the product purchase loop is closed and owner verified. Tag 1602 may become a private tag locked to the owner of the product. The above non-limiting example may thwart malicious customers who may steal a private tag such as, without limitation, private tag 1503 in envelope 1502. In some alternate embodiments, if POS 1606 is NFC enabled barcode scanner may not be needed and the customer may tap POS 1606 with their phone 1603 to complete the purchase and verification."; [0150]-[0152]; [0153] note “FIG. 20 and FIG. 21 illustrate an exemplary method for tapping a tag for a product, in accordance with an embodiment of the present invention. In a step 2000 a user taps a private tag a NFC enabled device such as, without limitation, a smartphone, tablet, etc. Tags may be programmed with industry standard NFC Data Exchange Format (NDEF) record(s) that may tell the smartphone operating system (OS) which application may be installed or launched when tapped in a step 2001. If the desired app to handle the tag is not installed in a step 2002, the smartphone OS will attempt to install it automatically with user permission and then launch the app. If the app is already installed in a step 2003, it will be launched to handle this tag type. A native app need not be installed and steps 2001 to 2003 may alternately launch a web app in the browser of user's device. The type of tag may be private to the manufacturer because of its unique package identifier within the NDEF record. The smartphone app may establish a connection and log the user in a step 2004 with a server. The user logs in and the app sends the server the tag ID and the user's ID such as, but not limited to, an email address, phone number, unique device ID or combination, etc. in a step 2005. The server may log the tap event in its database with the tap's timestamp, tag ID and other information. The server may check if this specific tag already has an assigned owner in a step 2006. In a step 2007, if owner(s) already exist for the private tag, the system still may accept additional owners and proceeds to a step 2010. If the product configuration no longer permits assigning this user as an owner, it may treat the tag as if it were a public tag in a step 2008 and offer the user benefits of such in a step 2009. In a step 2013 the server may send appropriate directives to the user's smartphone for a prospective product owner, perhaps in the form of content sections for display, including but not limited to product information, videos, recipe ideas, user manual, cross promotional and upsell products, solicitation for reorder subscription, quick poll, referral links, coupon and rebate offers, reviews, wish list, rewards and prizes. Otherwise, the system may assign the user as being the first or follow-on owners of the tag in a step 2010. In a step 2011 the user may be treated as an owner who tapped a private tag, and number of events may be triggered in a step 2012. The server may log the ownership detection with additional useful information such as, but not limited to, user id, tag id, timestamp, various sensor data, and GPS location if available. The server may check if someone referred this product to this customer in a step 2015 and close conversion loops in a step 2016 if that is the case. Closing a referral loop generally means that a referrer was successful at converting a referral into a buyer or newly acquired customer.”; [0154]).
Therefore it would be obvious to a PHOSITA before the effective filling date of the invention to modify Vorotyntsev’ s foregoing teachings in view of Cohn’s teachings with motivation to implement referral marketing and tracking by promoting a user’s product(s) via easily transmittable NFC tag encoded with referral tracking data, see at least Cohn [0149]-[0153].
8. Claim 20 is rejected under 35 U.S.C. 103(a) as being unpatentable over Vorotyntsev and Courtot (Pub. No.: US2018/0357656).
As per claim 20, Vorotyntsev teaches the claim limitations of claim 15. Vorotyntsev suggests, see, however Vorotyntsev expressly does not teach further comprising providing, via the vendor interface, a link generator that allows a vendor-organization to create multiple distinct shareable digital objects for a same product, each corresponding to a different campaign or marketing channel, and storing attribution data for associating second-buyer purchases with a corresponding campaign when the multiple distinct shareable digital objects are activated.
Courtot teaches further comprising providing, via the vendor interface, a link generator that allows a vendor-organization to create multiple distinct shareable digital objects for a same product, each corresponding to a different campaign or marketing channel, and storing attribution data for associating second-buyer purchases with a corresponding campaign when the multiple distinct shareable digital objects are activated (see Figs. 2, 4-5, 9-10, and their associated disclosure; [0072]-[0076]).
Therefore it would be obvious to a PHOSITA before the effective filling date of the invention to modify Vorotyntsev’ s foregoing teachings in view of Courtot’s teachings with motivation to implement referral marketing on multiple channels where the referee would be most receptive based on their preference, see at least Courtot [0072]-[0076].
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and all the references on PTO-892 Notice of Reference Cited should be duly noted by the Applicant as they can be subsequently used during prosecution, at least note the following:
- 2020/0242654
[0026] The profit sharing module 40 is connected to the merchandise transacting module 10. When the merchandise transacting module 10 detects that another potential consumer enters the transaction website through the purchase website and purchases the product item, the merchandise transacting module 10 transmits the identification code included in the purchase website to the profit sharing module 40. According to the identification code, the profit sharing module 40 rebates a cashback amount according to the identification code to the consumer linked to the identification code.
- US2014/0274318 see [0047] For example the initial purchase amount (such as $100.00) is initially stored in the wallet. The individual distributor who sold the game is typically compensated by receiving a commission on the sale. The game server is compensated by charging for the games or effectively being compensated based on the wagered amounts. The redemption of the value of the card preferably does not include this purchase amount that in the preferred embodiment must be used to play the particular game or games. Any winnings associated with game play may be redeemable. Should a player wish to redeem a card that has only been partially used with respect to the initial purchase amount, for example he still has $25.00 of the $100.00 available for game play the redemption preferably will not return the $25.00.
[0048] It is preferable that the initial value associated with the wallet is not redeemable, but other arrangements are possible or variations of this system can be used. For example perhaps it is possible to redeem a portion of the initial purchase amount at a later point in time. For example it may be acceptable to redeem a portion of the purchase amount that is retained in the wallet if it is decreased by 50% or more. The main point is the game provider wants to be compensated with respect to the initial sale of the card and any distribution fee or other fee he has provided to the distributor.
[0053] The dedicated scanning software installed on the user's computing device, such as a smartphone, leverages the computing device's native web camera functionality to scan a machine readable code such as QR code displayed on a game card.
- KR20190004588
"For example, the first buyer terminal 110 and the second buyer terminal 140 may generate a QR code or a barcode including the buyer's identification information when the buyer purchases the product at the seller's store. The seller terminal 120 can acquire the code information by scanning the QR code or the barcode generated by the first purchaser terminal 110 and the second purchaser terminal 140, respectively.
For example, the first purchaser can generate his or her own QR code or barcode at the time of installing or after installation of the reward marketing application for the purchaser by inputting personal information. At this time, the reward marketing server 130 receives the personal information of the first purchaser from the first purchaser terminal 110, and generates and transmits the code of the first purchaser to the first purchaser terminal 110. Alternatively, the first purchaser terminal 110 may generate a code according to personal information input, and then transmit the generated code to the reward marketing server 130.
For example, if the second buyer selects the posting of the first buyer among the various posts received through the second buyer terminal 140, the reward marketing server 130 generates the QR code or barcode of the second buyer, To the buyer terminal (140)."
- Pub. No.: US2023/0229288
[0371] The social post 360 can be saved locally on the computing device 300 and/or remotely by the computer system 240. For example, in response to receiving the selection 2700 of the save icon 378, the computing device 300 can transmit a request to the computer system 240 to save the social post 360 in association with the logged-in user and/or the computing device 300. In another example, the computing device 300 can maintain local data social posts that are saved in association with the user account. In such an example, saving the social post 360 can include the computing device 300 appending information for the post 360 (e.g., unique identifier for the post) to the local save post/product data. Confirmation that the post 360 has been successfully added to logged-in user's profile can be determined by the absence of an error in the adding/appending process and/or through polling the local data to verify the presence of the post 360.
[0559] The server system 4204 can receive this information and determine whether to allocate the purchase to the original creator of the post 4317. However, unlike the purchase described above with regard to FIG. 43A, the purchase in this instance is indirect with regard to the influencer—meaning that since the post 4317 was surfaced to the second user via one or more intermediaries (e.g., the first user), the purchase is not attributed to the influencer and the influencer does not receive a portion of the revenue from the purchase. For example, the server system 4204 can use the save identifier from the client computing device 4364 to obtain a unique identifier for the post (<content id> field) that was saved and a unique identifier for the user who saved it (first user). The server system 4204 can also use the unique identifier for the post to obtain an identifier for the original creator (<creator id> field), and can compare the identifier for the original creator (influencer), the user who saved the post (first user), and the user who purchased the product via the post save (second user) to determine whether the purchase was direct or indirect. The server system 4204 can determine that a product purchase is indirect when there are more than two unique user identifiers in the set of users in a chain from creation to product purchase, such as in this instance, which has three unique user identifiers (influencer, first user, and second user). However, in instances where there are two unique user identifiers in the chain, the server system 4204 can determine that the product purchase was directly attributable to the original user. In this instance, the sever system 4204 can determine that the product purchase was indirect and can log the product purchase as such (enter flag or data value to distinguish between direct and indirect attribution in the product purchase repository 4210).
[0033] As such, in all modes and operations of the system 10, each product or service, promoted by any influencer, is given a unique product identifier that can be associated with each such respective product or service on an ongoing basis for current and future tracking of influencers and their success or sales conversion rate of such products and services. In this fashion, each product or service, for which selling users will secure the services of an influencer to produce and communicate media, such as videos to social media, will have a specific product or service identifier in the system 10, which is associated with it. This product identifier can be associated with the influencers currently promoting it and doing so in the future. This allows the selling users to identify a specific individual influencer 14, by either the influencer name or identifier or by a product identifier, which has been associated with each respective influencer in the system.
[0034] With each influencer and each product and/or service all having unique identifiers, which are held in a relational database in electronic memory by the system 10, selling users who subscribe to the system 10 are provided access to the system 10 to secure the services of an influencer 16. The selling user can either identify a specific influencer they wish to use or, as noted herein, they can employ the system 10 to search for products or services to be sold by the advertiser and find the identity of influencers having an influencer identification which has been previously associated with the products and services being sold by the advertiser.
- Pub. No.: US2015/0083793
[0009] Drawing #4 shows the wrapper of the consumer product with the unique code printed on the inside of it. This code can come from the BrandScanned database or a marketer can choose to use their own unique code.
- Pub. No.: 2012/0280031
[0002] The present invention relates generally to two-dimensional quick response (QR) codes and more particularly a business method for using QR codes in connection with print advertising.
[0006] Recently, QR codes have become more prevalent in their use by marketing professionals by integrating them into both traditional and interactive campaigns. Media where QR codes have been deployed include, but are not limited to, billboard ads, marketing campaigns, in-store displays, event ticketing and tracking, trade-show management, business cards, print ads, contests, direct mail campaigns, websites, email marketing, and couponing. QR codes are of particular interest to marketers since the codes give them the ability to measure response rates with a high degree of precision. This allows for efficient and quantifiable ROI (return on investment) calculations to be used in ad expense justification and response rate measurement. For example, commercial printers offer QR code services that include creation of the QR code, printing onto direct mail pieces (or any other printed material) and back end tracking on the usage of each code. Through a proprietary system, some marketers also offer PURL's (Personalized URL's), which allow a business to create unique QR codes for each user that they are postal mailing a printed item. The tracking then can very specifically identify each individual consumer when they scan their specific code and take them to a personalized landing page that is tailored to their specific needs. This process offers an advantage to the advertiser allowing them to market down to the actual individual consumer level. The user experience is customized while tracking each user's one-to-one response at an extremely affordable price point.
- Patent No.: US12229622 see "The XR tags 108 can have contextual relevance or awareness in relation to the user, characteristics or events of the physical world and/or a certain time/time period. XR tags 108 can also have social relevance to the physical world and/or to the user accessing the XR platform. The XR platform may be configured to generate a representation of the physical environment associated with the physical world (e.g., a physical location, reality, real-world environment, etc.). The representation of the physical environment can include an image, a video, a live video, a recorded video, a video stream of the physical environment. In general, the representation of the physical environment can include any photorealistic production or reproduction of the physical environment. For example, the representation of the physical environment can be digitally rendered or in part or in whole digitally created, synthesized or illustrated. As disclosed herein, the XR tags 108 are interactable, which means they are depicted or rendered in the XR environment 100 to serve a function or purpose in the real-world. In some examples, such functions or purposes can be referred to as “claim actions” which can include, but are not limited to, coupons, rewards, tickets, avatars, information about a merchant, things, feedback to a service, etc. "
"In particular embodiments, one or more of the data stores 126 may store information (e.g., in the XR data 132) associated with one or more connections between one or more reward offers with one or more payment accounts. Each connection may indicate an association or assignment by the user 102(1) of a reward offer to the user's payment account. As described herein, XR tags can be associated with a variety of claim actions."
"PLACEMENT OF XR TAGS: In some embodiments, the placement component 142 can enable placement of the XR tags 108 at merchant locations and/or for customers in its ecosystem. In some embodiments, the placement may be specific to users, locations or even for specific use cases. To this end, the placement component 142 can access an internal knowledge and rule base 124, to determine whether a specific condition is met, satisfied, or the like to trigger the generation and/or placement of XR tags 108, as defined in the rule base 124 (e.g., in placement rules). For example, the XR platform can determine whether a user (e.g., a merchant, customer, etc.) has arrived at a certain location, e.g., where a customer is present, or even within a geofence of a location, when the XR platform places the XR tag 108. The XR tag 108 can also be placed at a specific time. More generally, the placement component 142 can place the XR tag 108 when a specific event happens. The placement component 142 can track the customer location vis-à-vis a merchant location, and dynamically offer XR tags 108 relevant to the customer, merchant, time of the day, occasion, and so on. In some implementations, techniques, such as geofencing, can be used to determine whether a certain condition is met. For example, if the user has crossed a boundary to enter another boundary. Accordingly, the placement component 142 can generate the XR tags 108 when that condition(s) is/are satisfied or otherwise met. In some example scenarios, the placement component 142 can automatically place and distribute the XR tags 108 to a select number of merchants or merchant locations. In some examples, XR tags 108 can be positioned in real environments, which can be associated with merchant brick-and-mortar stores or not. In some examples, XR tags 108 can be positioned in virtual environments, such as in association with merchant websites, virtual storefronts, or the like. In some implementations, the XR tag generation and/or placement rules can be manually applied to all merchants in the ecosystem of the XR platform. Alternatively, the XR tags 108 can be generated and/or placed for a specific set of merchants or customers, identified, e.g., based on commonalities and segmentations, such as item classification, customer classification, merchant classification described by, e.g., merchant category code (MCC), location, area of business, merchant preferences, and so on. In some examples, an XR tag 108 can be particular to a merchant, a group of merchants (e.g., offering the same products or services, having a similar geolocation, in the same MCC, etc.), a service provider, or the like. The automation as described herein can be implemented using machine learning, such as deep learning algorithms."
- Pub. No.: US2015/0120462 see [0161] In some embodiments, the server receives (S434) a user instruction from the first client device to purchase the first merchandise item. In response to receiving the user instruction, the server coordinates (S436) a payment transaction for the purchase of the first merchandise item using a payment account associated with the first user account. In some embodiments, in response to receiving the user instruction, the server determines (S438) that the first merchandise item and the first user account is associated with the second user account based on the second association. In response to the determining, the server registers a credit for a second user of the second user account for the sale of the first merchandise item to the first user.
- Pub. No.: US2015/0154624 Abstract "a system which uses a unique code, for example a QR code, on a physical product. The code is conveniently readable, for example by a smartphone or tablet, and connects the reader to a specific network address. Dynamically variable content is provided at the network address, which may be provided by the product vendor or manufacturer, by the purchaser, or by other parties. The content may vary depending upon which party is accessing the code"
- Pub. No.: US2011/0282722 see Abstract “Method and system for a referral system is provided. The method includes: (a) creating a vendor account for linking a vendor system with the referral system, the vendor system used for offering a vendor product and service; (b) establishing a referral rule based on which a user earns an amount from using the referral system; (c) establishing a threshold value based on which a user is permitted to redeem the amount earned by using the referral system; (d) creating a user account with the referral system that allows the user to electronically refer another entity to buy the vendor product and service; (e) sending an invitation to the another entity on behalf of the user, wherein the referral system sends the invite on the user's behalf with a review of the user's experience with vendor product and service.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIPEN M PATEL whose telephone number is (571)272-6519. The examiner can normally be reached Monday-Friday, 08:30-17:00 EST.
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 Ashraf can be reached on (571)270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/DIPEN M PATEL/Primary Examiner, Art Unit 3621
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