GROUPON, INC.

Patent Trials and Appeals Board

Oct 19, 2021

2021003678 (P.T.A.B. Oct. 19, 2021)

UNITED STATES PATENT AND TRADEMARK OFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
13/786,828 03/06/2013 J. Gray Sandridge 058407/426962 4055
826 7590 10/19/2021
ALSTON & BIRD LLP
ONE SOUTH AT THE PLAZA
101 SOUTH TRYON STREET
SUITE 4000
CHARLOTTE, NC 28280-4000
EXAMINER
MPAMUGO, CHINYERE
ART UNIT PAPER NUMBER
3621
NOTIFICATION DATE DELIVERY MODE
10/19/2021 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):
usptomail@alston.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte J. GRAY SANDRIDGE and CURTIS LEE
____________

Appeal 2021-003678
Application 13/786,828
Technology Center 3600
____________

Before ANTON W. FETTING, TARA L. HUTCHINGS, and
MATTHEW S. MEYERS, Administrative Patent Judges.

HUTCHINGS, Administrative Patent Judge.

DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s
final rejection of claims 8–11, 13–15, 17–20, and 22. Appellant appeared
for oral hearing on October 8, 2021. The record includes a transcript of the
oral hearing. We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.

1 We use the term “Appellant” to refer to “applicant” as defined in 37 C.F.R.
§ 1.42. Appellant identifies Groupon, Inc., as the real party in interest.
Appeal Br. 2.
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Application 13/786,828

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CLAIMED INVENTION
Claims 8 and 17 are the independent claims on appeal. Claim 8,
reproduced below, is illustrative of the claimed subject matter:
8. A method for transferring promotions comprising:
generating a post to a social media service using a
processor, the post viewable by a first selecting device and one
or more other selecting devices, the post associated with one or
more promotions offered by a promotion and marketing service
different from the social media service, the one or more
promotions having been previously claimed but not yet
redeemed,
wherein the post comprises an interface control,
wherein the interface control is configured such that,
(i) when first selected, an interface configured to enable
the selecting device and the one or more other selecting devices
to display first additional information associated with the one or
more promotions and a link is provided, wherein the link is
configured such that, when selected, a non-redemptive transfer
of at least one of the promotions to a promotion and marketing
service user account is initiated, each of the one or more
promotions comprising at least an electronic voucher or code that
is redeemable in exchange for a product or service, and
(ii) when subsequently selected after the link configured
such that, when selected, the non-redemptive transfer of the at
least one of the promotions is initiated, an interface configured
to enable the selecting device and the one or more other selecting
devices to display second additional information is provided;
providing the post to a plurality of social media user
accounts;
receiving one or more first selections, of the interface
control of the post, from each of a plurality of selecting devices,
the plurality of selecting devices being a portion of the selecting
device and the one or more other selecting devices;
providing the interface configured to enable the selecting
device to display the first additional information associated with
the one or more promotions and the link;
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Application 13/786,828

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receiving at least one promotion reassignment trigger
subsequent to a selection of the interface control, wherein the
promotion reassignment trigger is the selection of the link
configured such that, when selected, the non-redemptive transfer
of the at least one of the promotions is initiated, wherein the
selection of the link is associated with at least one of the social
media user accounts;
subsequent to receiving the at least one promotion
reassignment trigger, modifying the interface control such that,
upon selection by the selecting device or any of the one or more
other selecting devices, the first additional information is no
longer displayed, and instead, upon selection by the selecting
device or any of the one or more other selecting devices, second
additional information is displayed, and modifying both
displayed content and function of the link such that, when
selected by the selecting device or any of the one or more other
selecting devices, the selecting device is configured to display
information indicating that the non-redemptive transfer is no
longer available and prevent the non-redemptive transfer of the
at least one of the promotions to any other promotion and
marketing service user accounts associated with the plurality of
social media user accounts;
determining a promotion and marketing service user
account associated with the at least one of the social media user
accounts that selected the interface control; and
in response to receiving the promotion reassignment
trigger, causing the non-redemptive transfer of the electronic
voucher or code to the determined promotion and marketing
service user account.

Appeal Br. 15–17 (Claims Appendix).

REJECTION
Claims 8–11, 13–15, 17–20, and 22 are rejected under 35 U.S.C.
§ 103(a) as unpatentable over Johnson (US 2013/0246138 A1, pub. Sept. 19,
2013), and Chow (US 2009/0259535 A1, pub. Oct. 15, 2009).
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ANALYSIS
We are persuaded by Appellant’s arguments that the Examiner erred
in rejecting independent claims 8 and 17 under 35 U.S.C. § 103(a) because
Chow does not teach or suggest at least
subsequent to receiving the at least one promotion
reassignment trigger, modifying the interface control such that,
upon selection by the selecting device or any of the one or more
other selecting devices, the first additional information is no
longer displayed, and instead, upon selection by the selecting
device or any of the one or more other selecting devices, second
additional information is displayed, and modifying both
displayed content and function of the link such that, when
selected by the selecting device or any of the one or more other
selecting devices, the selecting device is configured to display
information indicating that the non-redemptive transfer is no
longer available and prevent the non-redemptive transfer of the
at least one of the promotions to any other promotion and
marketing service user accounts associated with the plurality of
social media user accounts[,]
as recited in claim 8, and similarly recited in claim 17. See Appeal Br. 10–
13; see also Reply Br. 2–4.
In rejecting claims 8 and 17 under 35 U.S.C. § 103(a), the Examiner
acknowledges that Johnson does not teach the argued limitation, and relies
on Chow. Final Act. 5–6 (citing Chow ¶¶ 22, 27, Figs. 3, 5). Chow
discloses an online coupon clipping interface. Chow ¶ 14, Figs. 1–4.
Coupon clipping interface 100 is displayed in a web browser and includes at
least one online coupon 130 with two associated buttons: Print Now button
136 and Clip Coupon button 138. Id. ¶ 14, Fig. 1. Selecting Print Now
button 136 allows online coupon 130 to be printed as a physical coupon.
Id. ¶ 18, Fig. 1. Selecting Clip Coupon button 138 results in clipping online
coupon 130 for “Kraft” and adding it to a list of clipped coupons.
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Id. ¶¶ 14–16; see also id. ¶ 25, Fig. 3. Once clipped, Remove Coupon
button 332 replaces the Print Now and Clip Coupon buttons for the clipped
coupon for “Kraft” on the online coupon clipping interface. Id. ¶ 25, Fig. 3.
Selecting Remove Coupon button 332 on the clipped coupon for “Kraft,”
would remove the clipped coupon from the list of coupons associated with
the user. Id.
Clipped coupon summary 104 includes a coupon count 108 that tallies
the number of coupons cut by the user. Id. ¶ 16, Fig. 1. As shown in
Figures 1 and 2, the coupon count begins at zero. Id. ¶ 16, Figs. 1, 2.
However, after clipping an online coupon for “Kraft” the coupon count
increases to one coupon. See id. ¶¶ 16, 25, Fig. 3. The clipped coupon
summary also includes a View Clipped Coupons button 310, which allows a
user to open clipped coupon interface 500 to display the clipped coupons.
Id. ¶ 27, Figs. 3, 5. Clipped coupon interface 500 includes Remove All
Clipped Coupons 518, which causes all of the clipped coupons to be
removed from the user’s list of clipped coupons. Id. ¶ 27. Because the list
of clipped coupons is associated with the user of the web browser, the list
contains different coupons for each user. Id. ¶ 16.
Appellant argues that Chow’s coupon clipping interface is user-
specific, such that one user’s view of clipped coupons has no bearing on
another user’s view or functionality. Appeal Br. 12. As such, Appellant
argues that Chow does not teach or suggest the argued limitation, which
requires modifying the interface control subsequent to receiving a promotion
reassignment trigger such that when selected by the selecting device, the
selecting device is configured to display information indicating that the non-
redemptive transfer is no longer available and the function of the link
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displayed content to indicate that non-redemptive transfer is no longer
available and the function of the link to prevent the non-redemptive transfer
of at least one of the promotion to any other promotion and marketing
service user accounts associated with the plurality of social media user
accounts, as required by the argued limitation. Id. at 12–13.
The Examiner responds that the “coupon link function (function of the
link) is modified because the coupons cannot be transferred to or used by
another user once the coupon is removed.” Ans. 4. The Examiner then
concludes, “[t]hus, the removal of coupons in Chow does have a bearing to
another’s [sic] user’s functionality and is not user-specific.” Id. Yet, the
Examiner’s finding that Chow’s clipped coupons cannot be transferred to or
used by another user once removed does not teach or suggest the argued
limitation, at least because Chow’s coupon clipping interface and clipped
coupon interface are never used to transfer coupons to another user. As
such, Chow does not teach or suggest performing any functions “subsequent
to receiving the at least one promotion reassignment trigger,” much less the
functions recited by the argued limitations of claims 8 and 17.
Therefore, we do not sustain the rejection under 35 U.S.C. § 103(a) of
independent claims 8 and 17 and their dependent claims.

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Application 13/786,828

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CONCLUSION
In summary:
Claims
Rejected
35 U.S.C.
§
References/Basis Affirmed Reversed
8–11, 13–
15, 17–20,
22
103(a) Johnson, Chow 8–11, 13–
15, 17–
20, 22

REVERSED