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 .
DETAILED ACTION
1. This Office Action is in response to the communication filed on July 25, 2023, which paper has been placed of record in the file.
2. Claims 1-11 and 13 are pending in this application.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted July 25, 2023, June 26, 2024 and October 30, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
4. 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.
5. Claims 1-11 and 13 are rejected under 35 U.S.C. 101 because the claim invention is directed to a judicial exception (i.e., law of nature, natural phenomenon, or abstract idea) without significantly more.
Regarding independent claim 1, which is analyzing as the following:
Step 1: This part of the eligibility analysis evaluates whether the claim falls within any statutory category. See MPEP 2106.03. The claim recites system for determining an interest degree of a guest. Thus, the claim is to a machine, which is one of the statutory categories of invention. (Step 1: YES).
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.
The claim recites a system for determining, in a service allowing a guest to observe an inside of at least one building, an interest degree of the guest with respect to the building. The claim recites the steps: detect physiological information concerning the guest; detect a location of the guest in the building; detect a predefined action of the guest in the building; determines, on the basis of the physiological information the location information, and the action information an interest degree of the guest with respect to the building, and outputs interest degree information indicative of the interest degree, under its broadest reasonable interpretation when read in light of the Specification, falls within “Certain Methods of Organizing Human Activity” grouping of abstract ideas as they cover performance of commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, business relations; managing personal behavior or relationships or interactions between people including social activities, teaching, and following rules or instructions. See MPEP 2106.04(a)(2), subsection III.
Moreover, the claim recites the steps of: determines, on the basis of the physiological information the location information, and the action information an interest degree of the guest with respect to the building, and outputs interest degree information indicative of the interest degree, as drafted, is a process that, under its broadest reasonable interpretation when read in light of the Specification, covers performance of the limitations in the mind, can be practically performed by human in their mind or with pen/paper, but for the recitation of generic computer components. That is, other than reciting “a computer/processor/automatically”, nothing in the claim elements preclude the steps from practically being performed in the mind. The mere nominal recitation of generic computing devices does not take the claim limitation out of the Mental Processes grouping of abstract ideas. Thus, if a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgment, opinion). See MPEP 2106.04(a)(2), subsection III.
Therefore, the claim recites an abstract idea. (Step 2A, Prong One: YES).
Step 2A, Prong Two: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
The claim recites the additional elements of “a sever device”; “a first sensor that detects physiological information concerning the guest and sends the physiological information to the server device”; “a second sensor that detects a location of the guest and sends location information to the server device”; and “a third sensor that detects a predefined action of the guest and sends action information to the server device”, and “the server device includes a first reception part that receives the physiological information, the location information, and the action information.”
The additional elements “a first sensor that detects physiological information concerning the guest and sends the physiological information to the server device”; “a second sensor that detects a location of the guest and sends location information to the server device”; and “a third sensor that detects a predefined action of the guest and sends action information to the server device”, and “the server device includes a first reception part that receives the physiological information, the location information, and the action information” are mere data gathering, transmitting, and receiving recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting, and receiving, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and receiving. See MPEP 2106.05. Moreover, these additional elements do not provide any improvements to the technology, improvements to the functioning of the computer, improvements to the server device and the first sensor/second sensor /third sensor, they are just merely used as general means for collecting, transmitting, and receiving data. It is similar to other concepts that have been identified by the courts Gathering and analyzing information using conventional techniques and displaying the result, TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48; Collecting information, analyzing it, and displaying certain results of the collection and analysis, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016).
Further, the steps of “receives the physiological information, the location information, and the action information; determines, on the basis of the physiological information the location information, and the action information an interest degree of the guest with respect to the building, and outputs interest degree information indicative of the interest degree”, are recited as being performed by the server device. The server device is recited at a high level of generality. In the limitations “receives the physiological information, the location information, and the action information”, the server device is used as a tool to perform the generic computer function of gathering and receiving data. See MPEP 2106.05(f). In limitations “determines, on the basis of the physiological information the location information, and the action information an interest degree of the guest with respect to the building, and outputs interest degree information indicative of the interest degree”, the server device is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The additional elements recite generic computer components the server device and software programming instructions that are recited a high-level of generality that merely perform, conduct, carry out, implement, and/or narrow the abstract idea itself. Accordingly, the additional elements evaluated individually and in combination do not integrate the abstract idea into a practical application because they comprise or include limitations that are not indicative of integration into a practical application such as adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea -- See MPEP 2106.05(f).
Moreover, these additional elements do not provide any improvements to the technology, improvements to the functioning of the computer, the server device, improvement to the sensors, or other technology. They just merely used as general means for collecting, displaying data and performing the abstract idea. They do not recite a particular machine or manufacture that is integral to the claims, and do not transform or reduce a particular article to a different state or thing.
Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application (Step 2A, Prong Two: NO), and the claim is directed to the judicial exception (Step 2A, Prong One: YES).
Step 2B: This part of the eligibility analysis evaluates whether the claim as a whole, amounts to significantly more than the recited exception i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
The additional elements “a first sensor that detects physiological information concerning the guest and sends the physiological information to the server device”; “a second sensor that detects a location of the guest and sends location information to the server device”; and “a third sensor that detects a predefined action of the guest and sends action information to the server device”, and “the server device includes a first reception part that receives the physiological information, the location information, and the action information” were found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary data gathering and outputting. However, a conclusion that an additional element is insignificant extra solution activity in Step 2A, Prong Two should be re-evaluated in Step 2B. See MPEP 2106.05, subsection I.A. At Step 2B, the evaluation of the insignificant extra-solution activity consideration takes into account whether or not the extra-solution activity is well understood, routine, and conventional in the field. See MPEP 2106.05(g).
As discussed in Step 2A, Prong Two above, the additional elements of ““a first sensor that detects physiological information concerning the guest and sends the physiological information to the server device”; “a second sensor that detects a location of the guest and sends location information to the server device”; and “a third sensor that detects a predefined action of the guest and sends action information to the server device”, and “the server device includes a first reception part that receives the physiological information, the location information, and the action information” are recited at a high level of generality. These elements amount to gathering and displaying data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The courts have recognized the following computer functions as well understood, routine, and conventional functions when they are claimed in a merely genetic manner (e.g., at a high level of generality) or as insignificant extra-solution activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
As discussed in Step 2A, Prong Two above, the recitation of the server device to perform limitations “receives the physiological information, the location information, and the action information; determines, on the basis of the physiological information the location information, and the action information an interest degree of the guest with respect to the building, and outputs interest degree information indicative of the interest degree”, amounts to no more than mere instructions to apply the exception using a generic computer component.
Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept. Therefore, the claim is not patent eligible. (Step 2B: NO).
Regarding independent claims 11 and 13, Alice Corp. establishes that the same analysis should be used for all categories of claims. Therefore, independent claim 11 directed to a device, independent claim 13 directed to a method, are also rejected as ineligible subject matter under 35 U.S.C. 101 for substantially the same reasons as independent method claim 1.
Regarding dependent claims 2-10, the dependent claims do not impart patent eligibility to the abstract idea of the independent claim. The dependent claims rather further narrow the abstract idea and the narrower scope does not change the outcome of the two-part Mayo test. Narrowing the scope of the claims is not enough to impart eligibility as it is still interpreted as an abstract idea, a narrower abstract idea.
Regarding dependent claim 2, the claim recites the additional elements: an operation terminal permitted to be operated by a host, wherein the server device further includes: a first sending part that sends the interest degree information to the operation terminal; and the operation terminal includes: a second reception part the receives the interest degree information; and a display part that displays the interest degree information received by the second reception part, which are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting, and outputting, and, as such, these limitations do not impose any meaningful limits on the claims. These limitations amount to necessary data gathering, transmitting, and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 3, the claim recites the additional elements: a first presentation device that presents to the guest descriptions…, wherein the analysis part has: a fist processing section that generates first point information by allotting the interest degree of the guest…, which are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting, and outputting, and, as such, these limitations do not impose any meaningful limits on the claims. These limitations amount to necessary data gathering, transmitting, and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 4, the claim simply refines the abstract idea by further reciting: the building includes a plurality of observable areas, and the analysis part further has a second processing section that generates second point information by analyzing…; that fall under the category of Organizing Human activity grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 5, the claim simply refines the abstract idea by further reciting: the second processing section adds a weight to each of the interest degree items…; that fall under the category of Organizing Human activity grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 6, the claim recites the additional elements: wherein the operation terminal further includes: an operation part for allowing the host to input information…; a second sending part that sends the input information…; the first reception part further receives the input information…, which are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting, and outputting, and, as such, these limitations do not impose any meaningful limits on the claims. These limitations amount to necessary data gathering, transmitting, and outputting. See MPEP 2106.05 (See claim 1 above). Moreover, the claim simply refines the abstract idea by further reciting the analysis part further has a third processing section that generates third point information by allotting the interest degree of the guest…, that fall under the category of Organizing Human activity grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 7, the claim simply refines the abstract idea by further reciting: allots the interest degree of the guest…; and adds, to the interest degree information, information indicative of an interest degree item…; that fall under the category of Organizing Human activity grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 8, the claim simply refines the abstract idea by further reciting: the at least one building incudes a plurality of buildings…, that fall under the category of Organizing Human activity grouping of abstract ideas as described above in the independent claim 1. Moreover, the claim recites the additional element the analysis part adds, to the interest degree information to be sent to the operation terminal…, which are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting, and outputting, and, as such, these limitations do not impose any meaningful limits on the claims. These limitations amount to necessary data gathering, transmitting, and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 9, the claim recites the additional elements: a second presentation device that presents to the guest descriptions…; the server device further includes: a guidance order setting part that sets, on the basis of the physiological information detected by the first sensor…, which are mere data gathering and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering, transmitting, and outputting, and, as such, these limitations do not impose any meaningful limits on the claims. These limitations amount to necessary data gathering, transmitting, and outputting. See MPEP 2106.05 (See claim 1 above). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 10, the claim simply refines the abstract idea by further reciting: a rest determination part that determines whether an action of the guest satisfied a rest condition or not…; that fall under the category of Organizing Human activity grouping of abstract ideas as described above in the independent claim 1. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Therefore, none of the dependent claims alone or as an ordered combination add limitations that qualify as significantly more than the abstract idea.
Accordingly, claims 1-11 and 13 are not draw to eligible subject matter as they are directed to an abstract idea without significantly more and are rejected under 35 USC § 101 as being directed to non-statutory subject matter.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
6. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
7. Claims 1-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frank et al. (hereinafter Frank, US 2016/0170998).
Regarding to claim 1, Frank discloses an interest degree determination system for determining, in a service allowing a guest to observe an inside of at least one building, an interest degree of the guest with respect to the building, the interest degree determination system comprising:
a server device (para [0316], In step 1, receiving, by a system comprising a processor and memory, measurements of affective response of at least five users who stayed at the hotel for at least twelve hours. Optionally, a measurement of affective response of each user is based on values acquired by measuring the user with a sensor coupled to the user during at least three different non-overlapping periods while the user was at the hotel);
a first sensor that detects physiological information concerning the guest and sends the physiological information to the server device (para [0166], A measurement of affective response of a user is obtained by measuring a physiological signal of the user and/or a behavioral cue of the user. A measurement of affective response may include one or more raw values and/or processed values (e.g., resulting from filtration, calibration, and/or feature extraction). Measuring affective response may be done utilizing various existing, and/or yet to be invented, measurement devices such as sensors. Optionally, any device that takes a measurement of a physiological signal of a user and/or of a behavioral cue of a user may be considered a sensor. A sensor may be coupled to the body of a user in various ways. For example, a sensor may be a device that is implanted in the user's body, attached to the user's body, embedded in an item carried and/or worn by the user (e.g., a sensor may be embedded in a smartphone, smartwatch, and/or clothing), and/or remote from the user (e.g., a camera taking images of the user));
a second sensor that detects a location of the guest in the building and sends location information indicative of the location to the server device (para [0209], Optionally, a measurement of affective response, which corresponds to an event involving being at the certain location and/or having an experience at the certain location, is based on values acquired by measuring the user corresponding to the event with the sensor during at least three different non-overlapping periods while the user was at the location corresponding to the event; para [0210], the system may optionally include location verifier module 505, which is configured to determine when the user is in the location. Optionally, a measurement of affective response of a user, from among the at least ten users, is based on values obtained during periods for which the location verifier module 505 indicated that the user was at the certain location. Optionally, the location verifier module 505 may receive indications regarding the location of the user from devices carried by the user (e.g., a wearable electronic device), from a software agent operating on behalf of the user, and/or from a third party (e.g., a party which monitors the user)); and
a third sensor that detects a predefined action of the guest in the building and sends action information indicative of the action to the server device (para [0308], The system may optionally include the location verifier module 505, which in one embodiment may be configured to identify when the at least five users were at the hotel. Optionally, the measurements of affective response of the at least five users are based on values acquired during periods for which the location verifier module 505 indicated that the users were at the hotel. Verifying that users are at the hotel may be done in various ways. In one example, a device of the user may indicate the location of the user (e.g., via GPS and/or joining a local network at the hotel). In another example, a billing and/or management system of the hotel may receive indication of transactions conducted by the user at the hotel (e.g., ordering room service) and/or receive indication from a room management system that the user is in his/her room in the hotel (e.g., by noting when the room's door is opened and/or locked). In yet another example, a security system of the hotel may identify when the user walks in or out of the hotel (e.g., via image analysis of video feeds obtained from security cameras)); wherein
the server device includes:
a first reception part that receives the physiological information, the location
information, and the action information (para [0236], The collection module 120 is configured to receive measurements of affective response 501, which in this embodiment comprise measurements of at least ten users; each measurement of a user corresponds to an event in which the user is at a location. Optionally, a measurement of affective response of a user, taken utilizing a sensor coupled to the user, comprises at least one of the following: a value representing a physiological signal of the user, and a value representing a behavioral cue of the user. Optionally, a measurement of affective response corresponding to an event is based on values acquired by measuring the user corresponding to the event with the sensor during at least three different non-overlapping periods while the user was at the location; para [0303], The collection module 120 is configured, in one embodiment, to receive measurements of affective response 501, which in this embodiment, comprise measurements of at least five users who stayed at the hotel for at least twelve hours. A measurement of affective response of each user, from among the at least five users, is collected using one or more sensors coupled to the user. Examples of sensors that may be used are given at least in section 1—Sensors. Optionally, a measurement of affective response of a user comprises at least one of the following: a value representing a physiological signal of the user, and a value representing a behavioral cue of the user); and
an analysis part that determines, on the basis of the physiological information, the location information, and the action information received by the first reception part, an interest degree of the guest with respect to the building, and outputs interest degree information indicative of the interest degree (para [0312], A hotel score may express various values in different embodiments. In one embodiment, a hotel score may express the average mood of users while staying at the hotel. Optionally, this value may be indicative of a level of an emotion such as a level of happiness. In another embodiment, a hotel score may express an expected level of relaxation and/or stress when staying at the hotel. In still another embodiment, a hotel score may express an expected quality of sleep and/or rest, and/or an expected duration of sleep, as a computed based on measurements of affective response of users that stayed at the hotel; para [0314], a hotel score may have multiple components, each of which may optionally be considered a separate hotel score. Optionally, each component corresponds to a certain type of activity conducted while at the hotel. For example, a hotel score may include a dining component (e.g., based on measurements taken while users dined at the hotel), a sleeping component (e.g., based on measurements taken while users slept at the hotel), and/or an activity component (e.g., based on measurements taken while users were not eating or sleeping). In another example, different regions of the hotel (the guest rooms, the restaurants, the gym, the pool, conference halls, etc.) may have separate score computed for it based on measurements acquired while users were in those regions; para [0441], the scores are indicative of a level of satisfaction of the customers while at the location. Additionally or alternatively, the scores may express other values related to being at the location, such as an average mood of customers at the store; para [0433], Such a behavior of alerts for locations is illustrated in FIG. 12. This figure illustrates scores 548 computed during different times of the day for a location 546, which is a certain area in an amusement park. The scores 546 represent levels of satisfaction of customers that are in the certain area of the amusement park, as determined based on measurements taken during a certain period of time. Each dot on the graph represents a certain score from among the scores 548, which corresponds to a certain time t, based on the position of the dot on the horizontal time line).
Regarding to claim 2, Frank discloses the interest degree determination system according to claim 1, further comprising:
an operation terminal permitted to be operated by a host, wherein (para [0506], When logged into a server hosting a virtual environment, there may be various ways in which a user may view occurrences in the virtual environment and/or interact in (or with) the virtual environment. In one embodiment, logging into a server hosting a virtual environment (or a region of a virtual environment) may enable the user to view things that are happening in the virtual environment (e.g., content generated by the virtual environment and/or actions of other users in the virtual environment). In another embodiment, a user may interact with a graphical user interface in order to participate in activities within a virtual environment):
the server device further includes (para [0503], different servers may be used for specific purposes, such as hosting a specific activity, a specific game, and/or a specific mission to be completed in a virtual world. Thus, users who want to play a certain game, complete a certain mission, etc., need to log into a specific server dedicated for that purpose):
a first sending part that sends the interest degree information to the operation terminal (para [0261], forwarding a score, such as a location score that is forwarded to a user, may involve sending the user a message that contains an indication of the score (e.g., the score itself and/or content such as a recommendation that is based on the score). Optionally, sending the message may be done by providing information that may be accessed by the user via a user interface (e.g., reading a message or receiving an indication on a screen)), and
the operation terminal includes:
a second reception part that receives the interest degree information (para [0261], Optionally, sending the message may be done by providing information that may be accessed by the user via a user interface (e.g., reading a message or receiving an indication on a screen)); and
a display part that displays the interest degree information received by the
second reception part (para [0261], Optionally, sending the message may be done by providing information that may be accessed by the user via a user interface (e.g., reading a message or receiving an indication on a screen)).
Regarding to claim 3, Frank discloses the interest degree determination system according to claim 2, further comprising:
a first presentation device that presents to the guest descriptions with concern the building and are respectively classified into a plurality of interest degree items (para [0334], the measurements of affective response of the at least five users are all taken during a certain period (e.g., during the same day or during the same week). Thus, a score computed based on the measurements may reflect on the quality of the restaurant during the certain period. For example, separate scores may be computed for lunch and dinner and/or separate scores for weekdays and weekends), wherein the analysis part has:
a first processing section that generates first point information by allotting the interest degree of the guest with respect to the building to each of the interest degree items on the basis of the physiological information detected by the first sensor during a period in which the first presentation device presents the descriptions to the guest, and representing them in a numerical form (para [0341], A score for a restaurant may express various values in different embodiments. In one embodiment, such a score may express the average mood of users while dining at the restaurant. Optionally, this value may be indicative of a level of an emotion such as a level of happiness. In another embodiment, the score may express an expected level of relaxation and/or stress when dining at the restaurant. In still another embodiment, the score may express an expected quality of the digestion of the food consumed at the restaurant (e.g., based on measurements taken during and after having a meal at the restaurant)).
Regarding to claim 4, Frank discloses the interest degree determination system according to claim 3, wherein
the building includes a plurality of observable areas (para [0307], the hotel offers more than one type of room to guests. For example, rooms may have different features, such as different sizes, be located on different floors, have different views, and/or include different amenities (e.g., a balcony, a Jacuzzi, etc.) Optionally, rooms with different features may be considered rooms of different types. Optionally, the at least five users all stayed in the same type of room in the hotel, thus, the score for the hotel may be considered a score for the certain type of room at the hotel), and
the analysis part further has:
a second processing section that generates second point information by analyzing, on the basis of the location information and the action information, an action of the guest in each of the observable areas to determine interest degrees of the guest with respect to the building, allotting them to each of the observable areas and each of the interest degree items, and representing them in the numerical form (para [0314], a hotel score may have multiple components, each of which may optionally be considered a separate hotel score. Optionally, each component corresponds to a certain type of activity conducted while at the hotel. For example, a hotel score may include a dining component (e.g., based on measurements taken while users dined at the hotel), a sleeping component (e.g., based on measurements taken while users slept at the hotel), and/or an activity component (e.g., based on measurements taken while users were not eating or sleeping). In another example, different regions of the hotel (the guest rooms, the restaurants, the gym, the pool, conference halls, etc.) may have separate score computed for it based on measurements acquired while users were in those regions).
Regarding to claim 5, Frank discloses the interest degree determination system according to claim 4, wherein the second processing section adds a weight to each of the interest degree items on the basis of the first point information in the generation of the second point information (para [0322], computing the first and second scores described above involves weighting of the measurements of the at least five users. Optionally, the method described above involves a step of weighting a measurement utilized to compute both the first and second scores with a first weight when utilized to compute the first score and with a second weight, different from the first weight, when utilized to compute the second score).
Regarding to claim 6, Frank discloses the interest degree determination system according to claim 3, wherein the operation terminal further includes:
an operation part for allowing the host to input input information, the input information being information indicative of an interest degree of the guest with respect to the building and allotted to each of the interest degree items (para [1792], an ESE may receive as part of the input (in addition to a measurement of affective response), additional information comprising feature values related to the user, experience and/or event to which the measurement corresponds. Optionally, additional information is derived from a description of an event to which the measurement corresponds); and
a second sending part that sends the input information input by a way of the
operation part to the server device (para [1795], additional information received by an ESE may include information derived from semantic analysis of communications of a user. The choice of words a user uses to communicate (in addition to the way the user says the words), may be indicative of the emotion being expressed. For example, semantic analysis may help determine whether a user is very excited or very angry. It is to be noted that semantic analysis is interpreted as determining the meaning of a communication based on its content (e.g., a textual representation of a communication)),
the first reception part further receives the input information (para [1796], additional information received by an ESE may include information derived from tracking actions of the user, and/or from eye tracking data of the user that indicates what the user is doing and/or to what the user is paying attention),
the analysis part further has:
a third processing section that generates third point information by allotting the interest degree of the guest with respect to the building to each of the interest degree items and representing them in the numerical form on the basis of the input information received by the first reception part (para [1523], an aftereffect score for a location is indicative of an extent of feeling at least one of the following emotions after visiting the location: pain, anxiety, annoyance, stress, aggression, aggravation, fear, sadness, drowsiness, apathy, anger, happiness, contentment, calmness, attentiveness, affection, and excitement. Optionally, the aftereffect score is indicative of a magnitude of a change in the level of the at least one of the emotions due to visiting the location).
Regarding to claim 7, Frank discloses the interest degree determination system according to claim 1, wherein the analysis part
allots the interest degree of the guest with respect to the building to each of the
interest degree items (para [0312], A hotel score may express various values in different embodiments. In one embodiment, a hotel score may express the average mood of users while staying at the hotel. Optionally, this value may be indicative of a level of an emotion such as a level of happiness. In another embodiment, a hotel score may express an expected level of relaxation and/or stress when staying at the hotel), and
adds, to the interest degree information, information indicative of an interest
degree item in which the guest is estimated to be most interested among the interest degree items (para [0312], a hotel score may express an expected quality of sleep and/or rest, and/or an expected duration of sleep, as a computed based on measurements of affective response of users that stayed at the hotel).
Regarding to claim 8, Frank discloses the interest degree determination system according to claim 2, wherein
the at least one building includes a plurality of buildings having concepts similar to or different from each other (para [0773], a hotel may be any lodging that provides a person with a room in which the user may sleep. Thus, a hotel may be an establishment that offers multiple rooms (to multiple guests) and/or has a single room to offer (e.g., a room offered on an online service such as Airbnb)),
the analysis part adds, to the interest degree information to be sent to the operation terminal when the host guides the guest to a certain building, information indicative of another building having a concept similar to the certain building (para 1037], Position of the location—The position indicates the relative place of the location (in a larger environment). For example, the descriptor may indicate where a building is on a map of a city (e.g., using an icon or text indicating that position). In another example, the position may be indicated utilizing an image presented in augmented reality on top of an image).
Regarding to claim 9, Frank discloses the interest degree determination system according to claim 2, wherein the at least one building includes a plurality of buildings, further comprising:
a second presentation device that presents to the guest a description concerning the buildings, wherein (para [1732], Location information. Data about a location a user is in and/or data about the change in location of the user (such as the velocity of the user and/or acceleration of the user) may be used in some embodiments to determine what experience the user is having. Optionally, the information may be obtained from a device of the user (e.g., the location may be determined by GPS)):
the server device further includes:
a guidance order setting part that sets, on the basis of the physiological information detected by the first sensor during a period in which the second presentation device presents the description to the guest, a guidance order of the buildings for the guest (para [0782], determining when a user stayed at a hotel may be done utilizing the location verifier 505. For example, location verifier may determine from a device of a user (e.g., via GPS, Bluetooth, and/or Wi-Fi signals) when the user was at the hotel. In another example, the location verifier module 505 may determine from billing information (e.g., credit card transactions and/or a digital wallet transaction) when the user paid for the hotel, and deduce from that a window of time during which the user was at the hotel. In yet another example, the location verifier module 505 may receive information from one or more of the following software systems indicating when the user was at the hotel: a room ordering system, a room management system (e.g., a “smart” room controller), and a security system of the hotel (e.g., a system that includes cameras and face recognition)).
Regarding to claim 10, Frank discloses the interest degree determination system according to claim 1, wherein the server device further includes:
a rest determination part that determines whether an action of the guest satisfies a rest condition or not, and sets rest information for the guest if the action satisfies the rest condition (para [0425], generation of alerts about customer satisfaction at a location. The alerts may be generated if satisfaction levels of customers at the location fall below a certain satisfaction-threshold. In such a case, one or more entities may be notified (e.g., human manager and/or software that manages an experience at the location) in order for them to be able to take steps to improve the experience the customers are having at the location).
Regarding to claim 11, Frank discloses a server device included in an interest degree determination system for determining, in a service that allows a guest to observe an inside of at least one building, an interest degree of the guest with respect to the building, the server device comprising:
a reception part that
receives, from a first sensor for detecting physiological information concerning the guest and sending the physiological information, the physiological information (para [0166], A measurement of affective response of a user is obtained by measuring a physiological signal of the user and/or a behavioral cue of the user. A measurement of affective response may include one or more raw values and/or processed values (e.g., resulting from filtration, calibration, and/or feature extraction). Measuring affective response may be done utilizing various existing, and/or yet to be invented, measurement devices such as sensors. Optionally, any device that takes a measurement of a physiological signal of a user and/or of a behavioral cue of a user may be considered a sensor. A sensor may be coupled to the body of a user in various ways. For example, a sensor may be a device that is implanted in the user's body, attached to the user's body, embedded in an item carried and/or worn by the user (e.g., a sensor may be embedded in a smartphone, smartwatch, and/or clothing), and/or remote from the user (e.g., a camera taking images of the user));
receives, from a second sensor for detecting a location of the guest in the building and sending location information indicative of the location, the location information (para [0209], Optionally, a measurement of affective response, which corresponds to an event involving being at the certain location and/or having an experience at the certain location, is based on values acquired by measuring the user corresponding to the event with the sensor during at least three different non-overlapping periods while the user was at the location corresponding to the event; para [0210], the system may optionally include location verifier module 505, which is configured to determine when the user is in the location. Optionally, a measurement of affective response of a user, from among the at least ten users, is based on values obtained during periods for which the location verifier module 505 indicated that the user was at the certain location. Optionally, the location verifier module 505 may receive indications regarding the location of the user from devices carried by the user (e.g., a wearable electronic device), from a software agent operating on behalf of the user, and/or from a third party (e.g., a party which monitors the user)); and
receives, from a third sensor for detecting a predefined action of the guest in the building and sending action information indicative of the action, the action information (para [0308], The system may optionally include the location verifier module 505, which in one embodiment may be configured to identify when the at least five users were at the hotel. Optionally, the measurements of affective response of the at least five users are based on values acquired during periods for which the location verifier module 505 indicated that the users were at the hotel. Verifying that users are at the hotel may be done in various ways. In one example, a device of the user may indicate the location of the user (e.g., via GPS and/or joining a local network at the hotel). In another example, a billing and/or management system of the hotel may receive indication of transactions conducted by the user at the hotel (e.g., ordering room service) and/or receive indication from a room management system that the user is in his/her room in the hotel (e.g., by noting when the room's door is opened and/or locked). In yet another example, a security system of the hotel may identify when the user walks in or out of the hotel (e.g., via image analysis of video feeds obtained from security cameras)); and
an analysis part that determines, on the basis of the physiological information, the location information, and the action information received by the reception part, an interest degree of the guest with respect to the building, and outputs interest degree information indicative of the interest degree (para [0312], A hotel score may express various values in different embodiments. In one embodiment, a hotel score may express the average mood of users while staying at the hotel. Optionally, this value may be indicative of a level of an emotion such as a level of happiness. In another embodiment, a hotel score may express an expected level of relaxation and/or stress when staying at the hotel. In still another embodiment, a hotel score may express an expected quality of sleep and/or rest, and/or an expected duration of sleep, as a computed based on measurements of affective response of users that stayed at the hotel; para [0314], a hotel score may have multiple components, each of which may optionally be considered a separate hotel score. Optionally, each component corresponds to a certain type of activity conducted while at the hotel. For example, a hotel score may include a dining component (e.g., based on measurements taken while users dined at the hotel), a sleeping component (e.g., based on measurements taken while users slept at the hotel), and/or an activity component (e.g., based on measurements taken while users were not eating or sleeping). In another example, different regions of the hotel (the guest rooms, the restaurants, the gym, the pool, conference halls, etc.) may have separate score computed for it based on measurements acquired while users were in those regions; para [0441], the scores are indicative of a level of satisfaction of the customers while at the location. Additionally or alternatively, the scores may express other values related to being at the location, such as an average mood of customers at the store; para [0433], Such a behavior of alerts for locations is illustrated in FIG. 12. This figure illustrates scores 548 computed during different times of the day for a location 546, which is a certain area in an amusement park. The scores 546 represent levels of satisfaction of customers that are in the certain area of the amusement park, as determined based on measurements taken during a certain period of time. Each dot on the graph represents a certain score from among the scores 548, which corresponds to a certain time t, based on the position of the dot on the horizontal time line).
Claim 13 is written in method and contains the same limitations found in claim 1 above, therefore, is rejected by the same rationale.
Conclusion
8. Claims 1-11 and 13 are rejected.
9. The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Quagliata (US 2019/0287193) discloses an event engine is executed to manage an open house event of property including scheduling of a date and time of the open house event, and the scheduling of a prospective buyer. A statistics engine is executed to record open house real estate data including attribute data of the prospective buyer prior to and/or during an open house event.
Silvernail (US 2015/0310523) discloses a property video listing system is provided including an Internet-connected server configured to: provide a website for receiving a plurality of video files from a user to upload in association with a property listing;
Lynch et al. (US 2022/0189075) disclose a system and method of preparing an augmented reality (AR) composite view, configured to create, edit, store, and display information, highlight property features, provide visualizations, and display location information during in-person real estate showings/open houses and during vacation rental property stays.
Brophy (US 11,145,016) discloses rental property management technology, in which reservation data is accessed on a rental property management server, and a request from a mobile device for an upcoming reservation at a property is detected.
Greenberger et al. (US 2019/0362406) disclose a topic based conversation retrieval system and method may include receiving information related to a location or orientation of a user in a retail environment, determining the location or orientation of the user, determining a product of interest for the user based at least in part on the location or orientation of the user.
Gabriele et al. (US 2019/0095925) disclose the system may detect customer biometric data associated with an unknown customer present at a merchant location.
Merati (US 2019/0037134) disclose an apparatus, system and method to ensure accurate and complete video representation of a property. A mobile device receives information from a trusted source of various physical attributes of a property.
Greenberger et al. (US 2018/0189810) disclose a method for processing user feedback of a retail venue. The method includes requesting a feedback response from a mobile device upon the mobile device leaving the retail venue, receiving the feedback response indicating a user dissatisfaction because the user could not locate at least one retail item while present in the retail venue.
Jefferson et al. (US 2018/0122209) disclose methods, and systems utilizing one or more commonly available sensors to actively monitor one or more particular environments based on data received from one or more physical sensors and virtual sensors (e.g., physical sensors “fused” to provide more useful information) regarding one or more attributes of the environments being monitored.
Hurewitz (US 2014/0363059) disclose a retail store is provided with both physical retail products and a virtual interactive product display. A system is provided that monitors a customer's movements, product interactions, and purchase behavior while looking at both physical items and while using the virtual interactive product display.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner NGA B NGUYEN whose telephone number is (571) 272-6796. The examiner can normally be reached on Monday-Friday 7AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Beth Boswell can be reached on (571) 272-6737. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGA B NGUYEN/Primary Examiner, Art Unit 3625 May 29, 2026
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