NONFINAL REJECTION
NOTE: Notice of Non-Compliance mailed on 12/31/2025 was sent in error and is withdrawn.
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 .
Election/Restrictions
Applicant’s election without traverse of Group II with claims 9-27 in the reply filed on 12/17/2025 is acknowledged.
However, after consideration and review of the elected claims, it appears that claims 20 and 23-26 should have been grouped with Group I, since such claims originally depended on non-elected claim 2. These claims are not examined given their dependency. These claims should have been canceled during election response.
Claims 20 and 23-26 are canceled as approved by applicant representative, William F. Ahmann, Reg. No. 52,548 on 1/20/2025.
Claim Objections
Claims 9-19, 21-22 and 27 objected to because of the following informalities: claims 9 and 27 include limitation “the attendee” which should be --an attendee--. Appropriate correction is required. All remaining dependent claims are objected due to their dependency.
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 9-19, 21-22 and 27 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) (claim 1) recite(s) a series of steps to reserve assigned seats to an attendee of an event/function/travel operation etc., which all fall into an abstract category of certain methods of either mental processes concepts performed in the human mind (including an observation, evaluation, judgment, opinion) and organizing human activity (i.e. commercial or legal interactions – determining, organizing and reserving specific seats for purchase) – all of which could be performed solely in the human mind or with writing on paper, not necessarily requiring any specific device or computer assistance. This judicial exception is not integrated into a practical application because (under prong 2A) the claim(s) directed to a method of using a correlation of personal data/preference, a time counter, grouping of persons (based on personal data) all of which encompass data gathering steps required to use correlations/determinations etc. (all these uses of the recited judicial exception require data gathering or data outputting), that do not add a meaningful limitation to the method as they are insignificant extra-solution activity (i.e. MPEP 2106.05(g) (3)). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because (under prong 2B) all the functional limitations encompass well-understood, routine, conventional activities in the process of reserving seat options, i.e. by way of gathering data of a person, organizing and determining from that data to determine where such person could sit based on more data (i.e. seat vacancies), applying a timer to process these functions, gathering and organizing data on group/subgroups, confirming seat options for those subgroups of people and using that data to reserve seating, and there are no further additional limitations which require any device/computer, although any conventional computing device (i.e. mobile phone with internet capability, computer, etc.) could further assist to perform all these data processing functions (i.e. MPEP § 2106.05(d)). A similar analysis and interpretation is also applied for claim 27, although claim 27 adds generic computing device which does not amount to significantly more. An interpretation under this analysis is detailed below.
Claims 9 and 27:
initiating a group seating assignment; (data gathering for commercial or legal interactions)
activating an expiry timer for holding seats; (activating a timer - observation, evaluation, judgment, opinion)
generating and sending a notification to the group, wherein the notification includes any of information on hall location, reserved seat location and expiry time; (data gathering for communicating data - observation, evaluation, judgment, opinion)
in response to determining the attendee is a member of a subgroup, splitting the group into subgroups of which the attendee is a member of one of the subgroups; (observation, evaluation, judgment, opinion)
generating and sending subgroup seating options; (data gathering for communicating data - observation, evaluation, judgment, opinion)
receiving confirmation for the subgroup seating options; (commercial or legal interactions (including agreements in the form of sales activities)
reserving seats for the confirmed subgroup seating options. (commercial or legal interactions (including agreements in the form of contracts))
Claims 10-14 is drawn to mental processes - concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
Claim 15 is drawn to mathematical concepts - mathematical relationships, mathematical formulas or equations, mathematical calculations
Claims 16-19 is drawn to mental processes - concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
Claim 21 is drawn mental processes - concepts performed in the human mind (including an observation, evaluation, judgment, opinion) with the assistance of a generic computing device.
Claim 22 is drawn to mental processes - concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 9, 12-15, 22 and 27 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DENKER et al. (US 20130144665 A1).
Re claim 9. DENKER discloses (abstract) a method (similar to method in FIG.28) comprising:
initiating a group seating assignment; (steps 2802-2803 – group seating may refer to any group of seats selected or desired by any user in which users can sit together as desired i.e. friends)
[0410] FIG. 28 illustrates an example ticket selection and checkout process which may be executed by a computing system, such as system 102 discussed above. At state 2802, the process receives a user selection of an event (e.g., via a menu selection, a user initiated search, activation of an event link, or otherwise), and the process causes a map of the event venue to be displayed on the user's terminal (e.g., laptop, desktop, tablet computer, cell phone, television, etc.). By way of example, the map may be provided for display via a ticketing website or a ticketing application hosted on a computing device. The venue map may have seating sections demarcated (e.g., using polygons). The sections and/or seats may be color coded and/or otherwise coded (e.g., using icons, text, animations, 3D effects, etc.) via to provide information regarding the sections and/or seats (e.g., location information, seat status information, prices, offer code requirements, view information, etc.), as discussed above.
activating an expiry timer (i.e. the system would include activating a timer with expiration time to determine when to dynamically change the price - increased or decreased) for holding seats;
[0166] Over time, or as the result of initial modeling, the price level associated with a price break may be dynamically changed (e.g., by a user or system authorized to change pricing). For example, the price levels may optionally be increased or decreased based in whole or in part on ticket sales. For example, the price levels may optionally be increased or decreased based on one or more of the following factors: [0167] the quantity of tickets sold for the event and/or specific seating areas for the event, …. [0172] the expiration of a timer or a date/time alarm, and/or…
[0414] At state 2806, the map provided for display to the user is updated, optionally in substantially real-time, to reflect the section selection, the modified search criteria, and/or system initiated modifications (e.g., to reflect the change in status of seats). For example, if the user selected a section, the process may provide, via the user terminal, a zoomed view of the section so that seats can be individually viewed and selected. If the user modified the search criteria, the map coloring (or other indicator) may indicate which sections and/or seats match the user's search criteria and/or the degree to which the sections and/or seats match the user's search criteria. At state 2808, a user seat selection is received (e.g., by a user clicking on a seat icon in the map or by entering a seat identifier into a field), and the selected seat(s) are added to the user's selected seat list and are assigned a reserved status. In this example embodiment, when the seats are in a reserved state, other users may not purchase the tickets, although optionally they can be wait-listed for the tickets, wherein the wait-listed user may be notified when the reserved seats become available for purchase (and are no longer reserved by another user). In certain embodiments, the reserved seats may be released for others to purchase (wherein the status is changed from reserved to available), if the user does not complete the ticket purchase and/or certain stages of the ticket purchase, within a specified period of time.
generating and sending a notification (i.e. information about codes, user identity information or desired seats, such as seats next to friends are sent to user terminal(s) as generated by the system, to assist user(s) in selecting seats needed for event [0310]) to the group (including steps 2803-2804 – wherein information about other seats are provided so that friends could sit together), wherein the notification includes any of information on hall location, reserved seat location and expiry time (see FIG.21V);
[0310] Interactive seat maps will now be discussed in relation to example embodiments illustrated in the figures. As illustrated in FIGS. 20 and 21A-21Z, interactive seat maps of a venue and/or event may be provided for display on networked user terminals (e.g., phones, personal computers, interactive televisions, or networked devices, etc.) of potential ticket purchasers.
[0353] FIG. 21W illustrates the user interface of FIG. 21V with a price submission user interface. The user can enter an offer price per ticket and a day and time until the offer expires. Optionally, the user is instructed that there is a minimum required price and if the user enters a price below the minimum, the system may so detect, and inform the user that the offer is not accepted because the offer is below the minimum specified amount.
[0411] The process may cause a field to be presented via which the user may enter an offer code. For example, the offer code may entitle the user to purchase seats that are not available to the general public or to certain people absent the offer code. In addition or instead, the offer code may entitle the user to reduced prices/discounts on some or all seat tickets and/or may entitle the user to a package (e.g., a musical recording, food, and/or an item of clothing, in addition to the event ticket).
[0412] If the user has been identified by the system (e.g., via a login process at a ticketing website, a social network website, via a token, a unique user terminal identifier, or otherwise identified), the map may be customized for the user. For example, at state 2803, automatically or in response to a user instruction to show where the user's friends are sitting, the process may identify certain other people as having a social relationship with the user (which, for convenience, will be referred to as "friends) from information accessed from a social network account of the user. The database may be part of a social network site hosted by the ticketing system or separately hosted and operated. In addition, information regarding such friends (e.g., names, email addresses, wall postings, activities, etc.) may be accessed from the social network account of such people. The process may use identifying information regarding the friends (e.g., their names, emails addresses, etc.) to locate, in a ticketing database, user records that include some or all of such identifying information. A ticketing database user record may indicate which seat tickets for which events are being held by the respective user. The process may then determine which friends are ticket holders for the event and determine for which seats the friends hold tickets. The map may then be generated or modified to include indicators as to where friends of the user are sitting (e.g., at a section level and/or at a seat level). The indicators may be in the form of color coding, icon, friend name, friend photograph, or otherwise. Different indicators may be used depending on how detailed the map being presented to the user is.
[0413] At state 2804, the process receives from the user a selection of a venue section (e.g., by the user clicking on or hovering a cursor over the section in the map) or a modification of the user's search criteria (e.g., by the user specifying or modifying a desired price range, ticket type, package type, seating area, shade seating, seating in the sun, covered seating, aisle seating, bathroom adjacent seating, concession adjacent seating, exit adjacent seating, friends seating, etc.).
in response to determining the attendee is a member of a subgroup (under broadest reasonable interpretation – attendee is any person capable of obtaining seats within process, such as a member of specified group OR could be read on a friend who is looking for seat tickets nearby another friend), splitting the group into subgroups of which the attendee is a member of one of the subgroups (this function of determining the data of user and other user’s such as friends, to gather information and present in map with friends’ seating locations);
[0357] In certain embodiments, a ticket holder reselling a ticket can specify to which other users or category of users the ticket holder is willing to resell a ticket to. For example, in some instances, a ticket holder may not want to sell a ticket to a ticket broker, but is only willing to sell the ticket to someone the ticket holder has designated a friend or that may be a friend of a friend (or that may be a member of a specified group, such as a fan group of the performer performing at the event). The ticket holder can also enter, via an electronic form or otherwise, a requested price per ticket and a reason the ticket holder is not using the ticket. The ticket system may then determine whether a user seeking to purchase tickets fits the ticket holder specified designation, and if not, prevent or inhibit the user from purchasing the ticket. For example, the system may indicate that the seat ticket is not available for purchase to users that do not fit the ticket holder specified designation.
[0412] If the user has been identified by the system (e.g., via a login process at a ticketing website, a social network website, via a token, a unique user terminal identifier, or otherwise identified), the map may be customized for the user. For example, at state 2803, automatically or in response to a user instruction to show where the user's friends are sitting, the process may identify certain other people as having a social relationship with the user (which, for convenience, will be referred to as "friends) from information accessed from a social network account of the user. The database may be part of a social network site hosted by the ticketing system or separately hosted and operated. In addition, information regarding such friends (e.g., names, email addresses, wall postings, activities, etc.) may be accessed from the social network account of such people. The process may use identifying information regarding the friends (e.g., their names, emails addresses, etc.) to locate, in a ticketing database, user records that include some or all of such identifying information. A ticketing database user record may indicate which seat tickets for which events are being held by the respective user. The process may then determine which friends are ticket holders for the event and determine for which seats the friends hold tickets. The map may then be generated or modified to include indicators as to where friends of the user are sitting (e.g., at a section level and/or at a seat level). The indicators may be in the form of color coding, icon, friend name, friend photograph, or otherwise. Different indicators may be used depending on how detailed the map being presented to the user is.
generating and sending subgroup seating options (step 2806 - such as re-organizing the information on user terminal map to update after user makes further selections, such as search criteria options including friends seating);
[0413] At state 2804, the process receives from the user a selection of a venue section (e.g., by the user clicking on or hovering a cursor over the section in the map) or a modification of the user's search criteria (e.g., by the user specifying or modifying a desired price range, ticket type, package type, seating area, shade seating, seating in the sun, covered seating, aisle seating, bathroom adjacent seating, concession adjacent seating, exit adjacent seating, friends seating, etc.).
[0414] At state 2806, the map provided for display to the user is updated, optionally in substantially real-time, to reflect the section selection, the modified search criteria, and/or system initiated modifications (e.g., to reflect the change in status of seats). For example, if the user selected a section, the process may provide, via the user terminal, a zoomed view of the section so that seats can be individually viewed and selected. If the user modified the search criteria, the map coloring (or other indicator) may indicate which sections and/or seats match the user's search criteria and/or the degree to which the sections and/or seats match the user's search criteria. At state 2808, a user seat selection is received (e.g., by a user clicking on a seat icon in the map or by entering a seat identifier into a field), and the selected seat(s) are added to the user's selected seat list and are assigned a reserved status. In this example embodiment, when the seats are in a reserved state, other users may not purchase the tickets, although optionally they can be wait-listed for the tickets, wherein the wait-listed user may be notified when the reserved seats become available for purchase (and are no longer reserved by another user). In certain embodiments, the reserved seats may be released for others to purchase (wherein the status is changed from reserved to available), if the user does not complete the ticket purchase and/or certain stages of the ticket purchase, within a specified period of time.
receiving confirmation (step 2808) for the subgroup seating options;
[0414] At state 2806, the map provided for display to the user is updated, optionally in substantially real-time, to reflect the section selection, the modified search criteria, and/or system initiated modifications (e.g., to reflect the change in status of seats). For example, if the user selected a section, the process may provide, via the user terminal, a zoomed view of the section so that seats can be individually viewed and selected. If the user modified the search criteria, the map coloring (or other indicator) may indicate which sections and/or seats match the user's search criteria and/or the degree to which the sections and/or seats match the user's search criteria. At state 2808, a user seat selection is received (e.g., by a user clicking on a seat icon in the map or by entering a seat identifier into a field), and the selected seat(s) are added to the user's selected seat list and are assigned a reserved status. In this example embodiment, when the seats are in a reserved state, other users may not purchase the tickets, although optionally they can be wait-listed for the tickets, wherein the wait-listed user may be notified when the reserved seats become available for purchase (and are no longer reserved by another user). In certain embodiments, the reserved seats may be released for others to purchase (wherein the status is changed from reserved to available), if the user does not complete the ticket purchase and/or certain stages of the ticket purchase, within a specified period of time.
reserving seats (by way of step 2810) for the confirmed subgroup seating options.
[0415] At state 2810, the user activates a checkout control, and the process processes the order (e.g., obtains or retrieves payment information, shipment information, etc.), and causes the ticket(s) to be delivered to the user (e.g., electronically or as a physical ticket) and/or enables an existing user physical or electronic document (e.g., a credit card, license, membership card, etc.) to be used as a ticket. The user may be automatically be tagged into a seat selected by the user and/or purchased by the user, or the user may manually instruct the process to tag the user into the seat. Optionally, a user interface is provided via which the user can tag others into one or more seats.
Re claim 12. [0315] the method of claim 9, further comprising determining whether the group seats are occupied.
Re claim 13. [0328] the method of claim 12, further comprising in response to determining the group seats are occupied, blocking the seats for use by the group members.
Re claim 14. [0328] the method of claim 13, further comprising updating a vacant seat list to indicate the seats are not vacant.
Re claim 15. [0328] the method of claim 14, wherein the vacant seat list is binary (listing or map would include available or not available data).
Re claim 22. [0328] the method of claim 9, wherein the group is split into smaller subgroups or individuals based on an available vacant seat pattern (available seats show up in maps as vacant seat pattern).
27. DENKER discloses (as applied for claim 9) a system comprising one or more processors and memory storing instructions that, when executed by the one or more processors, cause the system to perform:
initiating a group seating assignment;
activating an expiry timer for holding seats;
generating and sending a notification to the group, wherein the notification includes any of information on hall location, reserved seat location and expiry time;
in response to determining the attendee is a member of a subgroup, splitting the group into subgroups of which the attendee is a member of one of the subgroups;
generating and sending subgroup seating options;
receiving confirmation for subgroup seating options;
reserving seats for confirmed subgroup seating options.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 10-11, 16-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over DENKER (as applied above) in view of BAYNE (US 8452683 B2).
However, DENKER fails to explicitly disclose:
Re claim 10. the method of claim 9, further comprising determining whether an authorized time extension request has been received for the group.
Re claim 11. the method of claim 10, further comprising in response to determining the authorized time extension request has been received, extending the expiry timer.
BAYNE teaches (abstract) in a similar field of invention, a system of online transactions (FIG.1) a function of determining if an authorized time extension request has been received, to provide additional time for a person to complete a transaction, which is a common practice that checkout processes in the systems as described by DENKER, which typically allow for extension of time or resetting of timers, depending on the desire and need of a user, in order for them to complete their desired purchase of seat tickets properly. Commonly, websites (such as those used within system of DENKER) for seat/ticket purchasing, include the option of extending a expiration time once seats have been selected, so as the extend the time period a person has to complete their reservation of seats.
Person having ordinary skill in the art (PHOSITA) understand that under broadest reasonable interpretation (BRI) online seat/ticket sellers, such as for concert tickets, flight tickets, vehicle rentals, parking spot reservations, sports events, etc., the ticket sellers commonly provide a means for user to select an authorized time extension request (i.e. limited to additional time) so that a timer expiration can be extended. PHOSITA know that under BRI, extending an expiry time would allow a user more time to complete a seat reservation.
(c.11, l.41-46)
(56) In an alternate embodiment, the PPES 100 may notify the second person 103 of his bid request status (e.g. no conforming cardholder 105 bid), and give the second person 103 an opportunity to extend the time the bid request remains open, cancel the financial transaction, or complete the financial transaction using the second person's 103 funds/credit card.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try determining if an authorized time extension request is received as taught by BAYNE in order to provide more time for a person to complete their selection and sale transaction.
Re claim 16. However, DENKER as modified by BAYNE fails to explicitly disclose:
the method of claim 9, further comprising in response to determining an authorized extension request has not been received, determining whether an attendee, group owner, or group representative has voluntarily transferred group position lower in an attendee arrival list.
Official notice is taken that once a request for extension would not be received or determined, the selected seat(s) could be transferred voluntarily (a prompt to release seats) to a position lower in an arrival list (such as returning seats to available seats and showing which seats are available again)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try determining that authorized time extension request is not received in order to prompt user one last time that seats will be returned to available.
Re claim 17. However, DENKER as modified by BAYNE fails to explicitly disclose:
the method of claim 16, wherein the attendee, group owner, or group representative is given a choice for voluntary transfer to a lower priority position in the attendee arrival list before the expiry timer has elapsed.
PHOSITA would know that a user could be asked/prompted to release the seats before a time expires, or to change seats to another group of seats.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try prompting a user in order to return selected seats to available before a time expires, giving the option to user to select other seats.
Re claim 18. However, DENKER as modified by BAYNE fails to explicitly disclose:
the method of claim 16, further comprising in response to determining an attendee, group owner, or group representative has voluntarily transferred group position lower in an attendee arrival list, releasing the seats.
PHOSITA would know that a user could be asked/prompted to release the seats before a time expires, or to change seats to another group of seats (i.e. changing seat selection to general seating rather than a preferred seating such as with friends or specific section).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try prompting a user in order to return selected seats to available before a time expires, giving the option to user to select other seats.
Re claim 19. DENKER suggests [0342, 0386, 0414] the method of claim 16, further comprising in response to determining an attendee, group owner, or group representative has not voluntarily transferred group position lower in an attendee arrival list, either releasing or blocking the seats.
Re claim 21. DENKER discloses [0386] the method of claim 17, further comprising:
when a group does not want to split into subgroups, a particular member of the group requests via a device application to delay seating assignments [0414] until a next opportunity to provide
a full group seating assignment is found, wherein negotiation of seating assignments for the group is conducted by the particular member of the group. (other friends or users can select seats based on user preferences, such as selecting who views who sits where)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
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, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 1/20/2026