Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
1. This office action is responsive to amendment filed on 12/17/2025. Claims 1, 3-7, 9-11, and 13-14 are amended. Claims 1-14 are pending examination.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-14 of US Application No. 18512243 and claim(s) 1-10 of US Application No. 18825625. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform the same method steps and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other inventions.
Application number: 185122251. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed;
extract facial feature information from a face area of the captured images and cause an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
Copending application number: 18512243
1. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images and cause an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutput a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points
Copending application number: 18825625
1.A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a face of a user is photographed at a plurality of points; extract the user's face area or facial feature information from the captured images and cause an authentication apparatus to perform face authentication; generate a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmit the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
7. A visit promotion system comprising: a prescribed photographing device configured to take images including a user's face area; a visit promotion apparatus configured to be able to communicate with the prescribed photographing device; and an authentication apparatus configured to store registered facial feature information in a database and be able to communicate with the visit promotion apparatus, wherein the visit promotion apparatus includes: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire the captured images of the user who has been photographed by the prescribed photographing device;extract facial feature information from a face area of the captured images and cause the authentication apparatus to perform face authentication by comparing the extracted facial feature information with the registered facial feature information stored in the database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
7. A visit promotion system comprising: a prescribed photographing device configured to take images including a user's face area; a visit promotion apparatus configured to be able to communicate with the prescribed photographing device; andan authentication apparatus configured to store registered facial feature information in a database and be able to communicate with the visit promotion apparatus, wherein the visit promotion apparatus includes:at least one memory configured to store instructions, and at least one processor configured to execute the instructions to:acquire captured images of the user who has been photographed by the prescribed photographing device;extract facial feature information from a face area of the captured images and cause the authentication apparatus to perform face authentication by comparing the extracted facial feature information with the registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutput a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
3. A visit promotion system comprising: a prescribed photographing device configured to take images including a user's face area; a visit promotion apparatus configured to be able to communicate with the prescribed photographing device; and an authentication apparatus configured to store the user's facial feature information and be able to communicate with the visit promotion apparatus, wherein the visit promotion apparatus includes: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire the captured images of a face of the user who has been photographed by the prescribed photographing device at a plurality of points; extract the user's face area or facial feature information from the captured images and cause the authentication apparatus to perform face authentication; generate a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmit the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
9. A visit promotion method comprising the steps performed by a computer, the visit promotion method comprising: of:acquiring captured images in which a user is photographed;
extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identifying a plurality of points visited by the user based on the face authentication;
identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
9. A visit promotion method performed by a computer, the visit promotion method comprising: acquiring captured images in which a user is photographed; extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identifying a plurality of points visited by the user based on the face authentication;identifying, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
5. A visit promotion method performed by a computer, the visit promotion method comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting the user's face area or facial feature information from the captured images and causing an authentication apparatus to perform face authentication; generating a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmitting information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: acquiring captured images in which a user is photographed;
extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication comparing the extracted facial feature information with registered facial feature information stored in a database;
identifying a plurality of points visited by the user based on the face authentication;
identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
10. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: acquiring captured images in which a user is photographed;extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identifying a plurality of points visited by the user based on the face authentication;identifying, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
6. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute operations comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting the user's face area or facial feature information from the captured images and causing an authentication apparatus to perform face authentication; generating a composite image e in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmitting information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
11. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images; perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
11. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images; perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutput a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
7. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a face of a user is photographed at a plurality of points; extract a face area or facial feature information from the captured images; perform face authentication based on the face area or the facial feature information; generate a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmit the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
13. A visit promotion method comprising the steps performed by a computer , the visit promotion method comprising:
acquiring captured images in which a user is photographed;
extracting a face area or facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
13. A visit promotion method comprising the steps performed by a computer, the visit promotion method comprising: acquiring captured images in which a user is photographed; extracting a face area or facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
9. A visit promotion method comprising performed by a computer, the visit promotion method comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting a face area or facial feature information from the captured images; performing face authentication based on the face area or the facial feature information; generating a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmitting information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
14. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute:
acquiring captured images in which a user is photographed;
extracting facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identifying a plurality of points visited by the user based on the face authentication;
identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
14. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: acquiring captured images in which a user is photographed; extracting facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identifying a plurality of points visited by the user based on the face authentication;identifying, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
10. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute operations comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting a face area or facial feature information from the captured images; performing face authentication based on the face area or the facial feature information; generating a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
As to the dependent claims:
Instant claim 2 of application number 18512225 is fully disclosed in claim 2 of the copending application numbers 18512243, and limitations presented in claim 2 of application number 18512225 is an obvious variation presented in the additional limitations of claim 1 of application 17639002.
Instant claim 3 of application number 18512225 is fully disclosed in claim 3 of the copending application numbers 18512243.
Instant claim 4 of application number 18512225 is fully disclosed in claim 4 of the copending application numbers 18512243.
Instant claim 5 of application number 18512225 is fully disclosed in claim 5 of the copending application numbers 18512243.
Instant claim 6 of application number 18512225 is fully disclosed in claim 6 of the copending application numbers 18512243.
Instant claim 8 of application number 18512225 is fully disclosed in claim 8 of the copending application numbers 18512243, and limitations presented in claim 8 of application number 18512225 is an obvious variation presented in the additional limitations of claim 7 of application 17639002.
Instant claim 12 of application number 18512225 is fully disclosed in claim 12 of the copending application numbers 18512243.
It would have been obvious to one having ordinary skill in the art to make the changes above in order to cover slightly broader limitations. Furthermore, the claimed elements perform the same function as before. Furthermore, there is no apparent reason why applicant would be prevented from presenting claims corresponding to those of the instant application in the other copending application.
Claim Rejections - 35 USC § 101
3. 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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 9, 13 is/are drawn to method (i.e., a process), claim(s) 1, 7, 11 is/are drawn to a system (i.e., a machine/manufacture), and claim(s) 10, 14 is/are drawn to non-transitory computer readable medium (i.e., a machine/manufacture). As such, claims 1, 7, 9, 10, 11, 13, and 14 is/are drawn to one of the statutory categories of invention.
Claims 1-14 are directed to acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history. Specifically, claim(s) 1, 7, 9, 10, 11, 13, and 14 recite(s) acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images and cause an authentication to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored; identify a plurality of points visited by the user based on the face authentication; identify, based on a payment history of the user, a total amount of payment at the plurality of points; and output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and grouped as following:
acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images and cause an authentication to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
identify a plurality of points visited by the user based on the face authentication; identify, based on a payment history of the user, a total amount of payment at the plurality of points; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as database, apparatus, system, processor, memory, computer, non-transitory computer-readable medium merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the database, apparatus, system, processor, memory, computer, non-transitory computer-readable medium perform(s) the steps or functions of acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images and cause an authentication to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored; identify a plurality of points visited by the user based on the face authentication; identify, based on a payment history of the user, a total amount of payment at the plurality of points; and output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a database, apparatus, system, processor, memory, computer, non-transitory computer-readable medium to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history. As discussed above, taking the claim elements separately, the database, apparatus, system, processor, memory, computer, non-transitory computer-readable medium perform(s) the steps or functions of acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images and cause an authentication to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored; identify a plurality of points visited by the user based on the face authentication; identify, based on a payment history of the user, a total amount of payment at the plurality of points; and output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-6, 8, and 12 further describe the abstract idea of acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history. Claim(s) 2-6, 8, and 12 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using apparatus, system, non-transitory computer-readable medium, processor, display terminal, storage apparatus to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history. As discussed above, taking the claim elements separately, the social networking server, electronic network perform(s) the steps or functions of wherein further configured to execute the instructions to: generate a composite image including the captured images at the respective points of the user who has succeeded in the face authentication, when a prescribed image generation condition based on the face authentication at a plurality of points is satisfied; and transmit the generated composite image as the benefit; record, in history, user ID of the user who has succeeded in the face authentication and the captured images in association with each other, when the face authentication is successful, and acquire the captured images associated with the user ID of the user who has succeeded in the face authentication from the history and use the captured images to generate a composite image; a payment history and user ID included in the payment history in association with each other, wherein further configured to execute the instructions to: determine whether a payment history of the user who has succeeded in the face authentication satisfies the prescribed payment history condition; wherein the visit promotion further comprising point storage configured to store point ID in the captured images and access information at the points in association with each other, and wherein further configured to execute the instructions to: acquire access information associated with the point ID in the captured images from the point and incorporate the access information to generate the composite image; wherein the prescribed image generation condition includes successful face authentication at a prescribed point, and wherein further configured to execute the instructions to: acquire the point ID in the captured images using which the face authentication is successful from the point, and determine whether the point ID is point ID at the prescribed point. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito et al., (U.S. Patent Application Publication No. 20170068845) in view of Hio, (U.S. Patent Application Publication No. 20130044922) in view of Stern et al., (U.S. Patent Application Publication No. 20200090266) in view of Walker et al. (U.S. Patent No. 7376580).
As to Claim 1, Saito teaches a visit promotion apparatus comprising: at least one memory (claim 6: storage for storing images) configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; (0012: captures an image of the certain location to obtain image data), (0013: captured face image), extract facial feature information from a face area of the captured images and cause an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database; (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.).
Saito does not teach identify a plurality of points visited by the user based on the face authentication.
However Hio teaches identify a plurality of points visited by the user based on the face authentication; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identify a plurality of points visited by the user based on the face authentication of Hio. Motivation to do so comes from the knowledge well known in the art that identify a plurality of points visited by the user based on the face authentication would provide more accurate data of places visited which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach identify, based on a payment history of the user, a total amount of payment at the plurality of points.
However Stern teaches identify, based on a payment history of the user, a total amount of payment at the plurality of points; and (0072: the merchant data associated with the plurality of merchants may include data associated with a total transaction amount of a plurality of payment transactions conducted over a time interval).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identify, based on a payment history of the user, a total amount of payment at the plurality of points of Stern. Motivation to do so comes from the knowledge well known in the art that identify, based on a payment history of the user, a total amount of payment at the plurality of points would provide more accurate data of payment history of the user which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
However Walker teaches output a notification indicating a benefit is available (outputting, at the point of sale terminal, an offer) to the user when the total amount of payment is greater than or equal (an amount that is… greater than the purchase total) to a prescribed amount (purchase total); (claim 11: determining a purchase total for a first transaction being conducted at a point of sale terminal, the transaction including a plurality of products; determining a benefit, in which the benefit comprises a guarantee that an amount that is greater than the purchase total will be charged for the plurality of products during a second transaction; outputting, at the point of sale terminal, an offer to sell the benefit for a price, wherein the price is different than the purchase total; and charging the price to a customer participating in the first transaction if the customer accepts the offer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount of Walker. Motivation to do so comes from the knowledge well known in the art that output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount would provide an incentive that the user would use as a discount to the item hes purchase and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 2, Saito, Hio, Stern, and Walker teach the visit promotion apparatus according to Claim 1.
Saito further teaches wherein the at least one processor is further configured to execute the instructions to:generate a composite image including the captured images at the respective points of the user who has succeeded in the face authentication, when a prescribed image generation condition based on the face authentication at a plurality of points is satisfied; and (0016: generates a composite face image an example of the third face image) that a composite image of a registered face image (an example of the second face image) that is a face image stored in the first biological information management unit 106 to be described later and the inhibiting factor detected by the image condition detector 102. The image compositor 103 outputs the generated composite face image to the feature extractor 104. In the present embodiment, when the image condition detector 102 detects an inhibiting factor, the image compositor 103 generates a composite face image that combines only the detected inhibiting factor with the registered face image.), (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.),transmit the generated composite image as the benefit to a prescribed display terminal; (0009: The display displays a search result of the predetermined person obtained by the search unit.).
As to Claim 3, Saito, Hio, Stern, and Walker teach the visit promotion apparatus according to Claim 2.
Saito further teaches wherein the at least one processor is further configured to execute the instructions to:record, in history storage apparatus, user ID of the user who has succeeded in the face authentication and the captured images in association with each other, when the face authentication is successful; and acquire the captured images associated with the user ID of the user who has succeeded in the face authentication from the history storage apparatus and use the captured images to generate the composite image; (0023: captured face image and identification (ID) information (for example, name, sex, age, or height of the predetermined person) by which the predetermined person can be identified. When the matching unit 105 uses the composite face image in searching for the predetermined person, the first biological information management unit 106 stores therein the composite face image as a registered face image in association with the feature of the composite face image and the ID information. The first biological information management unit 106 may store therein, for example, the subspace of the captured face image or the composite face image, or a correlation matrix instead of storing the feature of the captured face image or the composite face image. The second biological information management unit 107 stores therein results of the search processing performed by the matching unit 105.), and (claim 6: The people search system according to claim 1, further comprising: a first storage that stores therein, as the second face image, the first face image and the third face image that have been used in searching for the predetermined person in association with identification information of the predetermined person, wherein when the inhibiting factor has not been detected, the search unit searches for the predetermined person based on the similarity between the feature of the first face image and the feature of the second face image stored in the first storage, and, when the inhibiting factor has been detected, the search unit generates the third face image that is a composite image of the second face image stored in the first storage and the inhibiting factor.).
As to Claim 4, Saito, Hio, Stern, and Walker teach the visit promotion apparatus according to Claim 3.
Saito further teaches wherein the at least one processor is further configured to execute the instructions to:record, in the history storage apparatus, the payment history and the user ID included in the payment history in association with each other; and determine whether the payment history of the user who has succeeded in the face authentication satisfies the prescribed payment history condition; (0016 and 0023).
As to Claim 5, Saito, Hio, Stern, and Walker teach the visit promotion apparatus according to Claim 2.
Saito further teaches wherein the visit promotion apparatus further comprising a point storage apparatus configured to store point ID in the captured images and access information at the points in association with each other, and wherein the at least one processor is further configured to execute the instructions to:acquire access information associated with the point ID in the captured images from the point storage apparatus and incorporate the access information to generate the composite image; (0016: detects an inhibiting factor, the image compositor 103 generates a composite face image an example of the third face image) that a composite image of a registered face image (an example of the second face image) that is a face image stored in the first biological information management unit 106 to be described later and the inhibiting factor detected by the image condition detector 102. The image compositor 103 outputs the generated composite face image to the feature extractor 104. In the present embodiment, when the image condition detector 102 detects an inhibiting factor, the image compositor 103 generates a composite face image that combines only the detected inhibiting factor with the registered face image. This configuration eliminates the need for combining other inhibiting factors than the detected inhibiting factor with the registered face image, which can reduce the time for generating the composite face image. If the image condition detector 102 detects no inhibiting factor, the image compositor 103 generates no composite face image, and outputs the registered face image to the feature extractor).
As to Claim 6, Saito, Hio, Stern, and Walker teach the visit promotion apparatus according to Claim 5.
Hio further teaches wherein the prescribed image generation condition includes successful face authentication at a prescribed point, and wherein the at least one processor is further configured to execute the instructions to:acquire the point ID in the captured images using which the face authentication is successful from the point storage apparatus, and determine whether the point ID is associated with the prescribed point; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include acquire the point ID in the captured images using which the face authentication is successful from the point storage apparatus, and determine whether the point ID is associated with the prescribed point. Motivation to do so comes from the knowledge well known in the art that acquire the point ID in the captured images using which the face authentication is successful from the point storage apparatus, and determine whether the point ID is associated with the prescribed point would provide more accurate data which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 7, Saito teaches a visit promotion system comprising: a prescribed photographing device configured to take images including a user's face area; (0012: captures an image of the certain location to obtain image data), (0013: captured face image), a visit promotion apparatus configured to be able to communicate with the prescribed photographing device; and an authentication apparatus configured to store registered facial feature information in a database and be able to communicate with the visit promotion apparatus, wherein the visit promotion apparatus includes: (claim 6: storage for storing images)at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire the captured images of the user who has been photographed by the prescribed photographing device; (0012: captures an image of the certain location to obtain image data), (0013: captured face image),extract facial feature information from a face area of the captured images and cause the authentication apparatus to perform face authentication by comparing the extracted facial feature information with the registered facial feature information stored in the database; (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.).
Saito does not teach identify a plurality of points visited by the user based on the face authentication.
However Hio teaches identify a plurality of points visited by the user based on the face authentication; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identify a plurality of points visited by the user based on the face authentication of Hio. Motivation to do so comes from the knowledge well known in the art that identify a plurality of points visited by the user based on the face authentication would provide more accurate data of places visited which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach identify, based on a payment history of the user, a total amount of payment at the plurality of points.
However Stern teaches identify, based on a payment history of the user, a total amount of payment at the plurality of points; and (0072: the merchant data associated with the plurality of merchants may include data associated with a total transaction amount of a plurality of payment transactions conducted over a time interval).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identify, based on a payment history of the user, a total amount of payment at the plurality of points of Stern. Motivation to do so comes from the knowledge well known in the art that identify, based on a payment history of the user, a total amount of payment at the plurality of points would provide more accurate data of payment history of the user which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
However Walker teaches output a notification indicating a benefit is available (outputting, at the point of sale terminal, an offer) to the user when the total amount of payment is greater than or equal (an amount that is… greater than the purchase total) to a prescribed amount (purchase total); (claim 11: determining a purchase total for a first transaction being conducted at a point of sale terminal, the transaction including a plurality of products; determining a benefit, in which the benefit comprises a guarantee that an amount that is greater than the purchase total will be charged for the plurality of products during a second transaction; outputting, at the point of sale terminal, an offer to sell the benefit for a price, wherein the price is different than the purchase total; and charging the price to a customer participating in the first transaction if the customer accepts the offer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount of Walker. Motivation to do so comes from the knowledge well known in the art that output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount would provide an incentive that the user would use as a discount to the item hes purchase and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 8, Saito, Hio, Stern, and Walker teach the visit promotion system according to Claim 7.
Saito further teaches As to Claim 5, Saito, Hio, Stern, and Walker teach the visit promotion apparatus according to Claim 1.
Saito further teaches wherein the visit promotion apparatus further comprising a point storage apparatus configured to store point ID in the captured images and access information at the points in association with each other, and wherein the at least one processor is further configured to execute the instructions to:acquire access information associated with the point ID in the captured images from the point storage apparatus and incorporate the access information to generate the composite image; (0016: detects an inhibiting factor, the image compositor 103 generates a composite face image an example of the third face image) that a composite image of a registered face image (an example of the second face image) that is a face image stored in the first biological information management unit 106 to be described later and the inhibiting factor detected by the image condition detector 102. The image compositor 103 outputs the generated composite face image to the feature extractor 104. In the present embodiment, when the image condition detector 102 detects an inhibiting factor, the image compositor 103 generates a composite face image that combines only the detected inhibiting factor with the registered face image. This configuration eliminates the need for combining other inhibiting factors than the detected inhibiting factor with the registered face image, which can reduce the time for generating the composite face image. If the image condition detector 102 detects no inhibiting factor, the image compositor 103 generates no composite face image, and outputs the registered face image to the feature extractor).
As to Claim 9, Saito teaches a visit promotion method comprising the steps performed by a computer, the visit promotion method comprising: of:acquiring captured images in which a user is photographed; (0012: captures an image of the certain location to obtain image data), (0013: captured face image),extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database; (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.),
Saito does not teach identifying a plurality of points visited by the user based on the face authentication.
However Hio teaches identifying a plurality of points visited by the user based on the face authentication; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying a plurality of points visited by the user based on the face authentication of Hio. Motivation to do so comes from the knowledge well known in the art that identifying a plurality of points visited by the user based on the face authentication would provide more accurate data of places visited which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach identifying, based on a payment history of the user, a total amount of payment at the plurality of points.
However Stern teaches identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and (0072: the merchant data associated with the plurality of merchants may include data associated with a total transaction amount of a plurality of payment transactions conducted over a time interval).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying, based on a payment history of the user, a total amount of payment at the plurality of points of Stern. Motivation to do so comes from the knowledge well known in the art that identifying, based on a payment history of the user, a total amount of payment at the plurality of points would provide more accurate data of payment history of the user which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
However Walker teaches outputting a notification indicating a benefit is available (outputting, at the point of sale terminal, an offer) to the user when the total amount of payment is greater than or equal (an amount that is… greater than the purchase total) to a prescribed amount; (purchase total); (claim 11: determining a purchase total for a first transaction being conducted at a point of sale terminal, the transaction including a plurality of products; determining a benefit, in which the benefit comprises a guarantee that an amount that is greater than the purchase total will be charged for the plurality of products during a second transaction; outputting, at the point of sale terminal, an offer to sell the benefit for a price, wherein the price is different than the purchase total; and charging the price to a customer participating in the first transaction if the customer accepts the offer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount of Walker. Motivation to do so comes from the knowledge well known in the art that outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount would provide an incentive that the user would use as a discount to the item hes purchase and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 10, Saito teaches a non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: acquiring captured images in which a user is photographed; (0012: captures an image of the certain location to obtain image data), (0013: captured face image),extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication comparing the extracted facial feature information with registered facial feature information stored in a database; (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.).
Saito does not teach identify a plurality of points visited by the user based on the face authentication.
However Hio teaches identifying a plurality of points visited by the user based on the face authentication; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying a plurality of points visited by the user based on the face authentication of Hio. Motivation to do so comes from the knowledge well known in the art that identifying a plurality of points visited by the user based on the face authentication would provide more accurate data of places visited which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach identifying, based on a payment history of the user, a total amount of payment at the plurality of points.
However Stern teaches identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and (0072: the merchant data associated with the plurality of merchants may include data associated with a total transaction amount of a plurality of payment transactions conducted over a time interval).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying, based on a payment history of the user, a total amount of payment at the plurality of points of Stern. Motivation to do so comes from the knowledge well known in the art that identifying, based on a payment history of the user, a total amount of payment at the plurality of points would provide more accurate data of payment history of the user which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
However Walker teaches output a notification indicating a benefit is available (outputting, at the point of sale terminal, an offer) to the user when the total amount of payment is greater than or equal (an amount that is… greater than the purchase total) to a prescribed amount (purchase total); (claim 11: determining a purchase total for a first transaction being conducted at a point of sale terminal, the transaction including a plurality of products; determining a benefit, in which the benefit comprises a guarantee that an amount that is greater than the purchase total will be charged for the plurality of products during a second transaction; outputting, at the point of sale terminal, an offer to sell the benefit for a price, wherein the price is different than the purchase total; and charging the price to a customer participating in the first transaction if the customer accepts the offer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount of Walker. Motivation to do so comes from the knowledge well known in the art that output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount would provide an incentive that the user would use as a discount to the item hes purchase and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 11, Saito teaches a visit promotion apparatus comprising: at least one memory (claim 6: storage for storing images) configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; (0012: captures an image of the certain location to obtain image data), (0013: captured face image),extract facial feature information from a face area of the captured images; perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database; (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.).
Saito does not teach identify a plurality of points visited by the user based on the face authentication.
However Hio teaches identifying a plurality of points visited by the user based on the face authentication; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying a plurality of points visited by the user based on the face authentication of Hio. Motivation to do so comes from the knowledge well known in the art that identifying a plurality of points visited by the user based on the face authentication would provide more accurate data of places visited which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach identifying, based on a payment history of the user, a total amount of payment at the plurality of points.
However Stern teaches identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and (0072: the merchant data associated with the plurality of merchants may include data associated with a total transaction amount of a plurality of payment transactions conducted over a time interval).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying, based on a payment history of the user, a total amount of payment at the plurality of points of Stern. Motivation to do so comes from the knowledge well known in the art that identifying, based on a payment history of the user, a total amount of payment at the plurality of points would provide more accurate data of payment history of the user which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
However Walker teaches output a notification indicating a benefit is available (outputting, at the point of sale terminal, an offer) to the user when the total amount of payment is greater than or equal (an amount that is… greater than the purchase total) to a prescribed amount (purchase total); (claim 11: determining a purchase total for a first transaction being conducted at a point of sale terminal, the transaction including a plurality of products; determining a benefit, in which the benefit comprises a guarantee that an amount that is greater than the purchase total will be charged for the plurality of products during a second transaction; outputting, at the point of sale terminal, an offer to sell the benefit for a price, wherein the price is different than the purchase total; and charging the price to a customer participating in the first transaction if the customer accepts the offer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount of Walker. Motivation to do so comes from the knowledge well known in the art that output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount would provide an incentive that the user would use as a discount to the item hes purchase and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 12, Saito, Hio, Stern, and Walker teach the visit promotion apparatus according to Claim 11.
Saito further teaches wherein the at least one processor is further configured to execute the instructions to: generate a composite image including the captured images at the respective points of the user who has succeeded in the face authentication, when a prescribed image generation condition based on the face authentication at a plurality of points is satisfied; and (0016: generates a composite face image an example of the third face image) that a composite image of a registered face image (an example of the second face image) that is a face image stored in the first biological information management unit 106 to be described later and the inhibiting factor detected by the image condition detector 102. The image compositor 103 outputs the generated composite face image to the feature extractor 104. In the present embodiment, when the image condition detector 102 detects an inhibiting factor, the image compositor 103 generates a composite face image that combines only the detected inhibiting factor with the registered face image.), (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.),transmit the generated composite image as the benefit to a prescribed display terminal; (0009: The display displays a search result of the predetermined person obtained by the search unit.).
As to Claim 13, Saito teaches a visit promotion method comprising the steps performed by a computer , the visit promotion method comprising: (claim 6: storage for storing images)acquiring captured images in which a user is photographed; (0012: captures an image of the certain location to obtain image data), (0013: captured face image), extracting a face area or facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database; (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.).
Saito does not teach identify a plurality of points visited by the user based on the face authentication.
However Hio teaches identifying a plurality of points visited by the user based on the face authentication; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying a plurality of points visited by the user based on the face authentication of Hio. Motivation to do so comes from the knowledge well known in the art that identifying a plurality of points visited by the user based on the face authentication would provide more accurate data of places visited which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach identifying, based on a payment history of the user, a total amount of payment at the plurality of points.
However Stern teaches identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and (0072: the merchant data associated with the plurality of merchants may include data associated with a total transaction amount of a plurality of payment transactions conducted over a time interval).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying, based on a payment history of the user, a total amount of payment at the plurality of points of Stern. Motivation to do so comes from the knowledge well known in the art that identifying, based on a payment history of the user, a total amount of payment at the plurality of points would provide more accurate data of payment history of the user which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
However Walker teaches output a notification indicating a benefit is available (outputting, at the point of sale terminal, an offer) to the user when the total amount of payment is greater than or equal (an amount that is… greater than the purchase total) to a prescribed amount (purchase total); (claim 11: determining a purchase total for a first transaction being conducted at a point of sale terminal, the transaction including a plurality of products; determining a benefit, in which the benefit comprises a guarantee that an amount that is greater than the purchase total will be charged for the plurality of products during a second transaction; outputting, at the point of sale terminal, an offer to sell the benefit for a price, wherein the price is different than the purchase total; and charging the price to a customer participating in the first transaction if the customer accepts the offer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount of Walker. Motivation to do so comes from the knowledge well known in the art that output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount would provide an incentive that the user would use as a discount to the item hes purchase and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 14, Saito teaches a non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: (claim 6: storage for storing images),acquiring captured images in which a user is photographed; (0012: captures an image of the certain location to obtain image data), (0013: captured face image),extracting facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database; (0014: determines whether the captured face image includes a smile or closed eyes by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image including a smile or closed eyes. The image condition detector 102 determines whether the captured face image includes mustache or beard based on luminance values of a lower part of the captured face image. The image condition detector 102 determines whether the captured face image is a face image concealed by bangs by performing a regression analysis that analyzes the relation between the captured face image and a pre-registered face image concealed by bangs.).
Saito does not teach identify a plurality of points visited by the user based on the face authentication.
However Hio teaches identifying a plurality of points visited by the user based on the face authentication; (0079: As shown in FIG. 5, by the display devices 11 installed in the shops and stations at the respective locations of "Shinagawa", "Komae", "Machida", "Hachioji", "Fussa", "Hibarigaoka", and "Ueno", for example, authentication of the participants visiting the respective locations is performed, and, when the authentication is successful, visit points are provided to the participants. The participants visit all of the locations and visit points are provided from the display devices 11 installed at the respective locations, and thereby, the point rally is completed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying a plurality of points visited by the user based on the face authentication of Hio. Motivation to do so comes from the knowledge well known in the art that identifying a plurality of points visited by the user based on the face authentication would provide more accurate data of places visited which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach identifying, based on a payment history of the user, a total amount of payment at the plurality of points.
However Stern teaches identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and (0072: the merchant data associated with the plurality of merchants may include data associated with a total transaction amount of a plurality of payment transactions conducted over a time interval).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include identifying, based on a payment history of the user, a total amount of payment at the plurality of points of Stern. Motivation to do so comes from the knowledge well known in the art that identifying, based on a payment history of the user, a total amount of payment at the plurality of points would provide more accurate data of payment history of the user which would help in determining a content that is to be provided to the user and that would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
Saito does not teach outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
However Walker teaches output a notification indicating a benefit is available (outputting, at the point of sale terminal, an offer) to the user when the total amount of payment is greater than or equal (an amount that is… greater than the purchase total) to a prescribed amount (purchase total); (claim 11: determining a purchase total for a first transaction being conducted at a point of sale terminal, the transaction including a plurality of products; determining a benefit, in which the benefit comprises a guarantee that an amount that is greater than the purchase total will be charged for the plurality of products during a second transaction; outputting, at the point of sale terminal, an offer to sell the benefit for a price, wherein the price is different than the purchase total; and charging the price to a customer participating in the first transaction if the customer accepts the offer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saito to include output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount of Walker. Motivation to do so comes from the knowledge well known in the art that output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount would provide an incentive that the user would use as a discount to the item hes purchase and that would promote an increase in the sales and would therefore make the method/system more profitable.
NPL Reference
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Face Recognition Vendor Test Ongoing” describes “The primary use cases for scalar image quality assessments are: − Photo acceptance: Foremost, scalar image quality values can be used to make an acceptance or rejection decisions. If an image’s quality is too low, a system will reject the image and initiate collection of a new image. Such a process could be implemented in a camera, in a client computer, or on a remote server. Such a capability is most useful during initial enrollment, when a prior reference image of the subject is not available. It is also useful when forwarding the image to a remote recognition service would be time consuming or expensive. − Quality summarization: Scalar image quality values are useful as a management indicator. That is, in some enterprise where face images are being collected from many subjects, say by different staff, at different sites, under different conditions, the quality values can be used to summarize the effectiveness of the collection. This might be done using some statistic such as average quality, or proportion with low quality. Such summarization can be used to reveal site-specific problems, population effects, as a response variable in A-B tests, and to reveal trends, diurnal or seasonal variation. − Photo selection: Given K > 1 images of a person, select the best image. This operation is useful when a receiving system expects exactly one image, and the capture subsystem must determine which of the several collected images should be transmitted. This application of quality is useful when a capture process includes some variation e.g. due to unavoidable motion of the subject or camera. NOTE Ordinarily this function should not be used in place of recognition. A recognition application should generally enroll all K images of a person rather than select one. This recommendation is made because quality assessment infrastructure is an imperfect predictor of recognition outcome and it may arise that an enrolled image with lower quality might be successfully matched to a probe image due to certain characteristics of the image e.g. view angle or facial expression. That said, if some images may have been collected decades ago, then ageing may well reduce the utility of the image to a recognition against a recent image even if quality is excellent.”.
Pertinent Art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#20160379254 teaches similar invention which describes a method and a system for enabling real time location based personalized offer management to a customer. In one embodiment, the method identifies a plurality of customers likely visiting the store, and determines a plurality of relevant personalized bars that can be provided to the identified customers. The method further receives real time information about the presence of customers within the store and provides the in-store customers with one or more real time recommendations of offers on products based on the usage of the relevant personalized offers. Thus, the method and system provides personalized promotional offer based on convenience of individual customers, customers interest on different products on real-time within the establishment. Further, the method and system also provides alternate offers to customers present within store and assess the promotional effectiveness of the campaign on a real-time basis.
Response to Arguments
7. Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive.
A. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong One. Examiner respectfully disagrees. As for Step 2A Prong One, of the Abstract idea is directed towards the abstract idea of acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)), (MPEP § 2106.04).
B. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong Two. Examiner respectfully disagrees. As for Step 2A Prong Two, the claim limitations do not include additional elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, and the claim is not more than a drafting effort designed to monopolize the judicial exception and the claim limitation simply describe the abstract idea. The limitation directed to acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history does not add technical improvement to the abstract idea. The recitations to “database, apparatus, system, processor, memory, computer, non-transitory computer-readable medium” perform(s) the steps or functions of acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images and cause an authentication to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored; identify a plurality of points visited by the user based on the face authentication; identify, based on a payment history of the user, a total amount of payment at the plurality of points; and output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
C. Applicant argues that the claims are not directed to a judicial exception under Step 2B.
Examiner respectfully disagrees. As for Step 2B, The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the limitation directed to acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history does not add significantly more to the abstract idea. Furthermore, using well-known computer functions to execute an abstract idea does not constitute significantly more. The recitations to “database, apparatus, system, processor, memory, computer, non-transitory computer-readable medium” are generically recited computer structure. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of acquire captured images and extract users facial features and output benefit based on face authentication and total amount of payment in the payment history. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
D. 112 rejection has been withdrawn based on the amendments submitted on 12/17/2025.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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, Waseem Ashraf can be reached on (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B