000000100000
`
`(12)
`
`United States Patent
`Strubbeet al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 7,178,720 B1
`Feb. 20, 2007
`
`(54)
`
`METHODS, COMPUTER-READABLE
`MEDIA, AND COMPUTER PROGRAM
`PRODUCTFOR INTELLIGENT SELECTION
`OF ITEMS ENCODED ONTO PORTABLE
`MACHINE-PLAYABLE ENTERTAINMENT
`MEDIA
`
`(75)
`
`Inventors: Todd B. Strubbe, Omaha, NE (US);
`David C. Mussman, Omaha, NE (US);
`Rocco L. Adornato, Omaha, NE (US)
`
`(73)
`
`Assignee: West Corporation, Omaha, NE (US)
`
`CS)
`
`Notice:
`
`Subject to any disclaimer, the termof this
`patent
`is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21)
`
`Appl. No.: 10/954,688
`
`(22)
`
`Filed:
`
`Sep. 30, 2004
`
`(51)
`
`(52)
`
`(58)
`
`(56)
`
`Int. Cl.
`(2006.01)
`GO6F 17/00
`U.S. Ch. ceecccecccee. 235/375; 235/383; 235/385;
`725/25
`
`................... 725/4,
`Field of Classification Search.
`725/23, 25, 26; 235/376
`See application file for complete search history.
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`4,812,628 A
`4,845,658 A
`4,967,366 A
`5,010,485 A
`5,532,735 A
`§,535,130 A
`§,592,378 A
`5,679,940 A
`5,732,400 A
`5,838,314 A *
`§,870,721 A
`5,878,403 A
`5,890,137 A
`5,914,472 A
`
`3/1989 Boston
`FA1989 Gifford
`10/1990 Kaehler
`4/1991 Bigari
`7/1996 Blahut et al.
`7/1996 Long
`1/1997 Cameronetal.
`10/1997 Templeton
`3/1998 Mandler
`11/1998 Neel et al. v.20. 725/8
`2/1999 Norris
`3/1999 DeFrancesco
`3/1999 Koreeda
`6/1999 Foladare
`
`$,933,811 A
`5,940,809 A
`6,029,149 A
`6,055,513 A
`6,088,686 A
`6,135,349 A
`6,138,911 A
`6,199,762 Bl
`6,226,624 Bl
`6.314.089 Bl
`
`8/1999 Angles et al.
`8/1999 Musmanno
`2/2000 Dykstra
`4/2000 Katz
`7/2000 Walker
`10/2000 Zirkel
`10/2000 Fredregill
`3/2001 Hohle
`5/2001 Watson
`11/2001 Szlam
`
`(Continued)
`OTHER PUBLICATIONS
`
`CNN, Software To Limit Tracking Cell Phone Users, www.cnn.
`com, Jan. 19, 2004.
`
`(Continued)
`
`Primary Examiner—Seung Ho Lee
`
`(57)
`
`ABSTRACT
`
`Methods, computer-readable media, and computer program
`products for encoding data representing offered items that
`are selected for specific respective viewers onto machine-
`playable storage media, with the media storing data repre-
`senting at least one entertainment feature. The method can
`include receiving one or more requests from given viewers
`related to obtaining instance of entertainment media for
`viewing, and identifying given ones of the viewers. One or
`more additional data elements relating to a given viewer are
`obtaining using, at
`least
`in part,
`the data identifying the
`given viewer. One or more items to be offered to the given
`viewer are selected based at least in part on analysis of the
`additional data element. Data representing the offered item
`is then encoding onto a given instance of the machine-
`readable entertainment medium and the medium is then
`presented to the viewer. Computer-readable media and com-
`puter program products for realizing the foregoing method
`are also disclosed.
`
`
`
`
`
`30 Claims, 17 Drawing Sheets
`
`EX1050
`Roku V. Media Chain
`U.S. Patent No. 10,515,191
`
`
`
`EX1050
`Roku V. Media Chain
`U.S. Patent No. 10,515,191
`
`

`

`US 7,178,720 Bl
`Page 2
`
`U.S. PATENT DOCUMENTS
`
`7/2002 Katz
`6,424,706 Bl
`§/2003 Walker
`6,567,787 Bl
`5/2003 Herz
`6,571,279 Bl
`6/2003 Kesel
`6,574,614 Bl
`7/2003 Herz
`6,598,026 Bl
`11/2004 Lynch
`6,823,319 BL
`9/2005 Tidaet al. we. 235/379
`6,942,143 Bl*
`8/2001 Herz
`2001/0014868 Al
`2002/0026496 Al
`2/2002 Boyer
`9/2003 Foster
`2003/0172000 Al
`10/2003 Thiagarajan et al.
`2003/0196204 AL*
`12/2003 Frisco
`2003/0229897 Al
`......... 725/23
`1/2004 Knightbridge et al.
`2004/0019900 AL*
`7/2004 Rose ......cccccccesssceeeseees 725/25
`2004/0143838 AL*
`6/2005 Clapp ue.eee 725/60
`2005/0132404 AL”
`OTHER PUBLICATIONS
`
`.......... 725/61
`
`Tedeschi, Bob, E-Commerce Report; Demand Among Marketers
`For Advertising Next To Search Results Could Soon Outpace
`Supply, The New York Times, Jul. 19, 2004.
`CMF:Associated Press; “Telemarketing Firm Agrees to Alter Sales
`Policy,” Times Union, Sep. 19, 2002, 2 pgs.
`Bloomberg; “Web Sites Help Consumers Shop for Hard-to-find
`Credit Card Deals,” Las Vegas Journal, Feb. 28, 1999, 3 pgs.
`Fitzgerald, Kate: “Putting Tech Into Telemarketing,” Credit Card
`Management, Jul. 1999, vl2n4p. 34, 8 pgs.
`CMF: Lumpur, Kuala; “Credit Card Ties Up With Alumni Life,”
`Jan. 2, 1996, 2 pgs.
`Meece, Mickey; “Fertile Sales Turf: Fee-Based Card Services
`Memberworks’ Gary Johnson Counts the Way He Can Sell
`to
`Cardholders,” American Banker, v162n68p. 15, 4 pgs.
`
`Steel, James; “Combating Counterfeit Credit Cards: The Techno-
`logical Challe,” Credit World, May/Jun. 1995, v83nSp. 16, 3 pgs.
`Throne, Adam; “Capital One’s Call Center Soars to NewHeights,”
`Call Center Magazine, Mar. 2001, vl4n3p. 84, 4 pgs.
`Nett, Walt, Sweet Deals Can Lull The Unaware Credit Card User,
`
`Arizona Daily Star, Jun. 19, 1994, p, L.D.
`Levine, Kay. Anchorage Daily News. Troubleshooter; [Final Edi-
`tion 30]. Anchorage, Alaska, Jul. 16, L991. p. B.2.
`Geller, Lois. Direct Marketing. “10 ways to joggle you out of your
`direct marketing doldrums”. Garden City. Feb. 1998. vol. 60, Iss.
`10. p. 18, 4 pgs.
`Whelan, Carolyn. Electronic News. “DirectTV chooses ATI after
`AT&T deal folds”. NewYork. Dec. 15, 1997. vol. 43, Iss. 2198. p.
`44,
`| pgs.
`Stern, Linda, Home Office Computing. “Save $60K this year”.
`Boulder. Jan. 1998. vol. 16, Iss. 1. p. 58, 6 pgs.
`Kislik, Elizabeth. Catalog Age. “Beyond the thought that counts”.
`New Canaan. Jul. 1997. vol. 14, Iss. 7, p. 199, 2 pgs.
`Galvin, Brian. Telemarketing & Call Center Solutions. “Focus On:
`The Inboundcall center outlook-how emerging technologies will
`change your business”. Norwalk, Apr. 1997. vol. 15, Iss. 10. p. 24,
`5 pgs.
`Reilly, Brian. Advertising Age’s Business Marketing. “Upselling
`strategies hit the net”. Chicago. Dec. 1996. vol. 81, Iss. 10. p. M1,
`2 pgs.
`M2? Presswire. “FIJITSU: Fijitsu introduces developer’s toolkit for
`Edify Electronic Workforce platform”. Coventry. Mar. 3, 1998. p. 1.
`
`* cited by examiner
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 1 of 17
`
`US 7,178,720 Bl
`
`
`
`OPERATOR TAKES
`ORDER ENTRY
`DATA
`
`ABORT OR
`GO BACK TO
`OPERATOR?
`
`
`
`
`COMPARE
`ORDER ENTRY
`
`
`DATA WITH ONE OR
`
`
`MORE DATABASE(s) TO
`
`
`DETERMINE
`"UPSELL”
`
`DATA
`
`
`30
`
`
`
`DISPLAY "UPSELL” DATA
`ON OPERATOR TERMINAL
`
`
`
`FOR OPERATOR TO OFFER
`CALLER
`
`FIG.
`
`1
`
`10
`
`16
`
`28
`
`
`
`DATABASE
`A
`
`24
`
`DATABASE
`B
`
`DATABASE
`N
`
`

`

`U.S. Patent
`
`\
`
`OF
`
`Feb. 20, 2007
`
`Sheet 2 of 17
`
`US 7,178,720 B1
`
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`
`3YVIVO||@3svaviv0):!¥0||||0SreSSSASystmerHRAAx
`TIVOINVISNI34VIVO(8)BS¥EVIVOAluWdCYC40/QNYsence(MVSYO)O3ZATNY|oftiCUAviva—:¥3SyavIva 99[OL|||QAZATWNY3SvBvivOco=20VIVO
`
`
`
`
`
` ||a09|(GZAWNY3Svaviva|—vivo(hveNO)O3ZAIWNWwaINdNODtb:36vQNIv0“00ONII3YRWHST3L:TWO,
`wolvyado7;|TTY)
`
`
`
`
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`
`INVISNI38YIYO—-o9oNayANNTTAL
`
`¢
`
`
`
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 3 of 17
`
`US 7,178,720 B1
`
`ll
`
`Og
`
`40L349
`
`§80
`
`V¥80
`
`J40
`
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`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 4 of 17
`
`US 7,178,720 B1
`
`
`
`
`
`ORDER TRANSACTION DATA IS
`ENTERED BY CALLER AT PC
`TERMINAL VIA PUBLIC
`COMMUNICATION NETWORK(INTERNET)
`OR A PRIVATE NETWORK(GATEWAY)
`
`
`
`
`
`140
`
`DATA IS RECEIVED AT
`ADDRESSED WEBSITE AND
`INSTANT TRANSACTION IS
`
`142
`
`ABORT OR
`BACK TO STEP
`
`DISPLAY "UPSELL” DATA
`ON CALLER’S PC AS AN
`ADDITIONAL OFFER
`
`156
`
`FIG. 4
`
`ve
`
`WEBSITE’S
`
`150
`
`DATABASE
`A
`
`COMPARE
`DATA RE ORDER
`
`WITH DATABASE(s)
`
`
`TO DETERMINE
`"UPSELL”
`
`DATA
`
`
`
`PROCESSED 154
` 144
`OF ENTERING DATA
`148 ithe
`i|aDATABASE
`DATABASE
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 5 of 17
`
`US 7,178,720 B1
`
`
`
`
`106¥a040.INdNI
` VIVOQ3ZA1WNVYOAVY|00€
`AMOWSN
`ii
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`
`YYOMIINyaIvUy)|P91
`9/1Z9189!09!
`
`
`
`
`
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet6 of 17
`
`US 7,178,720 B1
`
`UPSELL SYSTEM
`
`500
`PRIMARY TRANSACTION
`DATA -- INPUT
`
`
`ae ID -- SPECIFIC, REGIONAL
`502
`
`pee=eae
`
`i
`SERVICE_TRANSACTION
`506
`
`
`
`
`
`
`
`
`
`
`
` » AUTOMATIC
`
`DETERMINATION
`
`© DEMOGRAPHICS
`© TIME/CALENDER
`
`qT RAW
`7 RELATE TO EVENTS
`
`
`CODED
`OF CONTACT
`
`
`
`
` (USER OR FAMILY/FRIENDS)
`
`318
`
`‘INPUT
`332
`® CREDIT
`Ee Ld
`
`PRIOR PURCHASE
`DATABASE
`UTHEME
`L UPGRADE
`
`L REPLACEMENT
`
`J50
`
`370
`
`eee DATABASE
`
`RESPONSE —- CONSUMATE TRANSACTION
`
`LNO SALF
`
`
`FIG. 6
`
`J60
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 7 of 17
`
`US 7,178,720 B1
`
`250
`
`252
`
`RECEIVE.
`INITIAL
`CONTRACT
`
`DETERMINE
`
`TRANSACTION TYPE
`
`FIG. 7
`
`234
`
`ID DETERMINATION
`
`TRANSACTION
`238
`
`
`=|—CREDIT CHECK? 240
`
`afer)|
`
`242
`
`FOR UPSELL
`COMPUTATION
`
`
`=
`OBTAIN INPUT
`244 FPL288|248FROM DBs
`
`
`
`
`252
`
`COACTION REQUESTED
`
`204
`
`.
`256
`
`260
`
`262
`
`264
`
`PROVIDE INPUT
`TO UPSELL SYSTEM
`
`
`
`INVENTORY
`CHECK REQUIRED?
`
`OFFER UPSELL
`
`N
`POTENTIAL UPSELL
`AVAILABLE?
`
`PURCHASE?
`
`
`
`CONFIRM & SEND
`TO ORDER FULFILLMENT
`
`t
`
`ITEM TO FURTHER
`BE OFFERED?
`
`N
`
`266
`
`UPDATE VARIOUS DBs
`& UPSELL SYSTEM
`
`268
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 8 of 17
`
`US 7,178,720 B1
`
`270
`
`278
`
`UPSELL SCRIPT
`
`ORDER ENTRY
`ID:ADDRESS:
`
`280
`262
`
`272
`
`un
`
`404
`
`264
` COMMERCE CO. WEB SITE
`
`2/6
`
`TELEMARKETER SCREEN
`FIELDS & CELLS
`
`FIG. 8
`
`402
`
`400
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 9 of 17
`
`US 7,178,720 B1
`
`CUSTOMER
`CONTACT
`
`4.30
`
`DETERMINE
`PURPOSE OF CALL
`
`434
`
`“e
`
`IF NO PERCEIVED
`INTEREST
`
`ASSESS LIKELIHOOD
`OF INTEREST
`IN ALTERNATIVE
`
`OPTIONAL CREDIT CHECK
`
`OTHER DB CHECK
`
`
`
`CONTINUE WITH CALL
`AS ORIGINATED
`
`
`
`OFFER
`ALTERNATIVE
`
`438
`
`442
`
`446
`
` 432
`
`
`
`
`
`
`
`
`SOLICIT CONSUMATION
`OF TRANSACTION
`
`CREDIT DETERMINATION
`
`FIG. 10
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 10 of 17
`
`US 7,178,720 B1
`
`Figure 11
`
`Call *72
`
`For Information
`
`
`—
`PROGRAM GUIDE
`
`Program Guide
`Source
`Information
`
`Intelligent
`Selection
`System
`
`
`
`Communication
`
`Enjoy the action of a
`season of football!
`
`L_/Pemote
`
`Figure 12
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 11 of 17
`
`US 7,178,720 B1
`
`Figure 13
`
`129 *
`
`Program
`Storage
`Device
`
`specific item
`element Analyze second data| 7 M6
`
`110
`
`ee
`
`Establish
`communication
`
`LA M2
`
`Obtain primary
`transaction data
`representing
`specific item
`
`Obtain second data
`
`element and data
`representing the
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 12 of 17
`
`US 7,178,720 B1
`
`Figure 14
`
`
`
`Establish
`communication
`
`
`
`
`
`
`
`
`Obtain primary
`transaction data
`representing
`specific item
`
`
`
`Obtain second
`data element
`
`
`
`
`
`
`Analyze second data
`element and data
`representing the
`specific item
`
`
`
`Identify upsell
`transaction(s) to
`offer
`
`Receive acceptance
`of upsell transaction
`
`Offer upsell
`transaction(s) to
`user
`
`122 /
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 13 of 17
`
`US 7,178,720 B1
`
`Figure 15
`
`Mobile phones,TV set-
`70
`top boxes, PDAs,
`"Smart" systems having,|Unique !D/serial
`Upsell system
`embedded processors
`numbers on
`components
`or the like
`hardware/devices
`
`
`
`
`132 —|Customer
`care/loyalty/
` ID cards
`
`
`
`-
`
`-
`Home" geographic
`associated with
`user
`
`137 ff
`
`Geographical
`position of user
`when conducting
`primary transaction
`136 4
`
`133
`
`
`\ Webbrowser/
`internet-related data
`associated with user
`(cookies)
`
`TaN
`
`Voice prints
`
`of user
`
`135 \
`
`Survey/
`registration
`completed by
`
`user
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 14 of 17
`
`US 7,178,720 B1
`
`Figure 16
`
`Upsell system
`components
`
`Participation
`in survey or
`registration
`
`Tickets/incentives/
`promotions/discounts
`to merchant/
`attractions near user
`
`
`
`Vacation ortravel-
`oriented upsell
`offers
`
`Upsell offers in pos/
`retail counter
`scenarios
`
`Application for new
`financial account
`as upsell
`
`Associate primary
`transaction with new
`financial account as
`“pending” sale event
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 15 of 17
`
`US 7,178,720 B1
`
`Potential
`Offered Items
`
`
`
`
`Item for Viewer
`
`
`Profile of
`1715
`__.__Viewer
`
`
`Upsell
`
`Determination Unit ID
`
`
`J 1710
`Item for Viewer
`
`Modeling/Profiling/
`Segmentation
`Analysis
`
`Encoding Means
`
`Encoded Data
`
`
`
`
`
`
`Machine-Readable
`
`Storage Medium
`
`
` Receiving Means
`
`
`
`1708
`
`Viewer
`
`
`
`poonereenennnnnneneee
`
`Figure 17
`
`

`

`U.S. Patent
`
`Feb. 20, 2007
`
`Sheet 16 of 17
`
`US 7,178,720 B1
`
`1802
`
`1804
`
`
`
`
`Item Selected for
`Particular Viewer
`
`Entertainment
`Feature
`
`Figure 18
`
`

`

`Sheet 17 of 17
`
`US 7,178,720 B1
`
`Receive Request
`from Viewer
`
`1902
`
`Identify Viewer
`
`1904
`
`Medium
`
`Obtain Additional
`Data Element
`
`1906
`
`Select Item to
`Offer to Viewer
`
`1908
`
`Encode Item Onto
`
`1910
`
`U.S. Patent
`
`Feb. 20, 2007
`
`Figure 19
`
`

`

`US 7,178,720 Bl
`
`2
`FIG. 15 is a block diagramillustrating the sources of
`various inputs to the upsell system components.
`FIG. 16 is a block diagramillustrating several examples
`of inputs to the upsell system.
`FIG. 17 is a block diagramillustrating a system and
`related data flows adapted to interact with viewers of enter-
`tainment media and to encode items selected specifically for
`respective viewers onto instances of the media as delivered
`to the viewers.
`
`ay
`
`FIG. 18 is a schematic diagramof aninstance of the media
`as it may be encoded by the systemillustrated in FIG. 17.
`FIG. 19 is a flowchartillustrating processing performed in
`connection with selecting items specifically for respective
`viewers and encoding data presenting these items onto
`instances of the media as delivered to the viewers
`
`wa
`
`OVERVIEW OF THE INVENTION
`
`1
`METHODS, COMPUTER-READABLE
`MEDIA, AND COMPUTER PROGRAM
`PRODUCT FOR INTELLIGENT SELECTION
`OF ITEMS ENCODED ONTO PORTABLE
`MACHINE-PLAYABLE ENTERTAINMENT
`MEDIA
`
`RELATED APPLICATION INFORMATION
`
`This application contains subject matter that 1s related to
`application Ser. No. 10/335,060, filed 31 Dec. 2002, entitled
`“Methods and Apparatus for Intelligent Selection of Goods
`and Services in Telephonic and Electronic Commerce.”
`is
`This application also contains subject matter that
`related to application Ser. No. 09/907,724, filed Jul. 17,
`2001, entitled “Methods and Apparatus for Intelligent Selec-
`tion of Goods and Services in Telephonic and Electronic
`Commerce.”
`This application also contains subject matter that related
`to application Ser. No. 09/691,392,
`filed Oct. 17, 2000,
`entitled “Methods and Apparatus forIntelligent Selection of
`Goods and Services in Telephonic and Electronic Com-
`merce.”
`
`This application also contains subject matter that related
`to application Ser. No. 09/505,619, filed Feb. 16, 2000, also
`entitled “Methods and Apparatusfor Intelligent Selection of
`Goods and Services in Telephonic and Electronic Com-
`merce”, which is a continuation of application Ser. No.
`09/038,399, similarly entitled “Methods and Apparatus for
`Intelligent Selection of Goods and Services in Telephonic
`and Electronic Commerce”, now issued as U.S. Pat. No.
`6,055,513.
`Each of the foregoing patents and applications is hereby
`incorporated in its entirety herein by this reference as if set
`forth verbatim herein.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
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`Apparatus and methods are provided for effecting remote
`commerce, such as in telemarketing (either inbound or
`outbound) and in electronic commerce, which are particu-
`larly adapted for the intelligent selection and proffer of
`products, services or information to a user or customer. In
`one implementation of the invention, the system and meth-
`ods obtain input information for the system from a primary
`transaction,
`identify one or more goods or services for
`possible proffer and upsell to the customer basedat least in
`part uponthe primary transaction data information provided
`to the system, and thereafter, offer the user or customer one
`or more items determined to be among the optimum upsells.
`In one aspect of the invention, a method provides offers
`ofan item constituting a good or a service in the form ofan
`offer for purchaseofthe item to potential customers as users
`of the system, utilizing an electronic communications
`device, such as a telephone, videophone or computer, com-
`prisingthe steps of,first, establishing communication via the
`electronic communications device between the user and the
`
`system for purpose of a primary transaction; second, obtain-
`ing primary transaction data with respect to the transaction,
`including determining the identity of the prospective cus-
`tomer;third, obtaining at least a second data elementrelating
`to the user for the upsell determination; fourth, utilizing at
`least in part the primary transaction data and the second data
`element and determining at least one good or service item
`for prospective upsell to the prospective customer; and fifth,
`offering the item to the prospective customer.
`In the preferred implementation of the inventions, the
`input information for the system includes primary transac-
`tion data and at least a second data element obtained from a
`
`database, especially a remote, third party database or data-
`bases. Primary transaction data may include data relating to
`or reflecting the initial or primary contact from the customer
`to the system. In operation, one or more databases may be
`accessed,either in parallel or series, to collect and assemble
`input information for the system to determine the upsell or
`intelligent product selection.
`One example of primary transaction data includes trans-
`action determining data, which provides an indication of the
`purpose of the call,
`for example, whether the primary
`contact was for purchase of a product, for a service request
`or an inquiry. Such transaction determination data may
`either be used to consummate the primary transaction or not.
`By way ofexample, a user initiating remote contact with a
`source of sales or services might initially contact the source
`desiring repair of a defective product, whereupon the trans-
`action determination data indicating a repair contact may
`then be used as an input to the system identifying responses
`
`FIG. 1 is a simplified flowchart demonstrating aspects of
`the upsell system.
`FIG. 2 is a block diagram of a system for implementing
`the methods ofthis upsell system.
`FIG, 3 is a flowchart for an Internet-based order transac-
`tion in accordance with the invention.
`FIG. 4 is a block diagram of a system adapted for
`telemarketing applications.
`FIG. 5 is a block diagram ofa system adapted forInternet
`or other electronic commerce use.
`FIG. 6 is a block diagram ofthe functional aspects ofthe
`system,
`FIG. 7 is a detailed flowchart for one implementation of
`the methods of these inventions.
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`FIG. 8 shows a representative screen display for a
`telemarketing operator.
`FIG. 9 shows a exemplary display for a Internet-based ;
`display.
`FIG, 10 shows a flowchart for a customer service appli-
`cation.
`
`FIG. 11 shows a depiction of a potential customer inter-
`acting via a wireless device.
`FIG. 12 shows a plan view of a possible on-screen
`programming guide in conjunction with an upsell determi-
`nation.
`
`FIG. 13 is a flowchart illustrating processing performed
`by another embodiment of the invention.
`FIG. 14 is a flowchart
`illustrating additional, optimal
`processing that the invention can perform.
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`to be proffered. In such a circumstance, while the primary
`transaction data reflect a service contact, the customer may
`be offered in response a sales transaction for a newproduct
`which includes the functionalities of the product which
`formed the basis for the primary transaction.
`Yet another aspect of primary transaction data may
`include customer identification data. Such data may be
`specific data in that it uniquely identifies the contact, such as
`in person specific data comprising an electronic address, an
`e-mail address, customer number,billing data or credit card
`number. Customeridentification data may in someinstances
`be less than person specific data, such as residence specific
`data, For example, a caller’s telephone number, such as may
`be automatically supplied by the automatic numberidenti-
`fication (ANI) service or other formsof caller identification,
`may identify a customerto the level of a residence. Option-
`ally, additional data may be requested so as to specify a
`subset, e.g., a unique resident, from the household. At yet a
`less specific level of geographic granularity, identification
`data may include zip code data or other geographic identi-
`fier. Identification data may be obtained automatically from
`a carrier, such as through the use of ANI for telephonic
`communications, or through an electronic identifier
`for
`electronic commerce, such as transactions over the Internet.
`Alternatively, non-automatic entry may be utilized, such as
`where the customer or operator effects data entry.
`Yet further aspects of the input informationfor the system
`may include a correlation system for matching primary
`transaction data or other input data with a corresponding or
`keyed designator number for obtaining yet further input
`information. For example, while an initial contact
`to a
`telemarketer may automatically obtain the caller’s telephone
`number, such as from ANI, a correlation system may then
`provide a designator, such as a social security number, which
`may be utilized as an index or key for accessing yet further
`data bases or sources of information. For example, a caller's
`telephone number as provided as primary transaction data
`via ANI may throughthe correlation systemresult in a social
`security number or credit card number which may then be
`used to determine the credit worthiness ofthe caller froma
`database check. The collection of input information for the
`system may be effected based upon local resident databases,
`such as a telemarketer’s database, or through use ofthird
`party databases, such as credit card or credit worthiness
`databases, or possibly, a combination of both local and
`remote databases. Any form or content for a local or remote
`database may beutilized which is consistent with the goals
`and objects ofthe invention.
`Beyond credit databases and identification databases,
`numerous other options may be utilized. A demographic
`database may be utilized to identify direct or predicted
`attributes of the customer. Specific input information regard-
`ing the customer, such as age, sex,
`income, profession,
`education level, family status, lifestyle, and/or interests, may
`be used as separate and discrete inputs, or may be effectively
`combined to provide a coded designator based upon demo-
`graphics, socioeconomic analysis or otherwise to provide a
`coded designator. A third party database provider, such as a
`credit
`card issuer
`(e.g., Visa, MasterCard, American
`Express), may not wish to provide specific, raw data with
`respect to a user, such as where they would specifically
`identify a customer’s income as may be known to thecredit
`card issuer through the credit application. In such circum-
`stances, processed data may be provided suchas through the
`use of the coded designator, previously mentioned. In this
`way, the third party database may provide responsive, elTec-
`tive information for the upsell determination, but yet pre-
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`serve in confidence the specific details knownto it regarding
`the user which is a customer of both the upsell service and
`the credit card company. Yet another type of third party
`database may include subscription information, such as
`telephone services subscription information as maintained
`by telephone companies or other carriers. Such information
`may include the types of service, such as call waiting,
`three-way conferencing or thelike.
`Yet another possible input to the system includes inven-
`tory data. Such data serves to minimize or preclude the
`offering of goods or services to a potential customer which
`are not then available, or which will not be available in a
`timely manner. Such inventory information may be used in
`a positive manner, such as an input for possible offers ofan
`upsell, or in a negative manner, such as where a potential
`upsell has been determined but
`is then deleted from the
`possible proffers based uponits undesirable inventory status.
`Yet anotherpossible variable for use in the upsell or other
`selecting of a good or service for offer to the prospective
`customer is geographic information. Specifically, the geo-
`graphic location of the potential customer may beutilized as
`a factor in the determination. By way of example, a customer
`utilizing a wireless device, such as a cellular phone, Palm
`Pilot VII, or other wireless communication or web access
`device, may provide geographic position information
`regarding the user of the system. That information may be
`obtained via global positioning satellite (GPS) information,
`or may be taken from a knowledge ofthe base station
`position or access device position. In the wired domain, the
`geographic position information may be obtained at various
`levels of granularity, such as through the use of area code
`information, or more specifically, exchange information, or
`yet even more particularly,
`through the use of various
`databases which map telephone numbersto specific geog-
`raphies, such as a caller’s street address. The geographic
`position of the user may be determined via an access point
`to a system, such as where a customerutilizes an automated
`teller machine (ATM), an electronic signature device, or a
`vending machine for purchase oftransportation tickets or
`other items on a network. The geographic position of the
`user is known based upontheir interaction with the network.
`The geographic information may be utilized in combina-
`tion with other information in determining an offer or upsell.
`By way of example, the system or access device may know
`the position of a potential user of a good or service based
`upon position information from a GPS system, and may
`utilize that information in offering a good orservice, such as
`a discount coupon, at a geographically local store. Such an
`offer may be made as the result of a caller contacting the
`system, or may be provided in an outbound or push based
`context where the system contacts the potential user of the
`offer, such as by calling their cellular phoneor other wireless
`device. The geographic position information may addition-
`ally be combined with data or information regarding the
`geography of the person. For example, if the positional
`information indicates that
`the person is in a casino at
`midnight, it may be a valid assumption to assumethat the
`personis not risk averse. In yet another particular applica-
`tion involving a wireless communication device, a display,
`suchas a billboard, may provide a telephone numberor code
`(e.g., *72). By dialing the number, the system may generate
`a tailored response regarding the good, service or informa-
`tion upon any number of factors, such as knowing the
`identity of the caller via the mobile identification number
`(MIN), plus any associated information known about the
`caller. The use of a code onthe billboard may be combined
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`with the knowledge ofthe base station receiving the call, to
`uniquely designate the billboard and the requested informa-
`tion.
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`Yet other factors affecting the upsell may be based beyond
`those particular to the user. For example, proximity to key
`calendar events for others, birthdays, anniversaries or other
`typical gift giving days, may be utilized as a factor in the
`selectionof the upsell. Further, the time of the contact may
`be utilized, such as where a user contacts the system during
`the nighttime, wherein an upsell more likely to sell to a
`‘night owl’ will be offered as opposed to whatis believed to
`effectively sell to a “morning person’. Offers may vary based
`upon day of the week, or day of the month, such as
`correlation or actual or expected paydays.
`In one aspect of the invention, multiple actions may be
`taken in one transaction. For example, while a credit veri-
`fication is being effected for a primarytransaction, a second
`credit check may be performed to determineavailable credit,
`whichis in turn used as an input to the upsell determination
`system.
`In yet another aspect, multiple upsells may be
`selected, whereby multiple potential purchases are offered to
`the usereither simultaneously or serially, and if serially, the
`reaction to an earlier offer may be utilized in the decision for
`subsequent offers.
`After the upsells have been identified, they are offered to
`the user. In the telemarketing application, a script directed
`towards the sale of the selected product is provided to the
`telemarketing representative.
`In an electronic commerce
`environment, a display or other communication ofthe offer
`is made, such as through textual data, video, and/or audio
`communication. Additionally, information may be provided
`byadditional or other modes of communication, such as
`e-mail, facsimile, independent phone contact, cable contact,
`etc. The proffer is typically accompanied by a solicitation to
`consummate the transaction. The results of the proffer
`response thereto may be utilized in the modification or
`updating of the system for identifying later upsells.
`In one aspect of this invention, a method is provided for
`presentation ofinformation to users ofan electronic system
`comprising the steps of, first, establishing communication
`between a user of the system and the electronic system,
`second, determining characteristics ofthe user based at least
`in part upon the communication between the user of the
`system and the electronic system, third, determining the
`modeof presentation for the user based at leastin part on the
`determined characteristics of the user, and fourth, presenting
`the information to the user in the determined mode.
`In yet further aspects of the consummation of either or
`both of the primary transaction or the derivative, upsell
`transaction, an order fulfillment system may be utilized.
`Upon receipt of indication that
`the transaction is to be
`consummated, the system may so designate the product, and
`may automatically provide for shipping and billing ofthe
`user, Optionally, tracking of the item may be included.
`In operation, a user establishes communication with a
`telemarketer (either with the user establishing communica-
`tion in an inbound environment or with the telemarketer
`establishing communicationin an outbound environment) or
`through other electronic contact, such as through a website
`contact or hit, upon which identity information regarding the
`user is either automatically obtained such as throughthe use
`of ANI or manually obtained, such as through entry of
`identification information by the user. The identity informa-
`tion may be specific to the user, or may be more generalized
`such as informationrelating to the type of primary transac-
`tion or interaction. A second data element is then obtained,
`preferably from a second, and most preferably remote,
`database which is then used in conjunction with the primary
`transaction or primary interaction data so as to select a
`subset of potential of offers of goods, services or information
`
`Another application of the upsell system is in conjunction
`with on-screen programming guides. Such on-screen pro-
`gramming guides present a viewer of a television or other
`display with information regarding programming, entertain-
`ment or other information categorized in a predefined man-
`ner, such as by channel and time. In such a system, the
`selection (either made or considered) by the user may be
`provided as input to the decision system. For example, if a
`viewer selects a Pay-Per-View sports event, that selection
`may be used as aninputto the system as described generally
`in this application which then results in the selection and
`offer of another good, service or set of information for the
`potential customer. Continuing with the example of an order
`for a Pay-Per-View sporting event, the system may deter-
`mine, through the various methods described herein, to offer
`the viewer a series of entertainment events, such as a
`seasonal football schedule. The input device for such an
`onscreen programming guide application in the upsell con-
`text could be a remote control operated by the viewer.
`Yet another class of database information may include
`third party databases relating to items believed to be pos-
`sessed by or desired by the customer. For example, a
`possession database may indicate that the system user pos-
`sesses a certain formalware pattern, or has a certain number
`of place settings of a pattern. The status information regard-
`ing the possession and/or completeness of a set may be
`utilized as an input to the systemto identify an upsell to the
`customer. In yet another aspect, a registry database which
`reflects desired goods or services may be consulted as yet
`further input information for the system for identifying the
`proffer.
`The system for identifying the potential proffer utilizes
`the input info