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 .
The application of Conroy et al. for an “unified access control system” filed on August 19, 2024 has been examined.
This application is a CON of 17,383,063, filed on July 22, 2021, now US# 12,067,825,
which is a DIV of 16,547,318 filed on August 21, 2019, now US# 11,100,0742.
16,547,318 has PRO of 62/721,721 filed on August 23, 2018.
A preliminary amendment to the claim 1 has been entered and made of record. A new set of claims 2-25 are introduced.
Claims 1-25 are pending.
Specification
The disclosure is objected to because of the following informalities: Under cross references to related applications CON status needs to be updated. Serial number 17,383,063, filed on July 22, 2021, now US# 12,067,825.
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.
Claims 1-12, 15, 16, 18-21 and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harned et al. (US# 10,373,395).
Referring to claim 1, Harned et al. disclose a system (12) (i.e. an amusement park 10 including a stick-on ticket ticketing system 12) (column 1 line 52 to column 2 line 44; see Figures 1 to 11), comprising:
an attraction (32) (i.e. a user 24 may use the stick-on ticket 22 to access participating amusement areas 32 including a locker facility 34, water slide(s) 36, various rides or shows 38, restaurant(s) or food court(s) 39, various shops, etc.) (column 5 lines 26 to 30; see Figures 1 to 3); and
a control system (14) (i.e. a stick-on ticket control system 14) configured to control access to the attraction (32) (i.e. the stick-on ticket ticketing system 12 includes a stick-on ticket control system 14, one or more stick-on ticket readers 16, one or more stick-on ticket service counters 18 (e.g., kiosks 19, service counters 20 providing in-person customer services), stick-on tickets 22, and other components that coordinate in accordance with present embodiments) (column 4 lines 43 to 52; see Figures 1 and 2), the control system (14) comprising:
a first modular sensor device (16) (i.e. a stick-on ticket reader 16 at the entry way 28) comprising a first sensor (50) (i.e. a barcode reader) configured to determine first guest information (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2); and
a second modular sensor device (16) (i.e. a stick-on ticket reader 16 at the locker facility 34) comprising a second sensor (i.e. a reader of RFID, NFC, or UHF) configured to determine second guest information (i.e. the stick-on ticket printer 40 may be configured to print both the barcode 54 and the identification tag 58 on or within the stickers 59 of the stick-on ticket 22. That is, rather than being fed stock with integral identification tags 58, the wireless communication circuitry of the identification tags 58 may also be printed on demand) (column 6 lines 51 to column 7 line 46; see Figures 1 to 4),
wherein the first modular sensor device (16) (i.e. a stick-on ticket reader 16 at the entry way 28) is communicatively coupled with the second modular sensor device (i.e. a stick-on ticket reader 16 at the locker facility 34) (i.e. The stick-on ticket control system 14 includes a communication interface 74 (e.g., any suitable wired or wireless communication) to enable communication between the various components of the stick-on ticket control system 14, communication with the various components of the stick-on ticket ticketing system 12, and communication with the one or more entry control mechanisms 43 (e.g., mechanisms that control open or close of the entryway 28 and/or other entryways to the participating amusement areas 32) (column 8 lines 25 to 49; see Figures 1 to 3).
Referring to claim 2, Harned et al. disclose the system of claim 1, wherein the first guest information comprises first guest identification information, and the second guest information comprises second guest identification information (i.e. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24) (column 6 lines 15 to 27; column 7 lines 37 to 46; see Figure 1).
Referring to claim 3, Harned et al. disclose the system of claim 2, wherein the first guest identification information and the second guest identification information each comprises anatomical structure information, biometric data, a guest identification number, a family identification number, personal electronic device identification numbers, or any combination thereof (i.e. association of the identification tag 58 of the sticker 59 and the barcode 54 of a single stick-on ticket 22 with the same user may also associate the user's entitlements, such that any VIP status or other user profile information may also be accessed and presented via the identification tag 58 or the barcode 54) (column 7 lines 37 to 46; see Figures 1 to 5).
Referring to claim 4, Harned et al. disclose the system of claim 2, comprising processing circuitry configured to allow or deny access to the attraction based on, at least in part, the first guest identification information, the second guest identification information, or both (i.e. The method 90 includes authenticating (step 104) access based on the stick-on ticket information received at step 102. In response to determining that the associated stick-on ticket 98 is a valid pass for the particular attraction, the method 90 includes granting (step 106) access to the particular attraction. For example, the stick-on ticket control system 14 may instruct the corresponding one or more entry control mechanisms 43 to allow admission to the particular attraction) (column 12 lines 14 to 23; see Figures 1-3 and 8).
Referring to claim 5, Harned et al. disclose the system of claim 1, wherein the first guest information comprises first guest entitlement information, and the second guest information comprises second guest entitlement information (i.e. when the guests or users 24 arrive at a ticketing location 26 (e.g., hotel front desk, kiosk, guest service counter, park gate), the users 24 may purchase and be provided with entry entitlements (e.g., the stick-on tickets 22) among other items, such as a park map, stick-on ticket ticketing instructions, and amenities instructions) (column 5 lines 3 to 11; column 8 lines 17 to 24).
Referring to claim 6, Harned et al. disclose the system of claim 5, wherein the first guest entitlement information and the second guest entitlement information are associated with access to the attraction (i.e. each individual type of design may also be associated with particular special entitlement or interactive park elements that, once the stick-on ticket 22 is activated, the user may have access to. For example, users that have selected a blue stick-on ticket 22 may find blue interactive elements throughout the park that are responsive to blue stick-on tickets 22 but not stick-on tickets 22 of other colors. In such embodiments, the barcode 54 and identification tag 58 may include information indicating the type of stick-on ticket design as well as the user information to facilitate such interactions) (column 10 lines 34 to 54).
Referring to claim 7, Harned et al. disclose the system of claim 5, comprising processing circuitry configured to allow or deny access to the attraction based on, at least in part, the first guest entitlement information, the second guest entitlement, or both (i.e. The method 90 includes authenticating (step 104) access based on the stick-on ticket information received at step 102. In response to determining that the associated stick-on ticket 98 is a valid pass for the particular attraction, the method 90 includes granting (step 106) access to the particular attraction. For example, the stick-on ticket control system 14 may instruct the corresponding one or more entry control mechanisms 43 to allow admission to the particular attraction) (column 12 lines 14 to 23; column 13 lines 3 to 49; see Figures 1-3 and 8).
Referring to claim 8, Harned et al. disclose the system of claim 1, wherein the first guest information comprises first guest identification information (i.e. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24) (column 6 lines 15 to 27; column 7 lines 37 to 46; see Figure 1), and the second guest information comprises first guest entitlement information (i.e. when the guests or users 24 arrive at a ticketing location 26 (e.g., hotel front desk, kiosk, guest service counter, park gate), the users 24 may purchase and be provided with entry entitlements (e.g., the stick-on tickets 22) among other items, such as a park map, stick-on ticket ticketing instructions, and amenities instructions) (column 5 lines 3 to 11; column 8 lines 17 to 24).
Referring to claim 9, Harned et al. disclose the system of claim 8, wherein the first guest identification information comprises anatomical structure information, biometric data, a guest identification number, a family identification number, personal electronic device identification numbers, or any combination thereof (i.e. association of the identification tag 58 of the sticker 59 and the barcode 54 of a single stick-on ticket 22 with the same user may also associate the user's entitlements, such that any VIP status or other user profile information may also be accessed and presented via the identification tag 58 or the barcode 54) (column 7 lines 37 to 46; see Figures 1 to 5).
Referring to claim 10, Harned et al. disclose the system of claim 8, where in the first guest entitlement information is associated with access to the attraction (i.e. each individual type of design may also be associated with particular special entitlement or interactive park elements that, once the stick-on ticket 22 is activated, the user may have access to. For example, users that have selected a blue stick-on ticket 22 may find blue interactive elements throughout the park that are responsive to blue stick-on tickets 22 but not stick-on tickets 22 of other colors. In such embodiments, the barcode 54 and identification tag 58 may include information indicating the type of stick-on ticket design as well as the user information to facilitate such interactions) (column 10 lines 34 to 54).
Referring to claim 11, Harned et al. disclose the system of claim 8, comprising processing circuitry configured to allow or deny access to the attraction based on, at least in part, the first guest identification information, the first guest entitlement information, or both (i.e. The method 90 includes authenticating (step 104) access based on the stick-on ticket information received at step 102. In response to determining that the associated stick-on ticket 98 is a valid pass for the particular attraction, the method 90 includes granting (step 106) access to the particular attraction. For example, the stick-on ticket control system 14 may instruct the corresponding one or more entry control mechanisms 43 to allow admission to the particular attraction) (column 12 lines 14 to 23; column 13 lines 3 to 49; see Figures 1-3 and 8).
Referring to claim 12, Harned et al. disclose the system of claim 1, wherein the first sensor (54) and the second sensor comprise one or more barcode scanners (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2).
Referring to claim 15, Harned et al. disclose the system of claim 1, wherein the first sensor (16) and the second sensor comprise one or more scanners (50) configured to identify the first guest information, the second guest information, or both by scanning one or more items associated with a guest (24) (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2).
Referring to claim 16, Harned et al. disclose the system of claim 1, wherein the first sensor (16) and the second sensor comprises a same type of sensor (50) (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2).
Referring to claim 18, Harned et al. disclose a control system, to the extent as claimed with respect to claim 1 above, and the control system further including:
a third module (16) (i.e. a stick-on ticket reader 16 at the rides or shows 38) comprising one or more sensors (i.e. a reader of RFID, NFC, or UHF), wherein the one or more sensors are configured to determine a set of guest identifiers of a plurality of guest identifiers (i.e. the stick-on ticket printer 40 may be configured to print both the barcode 54 and the identification tag 58 on or within the stickers 59 of the stick-on ticket 22. That is, rather than being fed stock with integral identification tags 58, the wireless communication circuitry of the identification tags 58 may also be printed on demand) (column 6 lines 51 to column 7 line 46; see Figures 1 to 4).
Referring to claim 19, Harned et al. disclose the system of claim 18, wherein the one or more sensors comprise a scanner configured to generate scan data associated with an area (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2).
Referring to claim 20, Harned et al. disclose the system of claim 19, wherein the first module comprises control circuitry configured to instruct the scanner to scan the area and generate the scan data (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2).
Referring to claim 21, Harned et al. disclose the system of claim 19, wherein the second module comprises processing circuitry configured to determine the set of guest identifiers based, at least in part, on the scan data (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2).
Referring to claim 23, Harned et al. disclose a control system, to the extent as claimed with respect to claim 1 above, and a third module (16) comprising processing circuitry configured to allow or deny access to an attraction based on the first sensor data, the second sensor data, or both (i.e. The stick-on ticket control system 14 includes a memory 70 that stores instructions (e.g., software, application) and a processor 72 configured to execute these instructions to control various components of the stick-on ticket control system 14, the various components of the stick-on ticket ticketing system 12 (e.g., the one or more stick-on ticket printers 40, the one or more stick-on ticket readers 16, the data server 42, the one or more stick-on ticket service counters 18), and/or some components of the amusement park 10 (e.g., components that allow or deny entrances into the amusement park 10 and/or the participating amusement park areas 32)(column 8 lines 25 to 49; see Figures 1 to 9).
Referring to claim 24, Harned et al. disclose the system of claim 23, wherein the first sensor, the second sensor, or both comprise a scanner configured to generate scan data associated with an area, wherein the area comprises the attraction, and wherein the first sensor data, the second sensor data, or both comprises the scan data (i.e. The users 24 having the stick-on tickets 22 may be provided essentially hands-free access to the amusement park 10. For example, the one or more stick-on ticket readers 16 may authenticate access of the users 24 as the users 24 walk through the entryway 28 without stopping. The barcode reader 50 is configured to read or scan a barcode 54 on stick-on ticket carriers 56 of the stick-on tickets. The barcode 54 is configured to permit the respective stick-on ticket 22 to be linked or associated with the user account, profile, and/or payment information of the user 24. The barcode 54 may be data matrix or quick response code (QR code) in one-dimensional (1D) or two-dimensional (2D) variants) (column 5 lines 19 to 30; column 6 lines d15 to 50; see Figures 1 and 2).
Referring to claim 25, Harned et al. disclose the system of claim 24, wherein the scan data comprises guest information, and wherein the processing circuitry is configured to: grant access to the attraction based on the guest information comprising an entitlement associated with the attraction; and deny access to the attraction based on the guest information not having an entitlement associated with the attraction (i.e. The method 90 includes authenticating (step 104) access based on the stick-on ticket information received at step 102. In response to determining that the associated stick-on ticket 98 is a valid pass for the particular attraction, the method 90 includes granting (step 106) access to the particular attraction. For example, the stick-on ticket control system 14 may instruct the corresponding one or more entry control mechanisms 43 to allow admission to the particular attraction) (column 12 lines 14 to 23; column 13 lines 3 to 49; see Figures 1-3 and 8).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Harned et al. (US# 10,373,395) as applied to claim 1 above, and in view of Ploetner et al. (Pub. No. 2016/0275460).
Referring to claim 13, Harned et al. disclose the system of claim 1, however, Harned et al. did not explicitly disclose wherein the first sensor and the second sensor comprise one or more multifactor sensors configured to identify one or more personal electronic devices associated with a guest.
In the same field of endeavor of an access control system, Ploetner et al. teach that the first sensor (258) and the second sensor (262) comprise one or more multifactor sensors (i.e. cameras) configured to identify one or more personal electronic devices (124) associated with a guest (101) (i.e. in block 412 the routine 400 identifies, authenticates, and/or assesses the physical condition the mobile device 124 based at least in part on the one or more physical attributes detected in block 406. For example, the routine 400 can identify the model and/or make of the mobile device based on the overall device dimensions (e.g., the length, width, and/or thickness), the dimensions of certain device features (e.g., the device button, the touchscreen region, etc.), and/or the absolute and/or relative locations of certain device features) (page 3 paragraph 0025; page 8 paragraph 0051; see Figures 1 to 4) in order to determine the device identity.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for using the camera to detect light to read hidden codes or information to identify the mobile device of the user taught by Ploetner et al. in the stick-on ticket control system to authenticate access for guess at the entitlements in the amusement park of Harned et al. because using the camera to detect light to read hidden codes or information to identify the mobile device of the user would provide a quick check to identify of the user device in the amusement park.
Claims 14 and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Harned et al. (US# 10,373,395) as applied to claim 1 above, and in view of Saito et al. (Pub. No. 2016/0269401).
Referring to claim 14, Harned et al. disclose the system of claim 1, however, Harned et al. did not explicitly disclose comprising processing circuitry, wherein the first sensor and the second sensor are configured to receive anatomical feature data and the processing circuitry is configured to determine the first and second guest information based on the anatomical feature data.
In the same field of endeavor of an access control system, Saito et al. teach that comprising processing circuitry, wherein the first sensor (10) and the second sensor are configured to receive anatomical feature data (i.e. face image of a person) and the processing circuitry is configured to determine the first and second guest information based on the anatomical feature data (i.e. the first immigration authentication device 1 includes an image obtaining unit 10 that is capable of taking images of the persons passing through the first departure gate 3. The image obtaining unit 10 is configured with a video camera that converts a captured image (an example of a first-type image), which are obtained by performing imaging of the persons passing through the first departure gate 3, into digital image data, and outputs the image data) (page 1 paragraphs 0016 and 0018; see Figures 1 to 5) in order to determine the person passing the gate.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for using the camera to detect the person face for authenticating the person passing the gate taught by Saito et al. in the stick-on ticket control system to authenticate access for guess at the entitlements in the amusement park of Harned et al. because using the camera to detect the person face for authenticating the person passing the gate would provide authorized person to have access into in the amusement park.
Referring to claim 17, Harned et al. disclose the system of claim 1, Saito et al. disclose wherein the first sensor (10) comprises a biometric sensor and wherein the second sensor comprises an image sensor (i.e. the first immigration authentication device 1 includes an image obtaining unit 10 that is capable of taking images of the persons passing through the first departure gate 3. The image obtaining unit 10 is configured with a video camera that converts a captured image (an example of a first-type image), which are obtained by performing imaging of the persons passing through the first departure gate 3, into digital image data, and outputs the image data) (page 1 paragraphs 0016 and 0018; page 2 paragraph 0019; see Figures 1 to 5) in order to determine the person passing the gate.
Claim 22 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Harned et al. (US# 10,373,395) as applied to claim 21 above, and in view of Charych (US# 8,674,805).
Referring to claim 22, Harned et al. disclose the system of claim 21, however, Harned et al. did not explicitly disclose wherein the one or more sensors comprise a microphone configured to receive voice data, and wherein the processing circuitry is configured to determine the set of guest identifiers based, at least in part, on the voice data.
In the same field of endeavor of an access control system, Charych teaches that wherein the one or more sensors comprise a microphone configured to receive voice data, and wherein the processing circuitry is configured to determine the set of guest identifiers based, at least in part, on the voice data (i.e. it is also possible to add voice recognition to the biometrics discussed above. In such a system, the first time that the system is used, the gate display or a digitized voice cue from a speaker system can request that the user speak the name of the ski area, for instance. This can be recorded by a microphone (not shown) coupled to the computer 30, which can then derive and store a voice print from the recording. The voice print is now part of the database, associated with the tag identification. Then, when the ticket ID is verified in later accesses, the system can request that the user repeat the phrase that was used the first time for voice print match.) (column 6 lines 37 to 47; see Figure 1) in order to determine the person passing the gate of the ski areas.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for using the microphone at the gate to detect voice of the person for authenticating the person passing the gate taught by Charych in the stick-on ticket control system to authenticate access for guess at the entitlements in the amusement park of Harned et al. because using the microphone at the gate to detect voice of the person for authenticating the person passing the gate would provide additional verification to authorized person to have access into in the amusement park.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 of U.S. Patent No. 11,100,742. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Referring to Claim 1 of the application, it is noted that although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application is broader than the claim 1 of U.S. Patent No. 11,100,742. In this case, it is noted that the instant claim is identical to the claim of U.S. Patent No. 11,100,742 except without the limitation "an access control computer system, determine one or more entitlement, determine a set of guest identifiers and wherein the unified access control device is configured to: determine whether the set of guest identifiers received from the access control computer system comprises the guest identification data; and in response to determining that the set of guest identifiers comprises the guest identification data, output an indication that the guest identification data is not associated with the one or more entitlements associated with the amusement park area."
The following claims are not identical, but at least one examined application claim is
anticipated by, or would have been obvious over, the reference claims:
Instant Application U.S. Patent No. 11,100,742
1 1, 15
18 1, 15
23 1, 15
Referring to claims 2-17, 19-22 and 24-25 are rejected as being dependent upon a rejected Claims 1, 18 and 23 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the enclosed PTO-892 for details.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM V NGUYEN whose telephone number is 571-272-3061. Fax number is (571) 273-3061. The examiner can normally be reached on 8:00AM-5:00PM Monday to Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications.
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/NAM V NGUYEN/
Primary Examiner, Art Unit 2685