Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. This office action has been issued in response to amendment filed on 03/17/2026. Claims 1, 3-4, 8, 18 and 20 have been amended. Claims 2 and 19 have been canceled. Claims 21 and 22 have been added. Claims 1, 3-18 and 20-22 are pending, of which claims, of which claim 1, 18 and 20 are in independent form. Accordingly, this action has been made FINAL.
Response to Argument
3. Claim 20 has been amended to overcome the claim objection, therefore the claim objection for claim 20 has been withdrawn.
Applicant's arguments with respect to claims 1, 3-18 and 20-22 have been considered but are moot in view of the new ground(s) of rejection.
Status of Claims
4. Claims 1, 3-18 and 20-22 are pending, of which claims, of which claim 1, claim 18 and claim 20 are in independent form.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
5. Claims 1, 3-9, 13-15, 18 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Vanska (US 20050222918 – hereinafter Vanska), in view of Fowler (US 20210287202 – hereinafter Fowler) and further in view of Boettcher (US 20200336910– hereinafter Boettcher).
Claim 1 is rejected, Vanska teaches a non-transitory, computer-readable storage medium including instructions that, when executed by a wrist-wearable device worn by a user, cause the wrist-wearable device to (Vanska, abstract and summary):
install data to enable use of an operation on the wrist-wearable device only while an operation-use precondition is present, the operation-use precondition (i) being specifically associated with the operation (Vanska, US 20050222918, fig. 4, component 404 – Preconditions For Activation Met? and component 408 – Activate Miniapplication and para [0044], In step 404, if the housekeeping means 206 determines that the trigger conditions for activation have not yet been satisfied then, in step 406, a wait state is entered until the trigger conditions are satisfied. Housekeeping means 206 also may advise the user of the data needed for the activation trigger conditions to be satisfied. Thereafter, in the event that the necessary data is not received within a predetermined period of time, housekeeping mean 206 may delete the disposable mini-application 106a from terminal 100. However, once the conditions for activation have been satisfied then, in step 408, the mini-application housekeeping means 206 activates the disposable mini-application 106a and, in step 410, the disposable mini-application begins executing.);
while the operation-use precondition is present, enable use of the operation on the wrist-wearable device (Vanska, fig. 4 and component 410 – Execute Miniapplication and component 412 Deactive Miniapplication?, and para [0045-0046], Depending on the disposable mini-application, execution may comprise processing data, transferring data to and from the mobile terminal via wireless connections (120, 130), displaying data to the user, prompting the user to input or provide access to user data, displaying choices to be made by the user, executing other applications, etc. During execution of disposable mini-application 106, housekeeping means 206 will continue to monitor for user input as well as for data in storage devices 210a-217a (e.g., location data, etc.), date/time data 218 and user data in storage 108a for data that may be needed for the execution of the disposable mini-application as well as for data that will satisfy the trigger parameters and rules for de-activating and deleting disposable mini-application 106. It will be appreciated that once activated, in an alternate embodiment, disposable mini-application 106a itself, rather than housekeeping means 206, may monitor for deactivation or deletion trigger data that satisfies associated trigger parameters and rules.); and
in accordance with determining that the operation-use precondition is no longer present (Vanska, para [0046-0047], additional trigger conditions for deactivation and/or deletion also may include: the expiration of a timer value associated with the disposable mini-application; a use counter reaching a maximum number of uses permitted by the disposable mini-application; or, as mentioned above, the passage of a predetermined period of time without the receipt of any data relating to activation or execution of the disposable mini-application. The use counter may be in one embodiment of the present invention a down counter, whereby the counter counts down from a maximum number of uses and the trigger condition is that the counter value reaches zero. Deletion of a disposable mini-application also may occur in response to housekeeping means 206 determining that the mini-application is obsolete, as may be determined upon downloading a more recent version of the application than that currently stored in mobile terminal 100.) :
automatically, without instructions from the user of the wrist-wearable device, remove at least some of the data from the wrist-wearable device to make the operation unavailable on the wrist-wearable device(Vanska, para [0046-0047], If the trigger parameters and rules for deactivation and deletion are satisfied then, in steps 414 and 420, disposable mini-application 106a is deactivated and deleted, respectively. Even upon deactivation or deletion of the disposable mini-application, user data generated during execution, such as: data for configuring the disposable mini-application to the user or the mobile terminal 100; the results of the executed disposable mini-application; or data indicative of the user's selections during execution (e.g., her purchasing history), may be retained for future use.).
The Office would like prior art Fowler to back up Vanska to further teach limitation
a wrist-wearable device worn by a user (Fowler, US 20210287202, figs 1-2 and para [0079], a user device (12) (e.g., mobile electronic device, such as a smart phone, tablet, smart watch, smart glasses, wearable device, or implantable device) may be used to scan or otherwise detect one of the MRCs (18) to enable a system (one embodiment of which is shown in FIG. 2) to provide interactive content to the user device (12). This may be performed by placing the user device (12) adjacent an NFC chip contained within the tag (16), or by using a camera (14) of the user device (12) to capture an image of the MRC (18), so that the QR code (or other form of code) is captured. The user device (12) is then directed to content, as discussed in greater detail below.)
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Fowler into Vanska's invention to detect a machine-readable code with a user device. An identification of a user and the user device is determined. A determination is made whether the identification contains a unique mobile wallet certificate by querying a content management server. The information about the user is determined based upon the information connected to the wallet certificate. The unique content is customized to be delivered to the user based on the identification of the user and user device. The unique content includes unique mobile content offer. The content is modified based on an occurrence of an event, such as charitable game.as suggested by Fowler (See abstract and summary).
Vanska and Fowler do not explicitly teach
based on detection, via one or more sensors of the wrist-wearable device, of an in-air gesture performed by the user,
and ii) including a biometric-authentication precondition requiring that the user is wearing the wrist-wearable device for the operation to remain enabled such that if the user is determined, based on operation-use condition data at the wrist-wearable device, to no longer be wearing the wrist-wearable device, then the operation-use precondition is no longer present;
However, Boettcher teaches
based on detection, via one or more sensors of the wrist-wearable device, of an in-air gesture performed by the user (Boettcher, US 20200336910, para [0099], At block 902, a user can select an option to place a call using the user interface of wearable device 100. For example, referring to FIG. 10, a user interface of wearable device 100 can include a function selection screen 1000. Function selection screen 1000 can be a default screen that appears when the display of wearable device 100 is activated or it can be a different screen that the user can access through a touch gesture or sequence of gestures (e.g., to navigate through menus) on a touchscreen display, a hand or arm gesture detected by motion sensors built into wearable device 100, or other operations. Para [0125], In addition or instead, control can be provided based on movement of wearable device 100 itself. For example, accelerometers, gyroscopes, or the like can be used to detect motion of wearable device 100, and certain motions can be defined as spatial gestures, which in turn can be interpreted as controls. Thus, in some embodiments, a user can control the volume, e.g., by circling her wrist or arm clockwise to increase and counterclockwise to lower. Other gestures can be associated with other actions, e.g., a quick up-and-down to play, a quick down-and-up to pause, quick right-then-left to skip ahead, quick left-then-right to skip back, etc. Different gestures can be associated with different control operations as desired. Para [0205], Touch gestures and spatial gestures can be used in various combinations as desired.) ,
an ii) including a biometric-authentication precondition requiring that the user is wearing the wrist-wearable device for the operation to remain enabled such that if the user is determined, based on operation-use condition data at the wrist-wearable device, to no longer be wearing the wrist-wearable device, then the operation-use precondition is no longer present(Boettcher, para [0009], Various criteria can be used. For example, the criteria can be based on estimated distance between the wearable device and the host device (which can be determined, e.g., based on strength of a signal received from the host device) and/or whether the wearable device is currently being worn (which can be determined, e.g., based on data from biometric and/or other status sensors of the wearable device). Fig. 18 and para [0142], As another example, in some embodiments, a verified session can be ended if wearable device 100 ceases to be worn by the user (also referred to as being “taken off”). Accordingly, if host device 102 remains in communication at block 1804, then at block 1808 wearable device 100 can determine if the user has taken off wearable device 100. For example, strap sensors 216 of FIG. 2 or other biometric sensors of wearable device 100 can be configured to generate an interrupt or other notification to processing subsystem 202 in the event that a change occurs indicating that the user has removed wearable device 100. Examples can include clasp sensors 250 detecting that clasp members 108a, 108b have become disengaged; contact sensor 252 detecting a loss of pressure or galvanic skin response; or pulse sensors, skin temperature sensors, and/or other biometric sensors detecting cessation of biometric activity. Any combination of sensor signals can be used to detect wearable device 100 being taken off. If wearable device 100 is taken off, the verified session can end at block 1806. Fig. 22, para [0177], From unworn/unconnected state 2202, wearable device 100 can transition to either worn/unconnected state 2204 or unworn/connected state 2206. Transition to worn/unconnected state 2204 can occur if wearable device 100 detects that the user has put it on (event 2208), and transition to unworn/connected state 2206 can occur if wearable device 100 establishes communication (e.g., initial pairing or re-establishing a previous pairing) with a host device, e.g., host device 102 (event 2210). These transitions can reversible. As shown, a take-off event 2212 (which can include, e.g., sensor signals indicating the user has removed wearable device 100) can return wearable device 100 from worn/unconnected state 2204 to unworn/unconnected state 2202, and host-disconnect event 2214 (which can include, e.g., host device 102 moving out of range) can return wearable device 100 from unworn/connected state 2206 to unworn/unconnected state 2202);
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Boettcher into Vanska and Fowler's invention to establish a verified session through a wireless connection with a host device by a wearable device. A determination is made to check whether the verified session with the host device is in progress by the wearable device. A request is received to operate one function of multiple functions of the host device by the wearable device. A first function of the host device is controlled that is in a first set comprising multiple functions of the host device. A second function of the host device is controlled that is in a second set comprising less than multiple functions of the host device in accordance with a determination that the verified session with the host device is not in progress.as suggested by Boettcher (See abstract and summary).
Claim 3 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein: the operation-use precondition further includes one or more of: a duration precondition defining a predetermined period after the installing during which the operation is made available to the user; a physical-activity-based precondition that is present while the user is performing a physical activity, the physical activity being specifically associated with the operation; and a location-based precondition that is present while the user is determined to be within a physical area associated with use of the operation (Vanska, para [0042-0043], The trigger conditions for activation may comprise one or more trigger parameters and one or more rules. For example, if the disposable mini-application is intended for use in a certain location, then the current location of the user may be trigger data that satisfies the location trigger parameter. If the rule for activation of the disposable mini-application depends upon not only location data but also user input such as pressing a key on keypad 104 or issuing a voice command to accept the mini-application in response to a prompt from housekeeping means 206 to do so, then the specified user input would be another trigger parameter for which the disposable mini-application housekeeping means 206 would monitor.).
Claim 4 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein: the installing is performed further in response to detecting, via the one or more sensors that are electronically coupled with the wrist-wearable device, the in-air gesture performed by the user within a threshold distance of a physical beacon (Vanska, para [0032], Mobile terminal 100 also includes a house-keeping means 206, which, in one embodiment, monitors for trigger data that satisfies trigger parameters and rules associated with the disposable mini-applications (106a, 106b). Mobile terminal 100 includes a variety of sources of trigger data collected from the user's environment for use in determining whether trigger parameters and rules have been satisfied. In addition to the sources discussed above in connection with FIG. 1 (e.g., RF-ID tag 110 and RF-ID tag reader 112 for collecting location information), mobile terminal 100 may include sensors (216, 217), such as a GPS receiver, a bar code reader, a camera, an environmental sensor (e.g., a thermometer) or the like, and a date/time means 218. Trigger data received from these sources may be stored temporarily in storage devices 210a-217a pending analysis by housekeeping means 206 vis--vis trigger parameters and rules. In addition to monitoring for such trigger data, housekeeping means 206 also may comprise a user interface to assist the user in downloading, activating, deactivating and deleting disposable mini-applications 106. Boettcher, para [0099 and 0125]. Para [0205], Touch gestures and spatial gestures can be used in various combinations as desired.).
Claim 5 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein the installing is performed based on one or both of (i) obtaining data from a QR code and (ii) obtaining data from a near-field communication (NFC) signal (Vanska, para [0026], In an alternate embodiment, service provider 150 may have RF-ID tag readers 158, rather than RF-ID tags 159, installed throughout its premises for use in detecting an RF-ID tag 110 of mobile terminal 100. Service provider 150 associates each tag reader 158 with a location in the premises. Thus, in one embodiment, service provider 150 may use a signal generated by an RF-ID tag 110 that has been detected by an RF-ID tag reader 158 located at the entrance of its premises to detect the user's entry so that a disposable mini-application may be downloaded to terminal 100 via a bi-directional network, such as short range wireless network 120. ).
Claim 6 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein the instructions, when executed by the wrist-wearable device, further cause the wrist-wearable device to:
in conjunction with enabling use of the operation on the wrist-wearable device and in accordance with a determination that the operation requires image data, activate a camera that is in communication with the wrist-wearable device (Fowler, para [0005] and [0079], using a camera (14) of the user device (12) to capture an image of the MRC (18), so that the QR code (or other form of code) is captured.); and
while the operation-use precondition is present, and the camera is activated: based on detecting, using image data from the camera, an identifier corresponding to a physical item, cause display of data related to the physical item(Fowler, para [0008], Rodgers, U.S. Pat. No. 9,117,231, teaches an order taking system for ordering menu items for delivery to a station at a premise, such as a table at a restaurant. The system uses a downloaded application, which is used to scan a QR code or NFC code on a table. The location is identified using the restaurant and table identifier(s) extracted from the QR code. This location is used to identify the correct restaurant menu from the central platform database. The order may be placed, payment made, and delivery is made to the location corresponding to the QR code. Meter, US 2016-0189287 A1 teaches a similar food ordering system.).
Claim 7 is rejected for the reasons set forth hereinabove for claim 6, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 6, wherein the instructions, when executed by the wrist-wearable device, further cause the wrist-wearable device to: while the data about the physical item is caused to be displayed: in accordance with determining that the user has provided a gesture-based indication or a location-based indication requesting to add the physical item to an item listing, add the physical item to the item listing (Fowler, para [0061], The system could provide multiple options ranging from ordering food, purchasing merchandise to be delivered to a seat location, viewing replay footage, to placing wagers inside of the stadium. The system would provide the ability to offer all MRCs on the system the same interactive content options, or to offer different content to users based on predetermined data sets or based on variables and data within the system. Para [0062], the MRC is unique and thus can have a known physical location if the MRC is on a stationary or static device. Where the MRC is affixed to a surface, such as a sicker, or secured into a surface, or engraved or otherwise physically imprinted on a surface, or embedded into a surface, the physical location can be defined when said item is stationary. Nonlimiting examples of fixed locations include: a fixed seat in a stadium, a bathroom, a particular restaurant, a wall, a post, etc. A mobile MRC may be located within a movable device, for example a vehicle, a bike, a boat, train, airplane, etc. An MRC on such movable devices will need to capture the GPS from the user device at the moment of capture to identify a location. A movable MRC can be accessed serveral times in a series of minutes and generated a different GPS location each time a user device scans the MRC (or queries a server) and allows the system to identify the movement of the user device.).
Claim 8 is rejected for the reasons set forth hereinabove for claim 7, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 7, wherein the instructions, when executed by the wrist-wearable device, further cause the wrist-wearable device to:
in accordance with determining that the operation-use precondition is no longer present: notify the user that the operation is no longer available on the wrist-wearable device because the operation-use precondition is no longer present (Vanska, para [0056], A trigger parameter for de-activation or deletion of the disposable shopping mall mini-application may be a list of RF-ID identification numbers of data transfer nodes 314a-c, which are situated near mall exits 312a-c. An exemplary rule for deactivation and/or deletion may be the receipt of one of the RF-ID numbers for nodes 314a-c indicating that the user has, or is about to, leave the mall either alone or in combination with other trigger data such as user input confirming de-activation and/or deletion. Para [0062].); and
notify the user to retain physical possession of each physical item on the item listing (Vanska, para [0060], The inquiry is formulated by selecting data from user data storage 108a for inclusion in the inquiry so that the user receives only information likely to be of interest to her. This user data may include a user ID 612, a shoe size 614, a price limit 616, a brand name (not shown) or the like.).
Claim 9 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein:
the installing is performed in accordance with a determination that a component of the wrist-wearable device has been approved for access to a limited-access event (Vanska, para [0004-0005], downloading an executable software item together with trigger conditions for activation and deletion of the executable software item over a wireless connection, wherein the executable software item enables access to at least one service at a specified location); and
the data to enable use of the operation is associated with gaining access to the limited-access event by causing the wrist-wearable device to present an access information item to obtain access to the limited-access event (Vanska, para [0004-0005], downloading an executable software item together with trigger conditions for activation and deletion of the executable software item over a wireless connection, wherein the executable software item enables access to at least one service at a specified location. Vanska, para [0007], accessing user data comprising indications of goods and/or services of interest to the user; comparing goods and/or services offered by the shopping service location with the user data to determine whether there is a match; if there is a match, activating the executable software item; and executing the executable software item, wherein execution of the executable software item comprises: generating a query for transmission to the shopping service location, the query including the user data; and transmitting the query to the shopping service location via a short range wireless connection. In this embodiment, a shopping service location may be a service desk, a shop or the like in a shopping center/mall or any smaller location therein including an aisle, shelf, counter, stand, etc. where goods and/or services are made available for consumption, as will be discussed in detail hereinafter. In one embodiment of the present invention, the data or the individual data items mentioned above that are stored in the mobile terminal, such as user data and the data relating to trigger parameters and trigger conditions downloaded to the mobile terminal or stored therein, may be expressed using markup language expressions or compressed markup language expressions of an XML-based markup language.).
Claim 13 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein the instructions, when executed by the wrist-wearable device, further cause the wrist-wearable device to:
after installing the data to enable use of the operation, displaying, at the display of the wrist-wearable device, a visually-perceptible element of an application corresponding to the operation, wherein the application is not otherwise available at the wrist-wearable device(Vanska, para [0045], Depending on the disposable mini-application, execution may comprise processing data, transferring data to and from the mobile terminal via wireless connections (120, 130), displaying data to the user, prompting the user to input or provide access to user data, displaying choices to be made by the user, executing other applications, etc.); and
the application corresponding to the operation is not downloaded at the wrist-wearable device (Vanska, para [0048], Returning to FIG. 4, if, however, it is determined in step 416 that the disposable mini-application should not be deleted, then in step 418 the disposable mini-application is maintained in storage and a wait state is entered in step 406 until, in step 404, the stored trigger conditions for activation are once again satisfied.).
Claim 14 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein: the operation corresponds to a third-party application (Vanska, para [0035], FIG. 3 is a simplified layout of an area 300 such as a shopping mall, department store or a shop illustrating the location of nodes for data transfer between one or more service providers and mobile terminals in accordance with one embodiment of the present invention. The shopping mall, department store or shop comprises a plurality of different service points or shopping service locations (302a-e, 306), such as shops in a mall, departments in a department store or service desks in a shop. It is to be understood, however, that the present invention is applicable to other service consumption situations that are a form of shopping such as dining in a restaurant, staying in a hotel, watching a movie or play at a theatre, attending a sporting event, listening to a concert, etc. Common to all these situations is that the user of mobile terminal 100 is at a physical location to which a disposable mini-application may relate. As further shown in FIG. 3, area 300 also has one or more entrances/exits 312a-c, some of which may be used only for entering or exiting area 300 or all of which may be used for both entering and exiting area 300.); and
the user is able to cause the operation to be performed without having an account associated with the third-party application (Vanska, para [0035], FIG. 3 is a simplified layout of an area 300 such as a shopping mall, department store or a shop illustrating the location of nodes for data transfer between one or more service providers and mobile terminals in accordance with one embodiment of the present invention. The shopping mall, department store or shop comprises a plurality of different service points or shopping service locations (302a-e, 306), such as shops in a mall, departments in a department store or service desks in a shop. It is to be understood, however, that the present invention is applicable to other service consumption situations that are a form of shopping such as dining in a restaurant, staying in a hotel, watching a movie or play at a theatre, attending a sporting event, listening to a concert, etc. Common to all these situations is that the user of mobile terminal 100 is at a physical location to which a disposable mini-application may relate. As further shown in FIG. 3, area 300 also has one or more entrances/exits 312a-c, some of which may be used only for entering or exiting area 300 or all of which may be used for both entering and exiting area 300.).
Claim 15 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler and Boettcher teach the non-transitory, computer-readable storage medium of claim 1, wherein the removing at least some of the data from the wrist-wearable device to make the operation unavailable on the wrist-wearable device comprises removing all of the data from the wrist-wearable device(Vanska, para [0046-0047], If the trigger parameters and rules for deactivation and deletion are satisfied then, in steps 414 and 420, disposable mini-application 106a is deactivated and deleted, respectively. Even upon deactivation or deletion of the disposable mini-application, user data generated during execution, such as: data for configuring the disposable mini-application to the user or the mobile terminal 100; the results of the executed disposable mini-application; or data indicative of the user's selections during execution (e.g., her purchasing history), may be retained for future use.).
As per claim 18, this is the method claim to medium claim 1. Therefore, it is rejected for the same reasons as above.
As per claim 20, this is the device claim to medium claim 1. Therefore, it is rejected for the same reasons as above.
As per claim 21, this is the method claim to medium claim 3. Therefore, it is rejected for the same reasons as above.
As per claim 22, this is the device claim to medium claim 3. Therefore, it is rejected for the same reasons as above.
6. Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Vanska (US 20050222918 – hereinafter Vanska), in view of Fowler (US 20210287202 – hereinafter Fowler), in view of Boettcher (US 20200336910– hereinafter Boettcher) and further in view of Musk (US 20210374885 – hereinafter Musk).
With respect to claim 10 Vanska, Fowler and Boettcher do not explicitly teach all limitations of claim 9.
However, Musk teaches
Claim 10 is rejected for the reasons set forth hereinabove for claim 9, Vanska, Fowler, Boettcher and Musk teach the non-transitory, computer-readable storage medium of claim 9, wherein: the access information item to obtain access to the limited-access event indicates one of a plurality of access levels associated with the component of the wrist-wearable device(Musk, US 20210374885, para [0005], the customer may register with the application and provide credentials that may allow for age verification of the user and automatic electronic payment once the order has been placed or once the order has been confirmed to have been delivered to the customer. Once placed, the order may be provided to restaurant staff for processing, production, and delivery. Para [0048], FIG. 3. In some cases, the available menu items may be provided based on one or more parameters associated with a user that is accessing the menu (e.g., as determined based on user credentials provided to access the menu on the user device). For example, menu items may be displayed based on an age of the user, user allergen information, user preferences (e.g., vegetarian or vegan preferences), or any combinations thereof.).
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Musk into Vanska, Fowler and Boettcher 's invention to enable reducing wait times to enhance customer experience and allow a restaurant to turn tables more quickly, thus increasing profitability. The method allows a customer to provide a tip and close out a tab without having to wait for a check, provide payment to a server, and wait for the server to process the payment, so that substantial wait times can be reduced, thus enhancing food and beverage efficiency and enhancing customer experience as suggested by Musk (See abstract and summary).
Claim 11 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler, Boettcher and Musk teach the non-transitory, computer-readable storage medium of claim 1, wherein:
the operation corresponds to a waitlist for performing an activity at a physical area (Musk, para [0022], if no tables are immediately available for the customer, the customer may be added to a waiting list for a table. Claim 8, the application server is further configured to receive a request from the user to be added to a wait list for a table and provide the request to the order management system; and the order management system is further configured to place the user into a queue for an available table, provide an estimated wait time to the application server, and provide a notification to the application server when a table is available for the user); and
without providing a phone number directly to an organizer of the activity, receive a message, via the data to enable use of the operation, wherein the message is associated with a time for gaining access to the activity off of the waitlist(Musk, para [0022], an estimated time that a table will be available for the customer. Para [0052], the method may include pushing the time estimate to the user device. Claim 8, the application server is further configured to receive a request from the user to be added to a wait list for a table and provide the request to the order management system; and the order management system is further configured to place the user into a queue for an available table, provide an estimated wait time to the application server, and provide a notification to the application server when a table is available for the user).
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Musk into Vanska, Fowler and Boettcher 's invention to enable reducing wait times to enhance customer experience and allow a restaurant to turn tables more quickly, thus increasing profitability. The method allows a customer to provide a tip and close out a tab without having to wait for a check, provide payment to a server, and wait for the server to process the payment, so that substantial wait times can be reduced, thus enhancing food and beverage efficiency and enhancing customer experience as suggested by Musk (See abstract and summary).
Claim 12 is rejected for the reasons set forth hereinabove for claim 11, Vanska, Fowler, Boettcher and Musk teach the non-transitory, computer-readable storage medium of claim 11, wherein the instructions, when executed by the wrist-wearable device, further cause the wrist-wearable device to: in conjunction with enabling use of the operation on the wrist-wearable device and in accordance with a determination that the operation requires scheduling data for the user, permit access to data associated with a calendar application, wherein a time period for gaining access to the activity corresponding to the waitlist is determined based in part on the scheduling data for the user (Musk, para [0022], if no tables are immediately available for the customer, the customer may be added to a waiting list for a table. Claim 8, the application server is further configured to receive a request from the user to be added to a wait list for a table and provide the request to the order management system; and the order management system is further configured to place the user into a queue for an available table, provide an estimated wait time to the application server, and provide a notification to the application server when a table is available for the user. Para [0005 and 0048].).
7. Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Vanska (US 20050222918 – hereinafter Vanska), in view of Fowler (US 20210287202 – hereinafter Fowler), in view of Boettcher (US 20200336910– hereinafter Boettcher) and further in view of Jooste (US 20160034696 – hereinafter Jooste).
With respect to claim 16, Vanska, Fowler, and Boettcher do not explicitly teach all limitations of claim 16.
However, Jooste teaches
Claim 16 is rejected for the reasons set forth hereinabove for claim 1, Vanska, Fowler, Boettcher and Jooste teach the non-transitory, computer-readable storage medium of claim 1, wherein the data to enable use of the operation on the wrist-wearable device only while the operation-use precondition has an associated file size of less than one hundred megabytes (Jooste, US 20160034696, para [0136-0137], Maximum aggregation data buffer size 1252 can specify a maximum amount of storage allocated on the wearable device is allocated for aggregated data. In the example shown in FIG. 12, maximum aggregation data buffer size 1252 is set to “1 MB” to indicate that one megabyte of storage of the wearable device is allocated to store aggregated data. Other sizes for aggregated data buffers are possible as well.) .
It would have obvious to one having ordinary skill in the art before the effecting filing date of the claimed invention to combine the teachings of cited references. Thus, one of ordinary skill in the art before the effecting filing date of the claimed invention would have been motivated to incorporate Musk into Vanska, Fowler and Boettcher 's invention to involve receiving a request for a portion of stored data at a wearable computing device. A designated role associated with the request for the portion of the stored data is determined. Rules regarding access to the portion of the stored data are determined based on the designated role using the wearable computing device. A response to the request for the portion of the stored data is determined by determining whether the request is validated by applying the rules to the request, and providing the requested portion of the stored data using the wearable computing device as suggested by Jooste (See abstract and summary).
Claim 17 is rejected for the reasons set forth hereinabove for claim 16, Vanska, Fowler, Boettcher and Jooste teach the non-transitory, computer-readable storage medium of claim 16, wherein the associated file size is less than fifty megabytes (Jooste, US 20160034696, para [0136-0137], Maximum aggregation data buffer size 1252 can specify a maximum amount of storage allocated on the wearable device is allocated for aggregated data. In the example shown in FIG. 12, maximum aggregation data buffer size 1252 is set to “1 MB” to indicate that one megabyte of storage of the wearable device is allocated to store aggregated data. Other sizes for aggregated data buffers are possible as well.).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY KHUONG THANH NGUYEN whose telephone number is (571)270-7139. The examiner can normally be reached Monday - Friday 0800-1630.
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/DUY KHUONG T NGUYEN/ Primary Examiner, Art Unit 2199
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