DETAILED ACTION
Status of Claims
The following is an office action in response to the communication filed on July 15, 2025.
Claims 1, 2, 5, 14, 16-17 are amended.
Claim 18 is newly added.
Claims 1-18 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 18 is objected to because of the following informalities: “controlling the display device to output the image of an inside of the building with, in the image” (page 8, line 3)” should be -- controlling the display device to output the image of an inside of the building within the image--. Appropriate correction is required.
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 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1
Claims 1-13 are directed to an article of manufacture, Claims 14-15 and 18 are directed to a machine, Claim 16 is directed to a process, and Claim 17 is directed to an article of manufacture. Therefore, the claims are directed to one of the four statutory categories (Step 1: YES) MPEP 2106.03.
Step 2A
It is determined whether the claims are directed to a judicially recognized exception (see
MPEP 2106.04). Step 2A is a two-prong inquiry.
Prong 1 of Step 2A
It is determined whether the claim recites a judicial exception (YES). Taking Claim 1 as
representative, the claim recites the following limitations that recite an abstract idea, including:
A payment assistance apparatus comprising: at least one storage device configured to store instructions; and at least one processor configured to execute the instructions to:
control biometric authentication, based on a captured image of a predetermined user being captured at a payment place;
decide display information, based on qualification information relating to a service that is available to the user and requires payment, which is associated with biometric information about the user, when the biometric authentication succeeds;
and display the decided display information in a position associated with the user in the captured image being displayed on a display device installed at the payment place.
The above limitations, under their broadest reasonable interpretation, fall within the “certain methods of organizing human activity” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(II), in that they recite commercial interactions. Claims 14, 16, and 17 recite similar limitations as claim 1.
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Accordingly, under Prong 1 of Step 2A, claims 1, 14, 16, and 17 recite an abstract idea (Step 2A, Prong 1: YES). MPEP 2106.04(a).
Prong 2 of Step 2A
It is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea).
Claim 1 recites the additional elements of at least one storage device configured to store instructions, at least one processor configured to execute the instructions, and a display device. Claim 14 recites the additional elements of an image capture device, at least one storage device configured to store instructions, at least one processor configured to execute the instructions, and a display device. Claim 16 recites the additional elements of a computer and a display device.
Claim 17 recites the additional elements of a non-transitory computer-readable medium, a computer, and a display device. These additional elements are recited at a high-level of generality such that they amount do no more than mere instructions to apply the exception using generic computer components.
Additionally, the independent claims merely invoke these additional elements as a tool to perform the abstract idea. MPEP 2106.05(f). Further, the additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). MPEP 2106.05(h). Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application. As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the limitations of claims 1, 14, 16, and 17 are not indicative of integration into a practical application (Step 2A, Prong Two: NO). MPEP 2106.04(d).
Furthermore, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the limitations of claims 1, 14, 16, and 17 are not indicative of integration into a practical application (Step 2A, Prong Two: NO). MPEP 2106.04(d).
Since claims 1, 14, 16, and 17 recite an abstract idea and fail to integrate the abstract idea into a practical application, claims 1, 14, 16, and 17 are “directed to” an abstract idea under Step 2A (Step 2A: YES). MPEP 2106.04(d).
Step 2B
It is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
As discussed above under Prong 2 of Step 2A with respect to the integration of the abstract idea into a practical application, the identified additional elements are
merely invoked as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment.
Even when considered as an ordered combination, the additional elements of claims 1, 14, 16, and 17 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1, 14, 16, and 17 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (Step 2B: NO). MPEP 2106.05.-
Dependent claims, 2-13 ,15 and 18, when analyzed as a whole are held to be patent ineligible under 35 U.S.C. § 101 because they do not add “significantly more” to the abstract idea.
More specifically, dependent claims, 2-13, 15 and 18, further fall within the “Certain methods of organizing human activity” grouping of abstract ideas in that they recite sales activities or behaviors. Claims 2-13, 15 and 18 do not introduce new additional elements and as such are not indicative of integration into a practical application for at least similar reasons discussed above. As such, under Prong 2 of Step 2A, the dependent claims are not indicative of integration into a practical application for at least similar reasons as discussed above. Thus, dependent claims 2-13, 15 and 18 are “directed to” an abstract idea.
Next, under Step 2B, similar to the analysis of claims 1, 14, 16, and 17 the dependent claims analyzed individually, and as an ordered combination, merely invoke such additional elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment and, therefore, do not amount to significantly more than the abstract idea itself.
Therefore, under the Subject Matter Eligibility test, claims 1-18 are ineligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 5, 7-10, 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Loof (U.S. 20020186133 A1), hereinafter Loof, in view of Kim et. al. (U.S. 20170085691 A1), hereinafter Kim.
Regarding Claim 1, Loof discloses a payment assistance apparatus comprising: at least one storage device configured to store instructions; and at least one processor configured to execute the instructions to (Loof see at least: “Selecting the information to be displayed can include use of a computer program that includes at least one subroutine selected from an expert system, a rule-base algorithm, an artificial neural network, and an artificial intelligence algorithm, the computer program using this information retrieved from the database.” [0018]):
control biometric authentication, based on a captured image of a predetermined user being captured at a payment place (Loof see at least: “The customer can present an identification card, which can be read by an RF or magnetic field, or if biometrics are implemented, the customer's may present the appropriate hand, finger, eye, voice, or the like for sensing by optics, acoustics, or laser, and/or the customer's facial features may be sensed. If the customer is not on the access list at 48, access is denied at 50” [0030] and “The customer will enter credit and purchase information at 86, which will include the customer's preferred method of payment and may be a credit card number, store credit application, checking account number for debit transactions, and the like. If biometrics are used for access control, the customer will enter sample biometrics to establish a baseline for the customer to be recognized in the future.” [0033]);
decide display information, based on qualification information relating to a service that is available to the user and requires payment, which is associated with biometric information about the user, when the biometric authentication succeeds (Loof see at least: “if biometrics are implemented, the customer's may present the appropriate hand, finger, eye, voice, or the like for sensing by optics, acoustics, or laser, and/or the customer's facial features may be sensed … Once added to the access list, the customer essentially becomes a member of the store and can enter the store in the future quickly and easily. The access list is the list of names 40 that have database, entries 30-3N, as shown in FIG. 2.” [0030]; content displayed is determined by analyzing information contained in the customer’s file [0027]; advertising and pricing of various items is communicated to the customer through the display (abstract). Examiner notes that the qualification data equates to the database entry associated with the customer name.);
and display the decided display information in a position associated with the user on a display device installed at the payment place (Loof see at least: “The system can further include a display pre-positioned in the controlled area to display selected information to the member. In addition, a display adjacent the article for sale can be provided to display pricing and other selected information, the information can include information intended only for that particular member.” [0013]).
Loof does not disclose the display information being associated with a position of the user in the captured image. However, Kim displaying information in a position associated with the user in the captured image (Kim see at least: “According to an embodiment, the processor 120 may detect people corresponding to respective family group members in the representative image by performing the face recognition based on the profile photos of the family group members and configure the user interface 1200 to display relationship information (for example, father, mother, younger brother, and me) of the family members at locations close to the detected people.” [0220] and see Fig. 12).
These known techniques are applicable to the method of Loof as they both share characteristics and capabilities, namely, they are directed to a system for payment assistance through verification of a person through facial recognition (Kim see at least: “More specifically, according to FIG. 20, the processor 120 may configure a user interface for payment to share a payment function between particular group members. For example, when a group profile includes credit card payment information of group members (for example, father and daughter) of a particular group (for example, family group), the processor 120 may configure a user interface 2000 to allow all or some of the group members who share the group profile to perform payment based on the credit card payment information as illustrated in FIG. 20.” [0257- 0258]).
It would have been obvious to one of ordinary skill in the art that applying the known technique of the display information being associated with a position of a user in the captured image, as taught by Kim, to the teachings of Loof, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Kim, would have been recognized by those of ordinary skill in the art as resulting in an improved method that allows for easy exchange of user payment information (Kim see at least: [0138]).
Regarding Claim 2, Loof in view of Kim teaches the apparatus of claim 1. Loof further discloses the qualification information satisfies a predetermined condition, decide, as the display information, information indicating that the user is a target person of the service (Loof see at least: “Once added to the access list, the customer essentially becomes a member of the store and can enter the store in the future quickly and easily. The access list is the list of names 40 that have database, entries 30-3N, as shown in FIG. 2.” [0030] and “If the customer is on the access list, access is granted at 54, and the customer's file, 30-3N, is opened at 56 for logging in new information associated with the current store visit to add to the database of the customer's buying habits.” [0031] Examiner equates a predetermined condition with whether or not the user is on the access list and the qualification data with having a database entry associated with the customer name. Examiner notes the buying habits indicate the user is a target person).
Regarding Claim 5, Loof in view of Kim teaches the apparatus of Claim 1. Loof further discloses wherein the service includes discount of a payment amount (Loof see at least: “If the item selected is purchased 20, a coupon dispenser 22 can be activated to generate coupons selected for the specific customer.” [0028]).
Regarding Claim 7, Loof in view of Kim teaches the apparatus of Claim 1. Loof further discloses decide the display information, based on a frequency with which the user visits a predetermined facility (Loof see at least: “Each customer file 30 contains, for example, the customer name 40, credit and purchase information 42, and relevant information consisting of the customer's buying habits 43. … Buying habits 43 can include, but is not limited to, … date and times of shopping, a track of the customer's location in the store and the amount of time spent in various locations.” [0029] and “If the customer is on the access list, access is granted at 54, and the customer's file, 30-3N, is opened” [0031] and In addition, a display adjacent the article for sale can be provided to display pricing and other selected information, the information can include information intended only for that particular member.” [0013]).
Regarding Claim 8, Loof in view of Kim teaches the apparatus of Claim 1. Loof further discloses decide the display information, based on preference information about the user (Loof see at least: “Each customer file 30 contains, for example, the customer name 40, credit and purchase information 42, and relevant information consisting of the customer's buying habits 43. … Buying habits 43 can include, but is not limited to, personal data about the customer, such as physical, gender, chronological, and social data and personal preferences” [0029] and “The system can further include a display pre-positioned in the controlled area to display selected information to the member. In addition, a display adjacent the article for sale can be provided to display pricing and other selected information, the information can include information intended only for that particular member.” [0013]).
Regarding Claim 9, Loof in view of Kim teaches the apparatus of Claim 1. Loof further discloses wherein the qualification information includes a service type being applicable to the user, and wherein the at least one processor is further configured to execute the instructions to: decide the display information being associated with a service type included in the qualification information (Loof see at least: “If the item selected is purchased 20, a coupon dispenser 22 can be activated to generate coupons selected for the specific customer.” [0028] and “The displayed pricing and advertising will be directed only to the particular customer, and may include addressing that customer by name.” [0036] Examiner notes that service type is being equated to discounted service with the coupon).
Regarding Claim 10, Loof in view of Kim teaches the apparatus of Claim 1. Loof in view of Kim does not disclose display the display the information in such a way as to surround a face of the user in the captured image. However, Kim teaches display the display the information in such a way as to surround a face of the user in the captured image (Kim see at least: “According to FIG. 14, the processor 120 may configure a user interface 1400 including a group name such as an office (co-worker)’, an image related to office group members … profile images of the office group members, an image related to a business trip destination” [0236] see Figure 14, to see profile images surrounded by labels and related image).
It would have been obvious to one of ordinary skill in the art that applying the known technique to display the display the information in such a way as to surround a face of the user in the captured image, as taught by Kim, to the teachings of Loof, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Kim, would have been recognized by those of ordinary skill in the art as resulting in an improved method that allows for easy exchange of user payment information (Kim see at least: [0138]).
Regarding Claim 12, Loof in view of Kim teaches the apparatus of Claim 1. Loof further discloses receive the qualification information issued for the user and biometric information acquired from the user, and register the received qualification information and the received biometric information in association with each other, determine the qualification information being associated with biometric information about a user who succeeds in the biometric authentication, and decide the display information, based on the determined qualification information (Loof see at least: “Referring to FIG. 3, when a customer attempts to enter the store, the access control system must be initiated at 46. … if biometrics are implemented, the customer's may present the appropriate hand, finger, eye, voice, or the like for sensing by optics, acoustics, or laser, and/or the customer's facial features may be sensed. … Once added to the access list, the customer essentially becomes a member of the store and can enter the store in the future quickly and easily. The access list is the list of names 40 that have database, entries 30- 3N, as shown in FIG. 2.” [0030] and “If the customer is on the access list, access is granted at 54, and the customer's file, 30-3N, is opened at 56 for logging in new information associated with the current store visit to add to the database of the customer's buying habits.” [0031] and “Information to be displayed on the communication subsystem is determined by analyzing data stored in the database associated with the member and the location of the member within the controlled area, the data includes the purchasing habits of the member.” [0011] Examiner notes that the qualification data equates with having a database entry associated with the customer name and the logging in new information associated with the current store visit equates to registering the received qualified information and biometric information).
Regarding Claim 13, Loof in view of Kim teaches the apparatus of Claim 12. Loof further discloses wherein when the registration means receives the qualification information issued for the user from a predetermined registration terminal, transmit a registration request for biometric information to the registration terminal, and receive biometric information acquired from the user in the registration terminal in response to the registration request (Loof see at least: “Loof see at least: “Referring to FIG. 3, when a customer attempts to enter the store, the access control system must be initiated at 46. … if biometrics are implemented, the customer's may present the appropriate hand, finger, eye, voice, or the like for sensing by optics, acoustics, or laser, and/or the customer's facial features may be sensed. … Once added to the access list, the customer essentially becomes a member of the store and can enter the store in the future quickly and easily. The access list is the list of names 40 that have database, entries 30-3N, as shown in FIG. 2.” [0030] and “If the customer is on the access list, access is granted at 54, and the customer's file, 30-3N, is opened at 56 for logging in new information associated with the current store visit to add to the database of the customer's buying habits.” [0031] Examiner notes that the qualification data equates with having a database entry associated with the customer name and the logging in new information associated with the current store visit equates to registering the received qualified information and biometric information).
Regarding Claim 14, Loof discloses a payment assistance system comprising: a display device installed at a payment place (Loof see at least: “the customer will be loaned a suitable communication device for use within the store. The customer will enter credit and purchase information at 86, which will include the customer's preferred method of payment and may be a credit card number, store credit application, checking account number for debit transactions, and the like. If biometrics are used for access control, the customer will enter sample biometrics to establish a baseline for the customer to be recognized in the future.” [0033]);
an image-capturing device configured to capture a user at the payment place (Loof see at least: “The customer will enter credit and purchase information at 86, which will include the customer's preferred method of payment and may be a credit card number, store credit application, checking account number for debit transactions, and the like. If biometrics are used for access control, the customer will enter sample biometrics to establish a baseline for the customer to be recognized in the future.” [0033] Examiner notes that biometrics includes optical methods);
an authentication apparatus in which biometric information about a predetermined user is registered (Loof see at least: “Referring to FIG. 3, when a customer attempts to enter the store, the access control system must be initiated at 46. … if biometrics are implemented, the customer's may present the appropriate hand, finger, eye, voice, or the like for sensing by optics, acoustics, or laser, and/or the customer's facial features may be sensed.” [0030] and “If the customer is on the access list, access is granted at 54, and the customer's file, 30-3N, is opened at 56 for logging in new information associated with the current store visit to add to the database of the customer's buying habits.” [0031]).
a payment assistance apparatus comprising, wherein the payment assistance apparatus includes: at least one storage device configured to store instructions; and at least one processor configured to execute the instructions to (Loof see at least: “Selecting the information to be displayed can include use of a computer program that includes at least one subroutine selected from an expert system, a rule-base algorithm, an artificial neural network, and an artificial intelligence algorithm, the computer program using this information retrieved from the database.” [0018]):
control biometric authentication using the authentication apparatus, based on a captured image of the user being captured by the image-capturing device (Loof see at least: “The customer can present an identification card, which can be read by an RF or magnetic field, or if biometrics are implemented, the customer's may present the appropriate hand, finger, eye, voice, or the like for sensing by optics, acoustics, or laser, and/or the customer's facial features may be sensed. If the customer is not on the access list at 48, access is denied at 50” [0030] and “The customer will enter credit and purchase information at 86, which will include the customer's preferred method of payment and may be a credit card number, store credit application, checking account number for debit transactions, and the like. If biometrics are used for access control, the customer will enter sample biometrics to establish a baseline for the customer to be recognized in the future.” [0033]);
decide display information, based on qualification information relating to a service that is available to the user and requires payment, which is associated with biometric information about the user, when the biometric authentication succeeds (Loof see at least: “If the customer is on the access list, access is granted at 54, and the customer's file, 30-3N, is opened at 56 for logging in new information associated with the current store visit to add to the database of the customer's buying habits.” [0031]; content displayed is determined by analyzing information contained in the customer’s file [0027]; advertising and pricing of various items is communicated to the customer through the display (abstract).);
and display the decided display information associated with the user in the captured image being displayed on the display device (Loof see at least: “The system can further include a display pre-positioned in the controlled area to display selected information to the member. In addition, a display adjacent the article for sale can be provided to display pricing and other selected information, the information can include information intended only for that particular member.” [0013]).
Loof does not disclose the display information being associated with a position of the user in the captured image. However, Kim displaying information in a position associated with the user in the captured image (Kim see at least: “According to an embodiment, the processor 120 may detect people corresponding to respective family group members in the representative image by performing the face recognition based on the profile photos of the family group members and configure the user interface 1200 to display relationship information (for example, father, mother, younger brother, and me) of the family members at locations close to the detected people.” [0220]).
These known techniques are applicable to the method of Loof as they both share characteristics and capabilities, namely, they are directed to a system for payment assistance through verification of a person through facial recognition (Kim see at least: “More specifically, according to FIG. 20, the processor 120 may configure a user interface for payment to share a payment function between particular group members. For example, when a group profile includes credit card payment information of group members (for example, father and daughter) of a particular group (for example, family group), the processor 120 may configure a user interface 2000 to allow all or some of the group members who share the group profile to perform payment based on the credit card payment information as illustrated in FIG. 20.” [0257- 0258]).
It would have been obvious to one of ordinary skill in the art that applying the known technique of the display information being associated with a position of a user in the captured image, as taught by Kim, to the teachings of Loof, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Kim, would have been recognized by those of ordinary skill in the art as resulting in an improved method that allows for easy exchange of user payment information (Kim see at least: [0138]).
Regarding Claim 15, which recites limitations directed towards a payment assistance method, the limitations are parallel in nature to those addressed above for Claim 2 and are therefore rejected for those same reasons as set forth above in Claim 2.
Regarding Claim 16, which recites limitations directed towards a payment assistance method, the limitations are parallel in nature to those addressed above for Claim 1 and are therefore rejected for those same reasons as set forth above in Claim 1.
Regarding Claim 17, which recites limitations directed towards a non-transitory computer- readable medium for performing a payment assistance method, the non-transitory computer- readable medium storing a payment assistance program causing a computer to execute: (Loof see at least: “Selecting the information to be displayed can include use of a computer program that includes at least one subroutine selected from an expert system, a rule-base algorithm, an artificial neural network, and an artificial intelligence algorithm, the computer program using this information retrieved from the database.” [0018]). The limitations are otherwise parallel in nature to those addressed above for Claim 1 and are therefore rejected for those same reasons set forth above in Claim 1.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Loof (U.S. 20020186133 A1), in view of Kim et. al. (U.S. 20170085691 A1), in further view of Hendrickson (U.S. 20110040655 A1), hereinafter Hendrickson.
Regarding Claim 3, Loof in view of Kim teaches the apparatus of Claim 2. Loof in view of Kim teaches determine whether the predetermined condition is satisfied held in a facility including the payment place in addition to the qualification information, and decide the display information when the qualification information satisfy the predetermined condition (Loof see at least: “Once added to the access list, the customer essentially becomes a member of the store and can enter the store in the future quickly and easily. The access list is the list of names 40 that have database, entries 30-3N, as shown in FIG. 2.” [0030] and “If the customer is on the access list, access is granted at 54, and the customer's file, 30-3N, is opened at 56 for logging in new information associated with the current store visit to add to the database of the customer's buying habits.” [0031] Examiner equates a predetermined condition with whether or not the user is on the access list and the qualification data with having a database entry associated with the customer name).
However, Hendrickson teaches determine whether the predetermined condition is satisfied in consideration of an event content held in a facility including the payment place in addition to the qualification information, and decide the display information when the qualification information and the event content satisfy the predetermined condition (Hendrickson see at least: “As illustrated in FIG. 8B, the system detects at 814 that the customer has entered a seat GPS Zone based on the location of his/her seat touch screen on the fixed seat display or on the location of the customer's mobile device. At 815, the system determines whether the identified customer has a pre-arranged food/drink order for the current event (concert, flight, etc.). … Once an event is detected at 815 or the customer decides at 816 to access his/her TES account, the member logs into TES using a card swipe, a biometric scan, key fob, etc. at the customer's seat using the seat point-of-service based system or the customer's mobile device at 817. … The system then determines at 828 how the customer would like to pay. Payment security verification is added at 829 and the paid event is submitted to the vendor's paid queue and a customer confirmation is sent at 830. If the member is finished with his/her order (event), tickets/receipts are printed and delivered to the customer at his/her seat location or GPS position at 832.” [0114] Examiner notes that event content is equated to the preordered food/drink order associated with the customer).
These known techniques are applicable to the method of Loof as they both share characteristics and capabilities, namely, they are directed to an apparatus for authenticating data in a consumer profile database (Hendrickson see at least: “other methods of accessing the web based profile database located in the customer's possession or in/near vendor properties and connected to the server via the Internet, for example. The customer's identity at the point of purchase is verified either by GPS recognition of the customer's phone, user name, e-mail address, key fob, access card, biometric hand or finger scan, retinal scan, password, or other terminal kiosk, touch screen, or mobile application of the like.” [0024]).
It would have been obvious to one of ordinary skill in the art that applying the known technique of determine whether the predetermined condition is satisfied in consideration of an event content held in a facility including the payment place in addition to the qualification information, and decide the display information when the qualification information and the event content satisfy the predetermined condition, as taught by Hendrickson, to the teachings of Loof in view of Kim, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Hendrickson, would have been recognized by those of ordinary skill in the art as resulting in an improved method that allows for customization of services to the customer and reduction of customer wait time (Hendrickson see at least: [0163]).
Regarding Claim 4, Loof in view of Kim teaches the apparatus of Claim 2. Loof in view of Kim does not teach wherein the qualification information includes seat information about a predetermined viewing facility, and wherein the at least one processor is further configured to execute the instructions to: determine that the predetermined condition is satisfied when seat information included in the qualification information is included in a specific seat group. However, Hendrickson teaches wherein the qualification information includes seat information about a predetermined viewing facility, and wherein the at least one processor is further configured to execute the instructions to: determine that the predetermined condition is satisfied when seat information included in the qualification information is included in a specific seat group (Hendrickson see at least: “As illustrated in FIG. 8B, the system detects at 814 that the customer has entered a seat GPS Zone based on the location of his/her seat touch screen on the fixed seat display or on the location of the customer's mobile device. … Once an event is detected at 815 or the customer decides at 816 to access his/her TES account, the member logs into TES using a card swipe, a biometric scan, key fob, etc. at the customer's seat using the seat point-of-service based system or the customer's mobile device at 817” [0114]).
It would have been obvious to one of ordinary skill in the art that applying the known technique of wherein the qualification information includes seat information about a predetermined viewing facility, and wherein the at least one processor is further configured to execute the instructions to: determine that the predetermined condition is satisfied when seat information included in the qualification information is included in a specific seat group, as taught by Hendrickson, to the teachings of Loof in view of Kim, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Hendrickson, would have been recognized by those of ordinary skill in the art as resulting in an improved method that allows for customization of services to the customer and reduction of customer wait time (Hendrickson see at least: [0163]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Loof (U.S. 20020186133 A1), in view of Kim et. al. (U.S. 20170085691 A1), in further view of Jung (U.S. 20210286863 A1), hereinafter Jung.
Regarding Claim 6, Loof in view of Kim teaches the apparatus of Claim 1. Loof in view of Kim does not teach wherein the qualification information includes age information about the user, and wherein the at least one processor is further configured to execute the instructions to: decide, as the display information, information indicating that purchase of a specific product group is not permitted when age information included in the qualification information indicates a person under age. However, Jung teaches wherein the qualification information includes age information about the user, and wherein the at least one processor is further configured to execute the instructions to: decide, as the display information, information indicating that purchase of a specific product group is not permitted when age information included in the qualification information indicates a person under age (Jung see at least: “Thus when the user later attempts to authenticate with the system, the system will compare derived gender, age, and ethnicity obtained from authentication images (using biometric analysis to determine such data or estimates thereof based on processing) with the stored gender, age, and ethnicity to determine whether or not to authenticate the user. For example, if the derived data for gender, age and ethnicity matches the stored enrollment credentials, then the authentication is successful or this aspect of the authentication is successful.” [0140]).
These known techniques are applicable to the method of Loof as they both share characteristics and capabilities, namely, they are directed to a system for biometric authentication (Jung see at least: “In another example, a user may “indirectly provide” a user input by “providing waves” to an input unit of a data processing terminal, … information related to a user input such as, e.g., an image of a user, … Therefore, when an input unit acquires an image of a user for authenticating a face, an iris, or a retina, such an image is deemed as a user input.” [0201]).
It would have been obvious to one of ordinary skill in the art that applying the known technique of wherein the qualification information includes age information about the user, and wherein the at least one processor is further configured to execute the instructions to: decide, as the display information, information indicating that purchase of a specific product group is not permitted when age information included in the qualification information indicates a person under age, as taught by Jung, to the teachings of Loof in view of Kim, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Jung, would have been recognized by those of ordinary skill in the art as resulting in an improved method that allows for safer storage of data (Jung see at least: [0141]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Loof (U.S. 20020186133 A1), in view of Kim et. al. (U.S. 20170085691 A1), in further view of Hunter (U.S. 20130282438 A1), hereinafter Hunter.
Regarding Claim 11, Loof in view of Kim teaches the apparatus of Claim 1. While Loof in view of Kim teaches multiple customers information being stored, it does not teach two customers waiting in line to pay (Loof see at least: “The information contained within database can also be used to anticipate possible future purchases, forecast inventory requirements, and as a valuable marketing list of customers whose buying habits are precisely known.” [0035]).
However, Hunter teaches wherein the user includes an intended payment person lining up in order to perform payment behind a current payment target person at the payment place (Hunter see at least: “For example, users may wait in line to pay for merchandise, return products, and/or receive user service assistance. … If users are near point-of-sale devices, such as computing devices configured to perform as cash registers or user kiosks, the central server may transmit relevant, authorized payment authentication information for use in the retail store.” [0407] Examiner notes that multiple users indicates a current target payment person and an intended payment person in line and “For example, the local computing device may display a picture of the user on a connected LCD screen so that a customer service agent using the local computing device may recognize the user waiting in line.” [0422]).
These known techniques are applicable to the method of Loof in view of Kim as they both share characteristics and capabilities, namely, they are directed to a system for determining profile information associated with a user after identifying them (Hunter see at least: “Once the user is identified as being within proximity of a proximity broadcast receiver, the central server may be configured to identify profile information associated with the user and relevant to the proximity broadcast receiver and/or a registered service deploying the proximity broadcast
receiver.” [0007]).
It would have been obvious to one of ordinary skill in the art that applying the known technique of wherein the user includes an intended payment person lining up in order to perform payment behind a current payment target person at the payment place, as taught by Hunter, to the teachings of Loof in view of Kim, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Hunter, would have been recognized by those of ordinary skill in the art as resulting in an improved method that protects the privacy of the user and protects against security breaches (Hunter see at least: [0088]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Loof (U.S. 20020186133 A1), in view of Kim et. al. (U.S. 20170085691 A1), in further view of Zhang (U.S. 20170358104), hereinafter Zhang.
Regarding Claim 18, Loof in view of Kim teaches the system of Claim 14. While Loof in view of Kim teaches the payment place comprising a building where the highlight indicates at least part of one of the decided display information and the qualification information (Loof see at least: “the customer will be loaned a suitable communication device for use within the store (building). The customer will enter credit and purchase information. If biometrics are used for access control, the customer will enter sample biometrics to establish a baseline for the customer to be recognized in the future.” [0033]; content displayed is determined by analyzing information contained in the customer’s file [0027]; advertising and pricing of various items is communicated to the customer through the display (abstract)).
However, the combination of Loof and Kim does not teach controlling the display device to output an image of an inside of the building within the image, the user shown with a highlight over at least a face of the user. The combination teaches a self-checkout system and method that incorporates access control, electronic article surveillance, and allows marketing advertisements and pricing to be directed to a specific individual (Loof, abstract). The communication subsystem is kept with the authorized member within the controlled area and includes a display displaying information to the member [Loof, 0011]. Information to be displayed on the communication subsystem is determined by analyzing data stored in the database associated with the member and the location of the member within the controlled area, the data includes the purchasing habits of the member [Loof, 0011]. Furthermore, the combination teaches a camera that can photograph an image and a video [Kim, 0092]. The processor configures a user interface to display not only basic information such as a group name, an image related to the group members, an image indicating a location of the group members, an image related to a trip destination but also additional information such as a date, relationships information of the group members [Kim, 0253].
Zhang, on the other hand, teaches controlling the display device to output an image of an inside of the building within the image, the user shown with a highlight over at least a face of the user (Zhang see at least: a system and method for shadow assisted object recognition and tracking in videos [0019]. Fig. 1 shows a video image depicting people’s images. It is noted that along with each person’s image there are shadow images which is generated by two light sources in the stadium. In addition, there are people located in a box 150 (Fig. 1) of the video frame image. [0025 and Figure 1] Examiner notes the box is interpreted as a highlight and the stadium is interpreted as an inside of a building.)
These known techniques are applicable to the method of Loof in view of Kim as they both share characteristics and capabilities, namely, they are directed to a system for determining profile information associated with a user after identifying them (Zhang: see at least: identifies shadow image projection of each person and the foreground image for each person and shadow image projection [0046]).
It would have been obvious to one of ordinary skill in the art that applying the known technique of controlling the display device to output an image of an inside of the building within the image, the user shown with a highlight over at least a face of the user, as taught by Zhang, to the teachings of Loof in view of Kim, would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, the addition of the teachings of Zhang, would have been recognized by those of ordinary skill in the art as resulting in an improved method to track and locate moving object(s) for use in security and surveillance (Zhang [0002]).
Response to Arguments
Applicant's arguments filed July 15, 2025 have been fully considered but they are not persuasive.
Claim Rejections – 35 USC 101
Applicant’s remarks that “the pending claims are dissimilar to the MPEP 2106.04(a)(2)(II)(B) examples for the rejections’ abstract idea, at least in not reciting a present, active commercial or legal interaction, is material since the term ‘certain’ of the overall USPTO abstract idea subgrouping “certain methods of organizing human activity” is noted by MPEP 2106.04(a)(2)(II) as a ‘reminder of several important points’ including that the meaning of rejections’ cited ‘commercial or legal interactions’ is ‘not be expanded beyond these enumerated subgroupings except in rare circumstances’”.
The examiner disagrees. The MPEP enumerates groupings of abstract ideas, thereby synthesizing the holdings of various court decisions to facilitate examination. See MPEP 2106.04. Among the enumerated groupings is the Certain Methods of Organizing Human Activity grouping, which includes activity that falls within the enumerated sub-grouping of commercial or legal interactions, including subject matter relating to agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. With respect to the claims, the examiner notes authentication based on image of a user, display information based on qualification information that requires payment associated with authentication information about the user, and when authentication succeeds, display the information associated with a user in order to purchase a product. These recitations represent certain methods of organizing human activity. Paragraph [0010] of the specification illustrates that the object of the disclosure is to provide a payment assistance for reducing a load on payment execution person (such as a salesperson) of confirming a qualification for service of a payment target person to purchase the product. These limitations fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in the MPEP, in that they recite commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); and managing personal
behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). Specifically, the limitations of claim 1 represent sales activities and
behaviors because the limitations recite the authentication of a user and displaying qualified information of the user so as to process a payment. These are sales activities because they pertain to a payment process to purchase a good or product (Spec: [0030]). Accordingly, these claims recite Certain Methods of Organizing Human Activity.
Claim Rejections – 35 USC 103
Regarding the rejection claim 1:
Applicant remarks that” Loof and Kim do not reasonably suggest that the alleged display information is decided ‘based on qualification information relating to a service that is available to the requires payment’ and ‘being displayed on a display device installed at the payment place’.
The examiner does not agree. Loof discloses, teaches and/or suggests “based on qualification information relating to a service that is available and requires payment” and “being displayed on a display device installed at the payment place”. Loof discloses a self-checkout system and method that includes an access control subsystem to restrict access to a controlled area which includes a database containing a list of authorized members and a communication subsystem for communicating with the authorized member [0011]. For example, when a customer attempts to enter a store, the access control system must be initiated. The customer, if implementing biometrics, presents the their hand, finger, eye, voice, or the like for sensing for optics, acoustics, or lasers and/or the customer’s facial feature is sensed [0030]. Entry to the controlled area is permitted only to an authorized member, the controlled area contains articles of merchandise for sale. The communication subsystem within the controlled area and includes a display displaying information to the authorized member. The member is tracked throughout the controlled area. Information to be displayed on the communication subsystem is determined by analyzing data stored in the databased associated with the member and the location of the member within the controlled area. [See 0011] The system further includes a purchase subsystem for completing a sale of articles to the member [0012]. The system further includes a display prepositioned in the controlled area to display selected information to the member [0013]. The content displayed is determined by analyzing information contained in the customer’s file which constitutes the customer’s purchasing habits. The customer’s file includes a record of the customer tracking data correlated to date and time. Items that the customer selects from the store’s shelves are recorded. These items can be added to the customer’s cart for purchase. The customer can also request additional information about the item which can be displayed. [See 0027] The customer’s file further includes credit and purchase information which can be selected method of payment [0029]. Therefore, Loof discloses, teaches and/or suggests the display information recited above.
Regarding the rejection independent claims 14, 16 and 17
Examiner directs Applicant’s attention to the response pertaining to claim 1.
Regarding the rejection of dependent claims 2-13 and 15
Examiner directs Applicant’s attention to the response pertaining to claim 1.
New Claim
The new claim is claim 18 not claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 00/28484 to Baird discloses a self-service terminal for controlling access to facility such as a sports stadium. The terminal has means for identifying a user by using biometrics for capturing an image of a user’s iris. Terminal also has means for receiving payment and includes a display screen.
U.S. Patent Application Publication No. 20080249867 to Angell et al. discloses a system for generating customized marketing messages to increase purchases by a customer. An item selected by
the customer is identified to form a selected item. Biometric readings for the customer are received from a set of biometric devices associated with a retail facility.
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.
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Marissa Thein
Supervisory Patent Examiner
Art Unit 3625
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689
Prosecution Insights