DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board on October 1, 2024 (“2024 Board Decision”), but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on December 2, 2024 has been entered.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgements
Applicant’s filing on December 2, 2024 (“December 2024 Response”) is acknowledged. The December 2024 Response contains, inter alia, claim amendments (“December 2024 Claim Amendments”), and “REMARKS” (“December 2024 Remarks”).
A Restriction Requirement was filed by the Examiner on July 16, 2025 (“July 2025 Restriction Requirement”).
Applicant’s filing on September 3, 2025 (“September 2025 Response”) is acknowledged. The September 2025 Response contains, inter alia, claim amendments (“September 2025 Claim Amendments”), and “REMARKS” (“September 2025 Remarks”).
This Office Action is in response to the December 2024 Response and the September 2025 Response.
A Patent Trial and Appeal Board decision in an application has res judicata effect and is the “law of the case” and is thus controlling in that application and any subsequent, related application (See MPEP § 706.07(h) and MPEP § 2190, subsection II).
Claims 1, 3-4, 6, 10-11, 14, 21, 23, 27-28, 31-36 and 39-41 are currently pending and have been examined.
Election/Restrictions
Applicant’s election with traverse of Claims 1, 3-4, 6, 10, 21, 23, and 28 in the September 2025 Remarks is acknowledged. The traversal is on the grounds that the amendments to the claims result in the claims being in a single group. The Examiner agrees that the amendments have placed the claims in a single group. Therefore, the July 2025 Restriction Requirement is no longer applicable to the current claims.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim.
In this application, Claims 11, 14, and 35 refer to independent Claim 39. However, Claim 39 is not set forth previous to Claims 11, 14, and 35.
In this application, Claim 36 depends from Claim 11 which depends from Claim 39. However, Claim 36 is separated by Claims 21, 23, 27-28, and 31-34, which do not depend on Claim 11.
In this application, Claims 31-34 depend from Claim 27 which depends from Claim 1. However, Claims 31-34 are separated by Claim 28, which does not depend on Claim 27.
In general, Applicant’s sequence will not be changed. See MPEP § 608.01(n).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-4, 6, 10, 14, 21, 23, 28, and 39-41 are rejected under 35 U.S.C. 103 as being unpatentable over Kupstas (US 8,330,587 B2)(“Kupstas”) in view of Canora et al. (US 2012/0271834 A1)(“Canora”) and further in view of Abraham et al. (US 2015/0039422 A1)(“Abraham”).
As to Claims 1 and 39, Kupstas discloses a system [a method] for use with a plurality of user beacons including a first user beacon and a second user beacon (see Fig.4 which depicts multiple tokens), the system [method] comprising:
a plurality of sensory indicators including a processor (controller 15a) and a display (“displays,” C.4, L.20-21) at a first location in a store (“gift shops,” C.6, L.36);
the processor configured to:
receive a first wireless signal including a first beacon ID (“name,” C.4, L.5) from the first user beacon (tag 30 in token 20) when a first user possessing the first user beacon arrives at the first location in the store (C.4, L.1-9, C.4, L.25-46, C.5, L.35-51, and “At step 110 the reader 40 located near or on the theme park 40 device 10 may interrogate the tag 30 located on the token 20. At step 112 the tag 30 communicates back to the reader 40 the identification data that is stored in the memory 51 and/or otherwise stored on the tag 30. At step 114, the reader 40 will transmit the identification data to the controller 15 that initiates and controls the actions of the theme park device 10,” C.6, L.30-45);
receive a second wireless signal including a second beacon ID (“name,” C.4, L.5) from the second user beacon (tag 30 in token 20) when a second user (“Should another character…” C.5, L.49) possessing the second user beacon arrives at the first location in the store (C.4, L.1-9, C.4, L.25-46, C.5, L.35-51, and “At step 110 the reader 40 located near or on the theme park 40 device 10 may interrogate the tag 30 located on the token 20. At step 112 the tag 30 communicates back to the reader 40 the identification data that is stored in the memory 51 and/or otherwise stored on the tag 30. At step 114, the reader 40 will transmit the identification data to the controller 15 that initiates and controls the actions of the theme park device 10,” C.6, L.30-45);
obtain first user information (“predetermined identification data” C.4, L.60, “predetermined identification data includes personal information of the person as well as character identities” C.4, L.63-65) corresponding to the first beacon ID, wherein the first user information is obtained from a server (server 60) in communication with the system (“the server 60 retrieves data from the database 70. The server 60 may be used to retrieve data in order to update the memories 50a, 50b of the theme park devices 10a, 10b, so as to provide new instructional material related to the identification data stored in the tag 30 of the token 20. Updated instructional material may include…predetermined identification data… predetermined identification data includes personal information of the person as well as character identities.” C.4, L.52-65);
obtain second (“The exemplary system shown in FIG. 4 uses one theme park device 10, a memory 50, a reader 40 and a controller 15 and receives incoming signals from a plurality of tokens 20a, 20b and 20c, having tags 30a-30c and memories 51a-5lc. In the system shown in FIG. 4 the tags 30a-30c send their identification data to the reader 40 upon being interrogated by the reader 40” C.5, L.59-65) user information (“predetermined identification data” C.4, L.60, “predetermined identification data includes personal information of the person as well as character identities” C.4, L.63-65) corresponding to the second beacon ID, wherein the second user information is obtained from the server in communication with the system (“the server 60 retrieves data from the database 70. The server 60 may be used to retrieve data in order to update the memories 50a, 50b of the theme park devices 10a, 10b, so as to provide new instructional material related to the identification data stored in the tag 30 of the token 20. Updated instructional material may include…predetermined identification data… predetermined identification data includes personal information of the person as well as character identities.” C.4, L.52-65);
determine, according to the first user information and the second user information, one of a fictional character or a real-life character response (“For example if the person carrying the token 20, say a person whose identification data indicates that she is Snow White, enters into a set piece having multiple theme park devices 10c-10e, for example animatronic dwarves who are able to respond to the character who the person is identified as, each of the theme park devices 10c-10e need only be in communication with the controller 16, which can provide the identification data to each of the controllers 15c-15e, which then in tum retrieve instructions from the memories 52c-52e. In the aforementioned example, the dwarves may receive the identification data that Snow White has entered the room and the dwarves may start singing a specific song in response. Should the identification data indicate that the person entering the room is another dwarf, or the witch, yet another song and series of animations may occur. Should another character enter, say Donald Duck, yet a totally different set of songs and animations may occur” C.5, L.35-51);
obtain a custom presentation (“The reader 40a transmits to and receives signals from the tag 30. The received and transmitted signals are of the type associated and appropriate for communication with the tag 30, e.g. RF signals, Bluetooth protocol enabled signals, etc. The identification data received by the reader 40a is then transmitted to the controller 15a. The controller 15a may be a processor, microprocessor, array of processors and/or networked system of processors. The controller 15a processes the signal and retrieves the context responsive instructions from the memory 35 50a. The memory 50a stores the behavioral instructions associated with the identification. The controller 15a activates the machinery, electronics, lights, sounds, etc. that performs the proper behavior based upon the identification data.” C.4, L.25-28) based on the first user information and the second user information (“the server 60 retrieves data from the database 70. The server 60 may be used to retrieve data in order to update the memories 50a, 50b of the theme park devices 10a, 10b, so as to provide new instructional material related to the identification data stored in the tag 30 of the token 20.” C.4, L.51-56, “The exemplary system shown in FIG. 4 uses one theme park device 10, a memory 50, a reader 40 and a controller 15 and receives incoming signals from a plurality of tokens 20a, 20b and 20c, having tags 30a-30c and memories 51a-5lc. In the system shown in FIG. 4 the tags 30a-30c send their identification data to the reader 40 upon being interrogated by the reader 40” C.5, L.59-65), wherein the custom presentation includes the one of the fictional character or the real-life character response (“For example if the person carrying the token 20, say a person whose identification data indicates that she is Snow White, enters into a set piece having multiple theme park devices 10c-10e, for example animatronic dwarves who are able to respond to the character who the person is identified as, each of the theme park devices 10c-10e need only be in communication with the controller 16, which can provide the identification data to each of the controllers 15c-15e, which then in tum retrieve instructions from the memories 52c-52e. In the aforementioned example, the dwarves may receive the identification data that Snow White has entered the room and the dwarves may start singing a specific song in response. Should the identification data indicate that the person entering the room is another dwarf, or the witch, yet another song and series of animations may occur. Should another character enter, say Donald Duck, yet a totally different set of songs and animations may occur” C.5, L.35-51); and
the display (“displays” C.4, L.20-21) at the first location in the store (“For instance the theme park device 10 may also be placed in eateries, at food stands, in gifts shops, etc.” C.6, L.35-38), and in response to receiving the first wireless signal from the first user beacon and receiving the second wireless signal from the second user beacon (“The reader 40a transmits to and receives signals from the tag 30. The received and transmitted signals are of the type associated and appropriate for communication with the tag 30, e.g. RF signals, Bluetooth protocol enabled signals, etc. The identification data received by the reader 40a is then transmitted to the controller 15a. The controller 15a may be a processor, microprocessor, array of processors and/or networked system of processors. The controller 15a processes the signal and retrieves the context responsive instructions from the memory 35 50a. The memory 50a stores the behavioral instructions associated with the identification. The controller 15a activates the machinery, electronics, lights, sounds, etc. that performs the proper behavior based upon the identification data.” C.4, L.25-38), having the custom presentation including the one of the fictional character or the real-life character response (“At step 112 the tag 30 communicates back to the reader 40 the identification data that is stored in the memory 51 and/or otherwise stored on the tag 30. At step 114, the reader 40 will transmit the identification data to the controller 15 that initiates and controls the actions of the theme park device 10. At step 116, the controller 15 activates the theme park device 10 and has it perform an activity or behavior that corresponds and/or is related to the identification data that it has received.” C.6, L.41-48), wherein during the custom presentation, the one of the fictional character or the real-life character response directs users to a second location in the store (“For example when using a Harry Potter themed token 20 it may be revealed which house one is member of when approaching the park devices 10a, 10b.” C.3, L.60-63, “An example of this will now be provided. In the universe of Harry Potter there are four houses in which students may be placed. These houses are selected by having the student put a sorting hat on their head. In a Harry Potter themed park a person would receive at the ticket booth some sort of token 20. For instance a scarf, a book, a robe, a wand, etc. i.e. something related to the overall themes in the book. The person may choose to place the sorting hat on their head and at that time the sorting hat will announce which house the person belongs to based upon the identification stored in the token 20.” C.6, L.49-58),
wherein the second location includes an item identified to be of interest based on the first user information (“For example when using a Harry Potter themed token 20 it may be revealed which house one is member of when approaching the park devices 10a, 10b.” C.3, L.60-63).
Kupstas does not directly disclose
the one of a fictional character or a real-life character response includes one of a fictional character or a real-life character;
wherein the custom presentation includes the one of the fictional character or the real-life character;
the custom presentation on the display is a video played on the display;
wherein the directing is of the first and second user;
wherein the item identified to be of interest is based on the first user information and the second user information; and
the item being available for purchase.
Canora teaches
a fictional character or a real-life character response includes one of a fictional character or a real-life character (“display screens may display their image with or without transformations (e.g., change their image into a princess, a pirate, a ball player, a movie character, and so on),” [0007], “For example, a television or monitor may be operated to display information to a particular visitor (e.g., show their name, present a greeting or message (e.g., ‘Happy Birthday, Brian’ or ‘You're a Real Pirate, Dave!’)), show their image with or without modifications, and so on) or a character may personalize a greeting to a particular visitor” [0027]);
a custom presentation includes the one of the fictional character or the real-life character (“Then, the identified visitor may have their visit personalized. This may include…display screens may display their image with or without transformations (e.g., change their image into a princess, a pirate, a ball player, a movie character, and so on),” [0007]);
the custom presentation is a video played on a display (“a character may greet the visitor by name” [0007], “delivery or providing of experiences or personalizations when two or more visitors are in a delivery zone/area about or proximate to an experience/personalization system (e.g., a station on a ride that personalizes the ride, a display that provides visual/audio output to provide a personalized or enhanced experience, a character that is instructed to personalize a greeting to a visitor and/or to interact with that particular visitor, a screen used to personalize an advertisement to a shopper, and so on).” [0012], “For example, a television or monitor may be operated to display information to a particular visitor (e.g., show their name, present a greeting or message (e.g., ‘Happy Birthday, Brian’ or ‘You're a Real Pirate, Dave!’)), show their image with or without modifications, and so on) or a character may personalize a greeting to a particular visitor” [0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kupstas by the features of Canora and in particular to include in the fictional character or a real-life character response of Kupstas, the one of a fictional character or a real-life character, as taught by Canora, because this would enhance the experience and “more effectively personalize each person’s visit to the destination.” (Canora, [0002]); to include in the custom presentation of Kupstas, the one of the fictional character or the real-life character, as taught by Canora, because this would enhance the experience and “more effectively personalize each person’s visit to the destination.” (Canora, [0002]); and to include the customer presentation of Kupstas in a video played on the display, as taught by Canora, because it would provide “more opportunities to offer personalization and exclusive experience enhancements to visitors” (Canora, [0004]).
In addition to the above, the differences between Kupstas and Canora are only found in the nonfunctional descriptive material and are not functionally involved in the invention. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. CIr. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed.Cir.1994). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of the invention was made to include any visuals that are not necessarily the one of a fictional character or a real-life character in the custom presentation, as shown in Kupstas, because such data does not functionally relate to the invention and merely labeling the data differently from that in the prior art would have been obvious. See Gulack cited above.
Abraham teaches
wherein the directing is of the first and second user (“Embodiments of the present invention also customize communications displayed on in-store displays based on which shoppers can see each in-store display. If there is only one viewer, the display can be personalized for that specific viewer. If there are multiple viewers, an analysis is performed about these viewers and the advertisement most appropriate for the viewers, or for a selected one or more of the viewers, is displayed.” [0014], “campaign engine 144 can play an informational video or audio segment about the location in retail environment 120 where shoppers can find the product” [0052]);
wherein the item identified to be of interest is based on the first user information and the second user information (“campaign engine 144 can advertise the product to the shopper” “The communicated content may be informational, product advertisement, promotional offers, and the like” [0042], “For example, campaign engine 144 may determine that the set of shoppers in the area have fashion as a common interest and may try to communicate fashion related content on displays 124a and 124b, for example.” [0044], “Campaign engine 144 analyzes this information to determine what content to display for the sum total of shoppers each display is visible to.” [0049]); and
the item being available for purchase (“in retail environment 120 shoppers can shop for and purchase products” [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Kupstas/Canora combination by the features of Abraham and in particular: to include in the directing of the Kupstas/Canora combination, the feature that it is of the first and second user, as taught by Abraham, because it would help “to improve the shopping experience” (Abraham, [0008]); to include in the Kupstas/Canora combination, the features of wherein the item identified to be of interest is based on the first user information and the second user information, the item being available for purchase, as taught by Abraham, because this would increase the likelihood of the user purchasing the product; thereby, increasing sales and shopper satisfaction (Abraham, [0008]).
In addition to the above, the differences between Canora and Abraham are only found in the nonfunctional descriptive material and are not functionally involved in the invention. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. CIr. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed.Cir.1994). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of the invention was made to include the one of the fictional character or the real-life character in the custom presentation, without the characters depicted therein necessarily directing the users to a second location in the store, as in Canora, because such data does not functionally relate to the invention and merely labeling the data differently from that in the prior art would have been obvious. See Gulack cited above.
As to Claim 3, the Kupstas/Canora/Abraham combination discloses as discussed above. Kupstas further discloses wherein the first user information is further obtained from the first user beacon (“The reader 40a transmits to and receives signals from the tag 30. The received and transmitted signals are of the type associated and appropriate for communication with the tag 30, e.g. RF signals, Bluetooth protocol enabled signals, etc. The identification data received by the reader 40a is then transmitted to the controller 15a.” C.4, L.25-31).
As to Claims 4 and 14, the Kupstas/Canora/Abraham combination discloses as discussed above. Kupstas further discloses wherein the first user information includes at least one of a viewing history of the first user, favorite shows of the first user, or favorite movies of the first user (“favorite character, favorite book, movie, game, etc.” C.4, L.5-6).
As to Claim 6, the Kupstas/Canora/Abraham combination discloses as discussed above. Canora teaches wherein the display is one of a television (“a television or monitor may be operated to display information to a particular visitor” [0027]), a projector, or a holographic display.
As to Claims 10 and 40, the Kupstas/Canora/Abraham combination discloses as discussed above. Kupstas further discloses wherein the first user beacon is included in one of a bracelet, wristband, necklace (“necklace,” C.3, L.17), watch, or cell phone (“cellphone” C.3, L.41).
As to Claims 21 and 41, the Kupstas/Canora/Abraham combination discloses as discussed above. Kupstas further discloses wherein the first user beacon comprises a radio-frequency identification (RFID) tag (RFID tag 8).
As to Claim 23, the Kupstas/Canora/Abraham combination discloses as discussed above. Kupstas further discloses wherein the plurality of user beacons are separate from the display, and the plurality of user beacons and the display are not integrated in a same device (see beacons and theme park device 10, which is the display, as depicted in Fig.4).
As to Claim 28, the Kupstas/Canora/Abraham combination discloses as discussed above.
Kupstas further discloses
wherein the first user information includes a first viewing history of the first user (“movie,” C.4, L.5-7; see also “Kupstas discloses viewing history,” 2024 Board Decision, Page 7),
wherein the second user information includes a second viewing history of the second user (“movie,” C.4, L.5-7; see also “Kupstas discloses viewing history,” 2024 Board Decision, Page 7).
Kupstas does not directly disclose but Canora teaches wherein the processor is further configured to:
wherein the processor is further configured to:
receive a third wireless signal including a third beacon ID from a third user beacon of the plurality of user beacons when a third user possessing the third user beacon arrives at the first location in the store (“For example, four visitors may gather around an experience system 174 at a venue 170” [0041] and [0047]);
obtain third user information corresponding to the third beacon ID, including a third viewing history of the third user (“event processor may also act to update history for the personalized experience 214 to indicate the visitor has received this personalization…,” [0046], wherein the experience can include display screens with images, [0007], [0047]);
determine the one of the fictional character or the real-life character as being representative of a majority of the first viewing history, the second viewing history, and the third viewing history (“a pirate or princess,” [0033]) as being representative of a majority of the first viewing history, the second viewing history, and the third viewing history ([0033], [0041], and [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing data of the invention to modify the Kupstas/Canora/Abraham combination by the features of Canora and in particular to include in the Kupstas/Canora/Abraham combination, the features of receive a third wireless signal including a third beacon ID from a third user beacon of the plurality of user beacons when a third user possessing the third user beacon arrives at the first location in the venue, obtain third user information corresponding to the third beacon ID, including a third viewing history of the third user; determine the one of the fictional character or the real-life character as being representative of a majority of the first viewing history, the second viewing history, and the third viewing history, as taught by Canora.
A person having ordinary skill in the art would have been motivated to combine these features because it would help “to more effectively personalize each person’s visit to the destination” (Canora, [0002]).
Claims 11, 27, 31, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Kupstas in view of Canora, in view of Abraham, and further in view of Van Herpen (US 2014/0132183 A1)(“Herpen”).
As to Claim 11, the Kupstas/Canora/Abraham combination discloses as discussed above.
Kupstas does not directly disclose generating lighting, using a plurality of lights in the store, to further direct the first user from the first location to the second location.
Herpen teaches generating lighting, using a plurality of lights in the store, to further direct the first user from the first location to the second location (“guiding a human to a reference location, such as an emergency exit, with a lighting system comprising a plurality of light sources along a pathway to the reference location. The lights shine with an intensity dependent upon the distance to the reference location, in particular the intensity of the light increases with decreasing distance to the reference location.” Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing data of the invention to modify the Kupstas/Canora/Abraham combination by the features of Herpen and in particular: to include in Kupstas, the feature of generating lighting, using the plurality of lights in the venue, to direct the first user from the first location to a second location in the venue, as taught by Herpen. A person having ordinary skill in the art would have been motivated to combine these features because as noted by Kupstas “[t]ricks of light and sound take a person from their mundane surroundings and transport them to another world, time or place” (C.1, L.22-24), and as recognized by Herpen “people instinctively tend to flee towards the light” ([0007]); therefore, incorporating the abovementioned features would capitalize on the senses of the visitors at the amusement park making it a more enjoyable experience.
As to Claim 27, the Kupstas/Canora/Abraham combination discloses as discussed above.
Kupstas does not directly disclose
a plurality of lights located in the store and configured to be controlled by the processor;
wherein the processor is further configured to:
generate lighting, using the plurality of lights in the store, to further direct the first user from the first location to the second location.
Herpen teaches
a plurality of lights (lighting system 1) located in the store (space 30, see [0050] “store,” [0039]) and configured to be controlled by the processor (control unit 20)([0051] and [0054]);
wherein the processor is further configured to:
generate lighting, using the plurality of lights in the store, to further direct the first user from the first location to the second location (“guiding a human to a reference location, such as an emergency exit, with a lighting system comprising a plurality of light sources along a pathway to the reference location. The lights shine with an intensity dependent upon the distance to the reference location, in particular the intensity of the light increases with decreasing distance to the reference location.” Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing data of the invention to modify the Kupstas/Canora/Abraham combination by the features of Herpen and in particular: to include in Kupstas, the features of a plurality of lights located in the venue and configured to be controlled by the processor; wherein the processor is further configured to: generate lighting, using the plurality of lights in the venue, to direct the first user from the first location to a second location in the venue, as taught by Herpen. A person having ordinary skill in the art would have been motivated to combine these features because as noted by Kupstas “[t]ricks of light and sound take a person from their mundane surroundings and transport them to another world, time or place” (C.1, L.22-24), and as recognized by Herpen “people instinctively tend to flee towards the light” ([0007]); therefore, incorporating the abovementioned features would capitalize on the senses of the visitors at the amusement park making it a more enjoyable experience.
As to Claim 31, the Kupstas/Canora/Abraham/Herpen combination discloses as discussed above. Herpent teaches wherein generating the lighting includes sequentially lighting up the plurality of lights in the store, in a direction of the second location, to further guide the first user from the first location to the second location (“In this way, the lighting system may react on the location of the emergency and choose the best distribution of light over the pathway to the reference point, with light sources closer to the location of emergency with a lower light intensity and light sources closer to the reference location with a higher light intensity.” [0030]).
As to Claim 33, the Kupstas/Canora/Abraham/Herpen combination discloses as discussed above. Herpen teaches wherein the plurality of lights comprises an array of LED lights (“lights sources, such as LED,” [0033]).
As to Claim 34, the Kupstas/Canora/Abraham/Herpen combination discloses as discussed above. Herepen teaches wherein the array of LED lights are arranged on a floor or a ceiling of the store (“light sources 10 may be arranged at the walls and/or the ceilings and/or floors,” [0051]).
Claims 32 and 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Kupstas in view of Canora, in view of Abraham, in view of Herepen, and further in view of Rouaix et al. (US 8,423,431 B1)(“Rouaix”).
As to Claims 32 and 36, the Kupstas/Canora/Abraham/Herpen combination discloses as discussed above.
Kupstas does not directly disclose wherein generating the lighting includes lighting up a first light of the plurality of lights as the first user approaches a location of the first light and turning off the first light as the first user walks past the first light.
Rouaix teaches lighting up a first light of the plurality of lights as the first user approaches a location of the first light and turning off the first light as the first user walks past the first light (“In another example, different display devices in the light-based display system may each project a segment of a path 870 on an as-needed basis as the agent traverses the path (e.g., one display device may paint a first arrow pointing straight ahead, then when the agent reaches the end of an aisle, that display device may stop projecting the first arrow and another device may project an arrow indicating that the agent should tum right, etc.).” C.27, L.20-27).
It would have been obvious to one of ordinary skill in the art before the effective filing data of the invention to modify the Kupstas/Canora/Abraham/Herpen combination by the features of Rouaix and in particular: to include in the Kupstas/Canora/Abraham/Herpen combination, the feature of lighting up a first light of the plurality of lights as the first user approaches a location of the first light and turning off the first light as the first user walks past the first light, as taught by Rouaix. A person having ordinary skill in the art would have been motivated to combine these features because this would reduce energy consumption and provide intuitive directions to follow for the user.
As to Claim 35, the Kupstas/Canora/Abraham/Herpen combination discloses as discussed above. Herpen teaches wherein generating the lighting comprises: sequentially lighting up the plurality of lights, in a direction of the second location, to guide the first user from the first location to the second location (“In this way, the lighting system may react on the location of the emergency and choose the best distribution of light over the pathway to the reference point, with light sources closer to the location of emergency with a lower light intensity and light sources closer to the reference location with a higher light intensity.” [0030]).
Kupstas does not directly disclose lighting up a first light of the plurality of lights as the first user approaches a location of the first light and turning off the first light as the first user walks past the first light, or changing a color of the plurality of lights.
Rouaix teaches lighting up a first light of the plurality of lights as the first user approaches a location of the first light and turning off the first light as the first user walks past the first light (“In another example, different display devices in the light-based display system may each project a segment of a path 870 on an as-needed basis as the agent traverses the path (e.g., one display device may paint a first arrow pointing straight ahead, then when the agent reaches the end of an aisle, that display device may stop projecting the first arrow and another device may project an arrow indicating that the agent should tum right, etc.).” C.27, L.20-27), or changing a color of the plurality of lights (“Control system 900 may send a message to the second display device to cause it to project visual guidance in the form of another colored arrow on the floor in front of the agent representing another segment of the agent's target path. As the agent traverses the facility, control system 900 may select and send messages to additional display devices to cause them to project additional visual guidance in the form of path information to direct the agent to the targeted inventory area, and may send messages to cause the projections of the previously selected display devices to be turned off.” C.30, L.61-67).
It would have been obvious to one of ordinary skill in the art before the effective filing data of the invention to modify the Kupstas/Canora/Abraham/Herpen combination by the features of Rouaix and in particular: to include in the Kupstas/Canora/Abraham/Herpen combination, the feature of lighting up a first light of the plurality of lights as the first user approaches a location of the first light and turning off the first light as the first user walks past the first light, or changing a color of the plurality of lights, as taught by Rouaix. A person having ordinary skill in the art would have been motivated to combine these features because this would reduce energy consumption and provide intuitive directions to follow for the user.
Response to Arguments
Applicant’s arguments filed in the September 2025 Remarks are remarks directed to the July 2025 Restriction Requirement which is fully addressed above.
Applicant’s arguments filed in the December 2024 Remarks have been fully considered but they are either moot or not persuasive as discussed below.
On page 9, Applicant argues a previously cited limitation (which contains the language “outside the venue”). As such, the argument is moot. Furthermore, it is noted that a Patent Trial and Appeal Board decision in an application has res judicata effect and is the “law of the case” and is thus controlling in that application and any subsequent, related application (See MPEP § 706.07(h) and MPEP § 2190, subsection II). The Board affirmed the rejection of the claimed element (“Kupstas discloses viewing history and suggests that the viewing of the content took place outside of the theme park.” 2024 Board Decision, Page 7, “[w]e agree with the Examiner that all the claim elements were known in the prior art….[i]n addition, as Kupstas explicitly discloses that the information may be viewing history and suggest this viewing occurred outside the venue, we find that Kupstas itself disclose the subject matter the Appellant argues is missing from the rejection and the citation to Brenner is cumulative in nature.” 2024 Board Decision, Page 8). As such, the argument is not persuasive.
On pages 10-11, Applicant argues that the newly amending limitations of “obtain first user information…obtained from a server…second user…server…” is not taught by Brenner. However, Brenner is not relied upon for those features. As set forth in the rejection, Kupstas discloses obtain first user information (“predetermined identification data” C.4, L.60, “predetermined identification data includes personal information of the person as well as character identities” C.4, L.63-65) corresponding to the first beacon ID, wherein the first user information is obtained from a server (server 60) in communication with the system (“the server 60 retrieves data from the database 70. The server 60 may be used to retrieve data in order to update the memories 50a, 50b of the theme park devices 10a, 10b, so as to provide new instructional material related to the identification data stored in the tag 30 of the token 20. Updated instructional material may include…predetermined identification data… predetermined identification data includes personal information of the person as well as character identities.” C.4, L.52-65); obtain second (“The exemplary system shown in FIG. 4 uses one theme park device 10, a memory 50, a reader 40 and a controller 15 and receives incoming signals from a plurality of tokens 20a, 20b and 20c, having tags 30a-30c and memories 51a-5lc. In the system shown in FIG. 4 the tags 30a-30c send their identification data to the reader 40 upon being interrogated by the reader 40” C.5, L.59-65) user information (“predetermined identification data” C.4, L.60, “predetermined identification data includes personal information of the person as well as character identities” C.4, L.63-65) corresponding to the second beacon ID, wherein the second user information is obtained from the server in communication with the system (“the server 60 retrieves data from the database 70. The server 60 may be used to retrieve data in order to update the memories 50a, 50b of the theme park devices 10a, 10b, so as to provide new instructional material related to the identification data stored in the tag 30 of the token 20. Updated instructional material may include…predetermined identification data… predetermined identification data includes personal information of the person as well as character identities.” C.4, L.52-65).
On pages 10-12, Applicant argues that the previously cited art fails to disclose the limitations of “wherein during the custom presentation…in the store, wherein the second location…information, the item…for purchase.” The limitations are rejected by a combination of references. As set forth in the respective rejection,
Kupstas discloses wherein during the custom presentation, the one of the fictional character or the real-life character response directs users to a second location in the store (“For example when using a Harry Potter themed token 20 it may be revealed which house one is member of when approaching the park devices 10a, 10b.” C.3, L.60-63, “An example of this will now be provided. In the universe of Harry Potter there are four houses in which students may be placed. These houses are selected by having the student put a sorting hat on their head. In a Harry Potter themed park a person would receive at the ticket booth some sort of token 20. For instance a scarf, a book, a robe, a wand, etc. i.e. something related to the overall themes in the book. The person may choose to place the sorting hat on their head and at that time the sorting hat will announce which house the person belongs to based upon the identification stored in the token 20.” C.6, L.49-58), wherein the second location includes an item identified to be of interest based on the first user information (“For example when using a Harry Potter themed token 20 it may be revealed which house one is member of when approaching the park devices 10a, 10b.” C.3, L.60-63).
Kupstas does not directly disclose the one of a fictional character or a real-life character response includes one of a fictional character or a real-life character; wherein the custom presentation includes the one of the fictional character or the real-life character; wherein the directing is of the first and second user; wherein the item identified to be of interest is based on the first user information and the second user information; and the item being available for purchase.
Canora teaches a fictional character or a real-life character response includes one of a fictional character or a real-life character (“display screens may display their image with or without transformations (e.g., change their image into a princess, a pirate, a ball player, a movie character, and so on),” [0007], “For example, a television or monitor may be operated to display information to a particular visitor (e.g., show their name, present a greeting or message (e.g., ‘Happy Birthday, Brian’ or ‘You're a Real Pirate, Dave!’)), show their image with or without modifications, and so on) or a character may personalize a greeting to a particular visitor” [0027]); a custom presentation includes the one of the fictional character or the real-life character (“Then, the identified visitor may have their visit personalized. This may include…display screens may display their image with or without transformations (e.g., change their image into a princess, a pirate, a ball player, a movie character, and so on),” [0007]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kupstas by the features of Canora and in particular to include in the fictional character or a real-life character response of Kupstas, the one of a fictional character or a real-life character, as taught by Canora, because this would enhance the experience and “more effectively personalize each person’s visit to the destination.” (Canora, [0002]); to include in the custom presentation of Kupstas, the one of the fictional character or the real-life character, as taught by Canora, because this would enhance the experience and “more effectively personalize each person’s visit to the destination.” (Canora, [0002]).
Abraham teaches wherein the directing is of the first and second user (“Embodiments of the present invention also customize communications displayed on in-store displays based on which shoppers can see each in-store display. If there is only one viewer, the display can be personalized for that specific viewer. If there are multiple viewers, an analysis is performed about these viewers and the advertisement most appropriate for the viewers, or for a selected one or more of the viewers, is displayed.” [0014], “campaign engine 144 can play an informational video or audio segment about the location in retail environment 120 where shoppers can find the product” [0052]); wherein the item identified to be of interest is based on the first user information and the second user information (“campaign engine 144 can advertise the product to the shopper” “The communicated content may be informational, product advertisement, promotional offers, and the like” [0042], “For example, campaign engine 144 may determine that the set of shoppers in the area have fashion as a common interest and may try to communicate fashion related content on displays 124a and 124b, for example.” [0044], “Campaign engine 144 analyzes this information to determine what content to display for the sum total of shoppers each display is visible to.” [0049]); and the item being available for purchase (“in retail environment 120 shoppers can shop for and purchase products” [0031]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Kupstas/Canora combination by the features of Abraham and in particular: to include in the directing of the Kupstas/Canora combination, the feature that it is of the first and second user, as taught by Abraham, because it would help “to improve the shopping experience” (Abraham, [0008]); to include in the Kupstas/Canora combination, the features of wherein the item identified to be of interest is based on the first user information and the second user information, the item being available for purchase, as taught by Abraham, because this would increase the likelihood of the user purchasing the product; thereby, increasing sales and shopper satisfaction (Abraham, [0008]).
As such, the argument is now moot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
Mosier et al. (US 2018/0348004 A1) which discloses “actuating a light source to illuminate a pathway to be followed by the user to reach the correct kiosk destination, wherein the pathway is visible on a floor of a user” (Abstract).
Regienczuk (US 2008/0275630 A1) teaches “The system and/or apparatus can also have person and/or product tracking means to optimally direct individuals to one or more items of interest within the venue.” (Abstract), “following a lighted path 42 that may preferably be color coded so as to correspond to the shopper's assigned color” ([0025]), “the venue guide 40 may then effectively guide the individual through the venue 10 and to the one or more items of interest via a lighted pathway in accordance with the teachings of the present disclosure. In addition, the one or more items of interest may be highlighted (e.g., via an illumination scheme) to bring the targeted item or items of interest to the attention of the individual when in a predefined proximity.” ([0026]).
Sinclair (US 2014/0019300 A1) teaches “the CID may suggest a product and provide navigation to the desired and/or suggested product.” (Abstract).
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/M.A.M/Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622