DETAILED ACTION
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 .
Status of Claims
This is in reply to communication filed on 08/07/2024.
Claims 1-8 are currently pending and have been examined.
Information Disclosure Statement (IDS)
The information disclosure statement filed on 08/07/2024 comply with the provisions 37 CFR 1.97, 1.98, and MPEP 609 and is considered by the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1:
Claims 1-3 recite a system, which is directed to a machine.
Claim 4 a recite system, which is directed to a machine.
Claims 5-6 recite a system, which is directed to a machine.
Claims 7-8 recite a method, which is directed to a process.
Therefore, each claim falls within one of the four statutory categories.
Step 2A, Prong 1 (Is a judicial exception recited?):
Claims 1, 4, 5 and 7 recite commercial/legal interactions of issuing a receipt (a writing acknowledging the receiving of goods or money) and managing personal behavior/relationships around printing/issuing a receipt. In addition, the claims recited concepts of receiving data, analyzing the data and display the results (i.e., printing/issuing receipts).
Offending clauses include:
Claim 5: “the receipt printer is capable of communicating with the information processing device and a first terminal device,”
“the information processing device is capable of communicating with the receipt printer, a second terminal device, and a third terminal device,”
Claim 7: “the receipt printer is capable of communicating with the information processing device and a first terminal device, the information processing device is capable of communicating with the receipt printer, a second terminal device, and a third terminal device,
No mathematical formulas are expressly recited; the exceptions arise from organizing human activity and mental-process style data handling/presentation.
Step 2A, Prong 2 (Is the exception integrated into a practical application?):
This judicial exception is not integrated into a practical application because the claims satisfy the following criteria, which indicate that the claims do not integrate the abstract idea into practical application:
The claimed additional limitations are:
Claim 1: a receipt printer including a fourth controller; an information processing device including a fifth controller; a first terminal device including a first controller; a second terminal device including a second controller; and a third terminal device including a third controller,
Claim 4: a receipt printer including a fourth controller; an information processing device including a fifth controller; a first terminal device including a first controller; a second terminal device including a second controller; and a third terminal device including a third controller,
Claim 5: a receipt printer including a fourth controller; and an information processing device including a fifth controller, wherein the receipt printer is capable of communicating with the information processing device and a first terminal device, the information processing device is capable of communicating with the receipt printer, a second terminal device, and a third terminal device,
Claim 7: a receipt system including a receipt printer and an information processing device, wherein the receipt printer is capable of communicating with the information processing device and a first terminal device, the information processing device is capable of communicating with the receipt printer, a second terminal device, and a third terminal device,
The additional limitations are directed to using a generic computer to process information and perform the abstract idea. Therefore, the limitations merely amount to adding the words “apply it” (or an equivalent) to the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f).
Step 2B (Does the claim recite additional elements that amount to significantly more that the judicial exception?):
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As for Step 2B analysis, knowing the consideration is overlapping with Step 2A, Prong 2. The Step 2B considerations have already been substantially addressed under Step 2A Prong 2, see Step 2A Prong 2 analysis above. As discussed above, the additional imitations amount to adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f).
In addition, the dependent claims recite:
Step 2A, Prong 1 (Is a judicial exception recited?):
Dependent claims 2-3, 6 and 8 recitations further narrowing the abstract idea recited in the independent claims 1, 4, 5 and 7 and therefore directed towards the same abstract idea.
Step 2A, Prong 2 and Step 2B:
The dependent claims 2-3, 6 and 8 further narrow the abstract idea recited in the independent claims 1, 4, 5 and 7 and are therefore directed towards the same abstract idea.
The dependent claims recite the following additional limitations:
Claim 2: the receipt printer includes a printing unit, the second controller of the second terminal device, the information processing device, the fifth controller of the information processing device, the fourth controller of the receipt printer,
Claim 3: the first controller of the first terminal device, the receipt printer, the fourth controller of the receipt printer, the information processing device, the fifth controller of the information processing device,
Claim 6: the receipt printer includes a printing unit, the second terminal device, the fifth controller of the information processing device, the fourth controller of the receipt printer with the printing unit,
Claim 8: the second terminal device, the information processing device, the receipt printer,
However, the examiner finds each of these additional elements to be directed to merely “apply it” or applying a generic technology to perform the recited abstract idea of printing/issuing receipts, the recitation to the generic computer technology that is being used as a tool to execute the steps that define the abstract idea do not provide for integration at the 2nd prong and do not provide for significantly more at step 2B.
Therefore, the limitations on the invention of claims 1-8, when viewed individually and in ordered combination are directed to in-eligible subject matter.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8 are rejected under 35 U.S.C 103 as being unpatentable over Japanese publication no. JP2002342836A to NAKADA SHUNJI, hereinafter “NAKADA”) in view of Wataishi (US 20140253973 A1, hereinafter “Wataishi”).
Regarding claim 7 similarly 1, 4-5. NAKADA discloses a method of controlling a receipt system including a receipt printer and an information processing device, wherein
the receipt printer is capable of communicating with the information processing device and a first terminal device, the information processing device is capable of communicating with the receipt printer, a second terminal device, and a third terminal device, (NAKADA, Fig. 1, store computer 4 and server 7, [0036]; “a server computer (hereinafter referred to as a member server) 7 that is connected to the store computer 4 online via a dedicated line 6”, [0044]; “The member server 7 has … a receipt selection file F4 that stores data relating to selection of a receipt issuance format”, [0026]; “The receipt issuing terminal of the invention … is a receipt issuing terminal equipped with a printer capable of printing and issuing receipts”, [0028]; “The receipt issuing terminal … is a receipt issuing terminal which is equipped with a printer capable of printing and issuing receipts, and which is connected to the product sales data processing device”, [0078]; “a receipt issuing terminal and is connected to the member server 7 via the store computer 4 like the POS terminal 2”, see Fig. 1) and
the information processing device generates image data based on the received printing data and transmits the image data to the second terminal device and, (NAKADA, [0061]; “When the “receipt issue format No.” received from the member server 7 is “6”, the receipt information (receipt image, CSV format data, etc.) is transferred by e-mail to the personal computer etc. designated by the customer … receipt information (receipt image, CSV format data, etc.) is generated on the basis of accumulated point value information, transaction data, etc., and this receipt information is stored in the member master file F3 (email) receipt information (receipt image, CSV format data, etc.) is generated on the basis of accumulated point value information, transaction data, etc., and this receipt information is stored in the member master file F3 (email)”)
when receiving first selection information from the second terminal device, determines, based on the first selection information, that an electronic receipt was selected and (NAKADA, [0050]; “Next, the presented membership card C is read by the IC card reader/writer 12 to obtain a membership code (step S4), and the membership code is used as a key to inquire the point to the membership server 7 side via the store computer 4. And inquiries about the receipt issuance format (step S5) … [0052]; “the receipt selection file F4 is searched based on the inquired member code, and the data relating to the receipt issuing format selection (“receipt issuing format No.”) is read (step S23)”)
generates electronic receipt information and transmits the electronic receipt information when receiving an electronic receipt request (NAKADA, [0011-0012]; “a receipt issuing process for issuing a receipt or a process corresponding to the receipt issuing process is selectively executed according to the issue category for issuing a receipt desired by the member customer who owns the membership card … a receipt issuing process for issuing a receipt or a process corresponding to the receipt issuing process is selectively executed according to the issue category for issuing a receipt desired by the member customer who owns the membership card … the receipt issuing processes executed by the receipt issuing unit according to the receipt issuing category is printing by the printer”) from the third terminal device. (NAKADA, [0061]; “receipt image … transmitted from the store computer 4 to the electronic device (not shown) such as the personal computer of the member via the Internet in accordance with the address”)
NAKADA substantially discloses the claimed invention; however, NAKADA fails to explicitly disclose the “the receipt printer receives printing data from the first terminal device and transmits the printing data to the information processing device”. However, Wataishi teaches:
the receipt printer receives printing data from the first terminal device and transmits the printing data to the information processing device, (Wataishi, [0059]; “The print request receiving unit 13 receives a print request that specifies the print data to be printed from the client apparatus 20 … the print data transmitting unit 15 may transmit the print data using a standard communication protocol. For example, the communication protocol used by the print data transmitting unit 15 to transmit print data to the image forming apparatus 30 may be the same communication protocol as that used by a printer driver of a personal computer to transmit print data to an image forming apparatus 30 corresponding to the output destination in response to a print command input to the personal computer”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify NAKADA to include the receipt printer receives printing data from the first terminal device and transmits the printing data to the information processing device, as taught by Wataishi, where this would be performed in order to provide uniform operability across image forming apparatuses of different manufacturers and models. See Wataishi [0004].
Regarding claim 8 and similarly 6. The combination of NAKADA in view of Wataishi disclose the method of controlling the receipt system according to claim 7, wherein when receiving second selection information different from the first selection information from the second terminal device, the information processing device determines, based on the second selection information, that a paper receipt was selected and transmits a printing request to the receipt printer, and the receipt printer prints the printing data based on the received printing request. (NAKADA, [0031-0032]; “Therefore, a receipt issuing process for issuing a receipt or a process corresponding to the receipt issuing process is selectively executed according to the issue category for issuing a receipt desired by the member customer who owns the membership card … The program according to the invention of claim 12 is a program for controlling a computer provided in a product sales data processing device capable of printing transaction data generated based on a product sales registration process on a printing paper by a printer and issuing it as a receipt”)
Regarding claim 2. The combination of NAKADA in view of Wataishi disclose the settlement system according to claim 1, wherein the receipt printer includes a printing unit, the second controller of the second terminal device transmits second selection information to the information processing device when not the electronic receipt but a paper receipt was selected, the fifth controller of the information processing device determines, based on the received second selection information, that the paper receipt was selected and transmits a printing request to the receipt printer, and the fourth controller of the receipt printer prints the printing data with the printing unit based on the received printing request. (NAKADA, [0031-0032]; “Therefore, a receipt issuing process for issuing a receipt or a process corresponding to the receipt issuing process is selectively executed according to the issue category for issuing a receipt desired by the member customer who owns the membership card … a program for controlling a computer provided in a product sales data processing device capable of printing transaction data generated based on a product sales registration process on a printing paper by a printer and issuing it as a receipt”)
Regarding claim 3. The combination of NAKADA in view of Wataishi disclose the settlement system according to claim 1, wherein when acquiring customer identification information, the first controller of the first terminal device transmits the customer identification information to the receipt printer, (NAKADA, [0049]; “First, when the customer presents the membership card C, the cashier operates the "customer point" key 9e … [0050]; “Next, the presented membership card C is read by the IC card reader/writer 12 to obtain a membership code (step S4)”, [0025]; “inputting the identification number that identifies the member customer, it becomes possible to print out a receipt or the like based on the print data”, [0038]; “the POS terminal 2 is connected to an IC card reader/writer 12 that accepts insertion of a member card C, which is an IC card, and exchanges data with the member card C. The member card C has a built-in IC memory (not shown) including, for example, a CPU (Central Processing Unit) and an EEPROM (Electrically EPROM) that functions as a storage unit. A member code storage area for storing and a data storage area for rewritably storing various data are formed)
the fourth controller of the receipt printer transmits the received customer identification information to the information processing device, (NAKADA, [0045]; “the receipt selection file F4 stores the data relating to the receipt issuance format selection in association with the membership code that constitutes the customer information of the membership card C … inquire the point to the membership server 7 side via the store computer 4. And inquiries about the receipt issuance format (step S5) … [0052] In addition, the receipt selection file F4 is searched based on the inquired member code, and the data relating to the receipt issuing format selection (“receipt issuing format No.”) is read (step S23)”)
the fifth controller of the information processing device determines, based on the received customer identification information, that the electronic receipt was selected, (NAKADA, [0045]; “Here, FIG. 7 is an explanatory diagram schematically showing the data structure of the receipt selection file F4. As shown in FIG. 7, the receipt selection file F4 stores the data relating to the receipt issuance format selection in association with the membership code that constitutes the customer information of the membership card C … Receipt issuance Issue format No. 6 … E-mail transfer issuing format No. 7”)
the first controller of the first terminal device generates the printing data and transmits the printing data to the receipt printer, (NAKADA, [0053]; “After that, a message including the read accumulated point value and the data relating to the receipt issuance format selection (“receipt issuance format No.”) is set (step S24), and the message is sent to the POS terminal 2 that made the inquiry. It responds (step S25). Here, a part of the function of the issue classification acquisition means is executed”)
the fourth controller of the receipt printer transmits the received printing data to the information processing device, and the fifth controller of the information processing device generates the electronic receipt information based on the received printing data and transmits the electronic receipt information when receiving the electronic receipt request from the third terminal device. (NAKADA, [0054]; “After receiving this response, the POS terminal 2 … transmitting the sales registration data subjected to the sales registration processing to the store computer 4 is executed. The sales registration data thus transmitted to the store computer 4 is stored in the sales file F2 … the process proceeds to step S8 to execute the receipt issuing process. Here, the function of the receipt issuing means is executed. The receipt issuing process is executed based on the “receipt issuing format number” received from the member server 7 … [0061] ; “When the “receipt issue format No.” received from the member server 7 is “6”, the receipt information (receipt image, CSV format data, etc.) is transferred by e-mail to the personal computer etc. designated by the customer”)
Conclusion
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/AVIA SALMAN/Primary Patent Examiner, Art Unit 3627