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 .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/20/2026 has been entered.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
4. 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.
5. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
6. Claims 1-2, 5, 7-8, 10-12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2019/0005545 to Roh in view of U.S. Pat. Pub. No. 2020/0223632 to Melanson.
In Reference to Claims 1, 11, and 20
Roh discloses a robot, system, and method of providing escort services ([0157, 0239]) at a venue (Figs, 1-4 and 8), comprising:
a propulsion system configured control movement of the robot (motor and wheels Fig. 8);
at least one display device (display 20);
at least one memory with instructions stored thereon (memory 0097); and
at least one processor in communication with the at least one memory (MCU 0097, see also controller 740 [0118]), wherein the instructions, when executed by the at least one processor, cause the at least one processor to:
cause the at least one display device to display advertising content while the robot is on standby in a predefined area of a venue ([0150], see also, zone that appears when people pass thru immigration is divided into an air side and a land side where moving robot 1 is displaying said standby screen [0143]);
receive an escort service request associated with escorting a person to a destination location at the venue (“In addition, when the user requests guidance, the controller 740 may perform control such that the user can be escorted to the destination selected by the user [0120]);
determine a path (path [0063], route and distance to destination [0156[) from a starting location to the destination location at the venue ([0156]; see also, “the current position 1621 and the position of the destination may be displayed on the map together with a route” [0211]));
cause the propulsion system to navigate the robot between the starting location and the destination location (“The guidance robot 1 may move along a predetermined path to guide the user through a way” [0063, 0160, 0207]), and
cause the at least one display device to display at least one message associated with the venue as the robot navigates between the starting location and the destination location, the at least one message comprising one or more of the advertising content or other content associated with the venue (Roh discloses a message of an advertisement screen [0141], See also, Roh discloses the advertisements can change based on location [0171].
Roh further discloses as part of its escort service as it navigates between the starting location and the destination location, a menu allowing a user to receive information on shopping, boarding gates, lounges, restaurants, and amenities ([0190]) where the user may select from these and find a destination in one of these categories or use a corresponding service [0191]).
Roh discloses the invention substantially as claimed to include a standby mode in a location. However, the reference does not explicitly disclose roaming or moving about the pre-defined area or of a container comprising a storage area for one or more beverage items and advertising messages of beverage options, receive an input requesting the robot stop navigating to the destination location, cause the propulsion system to pause the robot, provide access to the storage area allowing the person to take a beverage item, and resume causing the propulsion system to navigate the robot to the destination location. One of skill in the art would recognize the teachings of Melanson.
According to delivery robots of Melanson (Titl.), Fig. 2 teaches of robot unit 102 configured to deliver items 104 to sites or individuals [0037]. The robot operates autonomously to follow predetermined or programmed routes or paths 110 throughout a facility [0037] and grant access to authorized individuals delivered items 104a held in a plurality of storage containers 114. Melanson teaches of a robot delivery system that can be flexibly reconfigured to delivery snacks and drinks to residents of a location e.g., hotel [0005] where the robot can be configured as a vending unit [0010, 0067] carry drinks [0009, 0010, beverages 0037, food items 0066] (see also Figs. 12 and 13) to deliver items to individuals [0037]. Upon a closer re-reading, while Melanson discloses that the robot run on a pre-determined path [0040], the robot accommodates detours i.e., deviations from the scheduled path [0040] and make emergency stops [0052].
Melanson also teaches of advertising messaging where “[r]eferring to Fig. 10, in some embodiments, the housing 126 includes a message panel 146. The message panel 146 can be a LED array, LCD array, etc. configured to display textual and/or graphical messages. The textual and/or graphical massages can be a greeting, an informational message (e.g., informing a user where the robotic unit 102 is headed, if there is a malfunction, etc.), an advertisement, a logo, etc. ([0053]). In Fig. 22 the robot includes a display 142 and interface 116. “The user interface 116 can be programmed to facilitate control of the display of various operational aspects of the robot [0085]. The user interface 116 includes interactive elements to allow a user to enter information that allows the user to open and close the housing door 140 [0085]. Further, Melanson teaches:
[0098] In one exemplary implementation, the robotic unit 102 is caused to follow a generally determined or predetermined path 110 throughout the facility (e.g., hotel). This can involve any one or combination of roaming about the hotel by following predetermined paths dictated by a map of the hotel, making specific deliveries to specific locations, making specific deliveries to specific individuals, etc. For instance, the robotic unit 102 can be cause to deliver item 104a to individual-A 108a located a room 123. The robotic unit 102 then navigates the predetermined path 110 and takes any detours that it is instructed to take via the computer device 124 and/or calculated to take by data acquisition of the surroundings. On its way, individual-B 108b stops the robotic unit 102 to access item 104b from the container-B upon the robotic unit 102 receiving validating information from individual-B 108b. The robotic unit 102 navigates to room 123 and receives validating information that it is located at room 123 (e.g., the robotic unit 102 determines it is at room 123 by comparing its location with the map). Individual-A accesses item 104a from container-A upon the robotic unit 102 receiving validating information from individual-A 108a. The robotic unit 102 then continues to roam about the hotel to be stopped by individual-C located at the lobby area. Individual-C accesses item 104c from container-C upon the robotic unit 102 receiving validating information from individual-C 108a that individual-C is a guest of the hotel.
Examiner understands Melanson to teach of roaming or moving about the pre-defined area as well as a container comprising a storage area for one or more beverage items; and of advertising messages. Further, that because the robot stops for individual-B to access item 104b that the robot necessarily must receiving an input requesting the robot stop navigating to the destination location and causing the propulsion system to pause the robot to provide access to the storage area allowing the person to take a beverage item and resuming causing the propulsion system to navigate the robot to the destination location to room 123. Melanson invents his system in order to deliver items via autonomous robots adapted for payload configurations to meet differing delivery needs [0002].
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way; and
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Here, it would require only routine skill in the art to modify the escort service, information as to lounges, restaurants, amenities, and use a corresponding service of Roh with the robot of Melanson flexibly reconfigured with a storage area container of beverage items for patrons to access to achieve the predictable result of not only escorting patrons but also to deliver refreshments and related amenities so patrons may continue to enjoy their activities at the gaming establishment and a new revenue stream/loyalty perk for patrons of the establishment. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
In Reference to Claims 2 and 12
Roh discloses wherein the at least one display device comprises at least one touchscreen device (touch monitor 312 and touch input [0157]), and wherein the instructions further cause the at least one processor to receive the escort service request based on an input at the at least one touchscreen device (input of keyword [0156]).
In Reference to Claim 5
Roh discloses a path based at least in part upon at least one message received from a server (central system 210 [0176] messages, emails [0176]).
In Reference to Claim 7
Roh discloses one audio output associated with predetermined information ([0122]) of which include advertisements ([0149]).
In Reference to Claim 8
Roh discloses advertising associated with another location at the venue of a shop near the current position [0166]).
In Reference to Claim 10
Roh discloses a host service of advertising services ([0146]) and restaurants 214 and amenities 1216 {entertainment services} ([0190]).
7. Claims 3-4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Roh, Melanson further in view of U.S. Pat. Pub. No. 2021/0046650 to Deyle.
In Reference to Claims 3 and 13
Roh discloses wherein the escort service request is received from a server ([0115]) but is silent wherein said processor to cause the propulsion system to navigate the robot from a current location of the robot to the starting location.
One of skill in the art would be led to the teachings of Deyle wherein mobile robots are capable of not only escorting a person to a destination but also can escort a person back to the location from which they started [0139].
It would only require routing skill in the art to modify the operations of the robot of Roh with the ability of Deyle to escort persons back to where they started as a convenience to the person escorted to help them return as they may not be familiar with the space which was their need for an escort person in the first place. The Courts have held that applying a known technique to a known device (method, or product) ready for improvement to yield predictable results to be indicia of obviousness.
In Reference to Claims 4 and 14
Deyle discloses receiving said escort service request from an end user device associated with the person such as a phone as part of a remote access system 240 ([0049]).
8. Claims 6, 15, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Roh, Melanson further in view of U.S. Pat. Pub. No. 2016/0328730 to Salamon.
Roh discloses the invention substantially as claimed. However, the reference does not explicitly disclose advertising content comprising a scannable code.
Examiner notes that the contents of the advertising are non-functional descriptive matter as the code bears no effect on the substrate i.e., the functioning of the robot as no elements of the claim operate any differently whether the advertising has a scannable code as content or not. In the case of Claim 21, the scannable code is associated with creating an account. Arguably, it is not positively recited that an account is created and as such the claim is construed as a mere intended use. Nonetheless, Applicant is directed to the teachings of Roh in view of Salamon.
Roh teaches of different kinds of advertising content in an airport sorted by the sex and age of users and of advertising type displayed based on position/destination information such as a preferential exchange coupon ([0214]). The advertisement image according to the present disclosure may be displayed on the guidance information screen, or may be displayed on a portion of the second display 21 together with the guidance information screen (Fig. 22, [0229], [0214], Fig. 19 1630, Fig. 23 1631). However, the advertising content does not specify scannable codes.
Salamon teaches of acknowledging content (advertisements) and providing award opportunities (Titl. [0006]) such as coupons, digital rewards, digital coupons if the user acknowledges the advertisement ([0006]). According to Salamon, advertisements can be displayed on any device ([0021]) accompanied by a scannable code as acknowledgement to an advertiser (See billboard with code, bus stop with QR code ([0029])) and, in one embodiment, the detecting of an advertisement by taking the image of a QR code, causes an account login and registration page to appear on the user's device, allowing a new user to create an account at the same time it acknowledged its first advertisement ([0019]). Examples of accounts taught are loyalty accounts ([0021]). Salamon also teaches advertising content can also be audio, video, or textual ([0005, 0013, 0022, 0023]).
It would require only routine skill in the art to modify the robot displayed advertisements of Roh to further include a scannable code such as a QR code or audio output of Salamon which enables an acknowledgment to a retailer and a user to receive a reward opportunity as well as conveniently allow the user to create a loyalty program account with the retailer associated with the advertisement. The Courts have held that the use of a known technique to improve similar devices (methods, or products) in the same way to be indicia of obviousness.
9. Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Roh, Melanson further in view of U.S. Pat. Pub. No. 2016/0012465 to Sharp.
In Reference to Claim 22
Roh teaches of different kinds of advertising content in an airport sorted by the sex and age of users and of advertising type displayed based on position/destination information such as a preferential exchange coupon ([0214]). The advertisement image according to the present disclosure may be displayed on the guidance information screen, or may be displayed on a portion of the second display 21 together with the guidance information screen (Fig. 22, [0229], [0214], Fig. 19 1630, Fig. 23 1631). However, the reference does not explicitly disclose wherein the advertising content comprises at least one scannable code, the code being associated with creating a new player loyalty account associated with the venue, and at least one processor prints a loyalty card based upon creation of the new player loyalty account. One of skill in the art would be aware of the system and methods of distribution of Sharp.
According to Sharp, various communication platforms can be used for improving a customer experience with a vendor where advertising means present offers regarding a good or service to customer that is located proximate a current geographic location of the customer [0185]. Advertising content is delivered including scannable indicia ([0101]) with the advantage of helping new customers sign up or register for events ([0102], see also, image data scanned by mobile phone in order to assist the user with performing an action [0705]) and help customers sign up for clubs or mailing lists ([1102]). For example, an item code is displayed on a billboard having a known location wherein a user observes the billboard and speaking, texting, emailing, or tweeting the code via mobile device which results in a purchase which can be deliverable via robot ([1067]) and or activation of a button within a zone of proximity of the billboard performs a function of registering for an event ([1067]). Further, Sharp teaches of improving a customer’s shopping experience wherein a kiosk printer prints image information onto a card blank to include a customer loyalty program card ([0182]). Examiner interprets Sharp to teach that the printed card is one such physical item delivered by robot.
Here, it would require only routine skill in the art to modify the robot operation of Roh with the features of Sharp in order to achieve the predictable result of improving the customer experience with a vendor. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
In Reference to Claim 23
Examiner construes “player tracking” as non-functional descriptive matter as there is
nothing recited in the balance of the claim that the player tracking server serves any specific
purpose or serves any particular function that Sharps server does not perform.
Sharp teaches in the context of funds or credits delivered to a user and of creating new accounts, “[i]n some embodiments, one or more instructions may be provided to a user to verify accounts, confirm transaction requests, and/or validate electronic addresses, without limitation” where “[a]ny number of confirmation requests, or other messages comprising instructions may be sent back and forth between system components (e.g., between a system-integrated server 122, 125, 128, 136 and a mobile device 96 or computing device 95 of the sending user 91, or between a system-integrated server 122, 125, 128, 136 and a mobile device 96 or computing device 95 of a recipient 92), in order to reduce error and improve platform robustness, without limitation. Examiner interprets Sharp to teach that after instructions are exchanged between system components a process is verified a new customer intended to receive a printed customer loyalty program card ([0182]). Sharp provides this process in order to reduce error and improve platform robustness ([1079])
10. Claim 24 are rejected under 35 U.S.C. 103 as being unpatentable over Roh, Melanson further in view of U.S. Pat. Pub. No. 2013/0304644 to Kalinichenko.
Roh discloses the invention substantially as claimed. However, the reference does not explicitly disclose an advertisement with a scannable code and causing a camera to take a picture of the person as part of image data for a new player loyalty account and storing the image data. Examiner construes player loyalty as non-functional descriptive matter as whether the account is a player loyalty or any other kind of account has no effect on the operation of the claim or limitations). One of skill in the art would be aware of establishing a financial account (Titl.) of Kalinichenko.
According to Kalinichenko, using a mobile device, a financial account can be opened with the camera capturing a digital image of the applicant’s identification ([0006, 0025]) as well as other components of the identification which can include a picture ([0026]) on the identification and the information can be stored on a server in an account associated with the applicant. For example, [t]he financial services company can post a promotion or advertisement on a billboard, in a magazine, on a website, or during a commercial. The promotion or advertisement can be a bar code. The applicant can image the promotion or advertisement using his/her mobile computing device to initiate the account opening. The financial services company can transmit a software application to the mobile computing device, which can include a form to be completed by the applicant and instructions. The mobile computing device can be used to image identification of the applicant to complete the form. Both sides of the identification can be photographed by the applicant. The images of the identification can be stored locally on the mobile computing device 42 and/or can be stored on a server of the financial services representative.
Here, it would require only routine skill in the art to modify the robot of Roh with the features of Kalinichenko to achieve the predictable result of allowing a patron being escorted of receiving information from a service robot to open a new account to the one or more merchants and retails at the location and establish ownership of store cards or establish lines of credit. The Courts have held that the use of a known technique to improve similar devices (methods, or products) in the same way to be indicia of obviousness.
Allowable Subject Matter
11. Claim 26 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
12. The following is a statement of reasons for the indication of allowable subject matter: the combination of references nor U.S. Pat. Pub. No. 2019/0033868 to Ferguson, U.S. Pat. Pub. No. 2018/0300676 to Peterson, nor U.S. Pat. Pub. No. 2019/0050952 to Goldberg while disclosing robots do not recite determining a stock of the one or more beverage items stored in the storage area; and causing the at least one message to only include the one or more beverage items that are in stock in the storage area.
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992.
15. 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.
16. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached on (571) 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992.
/PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715
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