Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
The following is a Final Office action to Application Serial Number 17/890,065, filed on August 17, 2022. In response to Examiner’s Non-Final Office Action of April 25, 2025, Applicant, on September 25, 2025, amended claim 1 and cancelled claim 18. Claims 1-17 and 19-20 are pending in this application and have been rejected below.
Response to Amendment
Applicant’s amendments are acknowledged.
Regarding 35 U.S.C. § 101 rejection, the amended claims have been considered
and are insufficient to overcome the rejection. Please refer to the 35 U.S.C. § 101 rejection for further explanation and rationale.
The 35 U.S.C. § 103 rejections are hereby amended pursuant to applicants amendments. Updated 35 U.S.C. § 103 rejections have been applied to amended claims. Please refer to the § 103 rejection for further explanation and rationale.
Response to Arguments
Applicant’s arguments filed September 25, 2025 have been fully considered but they are not persuasive and/or are moot in view of the revised rejections. Applicant’s arguments will be addressed herein below in the order in which they appear in the response filed September 25, 2025.
On Pgs. 11-12, regarding the 35 U.S.C. § 101 rejection, Applicant states the claims define a computer system that matches event rights holders with municipality destination marketing organizations (DMOs) and claims specific steps to perform this operation, which satisfies the requirements of a system and process and this procedure is executed via computer technology but are distinct from an abstract idea. In response, the claims recite the additional element of using computer components to perform each step. The “computing device“, memory”, “processor”, “user interface”; “server”, “display” and “platform” is recited at a high-level of generality, such that it amounts no more than mere instructions to apply the exception using a computer component. See MPEP 2106.05(f).
On Pg. 12-14 regarding the 35 U.S.C. § 101 rejection, Applicant states the claims certainly amount to significantly more than the abstract idea itself by defining a computer system that matches event rights holders with municipality destination marketing organizations (DMOs) and claims specific steps to perform this operation, which satisfies the requirements of a system and process. In response. Examiner finds the present claims improve an existing business process of matching analysis and there are currently no functional advancement to any technology or technological field, in order for the claim elements to be considered significantly more than the abstract idea itself. Utilizing computer structure and technology to match data are all, both individually and in combination, computer functions such as receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network) and storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015).
On Pgs. 15-17, regarding the 35 U.S.C. § 103 rejection, Applicant states prior art does not disclose amended claim language. In response, Examiner has updated rejection based on amended claim language. Please review updated rejection below.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1- 17 and 19- 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1-20 are directed to matching event right holders and destination users.
Claim 1 recites a system for matching event right holders and destination users, which include hosting a sports tourism index platform for matching event rights holders with municipality destination marketing organizations (DMOs); add a plurality of DMOs, wherein each DMO added includes name and contact information of each DMO, sporting facilities associated with each DMO, capacities of the sporting facilities associated with each DMO, parking facilities for the sporting facilities associated with each DMO, number of hotels within a predefined radius of each of the sporting facilities associated with each DMO, and staffing and budget of associated with each DMO; add a plurality of event rights holders, wherein each event rights holder added includes name and contact information of each event rights holders associated with each event rights holder, biographical information associated with each event rights holder, sporting events hosted by each event rights holder, and facility requirements of each sporting event hosted by each event rights holder; match the sporting events of the plurality of event rights holders with each sporting facility of the plurality of DMOs that match the event rights holders and facility requirements; and display an estimated spending calculator page calculating an amount of money a selected sporting event generates for a corresponding community associated with a selected DBO. wherein the amount of money generated is calculated based on projected attendee size, average spending per attendee of similar types of events. tax rate and specialized taxes of the corresponding community and trending financial data associated with corresponding sporting events.
As drafted, this is, under its broadest reasonable interpretation, within the Abstract idea grouping of “Methods of Organizing Human Activity” – managing personal behavior. The recitation of “computing device“, memory”, “processor”, “server”, “user interface“, display” and “platform”, provide nothing in the claim elements to preclude the step from being “Methods of Organizing Human Activity”- managing personal behavior. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claims primarily recite the additional element of using computer components to perform each step. The “computing device“, memory”, “processor”, “user interface”; “server”, “display” and “platform” is recited at a high-level of generality, such that it amounts no more than mere instructions to apply the exception using a computer component. See MPEP 2106.05(f).
Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims also fail to recite any improvements to another technology or technical field, improvements to the functioning of the computer itself, use of a particular machine, effecting a transformation or reduction of a particular article to a different state or thing, and/or an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. See 84 Fed. Reg. 55. In particular, there is a lack of improvement to a computer or technical field in customer market analysis.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of “computing device“, memory”, “processor”, “user interface”; “server”, “display” and “platform” is insufficient to amount to significantly more. (See MPEP 2106.05(f) – Mere Instructions to Apply an Exception – “Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible.” Alice Corp., 134 S. Ct. at 235). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
The claim fails to recite any improvements to another technology or technical field, improvements to the functioning of the computer itself, use of a particular machine, effecting a transformation or reduction of a particular article to a different state or thing, adding unconventional steps that confine the claim to a particular useful application, and/or meaningful limitations beyond generally linking the use of an abstract idea to a particular environment. See 84 Fed. Reg. 55. Viewed individually or as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. With regards to receiving data and step 2B, it is M2106.05(d)- Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information) and Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015).
Examiner concludes that the additional elements in combination fail to amount to significantly more than the abstract idea based on findings that each element merely performs the same function(s) in combination as each element performs separately. The claim is not patent eligible. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Dependent Claims 2-17 and 19-20 recite display a profile page of the corresponding DMO when an individual associated with the corresponding DMO accesses the sports tourism index platform, the profile page having a menu to access associated pages of the profile page; display a facility notification page of the corresponding DMO when an associated sporting facility of the corresponding DMO is saved by any of the plurality of sporting event rights holders; display a new sporting event notification page of the corresponding DMO when a new sporting event is added and open for bidding by any of the plurality of sporting event rights holders to the sports tourism index platform; display the new sporting event notification page of the corresponding DMO, the new sporting event notification page of the corresponding DMO displaying name of the new sporting event added, organization hosting the new sporting event added, sporting facility type requested by the new sporting event added, bid date of the new sporting event added, date of the new sporting event added and a status of the new sporting event added; display an index report of the corresponding DMO, wherein the index report displays a score of the corresponding DMO based on the sporting facilities associated with the corresponding DMO, destination strength based on hospitality industry within a predefined radius of a municipality of the corresponding DMO, organizational structure of the corresponding DMO, and tourism events within a predefined radius of a municipality of the corresponding DMO.; dynamically adjust and weight the score of the index report based on trending data of popularity of types of sporting tournaments, planned sporting facilities, changes in organizational structure of the plurality of DMOs, and similar criteria; display a comparison index report displaying the score of the corresponding DMO in relation to scores of other of the plurality of DMOs that are in a same geographical region or of has a population within a predefined range of the municipality of the corresponding DMO; display a recommendation report of the corresponding DMO, wherein the recommendation report displays suggestions on how to increase the score of the corresponding DMO by increasing a desired type or types of sporting facilities associated with the corresponding DMO, adding a desired type of amenities to increase destination strength, and changes to the organizational structure of the corresponding DMO; display an overall comparison index report displaying the score of the corresponding DMO in relation to a predefined number of other scores of other of the plurality of DMOs both above and below the score of the corresponding DMO; display a profile page of the corresponding event rights holder when an individual associated with the corresponding event rights holder accesses the sports tourism index platform, the profile page of the corresponding event rights holder having a menu to access associated pages of the profile page of the corresponding event rights holder; display an event notification page of the corresponding event rights holder, wherein the event notification page of the corresponding event rights holder displays sporting events associated with the corresponding event rights holder that have been saved by at least one of the plurality of DMOs; display a new destination page of the corresponding event rights holder, wherein the new destination page of the corresponding event rights holder displays newly added DMO's to the sports tourism index platform; display a new event input page of the corresponding event rights holder, wherein the new event input page of the corresponding event rights holder displaying input areas allowing entering a new sporting event of the corresponding event rights holder to be uploaded to the sports tourism index platform; display a matchmaker page of the corresponding event rights holder, wherein the matchmaker page of the corresponding event rights holder displaying any sporting facility that meets the facility requirements of each sporting event of the corresponding event rights holder and the associated DMO of each sporting facility that meets the facility requirements; display a sporting facility search page of the corresponding event rights holder, the sporting facility search page of the corresponding event rights holder displaying a menu allowing the corresponding event rights holder to search any sporting facility that meets the facility requirements of each sporting event of the corresponding event rights holder and the associated DMO of each sporting facility that meets the facility requirements; display a saved sporting facility page of the corresponding event rights holder, the saved sporting facility page of the corresponding event rights holder displaying a predetermined number of sporting facilities the corresponding event rights has saved; display a state profile page having a menu to select a desired state for viewing all DBOs associated with the selected desired state; display a sortable list of each individual DMO of the select desired state; and further narrowing the abstract idea. These recited limitations in the dependent claims do not amount to significantly more than the above-identified judicial exceptions in Claim 1. Regarding Claims, 2,-20, and the additional elements of “computing device”, “memory” and “processor” it is M2106.05(d)- Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information).
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 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.
Claims 1-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kramer et al., US Publication No. 20130282490A1, [hereinafter Kramer], in view of Perriman et al., US Publication No. 20180025373A1, [hereinafter Perriman]
Regarding Claim 1,
Kramer teaches
A computing device comprising: a processor; a display coupled to the processor; a user interface coupled to the processor for entering data into the computing device; and a memory coupled to the processor, the memory storing program instructions that when executed by the processor, causes the processor to: connect with a server hosting a sports tourism index platform for matching event rights holders with municipality destination marketing organizations (DMOs) (Kramer Par. 14-“ The system includes at least (1) mobile communication devices of members, and (2) a system data processor having data comprising location and optionally traits of people who are members of the organization. The system data processor can be a computer server and typically includes at least a system microprocessor and system computer memory and either has or has access to a system database of information.”; Par. 187-189-“ There are two ways that venues can market to members. First, they may place standard advertisements on the desktop web interface seen by members (and guests). This is implemented using a third-party pay-per-click advertising system such as Google AdSense. Venues setup these campaigns through the third party. 9The other, more powerful way, is to market directly to members using system offers (rewards or promotions). Marketing campaigns may be customized according to numerous factors such as demographics, location, time, and VIP status. In a pay-for-performance model, venues would be charged a placement fee only when the offer is used by a member.”; Par. 211);
add a plurality of DMOs, wherein each DMO added includes name and contact information of each DMO, sporting facilities associated with each DMO, capacities of the sporting facilities associated with each DMO, parking facilities for the sporting facilities associated with each DMO, number of hotels within a predefined radius of each of the sporting facilities associated with each DMO, … (Kramer Abstract- “A system and method for providing a service to promoters, including venues and advertising sponsors, who wish to provide promotions. The service includes making promoter promotions accessible by the mobile phones of members associated with an organization. Typically a promotion and member are matched based on the member's geographical position, “Par. 21; Par. 26; Par. 31- “A second important example of the subject invention includes a system for providing a service to promoters associated with an organization having people as members, the promoters having characteristics or promotions of interest to the members, the system comprising: mobile communication devices of the members; a system data processor having system data comprising: (A) location information as a result of a transaction of a member at a venue; and (B) the characteristics or the promotions; and the system data processor processing and providing a member member-intended information comprising at least a portion of the characteristics or the promotions.”; Par. 69)(Kramer Par. 21- “Location information typically comprises a narrow range of time (i.e., timeframe) for a transaction and a narrow vicinity of location of a member initiating, performing or otherwise related to the transaction. A narrow range of time may include within the last second, within the past minute, within the past 5 minutes, within the past 15 minutes, within the past half hour, within the past hour, within the past two hours, and the like. A narrow vicinity may include any of the following, or a radius from any of the following: a latitude and longitude; a name of a venue such as a department store, specialty store, grocery store, restaurant or bar; the name of a group of venues; the name of a neighborhood; the name of an intersection; a range of streets providing a bounding; the name of a shopping center; the name of an airport or other transit station; the name of a park; the name of a public place; the name of a landmark; and the like. The choice of radius depends on whether walking or driving distance is desired. For walking, a convenient radius is from a few feet to a mile. For driving, a convenient radius is from a few feet to 30 miles.”; Par. 185-188);
add a plurality of event rights holders, wherein each event rights holder added includes name and contact information of each event rights holders associated with each event rights holder, biographical information associated with each event rights holder, sporting events hosted by each event rights holder, and facility requirements of each sporting event hosted by each event rights holder (Kramer Par. 13-“ One parameter involves information concerning the traits, behaviors or demographics of people who attend the venues. Such information will be of interest to some of the venues and people. In all cases, the people are members of an organization, such as Hoozware, interested in the presence of the members at the venues. The organization uses a system data processor that receives location information and processes and provides organization information to the members and in some applications to the venues. The venues have characteristics or promotions of interest to the members, and which may be provided to the members with organization information.”);
match the sporting events of the plurality of event rights holders with each sporting facility of the plurality of DMOs that match the event rights holders and facility requirements. (Kramer Abstract- “ The service includes making promoter promotions accessible by the mobile phones of members associated with an organization. Typically a promotion and member are matched based on the member's geographical position, which may be reported by the member or determined automatically during a transaction, a promotion redemption, or by a position sensor in their mobile phone. A promotion and member are optionally matched by the member's traits and behaviors. In addition to accessing promotions, members have mobile access to real-time information about the venues, such as the demographics of venue attendees and media posted by attendees concerning venue characteristics. Using the system, venues can determine who is shopping nearby and can send promotions to their phones, and members can know before going which venues have promotions and their preferred attendee demographic. “)
and display an estimated spending calculator page calculating an amount of money a selected sporting event generates for a corresponding community associated with a selected DBO, …(Kramer Par.90-91- In a fifth scenario, the member uses their mobile phone to call a venue-rewards-credit telephone number. The Hoozware application communicates the members name and minimum amount of the credit card number or debit card number information in order for the venue to associate charges made at the venue with the member and report the information about the products purchased by the member to the Hoozware system. In a sixth scenario, when a purchase is made using the member's credit card or debit card, the associated credit card company or bank sends confirmation to the member's mobile phone. The Hoozware mobile application captures the confirmation and submits item(s) purchased, venue, time, purchase amount(s) and other important information to the Hoozware system server which records the information and updates member behaviors, rewards points and statuses (such as elite status) with the venues and sponsors that the purchases relate to. Alternately, the credit card company or bank may send confirmation to a separate website, the member's home computer, the Hoozware system server, and the like, from where the member then requests rewards credit for the purchases.)
Kramer discloses venue attributes and the feature is expounded upon by Perriman:
… and staffing and budget of associated with each DMO (Perriman Par. 30-“ Along these lines, any other venue may benefit when estimated attendance at a likely event or gathering of interest can be determined accurately. For example, using the estimate, the venue can better plan food, drinks, staffing, security, merchandise, and any other attendance-based product or service provided by the venue.; Par. 31-“ Accurate estimates of likely attendance to an event or gathering can be beneficially used in other ways as well. For example, if the popularity of a particular primary event (e.g., a sporting event, an artistic endeavor, a concert, or the like) can be determined in a particular geographic location, then such information can be used to direct advertising by a particular venue, fans of the primary event can be directed to a particular venue, and the goods and services of a particular venue can be matched to a prospective group of fans. Other benefits and uses for accurate estimates of likely attendance at a particular event or gathering have also been contemplated.”)
… wherein the amount of money generated is calculated based on projected attendee size, average spending per attendee of similar types of events, tax rate and specialized taxes of the corresponding community and trending financial data associated with corresponding sporting events (Perriman Par. 162-165; Par. 172; Par. 186;Par. 191- Data that is output to the logic arranged to provide marketing-related outputs includes current and accurate information related to various aspects of the event or gathering. In some cases, such output data is also pushed through additional promotional channels. Benefits from such output and promotion of the event or gathering of interest to relevant spectators having a common interest and geographic location include increased visibility and awareness of specified events and gatherings, increased brand recognition, increased attendance at the event or gathering, and increased revenue generated from event or gathering. Par. 214; Par. 316).
Kramer and Perriman are directed to data analysis. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have improve upon data analysis of Kramer, as taught by Perriman, by utilizing venue analysis with a reasonable expectation of success of arriving at the claimed invention. One of ordinary skill in the art would have been motivated to make the modification to the teachings of Kramer with the motivation of improving a conventional social network by connecting participants in the social network that have a common interest (e.g., fans that root for a particular sports team) at a selected venue (e.g., a sports bar that is broadcasting a competition featuring the particular sports team) (Perriman Par.148).
Regarding Claim 2,
The computing device of Claim 1, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a profile page of the corresponding DMO when an individual associated with the corresponding DMO accesses the sports tourism index platform, the profile page having a menu to access associated pages of the profile page (Kramer Par. 594-“ FIGS. 54-63 illustrate the fields for a venue representative to login and provide their venue account and profile information.; Par. 596-597)
Regarding Claim 3,
The computing device of Claim 2, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a facility notification page of the corresponding DMO when an associated sporting facility of the corresponding DMO is saved by any of the plurality of sporting event rights holders. (Kramer Par. 50-“ The Hoozware system may also provide statistics on the Hoozware system members to taxicab companies and to other organizations interested in knowing the temporal movement patterns of the Hoozware system members.; Par. 51; par. 338-343; Par. 532- FIG. 21 provides another preference called My Alerts 2100. My Alerts 2100 is a list of labeled criteria for specifying when, and optionally how, to notify a member of the occurrence of an event of their interest. FIG. 21 shows a list of 4 alerts: Offer at any club 2102, Offer at current club, Check-in by a friend 2103, Message from a crush match. Alerts may be member defined, as well as, initially populated with Hoozware System defaults. As with My Clubs 1301, there are various selections to add and modify the lit. If it is desired to modify the Check-in by a friend 2103 alert, Edit 2104 is selected. In another example, the each element of the list may be clicked on directly to select for editing.)
Regarding Claim 4,
The computing device of Claim 2, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a new sporting event notification page of the corresponding DMO when a new sporting event is added and open for bidding by any of the plurality of sporting event rights holders to the sports tourism index platform.. (Kramer Par. 458; +Par. 609;; Par. 532- FIG. 21 provides another preference called My Alerts 2100. My Alerts 2100 is a list of labeled criteria for specifying when, and optionally how, to notify a member of the occurrence of an event of their interest. FIG. 21 shows a list of 4 alerts: Offer at any club 2102, Offer at current club, Check-in by a friend 2103, Message from a crush match. Alerts may be member defined, as well as, initially populated with Hoozware System defaults. As with My Clubs 1301, there are various selections to add and modify the list. If it is desired to modify the Check-in by a friend 2103 alert, Edit 2104 is selected. In another example, the each element of the list may be clicked on directly to select for editing.; Par. 618)
Regarding Claim 5
The computing device of Claim 4, wherein the memory storing program instructions that when executed by the processor, causes the processor to display the new sporting event notification page of the corresponding DMO, the new sporting event notification page of the corresponding DMO displaying name of the new sporting event added, organization hosting the new sporting event added, sporting facility type requested by the new sporting event added, bid date of the new sporting event added, date of the new sporting event added and a status of the new sporting event added.(Kramer Par. 604; Par.618- FIGS. 70-75 provide illustrative fields for promotional activities. FIG. 70 again displays the Venue Console, with focus this time on Promotions 7000. In one exemplary embodiment there are three categories of Promotions 7000: New 7001, Current 7002 and Expired 7003. The New 7001 category assists a venue operator in defining a new promotion, including selecting to whom it will be sent. The screen asks the venue to "Select Recipients" 7004. At any time, the total selected recipients is tallied. In this example, the total is 21,969 7005. To limit the number of recipients, the venue may elect to send the promotion to everyone who's redeemed an offer at their venue within some selected time frame 7006. The venue may also similarly limit the promotion to redemptions at any venue 7007, which is what is being done in this example. The slider is 7008.)
Regarding Claim 6
The computing device of Claim 2, wherein the memory storing program instructions that when executed by the processor, causes the processor to display an index report of the corresponding DMO, wherein the index report displays a score of the corresponding DMO based on the sporting facilities associated with the corresponding DMO, destination strength based on hospitality industry within a predefined radius of a municipality of the corresponding DMO, organizational structure of the corresponding DMO, and tourism events within a predefined radius of a municipality of the corresponding DMO. (Kramer Par. 461- FIG. 2B is a text display 222 that may be used in an exemplary embodiment to display venue search results on the screen of a mobile phone when in “text mode.” In this embodiment, the text display 222 lists the venues returned by a Hoozware venue search. The text display 222 lists the venue, VenueA 224, with the highest ranking score at the top next to ranking index 1 223 and with a ranking score of 78% 225 listed next to it on the other side. In the example, the other venues are listed below VenueA 224 next to their associated ranking index and ranking score. Typically, the text display 222 has a graphical scroll bar 227 when there are too many venue results to fit on a single screen..)
Regarding Claim 7
The computing device of Claim 6, wherein the memory storing program instructions that when executed by the processor, causes the processor to dynamically adjust and weight the score of the index report based on trending data of popularity of types of sporting tournaments, planned sporting facilities, changes in organizational structure of the plurality of DMOs, and similar criteria. (Kramer Par. 459-“ the venues are designated on the map by a circle with an associated number, where the number specifies the venue's ranking score based on the member's predefined rankings of individual venue characteristics and attendee demographics.”; Par. 461- FIG. 2B is a text display 222 that may be used in an exemplary embodiment to display venue search results on the screen of a mobile phone when in “text mode.” In this embodiment, the text display 222 lists the venues returned by a Hoozware venue search. The text display 222 lists the venue, VenueA 224, with the highest ranking score at the top next to ranking index 1 223 and with a ranking score of 78% 225 listed next to it on the other side. In the example, the other venues are listed below VenueA 224 next to their associated ranking index and ranking score. Typically, the text display 222 has a graphical scroll bar 227 when there are too many venue results to fit on a single screen..)
Regarding Claim 8
The computing device of Claim 6, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a comparison index report displaying the score of the corresponding DMO in relation to scores of other of the plurality of DMOs that are in a same geographical region or of has a population within a predefined range of the municipality of the corresponding DMO. (Kramer Par. 461“FIG. 2B is a text display 222 that may be used in an exemplary embodiment to display venue search results on the screen of a mobile phone when in “text mode.” In this embodiment, the text display 222 lists the venues returned by a Hoozware venue search. The text display 222 lists the venue, VenueA 224, with the highest ranking score at the top next to ranking index 1 223 and with a ranking score of 78% 225 listed next to it on the other side. In the example, the other venues are listed below VenueA 224 next to their associated ranking index and ranking score. Typically, the text display 222 has a graphical scroll bar 227 when there are too many venue results to fit on a single screen..; Par. 462)
Regarding Claim 9
The computing device of Claim 6, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a recommendation report of the corresponding DMO, wherein the recommendation report displays suggestions on how to increase the score of the corresponding DMO …. (Kramer Par. 504-“ Once signed up, members can use their mobile communication device or desktop computer to search for venues, which search may be based on desired criteria called a "Mood." A Mood may include such criteria as (a) geographical distance away; (b) number of friends, crush matches or crowd size in attendance; (c) Reviews (including Surveys and Postings (including Overall Recommendation, Comments and Media)) submitted by members in attendance at the venue; (d) venue characteristics; (e) combinations of the above criteria as well as other criteria.; Par. 462)
Kramer discloses venue analysis and the feature has been expounded by Perriman:
...by increasing a desired type or types of sporting facilities associated with the corresponding DMO, adding a desired type of amenities to increase destination strength, and changes to the organizational structure of the corresponding DMO(Perriman Par. 194-“The distinct logic module used to enable communication in some embodiments of the event-to-spectator connection tool may take particular inputs and provide particular outputs. In some cases, input data is network group details, event host details, event partner details, and promotional channel details. In some cases, output data represents increased attendance at the event or gathering and verifiably increased revenue generated from the event or gathering. Some benefits of such output include increased brand trust, predictable attendance to optimize staffing, additional transparency, and promotion of successful events or gatherings.”; Par. 185)
Kramer and Perriman are directed to data analysis. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have improve upon data analysis of Kramer, as taught by Perriman, by utilizing venue analysis with a reasonable expectation of success of arriving at the claimed invention. One of ordinary skill in the art would have been motivated to make the modification to the teachings of Kramer with the motivation of improving a conventional social network by connecting participants in the social network that have a common interest (e.g., fans that root for a particular sports team) at a selected venue (e.g., a sports bar that is broadcasting a competition featuring the particular sports team) (Perriman Par.148).
Regarding Claim 10
The computing device of Claim 6, wherein the memory storing program instructions that when executed by the processor, causes the processor to display an overall comparison index report displaying the score of the corresponding DMO in relation to a predefined number of other scores of other of the plurality of DMOs both above and below the score of the corresponding DMO. (Kramer Par. 461“FIG. 2B is a text display 222 that may be used in an exemplary embodiment to display venue search results on the screen of a mobile phone when in “text mode.” In this embodiment, the text display 222 lists the venues returned by a Hoozware venue search. The text display 222 lists the venue, VenueA 224, with the highest ranking score at the top next to ranking index 1 223 and with a ranking score of 78% 225 listed next to it on the other side. In the example, the other venues are listed below VenueA 224 next to their associated ranking index and ranking score. Typically, the text display 222 has a graphical scroll bar 227 when there are too many venue results to fit on a single screen.; Par. 462)
Regarding Claim 11
The computing device of Claim 1, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a profile page of the corresponding event rights holder when an individual associated with the corresponding event rights holder accesses the sports tourism index platform, the profile page of the corresponding event rights holder having a menu to access associated pages of the profile page of the corresponding event rights holder. (Kramer Par.26- In the case of a venue for socializing and entertainment, such as a nightclub, much of the information comes in real time from other members of the Hoozware system who are attending, or recently attended, the venue. The Hoozware system helps the managers efficiently and effectively determine which members fit the profile of clientele they seek to entice to their establishment at a particular moment in time. The Hoozware system also helps its members efficiently use their time to determine which venue has the atmosphere, music, crowd, etc., they desire at a particular moment in time.; Par. 97-103)
Regarding Claim 12
The computing device of Claim 11, wherein the memory storing program instructions that when executed by the processor, causes the processor to display an event notification page of the corresponding event rights holder, wherein the event notification page of the corresponding event rights holder displays sporting events associated with the corresponding event rights holder that have been saved by at least one of the plurality of DMOs. (Kramer Par.338-344- Alerts are member-defined notifications based on various triggers. Supported triggers include: Top Club Active search has identified a new top club; Review Club has gotten a member review; Offer Offer has been received; Check-in Member has checked-in; Check-out Member has checked-out; Message Message has been received; Candidate System has identified a new member passing a screen; Par. 499; Par. 532- “FIG. 21 provides another preference called My Alerts 2100. My Alerts 2100 is a list of labeled criteria for specifying when, and optionally how, to notify a member of the occurrence of an event of their interest.”)
Regarding Claim 13
The computing device of Claim 11, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a new destination page of the corresponding event rights holder, wherein the new destination page of the corresponding event rights holder displays newly added DMO's to the sports tourism index platform. (Kramer Par.596-597- FIG. 55 is a screen labeled “Venue Console for My Venue” 5500. Using this console, various groups of venue information may be accessed, including View information 5503, Promotions information 5404, My Venue Profile information 5405, My Venue Account information 5406, the ability to Logout 5507, and Help 5508. “My Venue Account” information 5406 presents a screen of information the venue (e.g., club, bar, lounge, etc.) completes. The Administrator Primary Contact information 5501 is entered in the boxes. Such contact information typically includes a name, office telephone number, mobile number, fax number and email address. Although not shown, there may be additional fields 5502 for an Administrator Secondary Contact; Marketing Primary Contact; Marketing Secondary Contact, and the like.”; Par. 211; Par. 221-222)
Regarding Claim 14
The computing device of Claim I 1, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a new event input page of the corresponding event rights holder, wherein the new event input page of the corresponding event rights holder displaying input areas allowing entering a new sporting event of the corresponding event rights holder to be uploaded to the sports tourism index platform. (Kramer Par.603-604- To add a new event, one selects New 6014 and then completes the various event fields which appear in a new event window. The first example event listed is for Happy Hour 6006 starting at 4:00 p.m. 6008 and ending at 6:00 p.m. 6009, where dancing is specified as not really appropriate with an entry of No 6010. Note that the spot for a Name is left blank 6007 for this particular event. FIG. 61 is the first of three screens (i.e., together with FIGS. 62 and 63) that exemplify the information a venue typically enters when adding a new event, such as when New 6014 is selected in FIG. 60. The screen in FIG. 61 is referred to as a New Event screen 6100.)
Regarding Claim 15
The computing device of Claim 11, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a matchmaker page of the corresponding event rights holder, wherein the matchmaker page of the corresponding event rights holder displaying any sporting facility that meets the facility requirements of each sporting event of the corresponding event rights holder and the associated DMO of each sporting facility that meets the facility requirements. (Kramer Par.72- When a member is trying to decide which nightclub (or in general, which venue) to attend, they may access the Hoozware system server, typically using their mobile phone. A member may communicate with the Hoozware system server using a WAP or other mobile browser, SMS (short message service) or MMS (multimedia messaging service), emailing, running a custom Hoozware application on their mobile phone (which may include JAVA, or be written for or using BREW, Symbian, RIM, Microsoft, Windows CE, Palm, EPOC, FLEXOS, OS/9, JavaOS, etc.), and the like. When the Hoozware system server receives a member request for a list of nightclubs that best match the member's selected “mood,” the server performs the search calculation and returns the nightclub list, along with detailed nightclub demographics and characteristic information for the member to view. Typically, along with the ordered nightclub list, the Hoozware system server will also return relevant nightclub or sponsor promotions to the member.[illustrative example that could easily be replaced for a sporting facility].; Par. 148-160; Par. 478)
Regarding Claim 16
The computing device of Claim 11, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a sporting facility search page of the corresponding event rights holder, the sporting facility search page of the corresponding event rights holder displaying a menu allowing the corresponding event rights holder to search any sporting facility that meets the facility requirements of each sporting event of the corresponding event rights holder and the associated DMO of each sporting facility that meets the facility requirements. (Kramer Par.459- FIG. 2A is a graphical map display 200 that may be used in an exemplary embodiment to display venue search results on the screen of a mobile phone which is in “map mode.” The map shows streets and venues.; Par. 461-“ FIG. 2B is a text display 222 that may be used in an exemplary embodiment to display venue search results on the screen of a mobile phone when in “text mode.” In this embodiment, the text display 222 lists the venues returned by a Hoozware venue search.)
Regarding Claim 17
The computing device of Claim 11, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a saved sporting facility page of the corresponding event rights holder, the saved sporting facility page of the corresponding event rights holder displaying a predetermined number of sporting facilities the corresponding event rights has saved. (Kramer Par.473- FIG. 4 is a simplified logic flow diagram for a software application which may run on the Hoozware system server, a.k.a. data processor 100. A commercial Hoozware system server application is typically much more complex; however, FIG. 4 exemplifies some of the basic elements that typically exist in such more complex application. The Hoozware system server application performs a number of important functions. Such functions include: (1) receiving and processing messages from members, (2) receiving and processing messages from promoters and (3) storing member traits, venue demographics and venue characteristics. Each function may be a separate process and processed in parallel or sequentially. Each process may be a separate thread. In the Hoozware system server application embodiment of FIG. 4, the functions are processed sequentially.)
Regarding Claim 18 - Cancelled
Regarding Claim 19
The computing device of Claim1, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a state profile page having a menu to select a desired state for viewing all DBOs associated with the selected desired state. (Kramer Par.457- The venue manager 123 at Venue1 113 typically can view information provided by the data processor 100 concerning the members 114 at Venue1 113, as well as, view information about the members 117 and 120 at other venues 116 and 119, respectively. A non-member 118 is at Venue1 116 and a non-member 121 is at Venue 119. The data processor 100 typically provides such information concerning members to a Hoozware website, where the manager 123 views it using a browser or custom software application running on his office computer 124.; Par. 611-612)
Regarding Claim 20
The computing device of Claim 19, wherein the memory storing program instructions that when executed by the processor, causes the processor to display a sortable list of each individual DMO of the select desired state. (Kramer Par.542- FIG. 26A is a repeat of FIG. 25 with Search 2600, 2508 highlighted. When selected, the Club Search 2601 menu of FIG. 26B is displayed. In this example, as indicated by the heading 2602, there are 192 clubs that are sorted, where only the first five are displayed (e.g., due to screen space constraints). The club with the highest rank in this example is Dragon Bar 2603, with a ranking (i.e., “closeness match) score of 89% 2604. In this example, to display the next five lower ranked clubs Next 2605 is selected. To display a map showing the geographical location of a club, and optionally other information of interest about the club, a club is highlighted (as Dragon Bar 2603 is highlighted) and Map 2606 is selected. Par. 560)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure US Publication No. 20100049695A1 to Morsa- Abstract-“ Enabling advertisers using a computer network such as the Internet and a match engine to submit their offerings to product, service, benefit seeking entities. In some embodiments, a database having accounts for the providers is made available. Accounts contain contact and billing information for an advertiser; and at least one offering having at least a description, a criteria set comprising one or more criterion factors, and a bid amount. An advertiser influences a position of an offering in the advertiser's account by first selecting offering relevant criteria. The advertiser enters the criteria and the description into a listing; influencing at least in part the position for the listing within a results page through an online bidding process. This results page is generated in response to a seeking entity query of the match engine. Pay for performance demographic, geographic, psychographic criteria/characteristics targeted directly advertising (frictionless advertising) is enabled.”
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Chesiree Walton, whose telephone number is (571) 272-5219. The examiner can normally be reached from Monday to Friday between 8 AM and 5 PM. If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Patricia Munson, can be reached at (571) 270-5396. The fax telephone numbers for this group are either (571) 273-8300 or (703) 872-9326 (for official communications including After Final communications labeled “Box AF”).
Another resource that is available to applicants is the Patent Application Information Retrieval (PAIR). Information regarding the status of an application can be obtained from the (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAX. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Applicants are invited to contact the Office to schedule an in-person interview to discuss and resolve the issues set forth in this Office Action. Although an interview is not required, the Office believes that an interview can be of use to resolve any issues related to a patent application in an efficient and prompt manner.
Sincerely,
/CHESIREE A WALTON/Examiner, Art Unit 3624