DETAILED ACTION
This action is in reply to the Amendments filed on 05/21/2026.
Claims 1-20 are rejected.
Claims 1-20 are currently pending and have been examined.
Response to Amendment
Applicant’s amendment, filed 05/21/2026, has been entered.
Priority
This patent Application claims priority from Foreign Application No. JP2022-188709 filed 11/25/2022. This benefit has been received and acknowledged and therefore, the instant claims receive the effective filing date of 11/25/2022.
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 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories. All the claims are directed to one of the four statutory categories (YES).
Under Step 2A in MPEP 2106.04, it is determined whether the claims are directed to a judicially recognized exception. Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 11 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
-a plurality of store ordering servers configured to manage in-store order information for individual stores in a plurality of stores;
-a mobile ordering server configured to manage mobile order information received from mobile terminals for the plurality of stores; and
-a server device connected to the plurality of store ordering servers and the mobile ordering server via a network, the server device including:
-a communication interface connectable the network; and
-a control unit configured to:
-acquire, via the communication interface, first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store in the plurality of stores via a mobile ordering application on a mobile terminal of the customer;
-store the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table;
-acquire second order information, via the communication interface, from the store ordering server of the store, the second order information including information about items ordered by the customer from the store via an in-store ordering system of the store;
-store the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table; and
-output third order information from the slip information management table to the mobile ordering server or the mobile terminal of the customer, the third order information being obtained by combining the first order information and the second order information of the customer
The above limitations recite the concept of managing order data and combining first and second order information. The above limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a).
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)
The limitations of store the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table; and store the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table are processes that, under their broadest reasonable interpretation, cover a commercial interaction. For example, “store” and “store” in the context of this claim encompass advertising, and marketing or sales activities.
Similarly, the limitations of a plurality of store ordering servers configured to manage in-store order information for individual stores in a plurality of stores; a mobile ordering server configured to manage mobile order information received from mobile terminals for the plurality of stores; and acquire, via the communication interface, first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store in the plurality of stores via a mobile ordering application on a mobile terminal of the customer; acquire second order information, via the communication interface, from the store ordering server of the store, the second order information including information about items ordered by the customer from the store via an in-store ordering system of the store; and output third order information from the slip information management table to the mobile ordering server or the mobile terminal of the customer, the third order information being obtained by combining the first order information and the second order information of the customer are processes that, under their broadest reasonable interpretation, cover a commercial interaction. That is, other than reciting that the managing of in-store order information is by a plurality of store ordering servers, that the managing of mobile order information is by a mobile ordering server, that the mobile order information is received from mobile terminals, that the acquiring is via the communication interface, that the first order information is from the mobile ordering server, that the items are ordered via a mobile ordering application on a mobile terminal of the customer, that the acquiring is via the communication interface and from the store ordering server, and that the third order information is output to the mobile ordering server or the mobile terminal, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “plurality of store ordering servers,” “mobile ordering server,” “mobile terminals for the plurality of stores,” “the communication interface,” “a mobile ordering application on a mobile terminal of the customer,” and “the store ordering server,” language, “manage,” “manage,” “acquire,” “acquire,” and “output” in the context of this claim encompasses advertising, and marketing or sales activities.
Under Prong 2, 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).
-a plurality of store ordering servers configured to manage in-store order information for individual stores in a plurality of stores;
-a mobile ordering server configured to manage mobile order information received from mobile terminals for the plurality of stores; and
-a server device connected to the plurality of store ordering servers and the mobile ordering server via a network, the server device including:
-a communication interface connectable the network; and
-a control unit configured to:
-acquire, via the communication interface, first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store in the plurality of stores via a mobile ordering application on a mobile terminal of the customer;
-store the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table;
-acquire second order information, via the communication interface, from the store ordering server of the store, the second order information including information about items ordered by the customer from the store via an in-store ordering system of the store;
-store the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table; and
-output third order information from the slip information management table to the mobile ordering server or the mobile terminal of the customer, the third order information being obtained by combining the first order information and the second order information of the customer
The additional elements of claim 11 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) as supported by paragraph [0038] of Applicant’s specification – “The order terminal 7, the kitchen printer 8, and the POS terminal 9 are widely known devices in the related art.” Specifically, the additional elements of a plurality of store ordering servers, a mobile ordering server, mobile terminals for the plurality of stores, a server device connected to the plurality of store ordering servers and the mobile ordering server via a network, a communication interface connectable the network, a control unit, a mobile ordering application, a mobile terminal of the customer, and the store ordering server of the store are recited at a high-level of generality (i.e. as a generic processor performing the generic computer functions of managing data, acquiring data, storing data, and output data) such that they amount do no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. 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). For example, stating that the method is computer-implemented only generally links the commercial interactions to a computer environment. 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.
Additionally, 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.
Accordingly, the judicial exception is not integrated into a practical application.
Under 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).
In the case of claim 11, taken individually or as a whole, the additional elements of claim 11 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Claim 1 is an information processing apparatus reciting similar functions as claim 11. Examiner notes that claim 1 recites the additional elements of a communication interface, a mobile ordering server, a store ordering server, a control unit, a mobile ordering application, and a mobile terminal of the customer, however, claim 1 does not qualify as eligible subject matter for similar reasons as claim 11 indicated above.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Therefore, claim 1 does not provide an inventive concept and do not qualify as eligible subject matter.
Dependent claims 2-10 and 12-20, 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 2-10 and 12-20 further fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas in that they recite commercial interactions. Dependent claims 2-10 and 12-20 recite the additional elements of the control unit, the communication interface, the store ordering server, a storage unit, the mobile ordering server, the mobile terminal, and the mobile device, but similar to the analysis under prong two of Step 2A these additional elements are used as a tool to perform the abstract idea. As such, under prong two of Step 2A, claims 2-10 and 12-20 are not indicative of integration into a practical application for at least similar reasons as discussed above. Thus, dependent claims 2-10 and 12-20 are “directed to” an abstract idea. Next, under Step 2B, similar to the analysis of claims 1 and 11, dependent claims 2-10 and 12-20 when analyzed individually and as an ordered combination, merely further define the commonplace business method (i.e. combining first and second order information) being applied on a general-purpose computer and, therefore, do not amount to significantly more than the abstract idea itself. Accordingly, the Examiner concludes that there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amounts to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-7, 11-12, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tajiri et al. (US 2016/0042441 A1), hereinafter Tajiri, in view of Momose et al. (US 2005/0209963 A1), hereinafter Momose.
Regarding claim 1, Tajiri discloses an information processing apparatus, comprising:
-a communication interface connectable to a mobile ordering server and a store ordering server (Tajiri, see at least: “The network 10 realizes an information exchange function among the main system 20, the shop system 30, the data site 40, and the mobile terminal 46” [0042]); and
-a control unit (Tajiri, see at least: “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors” [0087]) configured to:
-acquire, via the communication interface, first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store via a mobile ordering application on a mobile terminal of the customer (Tajiri, see at least: “Though an order from a customer is made through the ordering terminal 233 in the description above, an order can be made through the mobile terminal 46 [i.e. acquire first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store] directly to the kitchen terminal 235. Further, for example, a program that enables an order directly to a specific shop via the data site 40 is installed in the mobile terminal 46 [i.e. via a mobile ordering application on a mobile terminal of the customer]” [0054] and “When reservation of a table and an order for food is made through the mobile terminal 46 of a customer [i.e. acquire first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store] and the customer arrives at the shop, information of this is sent to the kitchen terminal, and, for example, “YES” is stored in the corresponding visitor field 1405, and information for identifying the table, e.g., a table number “3”, is stored in a table number field 1406” [0058] and “The network 10 [i.e. via the communication interface] realizes an information exchange function among the main system 20, the shop system 30, the data site 40, and the mobile terminal 46” [0042] and “the customer's mobile terminal 46 and the in-shop ordering terminal 233 have the same functions, which may be realized by installing a program equivalent to that of the ordering terminal 233 in the customer's mobile terminal 46 [i.e. via a mobile ordering application on a mobile terminal of the customer]” [0059]);
-store the acquired first order information in a slip information management table for the store (Tajiri, see at least: “the following describes a method of managing an order content of the user name “abc_ooo” and “ty.sub.—2368” in the user 1 order field 16201. When the user name “abc_ooo” orders, for example, two plates of “Surf Clam”, information “Surf Clam” is stored in the item name field 162311 of the user 1 order field 16201 [i.e. store the acquired first order information in a slip information management table for the store], and “2” is stored in the amount field 162312. Further, when the price for the surf clam is 1,000 Yen per plate, “2000” is stored in the money amount field 162313 of the user 1 order field 16201. Further, when the ordered surf clam is served, “DONE” is stored in the serving field 162314” [0070] and Fig. 11);
-acquire second order information, via the communication interface, from the store ordering server of the store, the second order information including information about items ordered by the customer from the store via an in-store ordering system of the store (Tajiri, see at least: “A case where an order is directly made through a mobile terminal of a customer is described above. The following describes a process for simultaneously using a shop terminal after the customer arrives at the shop and is seated. When a direct order is made through the mobile terminal 46 of a customer and reservation on a table of a shop is accepted or reservation on a table is made prior to the order through the mobile terminal 46 of a customer, information that reservation is accepted is stored … the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal [i.e. acquire second order information the second order information including information about items ordered by the customer from the store via an in-store ordering system of the store]” [0056] and “A shop terminal 231 includes a shop server 2311 [i.e. from the store ordering server of the store], a database (simply referred to as DB below) 2312, and the like, and is connected to a POS system 232 and further connected to the main system 20 via an in-shop network 237 and the network 10” [0046] and “The network 10 [i.e. via the communication interface] realizes an information exchange function among the main system 20, the shop system 30, the data site 40, and the mobile terminal 46” [0042]);
-store the acquired second order information in the slip information management table for the store (Tajiri, see at least: “the following describes a method of managing an order content of the user name “abc_ooo” and “ty.sub.—2368” in the user 1 order field 16201. When the user name “abc_ooo” orders, for example, two plates of “Surf Clam”, information “Surf Clam” is stored in the item name field 162311 of the user 1 order field 16201, and “2” is stored in the amount field 162312. Further, when the price for the surf clam is 1,000 Yen per plate, “2000” is stored in the money amount field 162313 of the user 1 order field 16201. Further, when the ordered surf clam is served, “DONE” is stored in the serving field 162314. Further, when there is additionally an order 2, each information is stored in the order 2 field 16232 [i.e. store the acquired second order information in the slip information management table for the store] in the same manner as the order 1 field 16231. The sum of the money amount of these orders is stored in the corresponding total money amount field 1625” [0070] and Fig. 11); and
-output third order information from the slip information management table to the mobile ordering server or the mobile terminal of the customer, the third order information being obtained by combining the first order information and the second order information of the customer (Tajiri, see at least: “After the settlement is complete through various kinds of payment means as described above, the POS processor 2321 may send information that is necessary at last to the ticketing processing device 295 so as to issue a receipt. In other cases, when the payment is made through means relating to the card or the mobile terminal 46, such information may be written into a card or may be sent to the mobile terminal 46 [i.e. output third order information to the mobile ordering server or the mobile terminal of the customer]” [0084] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order [i.e. the third order information being obtained by combining the first order information and the second order information of the customer] made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged” [0056] and “the following describes a method of managing an order content of the user name “abc_ooo” and “ty.sub.—2368” in the user 1 order field 16201. When the user name “abc_ooo” orders, for example, two plates of “Surf Clam”, information “Surf Clam” is stored in the item name field 162311 of the user 1 order field 16201, and “2” is stored in the amount field 162312. Further, when the price for the surf clam is 1,000 Yen per plate, “2000” is stored in the money amount field 162313 of the user 1 order field 16201. Further, when the ordered surf clam is served, “DONE” is stored in the serving field 162314. Further, when there is additionally an order 2, each information is stored in the order 2 field 16232 [i.e. third order information from the slip information management table] in the same manner as the order 1 field 16231. The sum of the money amount of these orders is stored in the corresponding total money amount field 1625” [0070] and Fig. 11).
Tajiri does not explicitly disclose storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table; and storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table.
Momose, however, teaches a table containing order records (i.e. [0141]), including the known technique of storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table (Momose, see at least: “The product number field stores the identification number (product code) of each item [i.e. each individual ordered item in the first order information], and the product count field stores the number of items identified by the product number that were ordered” [0147] and “Each order record in this received order data file OF has the following fields: record number, terminal ID, product order number, item count, product number, product count, payment method, credit card number, product order receipt printed, credit card receipt printed, paid [i.e. each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table], kitchen instructions printed, and order delivered” [0142] and “The record numbers are assigned by the data processing server 50 (server control unit 56) in the order in which the first data [i.e. store the acquired first order information] for each order (record) is received” [0141] and Fig. 3 shows a table [i.e. in a slip information management table for the store] that includes two different items ordered from terminal A (A01 [i.e. store the acquired first order information] and A02) and that each product code has an associated ‘paid (flag)’ field [i.e. each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table]); and
the known technique of storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table (Momose, see at least: “The product number field stores the identification number (product code) of each item, and the product count field stores the number of items identified by the product number that were ordered” [0147] and “Each order record in this received order data file OF has the following fields: record number, terminal ID, product order number, item count, product number, product count, payment method, credit card number, product order receipt printed, credit card receipt printed, paid [i.e. each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table], kitchen instructions printed, and order delivered” [0142] and “The record numbers are assigned by the data processing server 50 (server control unit 56) in the order in which the first data for each order (record) is received” [0141] and Fig. 3 shows a table [i.e. in the slip information management table for the store] that includes two different items ordered from terminal A (A01 and A02 [i.e. store the acquired second order information]) and that each product code has an associated ‘paid (flag)’ field [i.e. each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table]). These known techniques are applicable to the information processing apparatus of Tajiri as they both share characteristics and capabilities, namely, they are directed to a table containing order records.
It would have been recognized that applying the known techniques of storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table; and storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table, as taught by Momose, to the teachings of Tajiri 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 information processing apparatuses. Further, adding the modifications of storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table; and storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table, as taught by Momose, into the information processing apparatus of Tajiri would have been recognized by those of ordinary skill in the art as resulting in an improved information processing apparatus that would allow for real-time inventory management and sale management to be possible even with orders paid for by cash (Momose, [0252]).
Regarding claim 2, Tajiri in view of Momose teaches the information processing apparatus according to claim 1. Tajiri further discloses:
-wherein the first order information includes a store ID of the store, and the control unit is further configured to output, via the communication interface, the first order information to the store ordering server (Tajiri, see at least: “Though an order from a customer is made through the ordering terminal 233 in the description above, an order can be made through the mobile terminal 46 directly to the kitchen terminal 235. Further, for example, a program that enables an order directly to a specific shop [i.e. wherein the first order information includes a store ID of the store] via the data site 40 is installed in the mobile terminal 46 … The communication therebetween is made via the network 10 and the in-shop network 237. Further, a program that receives an order from the mobile terminal 46 is previously installed in the kitchen terminal 235, and the received order content is displayed in an output device (not shown). In the kitchen, a cook or someone can respond to the content, and furthermore, for example, an order of a menu that is available all the time for order can be automatically accepted and a response can be made to the mobile terminal 46 which made the order. Acceptance of an order is sent to the shop terminal 231 via the in-shop network 237 [i.e. the control unit is further configured to output, via the communication interface, the first order information to the store ordering server]” [0054] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. the control unit is further configured to]” [0087] and “FIG. 2 shows a configuration of the shop system 30. [i.e. to the store ordering server] A shop terminal 231 includes a shop server 2311, a database (simply referred to as DB below) 2312, and the like, and is connected to a POS system 232 and further connected to the main system 20 via an in-shop network 237 and the network 10. Further, the POS system 232 is connected to a POS display device 291, a POS input device 292, a coin processing device 293, a note processing device 294, a ticketing processing device 295, a card processing device 296, and the like. Further, the in-shop network 237 is connected to an ordering terminal 233, a staff terminal 234, a kitchen terminal 235, and further connected to an order reception/generation system 236 that manages supplies for tasks of a shop, and to a signage (not shown)” [0046]).
Regarding claim 4, Tajiri in view of Momose teaches the information processing apparatus according to claim 1. Tajiri further discloses:
-wherein the third order information is output to the mobile ordering server (Tajiri, see at least: “After the settlement is complete through various kinds of payment means as described above, the POS processor 2321 may send information that is necessary at last to the ticketing processing device 295 so as to issue a receipt. In other cases, when the payment is made through means relating to the card or the mobile terminal 46, such information may be written into a card or may be sent to the mobile terminal 46 [i.e. wherein the third order information is output to the mobile ordering server]” [0084] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. the third order information]” [0056] and “Further, for example, a program that enables an order directly to a specific shop via the data site 40 is installed in the mobile terminal 46 [i.e. the mobile ordering server]” [0054]).
Regarding claim 5, Tajiri in view of Momose teaches the information processing apparatus according to claim 4. Tajiri further discloses:
-wherein transaction settlement is performed by the mobile ordering server based on the third order information (Tajiri, see at least: “When the series of order processes [i.e. based on the third order information] above are processed through the mobile terminal 46 [i.e. wherein transaction settlement is performed by the mobile ordering server], for example, a biometric identification function provided to the mobile terminal 46 may be used for identity verification” [0065] and “instead of a card, a payment function provided with the mobile terminal 46 may be used [i.e. wherein transaction settlement is performed by the mobile ordering server]. Further, the process may be performed according to a password that is set on the mobile terminal side” [0079] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. based on the third order information]” [0056]).
Regarding claim 6, Tajiri in view of Momose teaches the information processing apparatus according to claim 1. Tajiri further discloses:
-wherein the third order information is output to the store ordering server after being output to the mobile terminal for confirmation by the customer (Tajiri, see at least: “the following describes the settlement for the user 1. For example, when an input indicating that the customer intends to settle the payment is made according to the display screen (not shown) through the ordering terminal 233 and the mobile terminal 46 [i.e. after being output to the mobile terminal for confirmation by the customer], the processor 310 of the kitchen terminal 235 checks whether serving on orders are complete and whether the total money amount is correct [i.e. wherein the third order information is output to the store ordering server], for example, according to the program loaded in the memory 320 of the kitchen terminal 235. When it is determined that the settlement can be made, information “COMPLETE” is stored in the settlement field 1624 of the user 1 order field 16201” [0071] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. wherein the control unit is further configured to]” [0087]).
Regarding claim 7, Tajiri in view of Momose teaches the information processing apparatus according to claim 1. Tajiri further discloses:
-wherein the third order information is output to the mobile terminal (Tajiri, see at least: “After the settlement is complete through various kinds of payment means as described above, the POS processor 2321 may send information that is necessary at last to the ticketing processing device 295 so as to issue a receipt. In other cases, when the payment is made through means relating to the card or the mobile terminal 46, such information may be written into a card or may be sent to the mobile terminal 46 [i.e. wherein the third order information is output to the mobile terminal]” [0084] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. the third order information]” [0056]).
Regarding claim 11, an order management system, comprising:
-a plurality of store ordering servers configured to manage in-store order information for individual stores in a plurality of stores (Tajiri, see at least: “FIG. 2 shows a configuration of the shop system 30. A shop terminal 231 includes a shop server 2311 [i.e. a plurality of store ordering servers], a database (simply referred to as DB below) 2312, and the like, and is connected to a POS system 232 and further connected to the main system 20 via an in-shop network 237 and the network 10” [0046] and “The shop system 30 manages information on shops [i.e. configured to manage in-store order information for individual stores] and sends information such as sales results of shops to the main system 20 via the network 10” [0044] and Fig 1 ref number 30 indicates there are a plurality of shop systems [i.e. a plurality of store ordering servers and individual stores in a plurality of stores]);
-a mobile ordering server configured to manage mobile order information received from mobile terminals for the plurality of stores (Tajiri, see at least: “the customer's mobile terminal 46 and the in-shop ordering terminal 233 have the same functions, which may be realized by installing a program equivalent to that of the ordering terminal 233 in the customer's mobile terminal 46 [i.e. a mobile ordering server configured to manage mobile order information received from mobile terminals for the plurality of stores]” [0059]); and
-a server device connected to the plurality of store ordering servers and the mobile ordering server via a network (Tajiri, see at least: “The main system 20 [i.e. a server device] stores therein information on sales results of each individual shop gathered by the shop system 30 and sends information to any individual shop as needed. The information on sales results of each individual shop may be stored in a management system (server) 44 or a cloud 42 via the network 10” [0043] and “The mobile terminal 46, the ordering terminal 233, the staff terminal 234, and the kitchen terminal 235, which are the main parts of the present invention, have the same configuration and the equivalent functions basically … These terminals overall are referred to below as a terminal 300” [0051] and “FIG. 3 shows a configuration of the terminal 300. A processor 310 controls the terminal 300, and a memory 320 is used for controlling the processor 310 … An interface 350 is connected to the main system 20 via the network 10 and the in-shop network 237 [i.e. connected to the plurality of store ordering servers and the mobile ordering server via a network]” [0052] and “Each table is loaded in the POS memory 2322 of the POS system 232 and processed by the POS processor 2321 according to a program loaded in the POS memory 2322. However, this process may be processed by other systems such as the shop system 30, main system 20 [i.e. a server device], and the cloud 42 instead of the POS system 232” [0081] and Fig. 1), the server device including:
-a communication interface connectable the network (Tajiri, see at least: “The network 10 [i.e. a communication interface connectable the network] realizes an information exchange function among the main system 20, the shop system 30, the data site 40, and the mobile terminal 46” [0042]); and
-a control unit (Tajiri, see at least: “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors” [0087]) configured to:
-acquire, via the communication interface, first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store in the plurality of stores via a mobile ordering application on a mobile terminal of the customer (Tajiri, see at least: “Though an order from a customer is made through the ordering terminal 233 in the description above, an order can be made through the mobile terminal 46 [i.e. acquire first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store] directly to the kitchen terminal 235. Further, for example, a program that enables an order directly to a specific shop via the data site 40 is installed in the mobile terminal 46 [i.e. via a mobile ordering application on a mobile terminal of the customer]” [0054] and “When reservation of a table and an order for food is made through the mobile terminal 46 of a customer [i.e. acquire first order information from the mobile ordering server, the first order information including information about items ordered by a customer from a store] and the customer arrives at the shop, information of this is sent to the kitchen terminal, and, for example, “YES” is stored in the corresponding visitor field 1405, and information for identifying the table, e.g., a table number “3”, is stored in a table number field 1406” [0058] and “The network 10 [i.e. via the communication interface] realizes an information exchange function among the main system 20, the shop system 30, the data site 40, and the mobile terminal 46” [0042] and “the customer's mobile terminal 46 and the in-shop ordering terminal 233 have the same functions, which may be realized by installing a program equivalent to that of the ordering terminal 233 in the customer's mobile terminal 46 [i.e. via a mobile ordering application on a mobile terminal of the customer]” [0059] and Fig 1 ref number 30 indicates there are a plurality of shop systems [i.e. a store in the plurality of stores]);
-store the acquired first order information in a slip information management table for the store (Tajiri, see at least: “the following describes a method of managing an order content of the user name “abc_ooo” and “ty.sub.—2368” in the user 1 order field 16201. When the user name “abc_ooo” orders, for example, two plates of “Surf Clam”, information “Surf Clam” is stored in the item name field 162311 of the user 1 order field 16201 [i.e. store the acquired first order information in a slip information management table for the store], and “2” is stored in the amount field 162312. Further, when the price for the surf clam is 1,000 Yen per plate, “2000” is stored in the money amount field 162313 of the user 1 order field 16201. Further, when the ordered surf clam is served, “DONE” is stored in the serving field 162314” [0070] and Fig. 11);
-acquire second order information, via the communication interface, from the store ordering server of the store, the second order information including information about items ordered by the customer from the store via an in-store ordering system of the store (Tajiri, see at least: “A case where an order is directly made through a mobile terminal of a customer is described above. The following describes a process for simultaneously using a shop terminal after the customer arrives at the shop and is seated. When a direct order is made through the mobile terminal 46 of a customer and reservation on a table of a shop is accepted or reservation on a table is made prior to the order through the mobile terminal 46 of a customer, information that reservation is accepted is stored … the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal [i.e. acquire second order information the second order information including information about items ordered by the customer from the store via an in-store ordering system of the store]” [0056] and “A shop terminal 231 includes a shop server 2311 [i.e. from the store ordering server of the store], a database (simply referred to as DB below) 2312, and the like, and is connected to a POS system 232 and further connected to the main system 20 via an in-shop network 237 and the network 10” [0046] and “The network 10 [i.e. via the communication interface] realizes an information exchange function among the main system 20, the shop system 30, the data site 40, and the mobile terminal 46” [0042]);
-store the acquired second order information in the slip information management table for the store (Tajiri, see at least: “the following describes a method of managing an order content of the user name “abc_ooo” and “ty.sub.—2368” in the user 1 order field 16201. When the user name “abc_ooo” orders, for example, two plates of “Surf Clam”, information “Surf Clam” is stored in the item name field 162311 of the user 1 order field 16201, and “2” is stored in the amount field 162312. Further, when the price for the surf clam is 1,000 Yen per plate, “2000” is stored in the money amount field 162313 of the user 1 order field 16201. Further, when the ordered surf clam is served, “DONE” is stored in the serving field 162314. Further, when there is additionally an order 2, each information is stored in the order 2 field 16232 [i.e. store the acquired second order information in the slip information management table for the store] in the same manner as the order 1 field 16231. The sum of the money amount of these orders is stored in the corresponding total money amount field 1625” [0070] and Fig. 11); and
-output third order information from the slip information management table to the mobile ordering server or the mobile terminal of the customer, the third order information being obtained by combining the first order information and the second order information of the customer (Tajiri, see at least: “After the settlement is complete through various kinds of payment means as described above, the POS processor 2321 may send information that is necessary at last to the ticketing processing device 295 so as to issue a receipt. In other cases, when the payment is made through means relating to the card or the mobile terminal 46, such information may be written into a card or may be sent to the mobile terminal 46 [i.e. output third order information to the mobile ordering server or the mobile terminal of the customer]” [0084] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order [i.e. the third order information being obtained by combining the first order information and the second order information of the customer] made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged” [0056] and “the following describes a method of managing an order content of the user name “abc_ooo” and “ty.sub.—2368” in the user 1 order field 16201. When the user name “abc_ooo” orders, for example, two plates of “Surf Clam”, information “Surf Clam” is stored in the item name field 162311 of the user 1 order field 16201, and “2” is stored in the amount field 162312. Further, when the price for the surf clam is 1,000 Yen per plate, “2000” is stored in the money amount field 162313 of the user 1 order field 16201. Further, when the ordered surf clam is served, “DONE” is stored in the serving field 162314. Further, when there is additionally an order 2, each information is stored in the order 2 field 16232 [i.e. third order information from the slip information management table] in the same manner as the order 1 field 16231. The sum of the money amount of these orders is stored in the corresponding total money amount field 1625” [0070] and Fig. 11).
Tajiri does not explicitly disclose storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table; and storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table.
Momose, however, teaches a table containing order records (i.e. [0141]), including the known technique of storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table (Momose, see at least: “The product number field stores the identification number (product code) of each item [i.e. each individual ordered item in the first order information], and the product count field stores the number of items identified by the product number that were ordered” [0147] and “Each order record in this received order data file OF has the following fields: record number, terminal ID, product order number, item count, product number, product count, payment method, credit card number, product order receipt printed, credit card receipt printed, paid [i.e. each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table], kitchen instructions printed, and order delivered” [0142] and “The record numbers are assigned by the data processing server 50 (server control unit 56) in the order in which the first data [i.e. store the acquired first order information] for each order (record) is received” [0141] and Fig. 3 shows a table [i.e. in a slip information management table for the store] that includes two different items ordered from terminal A (A01 [i.e. store the acquired first order information] and A02) and that each product code has an associated ‘paid (flag)’ field [i.e. each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table]); and
the known technique of storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table (Momose, see at least: “The product number field stores the identification number (product code) of each item, and the product count field stores the number of items identified by the product number that were ordered” [0147] and “Each order record in this received order data file OF has the following fields: record number, terminal ID, product order number, item count, product number, product count, payment method, credit card number, product order receipt printed, credit card receipt printed, paid [i.e. each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table], kitchen instructions printed, and order delivered” [0142] and “The record numbers are assigned by the data processing server 50 (server control unit 56) in the order in which the first data for each order (record) is received” [0141] and Fig. 3 shows a table [i.e. in the slip information management table for the store] that includes two different items ordered from terminal A (A01 and A02 [i.e. store the acquired second order information]) and that each product code has an associated ‘paid (flag)’ field [i.e. each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table]). These known techniques are applicable to the order management system of Tajiri as they both share characteristics and capabilities, namely, they are directed to a table containing order records.
It would have been recognized that applying the known techniques of storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table; and storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table, as taught by Momose, to the teachings of Tajiri 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 order management systems. Further, adding the modifications of storing the acquired first order information in a slip information management table for the store, each individual ordered item in the first order information being separately associated with a respective settlement flag in the slip information management table; and storing the acquired second order information in the slip information management table for the store, each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table, as taught by Momose, into the order management system of Tajiri would have been recognized by those of ordinary skill in the art as resulting in an improved order management system that would allow for real-time inventory management and sale management to be possible even with orders paid for by cash (Momose, [0252]).
Regarding claim 12, Tajiri in view of Momose teaches the order management system according to claim 11. Tajiri further discloses:
-wherein the first order information includes a store ID of the store, and the control unit is further configured to output, via the communication interface, the first order information to the store ordering server of the store (Tajiri, see at least: “Though an order from a customer is made through the ordering terminal 233 in the description above, an order can be made through the mobile terminal 46 directly to the kitchen terminal 235. Further, for example, a program that enables an order directly to a specific shop [i.e. wherein the first order information includes a store ID of the store] via the data site 40 is installed in the mobile terminal 46 … The communication therebetween is made via the network 10 and the in-shop network 237. Further, a program that receives an order from the mobile terminal 46 is previously installed in the kitchen terminal 235, and the received order content is displayed in an output device (not shown). In the kitchen, a cook or someone can respond to the content, and furthermore, for example, an order of a menu that is available all the time for order can be automatically accepted and a response can be made to the mobile terminal 46 which made the order. Acceptance of an order is sent to the shop terminal 231 via the in-shop network 237 [i.e. the control unit is further configured to output, via the communication interface, the first order information to the store ordering server]” [0054] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. the control unit is further configured to]” [0087] and “FIG. 2 shows a configuration of the shop system 30. [i.e. to the store ordering server] A shop terminal 231 includes a shop server 2311, a database (simply referred to as DB below) 2312, and the like, and is connected to a POS system 232 and further connected to the main system 20 via an in-shop network 237 and the network 10. Further, the POS system 232 is connected to a POS display device 291, a POS input device 292, a coin processing device 293, a note processing device 294, a ticketing processing device 295, a card processing device 296, and the like. Further, the in-shop network 237 is connected to an ordering terminal 233, a staff terminal 234, a kitchen terminal 235, and further connected to an order reception/generation system 236 that manages supplies for tasks of a shop, and to a signage (not shown)” [0046]).
Regarding claim 14, Tajiri in view of Momose teaches the order management system according to claim 11. Tajiri further discloses:
-wherein the third order information is output to the mobile ordering server (Tajiri, see at least: “After the settlement is complete through various kinds of payment means as described above, the POS processor 2321 may send information that is necessary at last to the ticketing processing device 295 so as to issue a receipt. In other cases, when the payment is made through means relating to the card or the mobile terminal 46, such information may be written into a card or may be sent to the mobile terminal 46 [i.e. wherein the third order information is output to the mobile ordering server]” [0084] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. the third order information]” [0056] and “Further, for example, a program that enables an order directly to a specific shop via the data site 40 is installed in the mobile terminal 46 [i.e. the mobile ordering server]” [0054]).
Regarding claim 15, Tajiri in view of Momose teaches the order management system according to claim 14. Tajiri further discloses:
-wherein transaction settlement is performed by the mobile ordering server based on the third order information (Tajiri, see at least: “When the series of order processes [i.e. based on the third order information] above are processed through the mobile terminal 46 [i.e. wherein transaction settlement is performed by the mobile ordering server], for example, a biometric identification function provided to the mobile terminal 46 may be used for identity verification” [0065] and “instead of a card, a payment function provided with the mobile terminal 46 may be used [i.e. wherein transaction settlement is performed by the mobile ordering server]. Further, the process may be performed according to a password that is set on the mobile terminal side” [0079] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. based on the third order information]” [0056]).
Regarding claim 16, Tajiri in view of Momose teaches the order management system according to claim 11. Tajiri further discloses:
-wherein the third order information is output to the store ordering server after being output to the mobile terminal for confirmation by the customer (Tajiri, see at least: “the following describes the settlement for the user 1. For example, when an input indicating that the customer intends to settle the payment is made according to the display screen (not shown) through the ordering terminal 233 and the mobile terminal 46 [i.e. after being output to the mobile terminal for confirmation by the customer], the processor 310 of the kitchen terminal 235 checks whether serving on orders are complete and whether the total money amount is correct [i.e. wherein the third order information is output to the store ordering server], for example, according to the program loaded in the memory 320 of the kitchen terminal 235. When it is determined that the settlement can be made, information “COMPLETE” is stored in the settlement field 1624 of the user 1 order field 16201” [0071] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. wherein the control unit is further configured to]” [0087]).
Regarding claim 17, Tajiri in view of Momose teaches the order management system according to claim 11. Tajiri further discloses:
-wherein the third order information is output to the mobile terminal (Tajiri, see at least: “After the settlement is complete through various kinds of payment means as described above, the POS processor 2321 may send information that is necessary at last to the ticketing processing device 295 so as to issue a receipt. In other cases, when the payment is made through means relating to the card or the mobile terminal 46, such information may be written into a card or may be sent to the mobile terminal 46 [i.e. wherein the third order information is output to the mobile terminal]” [0084] and “the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. the third order information]” [0056]).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tajiri in view of Momose, in further view of Barman et al. (US 11,720,983 B2), hereinafter Barman.
Regarding claim 3, Tajiri in view of Momose teaches the information processing apparatus according to claim 1. Tajiri further discloses:
-a storage unit (Tajiri, see at least: “A storage method and a storage place of the order list data table 160 is the same as the customer selection list 140 and the gift group recognition data table 150” [0069]), wherein
-the first order information is stored in the storage unit in association with a table number (Tajiri, see at least: “the customer selection list 140 has a visitor field 1405. When reservation of a table and an order for food is made [i.e. the first order information] through the mobile terminal 46 of a customer and the customer arrives at the shop, information of this is sent to the kitchen terminal, and, for example, “YES” is stored in the corresponding visitor field 1405, and information for identifying the table, e.g., a table number “3”, is stored in a table number field 1406 [i.e. is stored in the storage unit in association with a table number]” [0058] and “A storage method and a storage place [i.e. stored in the storage unit] of the order list data table 160 is the same as the customer selection list 140 and the gift group recognition data table 150” [0069]),
-the second order information includes the table number (Tajiri, see at least: “when there is additionally an order 2 [i.e. the second order information], each information is stored in the order 2 field 16232 in the same manner as the order 1 field 16231. The sum of the money amount of these orders is stored in the corresponding total money amount field 1625. Thus, for example, the order relating to the user 1, including the items reserved prior to the visit, is managed in the user 1 order field 16201” [0070] and “In the settlement list data table 170 for the user 1 settlement field 17201 of the user name “abc_ooo”, “abc_ooo” is stored in the user name field 1721, “ty.sub.—2368” is stored in the password field 1722, “3” is stored in the table number field 1723 [i.e. the second order information includes the table number], “8,500” is stored in the charge money amount field 1726 … each information is stored based on the information from the customer selection list 140 and the order list data table 160. As for the table number, identification information such as an IP address of the ordering terminal provided at the table may be associated with unique information of the table [i.e. the second order information includes the table number] according to an association data table (not shown), and then the number may be managed using the IP address” [0074]), and
-the first and second order information is combined based on the table number (Tajiri, see at least: “information such as a number or the like for identifying the table of the customer is stored [i.e. based on the table number]. In this manner, the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. the first and second order information is combined]” [0056] and “when an order process is performed through the ordering terminal 233 in the shop, the order content is sent to the shop system 30 via the in-shop network 237 … an order through the customer's mobile terminal 46 and an order through the ordering terminal 233 in the shop may be summed up according to the information from the customer selection list 140, and a final settlement process may be performed based on this information” [0058]).
Tajiri in view of Momose does not explicitly teach the first order information is stored in association with a table number and a store ID; the second order information includes the table number and the store ID; and the first and second order information is combined based on the table number and store ID.
Barman, however, teaches facilitating payment of a restaurant bill (i.e. abstract), including the known technique of the first order information being stored in association with a table number and a store ID (Barman, see at least: “The text payment server 105 may include a database that correlates a specific MPS phone number with a specific restaurant. Thus, the text payment server 105 can associate a specific tab at a specific restaurant with a specific customer phone number and thus match a tab to a customer [i.e. the first order information is stored in association]” Col. 12 Ln. 51-56 and “In some embodiments, a code could be a number that is unique to each check on an MPS, or multiple MPS. A code could be two or more codes appended or mixed according to any algorithm. A code could be a restaurant identifier [i.e. in association with a store ID] combined with an order identifier and/or a table identifier [i.e. in association with a table number] and/or any other identifier” Col. 18 Ln. 24-29 and “the code may be unique to the tab represented by that check [i.e. the first order information]” Col. 18 Ln. 5-6);
the known technique of the second order information including the table number and the store ID (Barman, see at least: “The text payment server 105 may include a database that correlates a specific MPS phone number with a specific restaurant. Thus, the text payment server 105 can associate a specific tab at a specific restaurant with a specific customer phone number and thus match a tab to a customer [i.e. the second order information]” Col. 12 Ln. 51-56 and “In some embodiments, a code could be a number that is unique to each check on an MPS, or multiple MPS. A code could be two or more codes appended or mixed according to any algorithm. A code could be a restaurant identifier [i.e. includes the store ID] combined with an order identifier and/or a table identifier [i.e. includes the table number] and/or any other identifier” Col. 18 Ln. 24-29 and “the code may be unique to the tab represented by that check” Col. 18 Ln. 5-6); and
the known technique of the first and second order information being combined based on the table number and store ID (Barman, see at least: “the text payment server 105, through the restaurant POS or another channel, may send or otherwise make a message or indication available to the server or other restaurant employee that the check generation is requested and give the server an opportunity to review the tab or check for accuracy, e.g. by adding [i.e. the first and second order information is combined], adjusting, removing, etc. any necessary items. Sometimes items ordered are not added to the tab until the check is requested” Col. 13 Ln. 13-20 and “The text payment server 105 may include a database that correlates a specific MPS phone number with a specific restaurant. Thus, the text payment server 105 can associate a specific tab at a specific restaurant with a specific customer phone number and thus match a tab to a customer” Col. 12 Ln. 51-56 and “In some embodiments, a code could be a number that is unique to each check on an MPS, or multiple MPS. A code could be two or more codes appended or mixed according to any algorithm. A code could be a restaurant identifier [i.e. based on the store ID] combined with an order identifier and/or a table identifier [i.e. based on the table number] and/or any other identifier” Col. 18 Ln. 24-29). These known techniques are applicable to the information processing apparatus of Tajiri in view of Momose as they both share characteristics and capabilities, namely, they are directed to facilitating payment of a restaurant bill.
It would have been recognized that applying the known techniques of the first order information being stored in association with a table number and a store ID; the second order information including the table number and the store ID; and the first and second order information being combined based on the table number and store ID, as taught by Barman, to the teachings of Tajiri in view of Momose 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 information processing apparatuses. Further, adding the modifications of the first order information being stored in association with a table number and a store ID; the second order information including the table number and the store ID; and the first and second order information being combined based on the table number and store ID, as taught by Barman, into the information processing apparatus of Tajiri in view of Momose would have been recognized by those of ordinary skill in the art as resulting in an improved information processing apparatus that would allow association of a specific tab at a specific restaurant with a specific customer (Barman, Col. 12 Ln. 51-56).
Regarding claim 13, Tajiri in view of Momose teaches the order management system according to claim 11. Tajiri further discloses:
-wherein
-the first order information is stored in a storage unit in association with a table number (Tajiri, see at least: “the customer selection list 140 has a visitor field 1405. When reservation of a table and an order for food is made [i.e. the first order information] through the mobile terminal 46 of a customer and the customer arrives at the shop, information of this is sent to the kitchen terminal, and, for example, “YES” is stored in the corresponding visitor field 1405, and information for identifying the table, e.g., a table number “3”, is stored in a table number field 1406 [i.e. is stored in the storage unit in association with a table number]” [0058] and “A storage method and a storage place [i.e. stored in the storage unit] of the order list data table 160 is the same as the customer selection list 140 and the gift group recognition data table 150” [0069]),
-the second order information includes the table number (Tajiri, see at least: “when there is additionally an order 2 [i.e. the second order information], each information is stored in the order 2 field 16232 in the same manner as the order 1 field 16231. The sum of the money amount of these orders is stored in the corresponding total money amount field 1625. Thus, for example, the order relating to the user 1, including the items reserved prior to the visit, is managed in the user 1 order field 16201” [0070] and “In the settlement list data table 170 for the user 1 settlement field 17201 of the user name “abc_ooo”, “abc_ooo” is stored in the user name field 1721, “ty.sub.—2368” is stored in the password field 1722, “3” is stored in the table number field 1723 [i.e. the second order information includes the table number], “8,500” is stored in the charge money amount field 1726 … each information is stored based on the information from the customer selection list 140 and the order list data table 160. As for the table number, identification information such as an IP address of the ordering terminal provided at the table may be associated with unique information of the table [i.e. the second order information includes the table number] according to an association data table (not shown), and then the number may be managed using the IP address” [0074]), and
-the first and second order information is combined based on the table number (Tajiri, see at least: “information such as a number or the like for identifying the table of the customer is stored [i.e. based on the table number]. In this manner, the order that is made through the mobile terminal 46 of the customer before the customer arrives is associated with the order that is made through the shop terminal. After the customer finishes a meal and settles a bill, sum of the payment for the order made through the customer's mobile terminal 46 and the payment for the order made through the shop terminal is charged [i.e. the first and second order information is combined]” [0056] and “when an order process is performed through the ordering terminal 233 in the shop, the order content is sent to the shop system 30 via the in-shop network 237 … an order through the customer's mobile terminal 46 and an order through the ordering terminal 233 in the shop may be summed up according to the information from the customer selection list 140, and a final settlement process may be performed based on this information” [0058]).
Tajiri in view of Momose does not explicitly teach the first order information is stored in association with a table number and a store ID of the store; the second order information includes the table number and the store ID; and the first and second order information is combined based on the table number and store ID.
Barman, however, teaches facilitating payment of a restaurant bill (i.e. abstract), including the known technique of the first order information being stored in association with a table number and a store ID of the store (Barman, see at least: “The text payment server 105 may include a database that correlates a specific MPS phone number with a specific restaurant. Thus, the text payment server 105 can associate a specific tab at a specific restaurant with a specific customer phone number and thus match a tab to a customer [i.e. the first order information is stored in association]” Col. 12 Ln. 51-56 and “In some embodiments, a code could be a number that is unique to each check on an MPS, or multiple MPS. A code could be two or more codes appended or mixed according to any algorithm. A code could be a restaurant identifier [i.e. in association with a store ID of the store] combined with an order identifier and/or a table identifier [i.e. in association with a table number] and/or any other identifier” Col. 18 Ln. 24-29 and “the code may be unique to the tab represented by that check [i.e. the first order information]” Col. 18 Ln. 5-6);
the known technique of the second order information including the table number and the store ID (Barman, see at least: “The text payment server 105 may include a database that correlates a specific MPS phone number with a specific restaurant. Thus, the text payment server 105 can associate a specific tab at a specific restaurant with a specific customer phone number and thus match a tab to a customer [i.e. the second order information]” Col. 12 Ln. 51-56 and “In some embodiments, a code could be a number that is unique to each check on an MPS, or multiple MPS. A code could be two or more codes appended or mixed according to any algorithm. A code could be a restaurant identifier [i.e. includes the store ID] combined with an order identifier and/or a table identifier [i.e. includes the table number] and/or any other identifier” Col. 18 Ln. 24-29 and “the code may be unique to the tab represented by that check” Col. 18 Ln. 5-6); and
the known technique of the first and second order information being combined based on the table number and store ID (Barman, see at least: “the text payment server 105, through the restaurant POS or another channel, may send or otherwise make a message or indication available to the server or other restaurant employee that the check generation is requested and give the server an opportunity to review the tab or check for accuracy, e.g. by adding [i.e. the first and second order information is combined], adjusting, removing, etc. any necessary items. Sometimes items ordered are not added to the tab until the check is requested” Col. 13 Ln. 13-20 and “The text payment server 105 may include a database that correlates a specific MPS phone number with a specific restaurant. Thus, the text payment server 105 can associate a specific tab at a specific restaurant with a specific customer phone number and thus match a tab to a customer” Col. 12 Ln. 51-56 and “In some embodiments, a code could be a number that is unique to each check on an MPS, or multiple MPS. A code could be two or more codes appended or mixed according to any algorithm. A code could be a restaurant identifier [i.e. based on the store ID] combined with an order identifier and/or a table identifier [i.e. based on the table number] and/or any other identifier” Col. 18 Ln. 24-29). These known techniques are applicable to the order management system of Tajiri in view of Momose as they both share characteristics and capabilities, namely, they are directed to facilitating payment of a restaurant bill.
It would have been recognized that applying the known techniques of the first order information being stored in association with a table number and a store ID of the store; the second order information including the table number and the store ID; and the first and second order information being combined based on the table number and store ID, as taught by Barman, to the teachings of Tajiri in view of Momose 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 order management systems. Further, adding the modifications of the first order information being stored in association with a table number and a store ID of the store; the second order information including the table number and the store ID; and the first and second order information being combined based on the table number and store ID, as taught by Barman, into the order management system of Tajiri in view of Momose would have been recognized by those of ordinary skill in the art as resulting in an improved order management system that would allow association of a specific tab at a specific restaurant with a specific customer (Barman, Col. 12 Ln. 51-56).
Claims 8-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tajiri, in view of Momose, in further view of Tucker et al. (US 11,068,867 B1), hereinafter Tucker.
Regarding claim 8, Tajiri in view of Momose teaches the information processing apparatus according to claim 1. Tajiri further discloses:
-wherein the control unit is further configured to receive, via the communication interface, from the mobile terminal a selection for by settlement performed via the mobile ordering server (Tajiri, see at least: “the following describes the settlement for the user 1. For example, when an input indicating that the customer intends to settle the payment is made according to the display screen (not shown) through the ordering terminal 233 and the mobile terminal 46 [i.e. via the communication interface, from the mobile terminal a selection for by settlement performed via the mobile ordering server], the processor 310 of the kitchen terminal 235 checks whether serving on orders are complete and whether the total money amount is correct, for example, according to the program loaded in the memory 320 of the kitchen terminal 235. When it is determined that the settlement can be made, information “COMPLETE” is stored in the settlement field 1624 of the user 1 order field 16201” [0071] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. wherein the control unit is further configured to]” [0087]).
Tajiri in view of Momose does not explicitly teach receiving from the mobile terminal a selection of items in the third order information to be paid for by settlement.
Tucker, however, teaches paying for a bill at a restaurant (i.e. abstract), including the known technique of receive from the mobile terminal a selection of items in the third order information to be paid for by settlement (Tucker, see at least: “customer #1 selects the individual items to pay for in the mobile app (at 606) [i.e. receive from the mobile terminal a selection of items in the third order information] and then selects or provides a payment method in the mobile app (at 608) to pay his or her portion of the bill [i.e. to be paid for by settlement]. After selecting items and a method of payment, customer #1 then confirms and submits payment in the mobile app (at 610)” Col. 14 Ln. 52-57). This known technique is applicable to the information processing apparatus of Tajiri in view of Momose as they both share characteristics and capabilities, namely, they are directed to paying for a bill at a restaurant.
It would have been recognized that applying the known technique of receive from the mobile terminal a selection of items in the third order information to be paid for by settlement, as taught by Tucker, to the teachings of Tajiri in view of Momose 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 information processing apparatuses. Further, adding the modification of receive from the mobile terminal a selection of items in the third order information to be paid for by settlement, as taught by Tucker, into the information processing apparatus of Tajiri in view of Momose would have been recognized by those of ordinary skill in the art as resulting in an improved information processing apparatus that would allow a customer to confirm the items on their bill (Tucker, Col. 14 Ln. 52-57).
Regarding claim 9, the combination of Tajiri/Momose/Tucker teaches the information processing apparatus according to claim 8. Tajiri further discloses:
-wherein the control unit is further configured to set the settlement flag to settlement completed for any items in the third order information paid for by the settlement performed via the mobile ordering server (Tajiri, see at least: “the following describes the settlement for the user 1. For example, when an input indicating that the customer intends to settle the payment is made according to the display screen (not shown) through the ordering terminal 233 and the mobile terminal 46, the processor 310 of the kitchen terminal 235 checks whether serving on orders are complete and whether the total money amount is correct, for example, according to the program loaded in the memory 320 of the kitchen terminal 235. When it is determined that the settlement can be made, information “COMPLETE” is stored in the settlement field 1624 [i.e. set the settlement flag to settlement completed for any items in the third order information paid for by the settlement performed via the mobile ordering server] of the user 1 order field 16201” [0071] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. wherein the control unit is further configured to]” [0087]).
Tajiri does not explicitly disclose the settlement flag being the respective settlement flag.
Momose, however, teaches a table containing order records (i.e. [0141]), including the known technique of set the respective settlement flag to settlement completed for any items (Momose, see at least: “The product number field stores the identification number (product code) of each item [i.e. the respective settlement flag], and the product count field stores the number of items identified by the product number that were ordered” [0147] and “Each order record in this received order data file OF has the following fields: record number, terminal ID, product order number, item count, product number, product count, payment method, credit card number, product order receipt printed, credit card receipt printed, paid [i.e. to settlement completed for any items], kitchen instructions printed, and order delivered” [0142] and Fig. 3 shows a table that includes two different items ordered from terminal A (A01 and A02) and that each product code has an associated ‘paid (flag)’ field that shows ‘yes’ when the item is paid for [i.e. set the respective settlement flag to settlement completed for any items]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Tajiri with Momose for the reasons identified above with respect to claim 1.
Regarding claim 18, Tajiri in view of Momose teaches the order management system according to claim 11. Tajiri further discloses:
-wherein the control unit is further configured to receive, via the communication interface, from the mobile terminal a selection for by settlement performed via the mobile ordering server (Tajiri, see at least: “the following describes the settlement for the user 1. For example, when an input indicating that the customer intends to settle the payment is made according to the display screen (not shown) through the ordering terminal 233 and the mobile terminal 46 [i.e. via the communication interface, from the mobile terminal a selection for by settlement performed via the mobile ordering server], the processor 310 of the kitchen terminal 235 checks whether serving on orders are complete and whether the total money amount is correct, for example, according to the program loaded in the memory 320 of the kitchen terminal 235. When it is determined that the settlement can be made, information “COMPLETE” is stored in the settlement field 1624 of the user 1 order field 16201” [0071] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. wherein the control unit is further configured to]” [0087]).
Tajiri in view of Momose does not explicitly teach receiving from the mobile terminal a selection of items in the third order information to be paid for by settlement.
Tucker, however, teaches paying for a bill at a restaurant (i.e. abstract), including the known technique of receiving from the mobile terminal a selection of items in the third order information to be paid for by settlement (Tucker, see at least: “customer #1 selects the individual items to pay for in the mobile app (at 606) [i.e. receive from the mobile terminal a selection of items in the third order information] and then selects or provides a payment method in the mobile app (at 608) to pay his or her portion of the bill [i.e. to be paid for by settlement]. After selecting items and a method of payment, customer #1 then confirms and submits payment in the mobile app (at 610)” Col. 14 Ln. 52-57). This known technique is applicable to the order management system of Tajiri in view of Momose as they both share characteristics and capabilities, namely, they are directed to paying for a bill at a restaurant.
It would have been recognized that applying the known technique of receive from the mobile terminal a selection of items in the third order information to be paid for by settlement, as taught by Tucker, to the teachings of Tajiri in view of Momose 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 order management systems. Further, adding the modification of receive from the mobile terminal a selection of items in the third order information to be paid for by settlement, as taught by Tucker, into the order management system of Tajiri in view of Momose would have been recognized by those of ordinary skill in the art as resulting in an improved order management system that would allow a customer to confirm the items on their bill (Tucker, Col. 14 Ln. 52-57).
Regarding claim 19, the combination of Tajiri/Momose/Tucker teaches the order management system according to claim 18. Tajiri further discloses:
-wherein the control unit is further configured to set the settlement flag to settlement completed for any items in the third order information paid for by the settlement performed via the mobile ordering server (Tajiri, see at least: “the following describes the settlement for the user 1. For example, when an input indicating that the customer intends to settle the payment is made according to the display screen (not shown) through the ordering terminal 233 and the mobile terminal 46, the processor 310 of the kitchen terminal 235 checks whether serving on orders are complete and whether the total money amount is correct, for example, according to the program loaded in the memory 320 of the kitchen terminal 235. When it is determined that the settlement can be made, information “COMPLETE” is stored in the settlement field 1624 [i.e. set the settlement flag to settlement completed for any items in the third order information paid for by the settlement performed via the mobile ordering server] of the user 1 order field 16201” [0071] and “the embodiments of the present invention are described with applications of functions provided by controlling programs of computers and processors [i.e. wherein the control unit is further configured to]” [0087]).
Tajiri does not explicitly disclose the settlement flag being the respective settlement flag.
Momose, however, teaches a table containing order records (i.e. [0141]), including the known technique of set the respective settlement flag to settlement completed for any items (Momose, see at least: “The product number field stores the identification number (product code) of each item [i.e. the respective settlement flag], and the product count field stores the number of items identified by the product number that were ordered” [0147] and “Each order record in this received order data file OF has the following fields: record number, terminal ID, product order number, item count, product number, product count, payment method, credit card number, product order receipt printed, credit card receipt printed, paid [i.e. to settlement completed for any items], kitchen instructions printed, and order delivered” [0142] and Fig. 3 shows a table that includes two different items ordered from terminal A (A01 and A02) and that each product code has an associated ‘paid (flag)’ field that shows ‘yes’ when the item is paid for [i.e. set the respective settlement flag to settlement completed for any items]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Tajiri with Momose for the reasons identified above with respect to claim 11.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tajiri in view of Momose, in further view of Park et al. (US 2018/0150855 A1), hereinafter Park.
Regarding claim 10, Tajiri in view of Momose teaches the information processing apparatus according to claim 1.
Tajiri in view of Momose does not explicitly teach the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store.
Park, however, teaches requesting a restaurant reservation online (i.e. [0268]), including the known technique of the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store (Park, see at least: “FIG. 26 is an example of a visiting reservation confirmation screen displayed on a consumer terminal according to the order request of a consumer [i.e. wherein the control unit is further configured to receive, via the communication interface, a table status request from the mobile terminal]” [0265] and “When the consumer selects the visiting reservation [i.e. wherein the control unit is further configured to receive, via the communication interface, a table status request from the mobile terminal], the consumer may set a scheduled visit time in the service application program as illustrated in FIG. 26. In order to facilitate the selection of the visiting reservation, the service application server 100 may provide the reservable personnel information together to the consumer terminal based on the business status information” [0269] and “FIG. 27 is another example of a visiting reservation confirmation screen displayed on a consumer terminal according to the order request of a consumer [i.e. wherein the control unit is further configured to receive, via the communication interface, a table status request from the mobile terminal]” [0272] and “in the case of a restaurant business, unlike FIG. 26, the service application server 100 may provide the order status to the consumer terminal 10 together with a seat layout diagram through the service application program. In this case, the consumer may make the order request so as not to overlap with the other consumer, considering a seat layout and the order status of the business at a specific time [i.e. output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store]” [0273]). This known technique is applicable to the information processing apparatus of Tajiri in view of Momose as they both share characteristics and capabilities, namely, they are directed to requesting a restaurant reservation online.
It would have been recognized that applying the known technique of the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store, as taught by Park, to the teachings of Tajiri in view of Momose 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 information processing apparatuses. Further, adding the modification of the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store, as taught by Park, into the information processing apparatus of Tajiri in view of Momose would have been recognized by those of ordinary skill in the art as resulting in an improved information processing apparatus that would provide the order status to the consumer at a particular time (Park, [0273]).
Regarding claim 20, Tajiri in view of Momose teaches the order management system according to claim 11. Tajiri further discloses:
Tajiri in view of Momose does not explicitly teach the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store.
Park, however, teaches requesting a restaurant reservation online (i.e. [0268]), including the known technique of the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store (Park, see at least: “FIG. 26 is an example of a visiting reservation confirmation screen displayed on a consumer terminal according to the order request of a consumer [i.e. wherein the control unit is further configured to receive, via the communication interface, a table status request from the mobile terminal]” [0265] and “When the consumer selects the visiting reservation [i.e. wherein the control unit is further configured to receive, via the communication interface, a table status request from the mobile terminal], the consumer may set a scheduled visit time in the service application program as illustrated in FIG. 26. In order to facilitate the selection of the visiting reservation, the service application server 100 may provide the reservable personnel information together to the consumer terminal based on the business status information” [0269] and “FIG. 27 is another example of a visiting reservation confirmation screen displayed on a consumer terminal according to the order request of a consumer [i.e. wherein the control unit is further configured to receive, via the communication interface, a table status request from the mobile terminal]” [0272] and “in the case of a restaurant business, unlike FIG. 26, the service application server 100 may provide the order status to the consumer terminal 10 together with a seat layout diagram through the service application program. In this case, the consumer may make the order request so as not to overlap with the other consumer, considering a seat layout and the order status of the business at a specific time [i.e. output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store]” [0273]). This known technique is applicable to the order management system of Tajiri in view of Momose as they both share characteristics and capabilities, namely, they are directed to requesting a restaurant reservation online.
It would have been recognized that applying the known technique of the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store, as taught by Park, to the teachings of Tajiri in view of Momose 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 order management systems. Further, adding the modification of the control unit being further configured to receive, via the communication interface, a table status request from the mobile terminal and output a table status response indicating an available table at the store determined based on open ordering slips and a table list for the store, as taught by Park, into the order management system of Tajiri in view of Momose would have been recognized by those of ordinary skill in the art as resulting in an improved order management system that would provide the order status to the consumer at a particular time (Park, [0273]).
Response to Arguments
Rejections under 35 U.S.C. §101
Applicant argues that the pending claims specifically recite non-abstract, tangible aspects corresponding to improvements and solutions to identified problems in the related art in the technological field of order management systems. For example, for systems in which mobile device ordering and in-store ordering can both be possible, settlement and tracking of both order types from the same customer is complicated. See, e.g., Background, as-filed paragraph [0005] (Remarks, page 8).
Examiner respectively disagrees. Tracking order types is not a technical solution as the technology itself (e.g. the mobile device ordering) is not improved. Accordingly, the claims are directed to an abstract idea and are not integrated into a practical application.
Applicant further argues that the rejection apparently contends the claims are drawn to "certain methods of organizing human activity." Office Action, p. 3. This is simply and clearly erroneous. The rejection mistakes claims directed to apparatuses and systems of apparatuses for claims supposedly covering commercial interactions. See Office Action, p. 6. However, in this context, the rejection mistakes claims that in some manner involve commercial interactions for those that are directed to (or might cover) a commercial interaction itself. A cash register is not ineligible subject matter merely for being used in (or involving) a commercial interaction. Likewise, the claimed apparatus (claim 1) and system (claim 11) are not ineligible because embodiments can be used to improve customer/operator convenience during the performance of a commercial interaction. That is, here the present claims do not cover a commercial interaction but rather merely involve an apparatus/system that can be used to make certain aspects of a commercial interaction more convenient to a user/operator. Such technological improvements in transaction processing devices/systems are eligible subject matter under existing case law and examiner guidance. See Ex Parle Desjardins, Appeal No. 2024-000567 (PTAB September 26, 2025, Appeals Review Panel Decision) (Remarks, pages 8-9).
Examiner respectively disagrees. As detailed in the rejection above, the recited abstract idea is managing order data and combining first and second order information. This falls within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a) as it encompasses a commercial interaction (i.e. advertising, and marketing or sales activities). Additionally, unlike Applicant’s example of the invention of a physical cash register, Applicant has not claimed the invention of any of the additional elements, they 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). Furthermore, making certain aspects of a commercial interaction more convenient to a user/operator is an improvement to the abstract idea, not an improvement in the functioning of a computer or an improvement to another technology or technical field.
Regarding Ex Parle Desiardins, in Ex Parte Desjardins the claims train the machine learning model in such a way that it “allows the model to preserve performance on earlier tasks even as it learns new ones, directly addressing the technical problem of 'catastrophic forgetting' in continual learning systems" (see Ex Parte Desjardins). The machine learning itself was improved. No such technical solution to a technical problem is provided in the current claims. Accordingly, the amended claims are ineligible.
Applicant further argues that the present claims in particular recite aspects that provide a solution to identified problems in the related art. The Background section of the specification explains that integration of mobile and in-store systems/platforms for cross-platform payments is unavailable and/or inconvenient for customers in the existing related art. See paragraph [0005]. Paragraph [0061] describes benefits associated with having a settlement flag for each ordered commodity (ID) rather than only one such flag per multiitem ordering event ("convenience for the customers can be improved when handling splitting groups.") The presence in the claims of the aspect "a slip information management table" with "each individual ordered item ... separately associated with a respective settlement flag" permits such an improvement in convenience over the existing related systems (Remarks, page 9).
Examiner respectively disagrees. Tracking order types and organizing data are not technical solutions as the technology itself (e.g. the mobile device ordering) is not improved. Additionally, providing "convenience for the customers can be improved when handling splitting groups" is an improvement to the abstract idea, it is not a technical solution as the technology itself is not improved. Accordingly, the amended claims are ineligible.
Applicant further argues that the rejection appears concerned that the claims relate to computers and improvements in computerized technology achieved via software. However, improvements achieved via software, or even by the use of general purpose computers in some manner, are not per se excluded from patentability. Compare Ex Parle Desjardins, Appeal No. 2024-000567 (PTAB September 26, 2025, Appeals Review Panel Decision) and related guidance. Of particular relevance, Ex Parle Desjardins explains the applicability of the Federal Circuit case, Enfish, LLC v. Microsoft Corp., 822 F.3d 1327 (Fed. Cir. 2016). As in Enfish, the present claims can be considered as directed to an improvement in computer functionality. The computers of relevance in this context are order handling computers/servers/terminals (and systems thereof), but inventions (software based or otherwise) providing improved functionality of such computer types is not to be excluded from patent eligibility. The present claims specifically incorporate, and represent, the elements/aspects that provide this described improvement in functionality and thus are not directed to an abstract idea as alleged. See, e.g., paragraph [0061] (describing structural features of a "slip information management table" (515) and benefits associated therewith when such is structured with individual items/commodity IDs separately associated to individual/respective settlement flags) (Remarks, pages 9-10).
Examiner respectively disagrees. Initially, Examiner points out that the claims are not merely rejected because the claims “relate to computers and improvements in computerized technology achieved via software,” rather, the claims are rejected because they are directed to an abstract idea and the additional elements recited in the claims fail to reflect an improvement in the functioning of a computer or an improvement to another technology or technical field. In Enfish the storing of tabular data is specifically directed to a self-referential table. Thus, the claims were “directed to a specific improvement to the way computers operate,” rather than utilizing a computer as a means for implementing an abstract idea. Id at 1336. No such technological improvement is recited in the current claims. Unlike in Enfish, the amended claims do not provide an improved functionality of the computers/servers/terminals as merely organizing data in a particular way in a table improves the data, it does not improve the actual computer technology itself (i.e. any generic computer components can store the "slip information management table"). Merely performing the abstract idea on a computer fails to reflect an improvement in the functioning of a computer or an improvement to another technology or technical field as the technology itself is not improved, it is merely applied. Accordingly, the claims are ineligible.
Applicant further argues that promulgated Examiner Guidance related to MPEP revisions states: "When evaluating a claim as a whole, examiners should not dismiss additional elements as mere 'generic computer components' without considering whether such elements confer a technological improvement to a technical problem, especially as to improvements to computer components or the computer system. See, e.g., Ex Parle Desjardins, Appeal No. 2024-000567 (PTAB September 26, 2025) (Appeals Review Panel Decision)." Fifth paragraph of MPEP 2106.05(a), revised per memorandum, "Advance notice of change to the MPEP in light of Ex Parle Desjardins," dated December 5, 2025. The present claims incorporate elements (e.g., "a slip information management table" structured/configured in a particular manner) which confer a technological improvement to a technical problem. Therefore, the present claims should be considered eligible subject matter (Remarks, page 10).
Examiner respectively disagrees. Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually. The recited “slip information management table" is not an additional element, rather it is merely a data table (see at least Fig. 5 of Applicant’s specification). As stated in MPEP 2106.05(a): “It is important to note, the judicial exception alone cannot provide the improvement.” Additionally, improving store and customer convenience is not a technical solution.
Furthermore, in Ex Parte Desjardins the claims train the machine learning model in such a way that it “allows the model to preserve performance on earlier tasks even as it learns new ones, directly addressing the technical problem of 'catastrophic forgetting' in continual learning systems" (see Ex Parte Desjardins). The machine learning itself was improved. No such technical solution to a technical problem is provided in the current claims. Accordingly, the amended claims are ineligible.
Rejections under 35 U.S.C. §103
Applicant argues that the cited references don’t teach or suggest "each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table." In Momose, the order data file OF clearly and specifically ties a "paid (flag)" to a "product order number" (e.g., "A01") rather than individual items (product numbers 1 ton) within that order number. That is, each order number (e.g., A01, B01, etc.) has therein multiple items having different product numbers (1 to n). Thus, within the same product order number (A01, 801, etc.) the individual items (product numbers 1 to n) are associated to the same "paid (flag)." This is arrangement of multiple product numbers (1 ton) within the same order number is explained by Momose, paragraph [0147] ("The product number field stores the identification number (product code) of each item."). Momose merely associates all individual items within the same order to the same "paid (flag)." In particular, the order data file OF in Momose to which the rejection points in this context clearly associates every individual product number (1 ton) within the same order record to the same "paid (flag)." See above, Momose, Fig. 3. Accordingly, the assertation that Momose teaches or suggests, "each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table," is clearly erroneous. While the claims are not limited to the particular specification examples, Applicant suggests review of as-filed Fig. 5 in the present specification. A comparison of the arrangement of the last four columns in Fig. 5 (note each "Commodity ID" field is directly and individually associated with its own "Settlement Flag" field) to Momose, Fig. 3 (not all product numbers in each order is associated with a single "paid (flag)") may be considered relevant in this context for understanding the above arguments. As neither cited reference has been shown to teach or suggest the above noted aspects, the office action fails to establish a prima facie case of obviousness on the stated grounds (Remarks, pages 11-12).
Examiner respectfully disagrees. The claims recite that "each individual ordered item in the second order information being separately associated with a respective settlement flag in the slip information management table." The teachings of Momose in Fig. 3 associate each product number (i.e. each individual ordered item) with their own settlement flag. This reads on the recited limitation as a particular product number is associated with an individual ordered item. For instance, if an order includes a hamburger (i.e. a first ordered item with its own particular product number) and fries (i.e. a second ordered item with its own particular product number) the table in Fig. 3 of Momose would have a first settlement flag for the hamburger and a second settlement flag for the fries. Additionally, paragraph [0053] of Applicant’s specification described that a “commodity ID may be a menu number or the like.” Thus, equating the product number of Momose with the commodity ID is in line with Applicant’s disclosure. Accordingly, Momose teaches this argued feature.
Applicant further argues that the claims dependent on claim 1 are similarly allowable for at least the same reasons as claim 1 (Remarks, page 12).
Examiner respectfully disagrees. As detailed in response to the argument above, claim 1 is taught by the cited references. Accordingly, the dependent claims are taught by the cited references.
Applicant further argues that, regarding claim 11, claim 11 is similar to claim 1 in this regard. The rejection of claim 11 similarly concedes Tajiri fails to teach this aspect and again contends Momose does. See Office Action, p. 30. As such, the arguments presented above for claim 1 should be considered restated here as relevant to claim 11 as the errors and deficiencies in the rejections are substantially the same. That is, neither reference, nor the combination, teaches or suggests "each individual order item [is] separately associated with a respective settlement flag." Accordingly, the office action fails to establish a prima facie case of obviousness with respect to claim 11 on the stated grounds. Accordingly, it is respectfully requested that the rejection of claims 1-2, 4-7, 11- 12, and 14-17 under 35 U.S.C. § 103 as being unpatentable over Tajiri, in view of Momose, be reconsidered and withdrawn (Remarks, page 13).
Examiner respectfully disagrees. As detailed in response to the argument above, claim 1 is taught by the cited references. Accordingly, claim 11 and its dependents are taught by the cited references.
Applicant further argues that, regarding claims 3 and 13, Barman is alleged to teach or suggest aspects related to a "store ID" or the like. However, Applicant submits whatever this reference may or may not teach in this respect, it fails to cure the deficiencies in Tajiri and Momose noted above with respect to base claim 1 (upon which claim 3 is dependent) and base claim 11 (upon which claim 13 is dependent). As such, the office action fails to establish a prima facie case of obviousness with respect claims 3 and 13 for at least this reason. Accordingly, it is respectfully requested that the rejection of claims 3 and 13 under 35 U.S.C. § 103 as being unpatentable over Tajiri in view of Momose, in further view of Barman, be reconsidered and withdrawn (Remarks, pages 13-14).
Barman is not cited to teach the independent claims. As detailed in response to the arguments above, the independent claims are taught by the cited references. Accordingly, claims 3 and 13 are rejected by the cited references.
Applicant further argues that, regarding claims 8-9 and 18-19, Tucker is alleged to teach or suggest aspects related to "a selection of items in the third order information." However, the system of Tucker discloses the intake of orders via waitstaff at a particular table then the subsequent splitting of the final bill between multiple customers. There is no combining or intake of mobile orders and in-store orders. As such, there is no teaching or suggestion in this reference of a "slip information management table" as such is recited in the base claims 1 and/or 11. Accordingly, this reference necessarily fails to cure the deficiencies in Tajiri and Momose noted above with respect to claims 1 and 11. As such, the office action fails to establish a prima facie case of obviousness with respect to claim claims 8 & 9 (dependent on claim 1) and claims 18 & 19 (dependent on claim 11 ). Claims dependent on claim 11 are similarly allowable for at least the same reasons as claim 11. Accordingly, it is respectfully requested that the rejection of claims 8-9 and 18-19 under 35 U.S. C. § 103 as being unpatentable over Tajiri, in view of Momose, in further view of Tucker, be reconsidered and withdrawn (Remarks, page 14).
Examiner respectfully disagrees. Applicant’s argument has been considered but is moot because Tucker is not cited to teach the "slip information management table" recited in the base claims 1 and/or 11. As detailed in response to the arguments above, the independent claims are taught by the cited references. Accordingly, claims 8-9 and 18-19 are rejected by the cited references.
Applicant further argues that, regarding claims 10 and 20, Park is alleged to teach or suggest aspects related to a "table status request" or the like. However, Applicant submits whatever this reference may or may not teach in this respect, it fails to cure the deficiencies in Tajiri and Momose noted above with respect to base claim 1 (upon which claim 10 is dependent) and base claim 11 (upon which claim 20 is dependent). As such, the office action fails to establish a prima facie case of obviousness with respect claims 10 and 20 for at least this reason. Accordingly, it is respectfully requested that the rejection of claims 10 and 20 under 35 U.S.C. § 103 as being unpatentable over Tajiri in view of Momose, in further view of Park, be reconsidered and withdrawn (Remarks, pages 14-15).
Examiner respectfully disagrees. Park is not cited to teach the independent claims. As detailed in response to the arguments above, the independent claims are taught by the cited references. Accordingly, claims 10 and 20 are rejected by the cited references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Helms et al. (US 2021/0304169 A1) teaches keeping a record of orders made by patrons.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIELLE E WEINER whose telephone number is (571)272-9007. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria-Teresa (Marissa) Thein can be reached at 571-272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ARIELLE E WEINER/ Primary Examiner, Art Unit 3689
Prosecution Insights