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 .
Priority
Application 18/850,539 was filed on September 24, 2024 and claims priority to Japanese Patent Application No. 2022-015858 filed on March 20, 2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 24, 2024 was filed before the mailing date of this non-final action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
Claims 1-5 and 10-17 are currently pending. Claims 1-5 were amended in the preliminary amendment filed May 28, 2025. Claims 6-9 were cancelled and claims 10-17 were added. No new matter was added by the preliminary amendment.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a point purchasing unit”, “a deposit point determination unit”, “a deposit period designation unit”, “a provided service selection unit”, “a deposit point storage unit”, “a provided service determination unit”, and “a period management unit”, coupled with functional language, in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Furthermore, the generic placeholder (i.e., “unit that”) is not preceded by a structural modifier. The following is a list of non-structural generic placeholders that may invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, paragraph 6: “mechanism for,” “module for,” “device for,” “unit for,” “component for,” “element for,” “member for,” “apparatus for,” “machine for,” or “system for.” See MPEP 2181.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1-5 and 10-15 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: at applicants published specification paragraphs: [0025-0028] “Next, the functional blocks of each processing unit of the toll-free system S according to the present embodiment will be described with reference to FIG. 2 … ”; [0029-0031] “The business operator server 3 is a terminal such as a computer …”; and [0046] “As mentioned above, the invention according to this embodiment is a toll-free system S comprising: a terminal device 1 that is owned by a user who receives the subscription and rental service; and a business operator server 3 that is connected to the terminal device via the Internet and is managed by a business operator who provides the toll-free subscription and rental service to the user …”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1-5 and 10-17 are objected to because of the following informalities:
Claim 1 recites “a business operator server that is connected to the terminal device via network” (emphasis added). In light of paragraph [0020] of Applicant’s specification (as well as claim 17), it appears that this limitation contains a grammatical/typographical error and should read, “a business operator server that is connected to the terminal device via a network” (emphasis added). Appropriate correction is required.
Claim 1 further recites “a provided service selection unit that selects a desired subscription and rental service from at least one available toll-free subscription and rental services” (emphasis added). It appears that this limitation contains a grammatical/typographical error and should read, “a provided service selection unit that selects a desired subscription and rental services from at least one available toll-free subscription and rental service” (emphasis added). Appropriate correction is required.
Claim 1 further recites “a period management unit that manages the period of the subscription and rental service, which is used by the user of the terminal device” (emphasis added). There is insufficient antecedent basis for this limitation in the claim. Specifically, there is no antecedent basis for “the period of the subscription and rental service”. For the purposes of examination, the claim is interpreted to read “a period management unit that manages a period of the subscription and rental service, which is used by the user of the terminal device” (emphasis added). Appropriate correction is required.
Claim 1 further recites “a memory unit that memorizes user information to which the subscription and rental service is provided” (emphasis added). It appears that this limitation contains a grammatical/typographical error as computers do not “memorize” information. For the purposes of examination, the claim in interpreted to read, “a memory unit that stores user information to which the subscription and rental service is provided” (emphasis added). Appropriate correction is required. Claims 3 and 10 recite similar limitations where “the memory unit memorizes information” (emphasis added). Claims 3 and 10 are objected to for the same reason as claim 1 and are interpreted to read “the memory unit stores information” (emphasis added). Appropriate correction is also required for claims 3 and 10.
Claim 16 recites “transmitting and receiving data with a business operator server that provides the subscription and rental service” (emphasis added). There is insufficient antecedent basis for this limitation in the claim. Specifically, there is no antecedent basis for “the subscription and rental service”. For the purposes of examination, the claim is interpreted to read “transmitting and receiving data with a business operator server that provides a subscription and rental service” (emphasis added). Appropriate correction is required.
Claim 16 further recites “determining deposit points to be deposited to the business operator, which provides the rental service based on a total points purchased via the point purchasing step” (emphasis added). There is insufficient antecedent basis for this limitation in the claim. Specifically, there is no antecedent basis for “the step”. However, claim 16 previously recites “purchasing points to be used when receiving the subscription and rental service” (emphasis added), which appear to be the intended point purchasing step. For the purposes of examination, “the point purchasing step” is interpreted to refer to “purchasing points to be used when receiving the subscription and rental service”. Appropriate correction is required.
Claim 17 recites “and memorizing user information to which the subscription and rental service is provided” (emphasis added). It appears that this limitation contains a grammatical/typographical error as computers do not “memorize” information. For the purposes of examination, the claim in interpreted to read, “and storing user information to which the subscription and rental service is provided” (emphasis added). Appropriate correction is required.
Claims 2-5 and 10-15 are objected to by virtue of dependency on claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 and 10-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 further recites “and is managed by a business operator who provides the subscription and rental service to the user for free” (emphasis added). However, claim 1 also recites “a point purchasing unit that purchases points to be used when receiving the subscription and rental service” (emphasis added). Based on this limitation, it appears that points must be purchased in order to the subscription and rental service. This is inconsistent with providing the subscription and rental service to the user for free as it requires the user to make a purchase in order to use the service. For the purposes of examination, claim 1 is interpreted to read, “and is managed by a business operator who provides the subscription and rental service to the user” (emphasis added). Appropriate correction is required.
Claim 1 further recites “a provided service selection unit that selects a desired subscription and rental service from at least one available toll-free subscription and rental services” and “a provided service determination unit that determines an available toll-free subscription and rental service based on the deposit points and the deposit period in a case when receiving the deposit points and the deposit period from the terminal device via the communication unit” (emphasis added). In light of Applicant’s specification and based on the rest of the claim limitations, it appears that the “available toll-free subscription and rental services” are determined by the business operator server and presented to the user via the user device. However, it is unclear how many toll-free subscription and rental services are presented to the user because the number of toll-free subscription and rental services (i.e. “at least one available” vs. “an available”) conflict. It is therefore unclear if more than one available toll-free subscription and rental service can be determined and presented to a user or if the claims are only limited to one available toll-free subscription and rental service. For the purposes of examination, the claim is interpreted to read, “a provided service determination unit that determines the at least one available toll-free subscription and rental service based on the deposit points and the deposit period in a case when receiving the deposit points and the deposit period from the terminal device via the communication unit” (emphasis added). Appropriate correction is required. Examiner notes that there are three mentions of subscription and rental services (i.e., “a toll-free subscription and rental service”, “a subscription and rental service”, and “a desired subscription and rental service”) in the claims and it would further help clarify the claims if each instance of a subscription and rental service was better distinguished.
Claims 5 and 13-15 recite “wherein the rental service includes a digital content distribution service and a rental service such as movable and immovable properties” (emphasis added). The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination, the claims are interpreted to read “wherein the rental service includes a digital content distribution service and a rental service that includes movable and immovable properties” (emphasis added). Appropriate correction is required.
Claim 17 recites “managing a period of the subscription and rental service, which is used by the user of the terminal device” (emphasis added). There is insufficient antecedent basis for this limitation in the claim. Specifically, there is no antecedent basis for “the subscription and rental service”. Claim 17 previously recites a “a toll-free subscription and rental service” and “an available toll-free subscription and rental service”. However, it is unclear which of these “the subscription and rental service” refers to. For the purposes of examination, the claim is interpreted to read “managing a period of the toll-free subscription and rental service, which is used by the user of the terminal device” (emphasis added). Appropriate correction is required.
Claims 2-5 and 10-15 are rejected by virtue of dependency on claim 1.
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 1-5 and 10-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Independent Claims
MPEP 2106 Step 2A- Prong 1:
Independent claim 1 recites, a user who receives a subscription and rental service; and
a business operator who provides the subscription and rental service to the user for free,
transmits and receives data with the business operator;
purchases points to be used when receiving the subscription and rental service;
determines deposit points to be deposited to the business operator, which provides the subscription and rental service based on a total points purchased;
designates the deposit period for depositing the deposit points; and
selects a desired subscription and rental service from at least one available toll-free subscription and rental services, which have been determined based on the deposit points and the deposit period,
stores deposit points;
determines an available toll-free subscription and rental service based on the deposit points and the deposit period in a case when receiving the deposit points and the deposit period;
manages the period of the subscription and rental service,
memorizes user information to which the subscription and rental service is provided.
Independent claim 16 recites, a user who receives a toll-free subscription and rental service;
transmitting and receiving data with a business operator that provides the subscription and rental service;
purchasing points to be used when receiving the subscription and rental service;
determining deposit points to be deposited to the business operator, which provides the rental service based on a total points purchased via the point purchasing step;
designating a deposit period for depositing the deposit points; and
selecting a desired subscription and rental service from at least one available toll- free subscription and rental services, which have been determined based on the deposit points and the deposit period.
Independent claim 17 recites, providing a toll-free subscription and rental service to a user;
storing deposit points;
determining an available toll-free subscription and rental service based on the deposit points and a deposit period, in a case when receiving the deposit points and the deposit period;
managing a period of the subscription and rental service, which is used by the user; and
memorizing user information to which the subscription and rental service is provided.
The limitations above are processes that under broadest reasonable interpretation cover “certain methods of organizing human activity” (including sales activities or behaviors, or business relations). Specifically, providing a point-based subscription and rental service is establishing business relationships and performing sales activities (see MPEP 2106.04(a)(2)(II)).
Additionally, the limitations include mental processes (including an observation, evaluation, judgment, or opinion) because they can be performed in the human mind, or by a human using pen and paper. Specifically, claims to track and manage points and determine available services based on points can all be practically performed in the human mind, or by a human using pen and paper (see MPEP 2106.04(a)(2)(III)).
MPEP 2106 Step 2A- Prong 2:
The judicial exceptions are not integrated into a practical application. Claims 1, 16, and 17 as a whole amount to: merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, or “apply it”.
Independent claims 1, 16, and 17 recite the following additional elements to perform the above recited steps: a terminal device (claims 1, 16, and 17), business operator server (claim 1 and 16), a network (claim 1 and 17), a transmitting/receiving unit (claim 1), a point purchasing unit (claim 1), a deposit point determination unit (claim 1), a deposit period designation unit (claim 1), a provided service selection unit (claim 1), a communication unit (claim 1), a deposit point storage unit a provided service determination unit (claim 1), a period management unit (claim 1), a memory unit (claim 1), a non-transitory computer-readable storage medium (claim 16), at least one hardware processor (claims 16 and 17), a device comprising at least one hardware processor (claim 17), and memory (claim 17). These additional elements are generic computer components performing generic computer functions at a high level of generality, and are recited at a high level of generality. As such, the additional elements amount to no more than mere instructions to apply the exception using a generic computer component.
Individually and as a whole, these additional elements do not integrate the judicial exceptions into a practical application because the claims do not: improve the functioning of the computer itself or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; effect a transformation or reduction of a particular article to a different state or thing; add meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment to transform the judicial exception into patent-eligible subject matter; amount to more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer.
MPEP 2106 Step 2B:
Independent claims 1, 16, and 17 do not include additional elements that are sufficient to amount to significantly more (also known as an “inventive concept”) than the judicial exception. As discussed above, the additional elements are generic computer components performing generic computer functions at a high level of generality. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Alone or in combination, the additional elements do not contribute significantly more than the judicial exception and as a result, the claims are ineligible.
Dependent Claims
Dependent claims 2-4 and 10-12 recite additional details that merely narrow the previously recited abstract idea limitations without reciting any additional elements. They are therefore, ineligible for the reasons as discussed above with respect to independent claims 1, 16, and 17. The additional elements in claims 5 and 13-15 are discussed below.
MPEP 2106 Step 2A- Prong 2:
Dependent claims 5 and 13-15, recite additional details that merely narrow the previously recited abstract idea. Claims 5 and 13-15 also recite the additional element of a digital content distribution service. This additional element is recited at a high level of generality such that when viewed as a whole, the additional element does no more than generally link the use of the judicial exception to a particular technological environment or field of use (i.e., renting digital content) (see MPEP 2106.05(h)).
MPEP 2106 Step 2B:
With respect to claims 5 and 13-15, as discussed above with respect to Step 2A Prong Two, the additional element amounts to no more than: generally linking the use of a judicial exception to a particular technological environment or field of use, and is not a practical application of the abstract idea. The same analysis applies here in Step 2B, i.e., (i) generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)), does not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B.
Therefore, the additional elements of a digital content distribution service, does not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. Thus, claims 5 and 13-15 are also ineligible.
Claim Rejections - 35 USC § 102
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.
Claims 17 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by U.S. Patent Publication No. 2017/0064398 to Ventrapragada et al. (Ventrapragada).
As to claim 17, Ventrapragada teaches, a device comprising at least one hardware processor managed by a business operator (“… Systems and/or methods, described herein, may provide a VOD platform that enables VOD content to be purchased or rented using points associated with a loyalty program offered by the VOD platform, rather than or in addition to a monetary fee …” [0011-0018]);
and memory having program instructions stored thereon that, when executed by the at least one hardware processor, direct the device to perform a method comprising (“… Software instructions may be read into memory 330 and/or storage component 340 from another computer-readable medium or from another device via communication interface 370. When executed, software instructions stored in memory 330 and/or storage component 340 may cause processor 320 to perform one or more processes described herein …” [0025-0026]):
providing a toll-free subscription and rental service to a user, while connecting with a terminal device via a network (“… Systems and/or methods, described herein, may provide a VOD platform that enables VOD content to be purchased or rented using points associated with a loyalty program offered by the VOD platform, rather than or in addition to a monetary fee …” [0011-0018]);
communicating with the terminal device (“FIG. 2 is a diagram of an example environment 200 in which systems and/or methods, described herein, may be implemented. As illustrated, environment 200 may include a user device 210, a VOD platform 220, and a network 230 …” [0015-0017]);
storing deposit points deposited from the terminal device during communication with the terminal device (“… The updated points information may indicate that the user redeemed 499 points for the rental of Movie #3, and that the user's loyalty program account has a balance of 22,207 points” and “… In some implementations, the information associated with the updated points may include a current points balance, an earned points balance, a redeemed points balance, a lifetime points balance, or the like …” [0013 and 0044]);
determining an available toll-free subscription and rental service based on the deposit points and a deposit period, in a case when receiving the deposit points and the deposit period from the terminal device when communicating with the terminal device (“… As shown in FIG. 1B, based on the selected purchase and rental option, the VOD platform may provide rental options to the user device, and the user device may display the rental options to the user …” and “As further shown in FIG. 4, process 400 may include providing, to the user device, points-based purchase and rental options for the selected VOD (block 430) …” [0012-0013 and 0033-0037]);
managing a period of the subscription and rental service, which is used by the user of the terminal device (“… In some implementations, if the selected points-based option is a rental option for particular VOD content, VOD platform 220 may provide the particular VOD content to user device 210 for a particular rental time period (e.g., in hours, days, or the like) …” and “… providing the content for the selected video on demand, to the user device, for a rental time period” [0039 and claim 4]);
and memorizing user information to which the subscription and rental service is provided (“… In some implementations, the information associated with the updated points may include a current points balance, an earned points balance, a redeemed points balance, a lifetime points balance, or the like …” and “… As shown, user interface 710 may include a number of currently available points for the user (e.g., 15,000); a number of lifetime points received by the user (e.g., 88,000); an indication of when the user became a member of the loyalty program (e.g., Mar. 21, 2015); an indication of when the user last utilized the loyalty program (e.g., Jul. 7, 2015); a rewards history section that includes the user's earned points and the user's redeemed points; and a earn points section that describes ways for the user to earn additional points (e.g., by enrolling in automatic bill payment, by enrolling in paper-free billing, by purchasing or renting on demand content, or the like) …” [0044 and 0055]).
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 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, 3, 4, 12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2017/0064398 to Ventrapragada et al. (Ventrapragada) in view of U.S. Patent Publication No. 2002/0002538 to Ling (Ling).
As to claim 1, Ventrapragada teaches a terminal device that is associated with a user who receives a subscription and rental service (“… As shown in FIG. 1A, assume that a user device (e.g., a laptop computer, a notebook computer, or the like) receives, from a VOD platform, information associated with VOD content (e.g., a listing of movies) offered by a VOD content provider, and displays the information to a user of the user device …” [0011-0013]);
and a business operator server that is connected to the terminal device via network and is managed by a business operator who provides the subscription and rental service to the user for free (“… Systems and/or methods, described herein, may provide a VOD platform that enables VOD content to be purchased or rented using points associated with a loyalty program offered by the VOD platform, rather than or in addition to a monetary fee …” [0011-0018]);
wherein the terminal device comprises: a transmitting/receiving unit that transmits and receives data with the business operator server (“User device 210 may include a device that is capable of communicating over network 230 with VOD platform 220 …” [0016-0017]);
a deposit point determination unit that determines deposit points to be deposited to the business operator, which provides the subscription and rental service based on a total points (“In one example, assume that the user utilizes user device 210 to select a movie as the selected VOD content, and to purchase the movie in a standard definition format for 399 points …” [0040-0043]);
a deposit period designation unit that designates the deposit period for depositing the deposit points (“… In some implementations, if the selected points-based option is a rental option for particular VOD content, VOD platform 220 may provide the particular VOD content to user device 210 for a particular rental time period (e.g., in hours, days, or the like) …” and “… providing the content for the selected video on demand, to the user device, for a rental time period” [0039 and claim 4] Examiner notes that, per paragraph [0037] of Applicant’s specification, “deposit period” is interpreted to include a rental time period);
and a provided service selection unit that selects a desired subscription and rental service from at least one available toll-free subscription and rental services, which have been determined based on the deposit points and the deposit period (“… As shown in FIG. 1B, based on the selected purchase and rental option, the VOD platform may provide rental options to the user device, and the user device may display the rental options to the user …” and “As further shown in FIG. 4, process 400 may include providing, to the user device, points-based purchase and rental options for the selected VOD (block 430) …” [0012-0013 and 0033-0037]),
wherein the business operator server comprises: a communication unit that communicates with the terminal device (“FIG. 2 is a diagram of an example environment 200 in which systems and/or methods, described herein, may be implemented. As illustrated, environment 200 may include a user device 210, a VOD platform 220, and a network 230 …” [0015-0017]);
a deposit point storage unit that stores deposit points deposited from the terminal device via the communication unit (“… The updated points information may indicate that the user redeemed 499 points for the rental of Movie #3, and that the user's loyalty program account has a balance of 22,207 points” and “… In some implementations, the information associated with the updated points may include a current points balance, an earned points balance, a redeemed points balance, a lifetime points balance, or the like …” [0013 and 0044]);
a provided service determination unit that determines an available toll-free subscription and rental service based on the deposit points and the deposit period in a case when receiving the deposit points and the deposit period from the terminal device via the communication unit (“… As shown in FIG. 1B, based on the selected purchase and rental option, the VOD platform may provide rental options to the user device, and the user device may display the rental options to the user …” and “As further shown in FIG. 4, process 400 may include providing, to the user device, points-based purchase and rental options for the selected VOD (block 430) …” [0012-0013 and 0033-0037]);
a period management unit that manages the period of the subscription and rental service, which is used by the user of the terminal device (“… In some implementations, if the selected points-based option is a rental option for particular VOD content, VOD platform 220 may provide the particular VOD content to user device 210 for a particular rental time period (e.g., in hours, days, or the like) …” and “… providing the content for the selected video on demand, to the user device, for a rental time period” [0039 and claim 4]);
and a memory unit that memorizes user information to which the subscription and rental service is provided (“… In some implementations, the information associated with the updated points may include a current points balance, an earned points balance, a redeemed points balance, a lifetime points balance, or the like …” and “… As shown, user interface 710 may include a number of currently available points for the user (e.g., 15,000); a number of lifetime points received by the user (e.g., 88,000); an indication of when the user became a member of the loyalty program (e.g., Mar. 21, 2015); an indication of when the user last utilized the loyalty program (e.g., Jul. 7, 2015); a rewards history section that includes the user's earned points and the user's redeemed points; and a earn points section that describes ways for the user to earn additional points (e.g., by enrolling in automatic bill payment, by enrolling in paper-free billing, by purchasing or renting on demand content, or the like) …” [0044 and 0055]).
Ventrapragada does not teach, a point purchasing unit that purchases points to be used when receiving the subscription and rental service. However, Ling teaches, a point purchasing unit that purchases points to be used when receiving the subscription and rental service (“… Otherwise, the user is given an opportunity to purchase additional tokens to cover the price of the products and services he desires” and “The methods and system of the present invention do not require that any payment be made using the user's credit card. Of course, the user has the option of using a credit card to purchase tokens using the on-line method, but may avoid use of a credit card by using the off-line method for purchasing tokens …” [0028 and 0066]);
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to include, a point purchasing unit that purchases points to be used when receiving the subscription and rental service, as taught by Ling with the subscription and rental service system of Ventrapragada. Motivation to do so comes from the teachings of Ling that doing so would provide electronic currency or tokens that may be issued and used with minimal overhead as well as give a vendor complete control over the sale and distribution of electronic currency or tokens that may be used to purchase products and services from that vendor [0023-0024].
As to claim 3, Ventrapragada in view of Ling teaches all of the limitations of claim 1 as discussed above. Ventrapragada further teaches, wherein the memory unit memorizes information relating to (“… In some implementations, if the selected points-based option is a rental option for particular VOD content, VOD platform 220 may provide the particular VOD content to user device 210 for a particular rental time period (e.g., in hours, days, or the like), for a particular number of views (e.g., one view, two views, or the like), or the like …” and “… In some implementations, the information associated with the updated points may include a current points balance, an earned points balance, a redeemed points balance, a lifetime points balance, or the like …” [0039 and 0044]).
Ventrapragada does not teach, wherein the memory unit memorizes information relating to name, password of each user who uses the toll-free subscription and rental service. However, Ling teaches, wherein the memory unit memorizes information relating to name, password of each user who uses the toll-free subscription and rental service (“User database 46 contains information on each user of the vendor's Web site, including the user's name or other identifying information, account number, and any personal information on the user …” and “If the user already has an account, at step 304, he enters his account ID, preferably a user name or account number, and may be prompted by server computer 20 for further identifying information, such as a password, PIN, or other personal information …” [0075 and 0110]).
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to include, wherein the memory unit memorizes information relating to name, password of each user who uses the toll-free subscription and rental service, as taught by Ling with the subscription and rental service system of Ventrapragada. Motivation to do so comes from the teachings of Ling that doing so would provide electronic currency or tokens that may be issued and used with minimal overhead as well as give a vendor complete control over the sale and distribution of electronic currency or tokens that may be used to purchase products and services from that vendor [0023-0024].
As to claim 4 and 12, Ventrapragada in view of Ling teaches all of the limitations of claim 1 and 3 as discussed above. Ventrapragada further teaches, wherein the deposit point is a point or virtual currency that is provided by the business operator to the user of the terminal device (“… The systems and/or methods may award points based on specific customer behavior, may increase customer satisfaction, and may encourage customers to purchase or rent VOD content” and “… The systems and/or methods may reward customer loyalty with the points, and may enable a VOD content provider to retain customers …” [0014 and 0059]).
As to claim 16, Ventrapragada teaches non-transitory computer-readable storage medium having program instructions thereon that, when executed by at least one hardware processor of a terminal device associated with a user who receives a toll-free subscription and rental service, direct the terminal device to perform a method comprising (“… Systems and/or methods, described herein, may provide a VOD platform that enables VOD content to be purchased or rented using points associated with a loyalty program offered by the VOD platform, rather than for a monetary fee …” and “… Device 300 may perform these processes in response to processor 320 executing software instructions stored by a computer-readable medium, such as memory 330 and/or storage component 340 …” [0010-0011 and 0025]):
transmitting and receiving data with a business operator server that provides the subscription and rental service (“User device 210 may include a device that is capable of communicating over network 230 with VOD platform 220 …” [0016-0017]);
determining deposit points to be deposited to the business operator, which provides the rental service based on a total points (“In one example, assume that the user utilizes user device 210 to select a movie as the selected VOD content, and to purchase the movie in a standard definition format for 399 points …” [0040-0043]);
designating a deposit period for depositing the deposit points (“… In some implementations, if the selected points-based option is a rental option for particular VOD content, VOD platform 220 may provide the particular VOD content to user device 210 for a particular rental time period (e.g., in hours, days, or the like) …” and “… providing the content for the selected video on demand, to the user device, for a rental time period” [0039 and claim 4]);
and selecting a desired subscription and rental service from at least one available toll- free subscription and rental services, which have been determined based on the deposit points and the deposit period (“… As shown in FIG. 1B, based on the selected purchase and rental option, the VOD platform may provide rental options to the user device, and the user device may display the rental options to the user …” and “As further shown in FIG. 4, process 400 may include providing, to the user device, points-based purchase and rental options for the selected VOD (block 430) …” [0012-0013 and 0033-0037]).
Ventrapragada does not teach, purchasing points to be used when receiving the subscription and rental service. However, Ling teaches, purchasing points to be used when receiving the subscription and rental service (“… Otherwise, the user is given an opportunity to purchase additional tokens to cover the price of the products and services he desires” and “The methods and system of the present invention do not require that any payment be made using the user's credit card. Of course, the user has the option of using a credit card to purchase tokens using the on-line method, but may avoid use of a credit card by using the off-line method for purchasing tokens …” [0028 and 0066]);
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to include, purchasing points to be used when receiving the subscription and rental service, as taught by Ling with the subscription and rental service system of Ventrapragada. Motivation to do so comes from the teachings of Ling that doing so would provide electronic currency or tokens that may be issued and used with minimal overhead as well as give a vendor complete control over the sale and distribution of electronic currency or tokens that may be used to purchase products and services from that vendor [0023-0024].
Claims 2, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2017/0064398 to Ventrapragada et al. (Ventrapragada) in view of U.S. Patent Publication No. 2002/0002538 to Ling (Ling), as applied to claim 1 above, and in further view of Korean Patent Publication No. KR 20180011539 A to Lee (Lee).
As to claim 2, Ventrapragada in view of Ling teaches all of the limitations of claim 1 as discussed above. Ventrapragada in view of Ling does not teach, wherein the period management unit returns the deposit points, which correspond to the user and have been deposited in the deposit point storage unit, to the terminal device, in a case when the period of the subscription and rental service used by the user has ended. However, Lee teaches, wherein the period management unit returns the deposit points, which correspond to the user and have been deposited in the deposit point storage unit, to the terminal device, in a case when the period of the (“… When a user redeems a precious metal purchased through the present system, the user can refund the points used for the purchase …” and “… The contract purchase price setting unit 2110 sets a purchase purchase price for each precious metal sold, wherein the purchase purchase price refers to a refund point guaranteed when the user makes a compensation exchange after purchase. That is, when a user pays 100,000 points for a particular necklace, purchases and uses the necklace, and then returns the necklace for compensation exchange, the purchaser refunds the purchase price set for the necklace to the user at the time of purchase …” [0042 and 0051-0060]).
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to include, wherein the period management unit returns the deposit points, which correspond to the user and have been deposited in the deposit point storage unit, to the terminal device, in a case when the period of the
While Lee teaches the period of the service, Lee does not teach the subscription and rental service. However, Ventrapragada teaches, the subscription and rental service (“Systems and/or methods, described herein, may provide a VOD platform that enables VOD content to be purchased or rented using points associated with a loyalty program offered by the VOD platform, rather than for a monetary fee …” [0011]). Since each individual element and its function are shown in the art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself—that is in the substitution of the package status of out for delivery of Ventrapragada for the package status of Lee. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious. Motivation to do so comes from the teachings of Ventrapragada that doing so would encourage, loyal buying behavior that may be beneficial to an entity [0001].
As to claim 10, Ventrapragada in view of Ling and in further view of Lee teaches all of the limitations of claim 2 as discussed above. Ventrapragada further teaches, wherein the memory unit memorizes information relating to (“… In some implementations, if the selected points-based option is a rental option for particular VOD content, VOD platform 220 may provide the particular VOD content to user device 210 for a particular rental time period (e.g., in hours, days, or the like), for a particular number of views (e.g., one view, two views, or the like), or the like …” and “… In some implementations, the information associated with the updated points may include a current points balance, an earned points balance, a redeemed points balance, a lifetime points balance, or the like …” [0039 and 0044]).
Ventrapragada does not teach, wherein the memory unit memorizes information relating to name, password of each user who uses the toll-free subscription and rental service. However, Ling teaches, wherein the memory unit memorizes information relating to name, password of each user who uses the toll-free subscription and rental service (“User database 46 contains information on each user of the vendor's Web site, including the user's name or other identifying information, account number, and any personal information on the user …” and “If the user already has an account, at step 304, he enters his account ID, preferably a user name or account number, and may be prompted by server computer 20 for further identifying information, such as a password, PIN, or other personal information …” [0075 and 0110]).
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to include, wherein the memory unit memorizes information relating to name, password of each user who uses the toll-free subscription and rental service, as taught by Ling with the subscription and rental service system of Ventrapragada. Motivation to do so comes from the teachings of Ling that doing so would provide electronic currency or tokens that may be issued and used with minimal overhead as well as give a vendor complete control over the sale and distribution of electronic currency or tokens that may be used to purchase products and services from that vendor [0023-0024].
As to claim 11, Ventrapragada in view of Ling and in further view of Lee teaches all of the limitations of claim 2 as discussed above. Ventrapragada further teaches, wherein the deposit point is a point or virtual currency that is provided by the business operator to the user of the terminal device (“… The systems and/or methods may award points based on specific customer behavior, may increase customer satisfaction, and may encourage customers to purchase or rent VOD content” and “… The systems and/or methods may reward customer loyalty with the points, and may enable a VOD content provider to retain customers …” [0014 and 0059]).
Claims 5, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2017/0064398 to Ventrapragada et al. (Ventrapragada) in view of U.S. Patent Publication No. 2002/0002538 to Ling (Ling), as applied to claim 1 above, and in further view of NPL “How to use Marriott points (they’re useful for much more than just free hotel stays)” by Joseph Hostetler (Hostetler).
As to claims 5, 14, and 15, Ventrapragada in view of Ling teaches all of the limitations of claim 1, 3, and 4 as discussed above. Ventrapragada further teaches, wherein the rental service includes a digital content distribution service (“… Systems and/or methods, described herein, may provide a VOD platform that enables VOD content to be purchased or rented using points associated with a loyalty program offered by the VOD platform, rather than for a monetary fee …” [0010-0011]);
and wherein the subscription service includes an offering of a designated service or designated consumer goods in exchange for paying a fixed amount at a fixed interval (“… The $1.99 charge may be included the user's periodic (e.g., monthly) bill and may be added to other charges incurred by the user for a particular month. VOD platform 220 may generate the monthly bill, and provide the monthly bill to the user (e.g., electronically or via paper billing)” [0053]).
Ventrapragada in view of Ling does not teach, wherein the rental service includes a rental service such as movable and immovable properties. However, Hostetler teaches, wherein the rental service includes a rental service such as movable and immovable properties (Examiner particularly notes p. 2 and 5, which teaches redeeming points for hotel stays (i.e., immovable properties) and car rentals (i.e., movable properties)).
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to include, wherein the rental service includes a rental service such as movable and immovable properties, as taught by Hostetler with the subscription and rental service system of Ventrapragada in view of Ling. One having ordinary skill in the art would be motivated to do so for the benefit of more flexibility in using points.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2017/0064398 to Ventrapragada et al. (Ventrapragada) in view of U.S. Patent Publication No. 2002/0002538 to Ling (Ling) in further view of Korean Patent Publication No. KR 20180011539 A to Lee (Lee), as applied to claim 2 above, and in further view of NPL “How to use Marriott points (they’re useful for much more than just free hotel stays)” by Joseph Hostetler (Hostetler).
As to claims 13, Ventrapragada in view of Ling and in further view of Lee teaches all of the limitations of claim 2 as discussed above. Ventrapragada further teaches, wherein the rental service includes a digital content distribution service (“… Systems and/or methods, described herein, may provide a VOD platform that enables VOD content to be purchased or rented using points associated with a loyalty program offered by the VOD platform, rather than for a monetary fee …” [0010-0011]);
and wherein the subscription service includes an offering of a designated service or designated consumer goods in exchange for paying a fixed amount at a fixed interval (“… The $1.99 charge may be included the user's periodic (e.g., monthly) bill and may be added to other charges incurred by the user for a particular month. VOD platform 220 may generate the monthly bill, and provide the monthly bill to the user (e.g., electronically or via paper billing)” [0053]).
Ventrapragada in view of Ling does not teach, wherein the rental service includes a rental service such as movable and immovable properties. However, Hostetler teaches, wherein the rental service includes a rental service such as movable and immovable properties (Examiner particularly notes p. 2 and 5, which teaches redeeming points for hotel stays (i.e., immovable properties) and car rentals (i.e., movable properties)).
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to include, wherein the rental service includes a rental service such as movable and immovable properties, as taught by Hostetler with the subscription and rental service system of Ventrapragada in view of Ling. One having ordinary skill in the art would be motivated to do so for the benefit of more flexibility in using points.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Patent Publication No. 2022/0405832 to Chao et al. (Chao) teaches, an integrated system is designed to provide the user with a streamlined process for rentals and also the option to purchase Products after providing information on both options all in one online platform. The system also offers membership point system that can be redeemed for rentals or purchases, as well as rental extensions.
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/S.S.W./Examiner, Art Unit 3628
/RUPANGINI SINGH/Primary Examiner, Art Unit 3628