Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The following is a FINAL Office action in reply to the Amendments and Arguments received on January 30, 2026.
Status of Claims
Claims 21, 23, 32, 34, and41 have been amended.
Claims 21-30 and 32-39 and 41-43 are currently pending and have been examined.
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 21-30 and 32-39 and 41-43 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 21-30 are drawn to methods while claim(s) 32-39, 41 and 42 is/are drawn to an apparatus. As such, claims 21-30, 32-39, 41 and 42 are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
Claim 21 (representative of independent claim(s) 32 and 41) recites the following steps:
associating, the portable computer with a respective room identifier for a respective room of the plurality of rooms located at the premises;
assigning for each portable computer of the plurality of portable computers, a respective configuration based on the room identifier associated with the portable compute
determining, status information about a first transient user, wherein the first transient user is a visitor at the premises and who is associated with the first room and the status information about the first transient user includes visitor information of the first transient user
displaying content based on the first configuration and the status information about the first transient user.
These steps, under its broadest reasonable interpretation, encompass a human manually (e.g., in their mind, or using paper and pen) associate the portable computer with a respective room identifier and display information based on the status of the user (i.e., one or more concepts performed in the human mind, such as one or more observations, evaluations, judgments, opinions), but for the recitation of generic computer components. If one or more claim limitations, under their broadest reasonable interpretation, covers performance of the limitation(s) in the mind but for the recitation of generic computer components, then it falls within the "mental processes" subject matter grouping of abstract ideas.
As such, the Examiner concludes that claim 21 recites an abstract idea (Step 2A - Prong One: YES).
Independent claim(s) 32 and 41 is determined to recite an abstract idea under the same analysis.
Step 2A - Prong Two:
This judicial exception is not integrated into a practical application. The claim(s) recite the additional elements/limitations of:
for each portable computer of the plurality of computers (Claim 21, 32 and 41)
a computer system (Claim 21)
an interface of the first portable computer of the plurality of portable computers, digital content (Claim 21 and 32)
system (Claim 32)
A computer system comprising at least one processor, a memory, and a display, the at
least one processor (Claim 41)
a network (Claim 41)
The requirement to execute the claimed steps/functions listed above is equivalent to adding the words ''apply it'' on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. This/these limitation(s) do/does not impose any meaningful limits on producing the abstract idea and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Additionally, “Step 2A - Prong 2”, the recited additional element(s) of “wherein the first configuration comprises: a first configuration layer comprising visual representations of a plurality of applications that are executable from a memory of the first portable computer; and a second configuration layer comprising a display scheme associated with the premises; wherein displaying digital content by the interface of the first portable computer based on the first configuration comprises displaying the visual representations of the plurality of applications of the first configuration layer based on the display scheme of the second configuration layer (Claim 21, 32 and 41)” serve merely to generally link the use of the judicial exception to a particular technological environment or field of use. These limitations therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A -Prong Two: NO).
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As discussed above in "Step 2A - Prong 2", the requirement to execute the claimed steps/functions listed above is equivalent to adding the words "apply it" on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. These limitations therefore do not qualify as "significantly more" (see MPEP 2106.05 (f)).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
As discussed above in “Step 2A - Prong 2”, the recited additional element(s) of “wherein the first configuration comprises: a first configuration layer comprising visual representations of a plurality of applications that are executable from a memory of the first portable computer; and a second configuration layer comprising a display scheme associated with the premises; wherein displaying digital content by the interface of the first portable computer based on the first configuration comprises displaying the visual representations of the plurality of applications of the first configuration layer based on the display scheme of the second configuration layer (Claim 21, 32 and 41)” serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. These limitations therefore do not qualify as “significantly more5' (see MPEP 2106.05(g, h)).
Regarding Dependent Claims:
Dependent claims 22-30, 33-39, 42 and 43 include additional limitations that are part of the abstract idea except for:
Digital content
the computer system,
wherein the second configuration comprises: the first configuration layer comprising the visual representations of the plurality of applications, wherein the plurality of applications are further executable from a memory of the second portable computer; and the second configuration layer; wherein displaying digital content by the interface of the second portable computer based on the second configuration comprises displaying the visual representations of the plurality of applications of the first configuration layer based on the display scheme of the second configuration layer.
interfaces of the first portable computer and the second portable computer;
portable computer of the plurality of portable computers
computer storage that is remote to the first portable computer
processor
The additional elements of the dependent claims are equivalent to adding the words ''apply it'' on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. The claims are ineligible.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-30, 32-39 and 41-43 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Bearden et al. (2009/0163177) and Eriksson (2013/0222224).
Claims 21 and 32
Bearden discloses:
over a network (Bearden [0027]); See “The user interface is provided on computing devices in hotel rooms, and the computing devices are connected to a network within the hotel.”
for each portable computer of the plurality of computers, associating, by a computer system, the portable computer with a respective room identifier for a respective room of the plurality of rooms located at the premises (Bearden [0010][0030]); See at least [0030] “For example, the guest 105, Joe Bloggs, checks into the hotel and finds a thin client computer 120 [portable computer].” See also [0010] “location information associated with the computing device is a first room assignment in a hotel,”
assigning, by the computer system, for each portable computer of the plurality of portable computers, a respective configuration based on the room identifier associated with the portable computeSee at least “upon the user's 105 check-in, the computing device 120 sends an inquiry over internal network 125 to the property management system (not shown)… The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.” See also “The property management system retrieves the name of the user 105 staying in the hotel room associated with the computing device 120 and sends it to the web portal 130.”
a second configuration is assigned to a second portable computer of the plurality of portable computers based on a second room identifier associated with the second portable computer (Bearden [Figure 3][Figure 4][0045]);
Bearden does not explicitly teach a second configuration to a second portable computer. However, Bearden teaches a first configuration to a first portable computer. While Bearden does not explicitly disclose a second configuration to a second portable computer, adding the second configuration simple represents a mere Duplication of Parts. See MPEP 2144.04 VI. B: Duplication of Parts: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.). Here, the second configuration does not produce any new and/ or unexpected results by performing the same functions as the first configuration.
determining, by the computer system, status information about a first transient user, wherein the first transient user is a visitor at the premises and who is associated with the first room and the status information about the first transient user includes visitor information of the first transient user (Bearden [0015]); See at least “An advantage of the user interface is that the guest can access a variety of information and services while traveling without his/her own technology devices… An additional advantage is that stored preferences enable user interfaces to be automatically customized whenever a guest checks into the hotel a second or subsequent time.” See also [0051] “The property management system retrieves the name of the user 105 staying in the hotel room associated with the computing device 120 and sends it to the web portal 130. The web portal 130 transmits the name over internal network 125 to the computing device 120. The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.”
displaying, by an interface of the first portable computer of the plurality of portable computers, digital content based on the first configuration assigned to the first portable computer of the plurality of portable computers and the status information about the first transient user (Bearden [0029]) See at least “The computing device 120 has a user interface that displays available services and configurable guest preferences.” See also [0051] “The property management system retrieves the name of the user 105 staying in the hotel room associated with the computing device 120 and sends it to the web portal 130. The web portal 130 transmits the name over internal network 125 to the computing device 120. The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.”
wherein the first configuration comprises: a first configuration layer comprising visual representations of a plurality of applications (Beardan [Figure 3]);
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a second configuration layer comprising a display scheme associated with the premises, wherein displaying digital content by the interface of the first portable computer based on the first configuration comprises displaying the visual representations of the plurality of applications of the first configuration layer based on the display scheme of the second configuration layer (Beardan [Figures 3 and 8]). Where the figures show a personal login, as indicated by the name John Burke and the hotel “Seaport” in a theme or brand across the top [second configuration layer]. Figure 3 shows the specific applications available to John Burke at the “Seaport Hotel” which satisfies the limitation of the first configuration layer [Figure 3] being based on the second configuration layer [Figure 8].
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Bearden does not explicitly disclose a plurality of applications that are executable from a memory of the first portable computer, Eriksson teaches:
wherein the first configuration comprises: a plurality of applications that are executable from a memory of the first portable computer; (Erikson [0018]); See at least “memory configured to store application data; an input interface configured to receive input; a processor in communication with the memory and input interface.”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included in the method of providing a user interface for guest communication and information delivery on portable computers, as taught by Bearden, that the plurality of applications are executable from a memory of the first portable computer, as taught by Eriksson, to improve conventional electronic devices for generating display data (Eriksson [0004]).
Claims 22 and 33
Modified Bearden discloses the following limitations:
further comprising determining time-based information; wherein the digital content is selected based on the first configuration assigned to the first portable computer of the plurality of portable computers, the status information about the first transient user, and the time-based information (Bearden [0031]). See at least “In another example, guest Matthew Diamond [status] checks into the hotel. Matthew needs to pick up his Boston Red Sox tickets from will call, but he cannot remember what time the game starts. He clicks on the "Sports & Entertainment" section on the personal computer 120 [first configuration],… That night's game time [time-based information] is retrieved from information storage module 135 and sent back for display on the personal computer 120.”
Claims 23 and 34
Modified Bearden discloses the following limitations:
determining, by the computer system. status information about a second transient user, wherein the second transient user is a visitor at the premises and who is associated with the second room and the status information about the second transient user includes visitor information of the second transient user; and displaying, by an interface of the second portable computer of the plurality of portable computers, digital content based on the status information about the second transient user and the second configuration assigned to the second portable computer of the plurality of portable computers; (Bearden [0029]) See at least “The computing device 120 has a user interface that displays available services and configurable guest preferences.” See also [0051] “The property management system retrieves the name of the user 105 staying in the hotel room associated with the computing device 120 and sends it to the web portal 130. The web portal 130 transmits the name over internal network 125 to the computing device 120. The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.”
Bearden does not explicitly teach determining status information about a second transient user. However, Bearden teaches determining status information about a first transient user. While Bearden does not explicitly disclose determining status information about a second transient user, gathering status information about a second transient user simply represents a mere Duplication of Parts. See MPEP 2144.04 VI. B: Duplication of Parts: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.). Here, the gathering of information regarding a second transient user does not produce any new and/ or unexpected results by performing the same functions as the first configuration.
wherein the second configuration comprises: the first configuration layer comprising the visual representations of the plurality of applications, wherein the plurality of applications are further executable from a memory of the second portable computer; and the second configuration layer; wherein displaying digital content by the interface of the second portable computer based on the second configuration comprises displaying the visual representations of the plurality of applications of the first configuration layer based on the display scheme of the second configuration layer (Beardan [Figure 3 and 8]).
Claims 24 and 35
Modified Bearden discloses the following limitations:
the first configuration further comprises a configuration layer comprising information associated with the room identifier for the first room to be displayed on the interface of the first portable computer; ; (Bearden [0047][0052[Figure 4]). See at least [0052] “Reservation area 410 shows information related to user's 105 reservation such as name, room number, and reservation number..”
and the second configuration further comprises a configuration layer comprising information associated with the room identifier for the second room to be displayed on the interface of the second portable computer; (Bearden [0047]). See at least “The computing device 120 can default [first common configuration] to welcome screen shot 300 when user 105 checks into the hotel room. Welcome screenshot 300 includes the local weather forecast in weather forecast window 360.”
Bearden does not explicitly teach a second configuration for a second room for a second portable computer. However, Bearden teaches a first configuration for a first room for a first portable computer. While Bearden does not explicitly disclose a second configuration for a second room for a second portable computer, adding the second configuration simply represents a mere Duplication of Parts. See MPEP 2144.04 VI. B: Duplication of Parts: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.). Here, the second configuration for a second room does not produce any new and/ or unexpected results by performing the same functions as the first configuration.
Claim 25
Modified Bearden discloses the following limitations:
wherein the digital content indicates services offered at the premises. (Bearden [0032][Figure 3]). See at least “guest Julianne Moviestar arrives at the hotel after a long day on the movie set. Hoping a massage [services] will help her relax, she clicks on the "Health, Fitness & Spa" section on computing device 120, and a request for information on the hotel's fitness center and spa is sent over internal network 125 to web portal 130.
Claim 26
Modified Bearden discloses the following limitations:
wherein the digital content includes at least one of weather information, news, and an event at the premises. (Bearden [0047]). See at least “The lens 320 also includes various other information, as described below….The location of the user, Redmond, is also reflected along with the appropriate and relevant weather report for that city… by selecting the News link, the user will be presented with a more complete and thorough listing of the news headlines.”
Claims 27 and 36
Modified Bearden discloses the following limitations:
accepting an interaction from the first transient user via the interface of the first portable computer of the plurality of portable computers to allow the first transient user to accept an available service; and updating a user profile of the first transient user based on one or more interactions of the first transient user with the first portable computer (Bearden [0029]) See at least “When a user 105 checks into a hotel, the computing device 120 and the telephone device 115 are associated with the user 105 and the user's 105 reservation. The computing device 120 has a user interface that displays available services and configurable guest preferences. The user 105 can select a service or preference and the selection is sent via the internal network 125 to the web portal 130.” See “If the selection relates to setting guest preferences, web portal 130 sends the selection to information storage module 135. Information storage module stores the guest preference [updating a user profile] in its memory.”
Claims 28 ad 37
Modified Bearden discloses the following limitations:
wherein displaying the digital content is further based on the user profile of the first transient user, wherein the digital content comprises a home view comprising a plurality of cards each configured to provide access to associated content (Bearden [Figure 3][Figure 4][0051]); See at least “upon the user's 105 check-in, the computing device 120 sends an inquiry over internal network 125 to the property management system (not shown)… The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.” See also “The property management system retrieves the name of the user 105 [profile information] staying in the hotel room associated with the computing device 120 and sends it to the web portal 130.”
Claims 29 and 38
Modified Bearden discloses the following limitations:
terminating a user session responsive to one of a termination action taken by the first transient user and/or expiration of a time-out period; erasing information associated with the first transient user on the first portable computer responsive to the termination of the user session (Bearden [0037]); See “when user 105 checks out of a hotel [action taken], the computing device 120 and the telephone device 115 are no longer associated with user 105.”
after termination of the user session, determining, by the computer system, status information about a second transient user, wherein the second transient user is a visitor at the premises who is associated with the first room, and the status information about the second transient user includes visitor information of the second transient user; and displaying, by the interface of the first portable computer of the plurality of portable computers, digital content based on the first configuration assigned to the first portable computer of the plurality of computers and the status information about the second transient user (Bearden [Figure 3][Figure 4][0045]) and also (Bearden [0029]) See at least “The computing device 120 has a user interface that displays available services and configurable guest preferences.” See also [0051] “The property management system retrieves the name of the user 105 staying in the hotel room associated with the computing device 120 and sends it to the web portal 130. The web portal 130 transmits the name over internal network 125 to the computing device 120. The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.”
Bearden does not explicitly teach determining status information about a second transient user. However, Bearden teaches determining status information about a first transient user. While Bearden does not explicitly disclose determining status information about a second transient user, gathering information about a second transient user simply represents a mere Duplication of Parts. See MPEP 2144.04 VI. B: Duplication of Parts: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.). Here, the gathering of status information regarding a second transient user does not produce any new and/ or unexpected results by performing the same functions as the first configuration.
redisplaying, by the interface of the first portable computer, a default view of the first portable computer based on the location of the first portable computer, wherein the default view is independent of the status information of the first transient user (Bearden [0047]). See at least “The lens 320 also includes various other information, as described below….The location of the user, Redmond, is also reflected along with the appropriate and relevant weather report for that city… by selecting the News link, the user will be presented with a more complete and thorough listing of the news headlines.” See Duplication of Parts rationale which addresses the “re-displaying.”
Claims 30 and 39
Modified Bearden discloses the following limitations:
further comprising storing the user profile of the first transient user on a remote computer storage (Bearden [Figure 3][0035]). See “The information storage module 135 also transmits Jane's weather forecast location preference to the third-party server [remote computer storage], and the server transmits the weather forecast for the location via web portal 130 and internal network 125 to the computing device 120.
Claim 41
Bearden discloses the following limitations:
receive, over a network, a configuration assigned to the computer system, the configuration comprising a room identifier associated with a room of a plurality of rooms located at a premises in which the computer system is located (Bearden [Figure 3][Figure 4][0051][0052]); See at least Reservation area 410 shows information related to user's 105 reservation such as name, room number [room identifier], and reservation number.”
receive, over the network, status information about a first transient user, wherein the first transient user is a visitor at the premises and who is associated with the first room and the status information about the first transient user includes visitor information of the first transient user; (Bearden [0015]); See at least “An advantage of the user interface is that the guest [status] can access a variety of information and services while traveling without his/her own technology devices… An additional advantage is that stored preferences [visitor information] enable user interfaces to be automatically customized whenever a guest checks into the hotel a second or subsequent time.” See also [0051] “The property management system retrieves the name of the user 105 staying in the hotel room [transient user] associated with the computing device 120 and sends it to the web portal 130. The web portal 130 transmits the name over internal network 125 to the computing device 120. The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.”
display, on the display, digital content based on the configuration assigned to the computer system and the status information about the first transient user (Bearden [0029]) See at least “The computing device 120 has a user interface that displays available services and configurable guest preferences.” See also [0051] “The property management system retrieves the name of the user 105 staying in the hotel room associated with the computing device 120 and sends it to the web portal 130. The web portal 130 transmits the name over internal network 125 to the computing device 120. The computing device 120 uses the name to personalize the welcome screen so it greets the user 105 by name.”
wherein the configuration comprises: a first configuration layer comprising visual representations of a plurality of applications, wherein the plurality of applications are further executable from a memory of the computer system; and a second configuration layer comprising a display scheme associated with the premises; wherein the at least one processor is configured to display the visual representations of the plurality of applications of the first configuration layer based on the display scheme of the second configuration layer (Beardan [Figure 3 and 8]).
Claim 42
Bearden discloses the following limitations:
wherein the configuration further comprises information associated with the room identifier for the first room, wherein the at least one processor is configured to further display the information associated with the room identifier (Bearden [Figures 3-7]); Where the hotel branding “Seaport” is shown and also the room number associated with the user. Where the specification teaches a branded card or theme corresponding to a brand of the partner facility in paragraph [0010] and instant drawings show Figure 5, 570 branding.
Claim 43
Modified Bearden discloses the following limitations:
obtaining credentials from the first transient user (Beardan [0029]); See at least “When a user 105 checks into a hotel, the computing device 120 and the telephone device 115 are associated with the user 105 and the user's 105 reservation.”
retrieving application parameters from the plurality of applications from a server over a communication network using the credentials; and displaying an executed application of the plurality of applications based on the application parameters (Beardan [0011][0012][0029]). See [0029] “The computing device 120 has a user interface that displays available services and configurable guest preferences. The user 105 can select a service or preference and the selection is sent via the internal network 125 to the webportal 130.” See also the application tiles of Figure 3.
Response to Arguments
Applicant's amendments with respect to the rejection under 35 USC 112 have been fully considered and the rejection has been withdrawn.
Applicant's arguments with respect to the rejection under 35 USC 102/103 have been fully considered but they are not persuasive.
Applicant Argues: Bearden fails to disclose or render obvious "a plurality of applications that are executable from a memory of the first portable computer" as alleged.
Examiner agrees and has cited Eriksson (2013/0222224) for the teaching.
Applicant's arguments with respect to the rejection under 35 USC 101 have been fully considered but they are not persuasive.
Applicant Argues: the amended claims recite unconventional computing configurations that provide an
inventive concept beyond any alleged abstract ideas recited in the claims.
Examiner respectfully disagrees and maintains the previous response. Applicant’s alleged improvement reciting a practical application is not directed to an improvement to computer functionality/capabilities, an improvement to a computer-related technology or technological environment, and do not amount to a technology-based solution to a technology-based problem. A showing that a claim is directed to any improvement does not automatically mean a claim is patent eligible (e.g., an improved business function or an improved idea itself is not patent eligible). In this case, assigning a configuration to a device based on the user assigned to the hotel room is an abstract idea, and an “improved” way of assigning configuration is, if anything, an improvement to the idea itself. Further, but for the recitation of generic computing elements, the claims do not differ from a user’s preferences being maintained at a hotel and when checking in the front desk prepares the room to their preferences which improves their experience, not the device. Applicant claims “amended independent claim 21 directs the claim to configuring a computer associated with a room to provide an improved computing experience to a transient user of the computer who is associated with that room,” however The instant application claims to an improved computing experience for the user of the system isn’t an improvement to the device at all, it is merely an improvement to the user preferences, which is not patent eligible.
Applicant Argues: Moreover, the claimed techniques were not conventional. The cited art fails to disclose displaying visual representations of executable applications based on a display theme of a claimed configuration layer.
Examiner respectfully disagrees. Without reference to the currently pending claims, even if a claim were found to contain novel elements, such a conclusion would not automatically transform the claim into patentable subject matter. Just as it is possible for an abstract idea or other judicial exception to be novel while still remaining a judicial exception, determination of novelty under 35 U.S.C. 102 and 103 are a separate inquiry than determinations of patent subject matter eligibility under 35 U.S.C. 101
The relevant question is whether the claims here do more than simply instruct the practitioner to implement the abstract idea of associating the portable computer with a respective room identifier and display information based on the status of the user (i.e. a method of organizing human activity and an idea of itself) on a generic computer. They do not.
Taking the claim elements separately, the function performed by the computer at each step of the process is purely conventional. All of the recited computer functions (e.g. store data, retrieve data, transmit data) are well-understood, routine, conventional activities previously known to the industry. In short, each step does no more than require a generic computer to perform generic computer functions.
Considered as an ordered combination, the computer components of petitioner's method add nothing that is not already present when the steps reconsidered separately. The method claims do not, for example, purport to improve the functioning of the computer itself. Nor do they effect an improvement in any other technology or technical field. Instead, the claims at issue amount to nothing significantly more than an instruction to apply the abstract idea of associating the portable computer with a respective room identifier and display information based on the status of the user (i.e. an idea of itself) using some unspecified, generic computer. That is not enough to transform an abstract idea into a patent-eligible invention.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 RASHIDA R SHORTER whose telephone number is (571)272-9345. The examiner can normally be reached Monday- Friday from 9am- 530pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached at (571) 270-3445. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RASHIDA R SHORTER/Primary Examiner, Art Unit 3626
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