Ex Parte McClureDownload PDFPatent Trial and Appeal BoardMay 29, 201814625763 (P.T.A.B. May. 29, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/625,763 02/19/2015 27752 7590 05/31/2018 THE PROCTER & GAMBLE COMPANY Global IP Services Central Building, C9 One Procter and Gamble Plaza CINCINNATI, OH 45202 FIRST NAMED INVENTOR Guerin James McClure UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 12196C 1468 EXAMINER COLLINS, MICHAEL ART UNIT PAPER NUMBER 3651 NOTIFICATION DATE DELIVERY MODE 05/31/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): centraldocket.im @pg.com pair_pg@firsttofile.com mayer.jk@pg.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte GUERIN JAMES MCCLURE 1 Appeal2017-009104 Application 14/625,763 Technology Center 3600 Before STEFAN STAICOVICI, LEE L. STEPINA, and ARTHUR M. PESLAK, Administrative Patent Judges. STEPINA, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Guerin James McClure ("Appellant") appeals under 35 U.S.C. § 134(a) from the Examiner's decision rejecting claims 1-10. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 Appellant's Appeal Brief lists the real party in interest as The Procter & Gamble Company. Br. 1. Appeal2017-009104 Application 14/625,763 THE CLAIMED SUBJECT MATTER The claimed invention is directed to a method for fulfilling a product offer. Spec. 1 :32. Claim 1 is the sole independent claims and is reproduced below with emphasis added: 1. A method for fulfilling a product sample offer, the method comprising steps of: a. providing an automated product sample vending apparatus, the apparatus comprising: a telecommunications link and adapted to vend product samples upon command; b. using a telecommunications network to offer an individual a product sample in exchange for a specified action by the individual; c. providing a virtual location where the individual may complete the specified action; d. receiving via a telecommunications network, a communication from the individual; e. commanding the vending apparatus to vend one product sample; and f. vending one product sample. Br. 5 (Claims App.). REFERENCE RELIED ON BY THE EXAMINER Segal US 2010/0262282 Al Oct. 14, 2010 REJECTION Claims 1-10 are rejected under 35 U.S.C. §§ 102(a) and 102(e) as anticipated by Segal. OPINION Appellant argues that Segal does not disclose making an offer in exchange for an action as required by step b of claim 1 and that Segal 2 Appeal2017-009104 Application 14/625,763 describes using a machine, rather than a virtual location where the individual may complete the specified action, as required by step c. Br. 2-3. In response, the Examiner states that step b, "'to offer an individual a product sample in exchange for a specified action by the individual' is being construed as: requiring a user to register by creating a membership in order to obtain a product sample," and the Examiner contends that this is disclosed in paragraph 17 of Segal. Ans. 3. As to step c, "providing a virtual location where the individual may complete the specified action," the Examiner states that Segal' s disclosure in paragraph 71 that logical area 137, in remote operations center 130, "has web tools that allow users to manage their profiles and purchase products," is "a virtual location for logging-in/registering users, i.e. a specified action." Ans. 5. The Examiner has the better position here. The Specification discloses that "[p ]roduct sample offers may be made via email, text messages, print or electronically transmitted media (television, radio, the internet, etc.)." Spec. 4:4--5. The Examiner correctly finds that the system 100 of Segal makes an offer, i.e., executes "sales promotions, specials, campaigns and deals ... on the system," which includes a connection through the Internet 120, deploys messages to e-commerce portals, and has "web tools that allow users to manage their profiles and purchase products, items and services." Segal i-fi-167 and 71; Fig. 1; see also Ans. 3. The Examiner also correctly finds that the specified action in exchange for the offer is establishing a membership profile, because Segal "makes the membership registration process compulsory" in order to obtain the offered sample. 3 Appeal2017-009104 Application 14/625,763 Segal i-f 17; see also Ans. 3--4. Appellant does not apprise us of Examiner error as to step b. For step c, Figure 1 of Segal shows a vending machine 101 connected to a remote operation center 130 by Internet 120. Segal i-f 67; Fig. 1. The Examiner correctly finds that because logical area 137 of remote operations center 130 "has web tools that allow users to manage their profiles and purchase products, items and services" (Segal i-f 71, emphasis added), Segal provides a remote (virtual) location that the user can access and update (complete) their membership profile (the specified action). Ans. 5. Although we appreciate that Segal's logical area 137 may be accessed through one of Segal' s vending machines, claim 1 recites "providing a virtual location where the individual may complete the specified action," which is met by providing Segal's logical area 137 where the user can complete the registration. Appellant does not apprise us of Examiner error as to step c. For the reasons set forth above, we sustain the Examiner's rejection of claim 1. Appellant does not separately argue claims 2-10 (see Br. 2--4 ), and these claims fall with claim 1. DECISION We affirm the rejection of claims 1-10 as anticipated by Segal. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(l )(iv). 4 Appeal2017-009104 Application 14/625,763 AFFIRMED 5 Copy with citationCopy as parenthetical citation