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 .
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 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception. The claims will be analyzed with respect to the Subject Matter Eligibility Test at MPEP§2106.
Subject Matter Eligibility – Step 1 (see MPEP§2106.03)
The claims recite one of the four statutory categories of subject matter.
Subject Matter Eligibility – Step 2A Prong 1 (see MPEP§2106.04(a-c))
The claims recite abstract ideas in the following categories;
Methods of organizing human activity such as fundamental economic principles or practices (including hedging, insurance, mitigating risk) see specifically ii. rules for conducting a wagering game, In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016); (MPEP§2106.04(a)(2)II) (hereinafter “MOHA”).
The abstract ideas have been noted in the claims below.
Regarding claim 1, a business path portal configured to allow control of a business experience management sub-system and comprising a business path portal user interface (MOHA – see commerce and advertisement activity); a gaming user interface configured to allow user interaction with AR/VR experiences managed via the business path portal, the gaming user interface being a software based user interface configured as one of a mobile application user experience, a VR headset application user experience, or a CPU application user experience (MOHA – see commerce and advertisement activity and gaming elements), the gaming user interface configured to provide information on one or more of AR/VR games, advertisements, experiences, and 3D objects (MOHA – see commerce and advertisement activity); a location information sub-system configured to present a GPS map via the gaming user interface, the GPS map displaying locations of one or more location-based AR experiences, games, advertising, 3D objects, and events (MOHA – see commerce and advertisement activity); a consumer path portal configured to allow access to the AR/VR experiences, and receive one or more user inputs to locate, view, interact, and transact with the location-based AR/VR experiences (MOHA – see commerce and advertisement activity); a prize management system configured to allow management of incentive prizes, including using user behavioral data and algorithms to determine possible rewards, wherein the rewards comprise one of physical rewards and virtual rewards (MOHA – see commerce and advertisement activity and gaming rewards); and a tracking component configured to track user data and provide behavioral analytics (MOHA – see commerce and advertisement activity).
Regarding claims 2-9, these claims recite similar abstract ideas as noted above regarding claim 1.
Subject Matter Eligibility – Step 2A Prong 2 (see MPEP§2106.04(d))
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are generic computer hardware; insignificant extra solution activity such as collecting information, analyzing it, and displaying certain results of the collection and analysis to data; and the use of software to tailor information and provide it to the user on a generic computer. These additional elements individually and in combination provide for limitations that do not integrate the judicial exception into a practical application. These additional elements (1) add “insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g)” (MPEP§2106.04(d)I) and (2) generally link “the use of a judicial exception to a particular technological environment or field of use, as discussed in MPEP § 2106.05(h).” (MPEP§2106.04(d)I).
These additional elements individually and in combination are not limitations that provide for “improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);” (MPEP§2106.04(d)I) apply or use the “judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, as discussed in MPEP § 2106.04(d)(2);” (MPEP§2106.04(d)I) implement the “judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, as discussed in MPEP § 2106.05(b);” (MPEP§2106.04(d)I) effect “a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP § 2106.05(c);” (MPEP§2106.04(d)I) or apply or use “the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP § 2106.05(e).” (MPEP§2106.04(d)I). As such the claims as a whole do not integrate the judicial exception into a practical application.
Subject Matter Eligibility – Step 2B (see MPEP§2106.05)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are well-understood, routine and conventional generic computer hardware and insignificant extra solution activity (see MPEP§2106.05). The claimed additional elements with citations indicating their well-understood, routine and conventional nature are provided below.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. 2019/0108682 by Spivack.
Regarding claim 1, Spivack discloses a gaming and incentive system, comprising: a processor; and a computer-readable medium storing non-transitory instructions that are operative upon execution by the processor to operate (para. 68-84 – see hardware for execution): a business path portal configured to allow control of a business experience management sub-system and comprising a business path portal user interface (para. 65-72 – see merchant/business portal); a gaming user interface configured to allow user interaction with AR/VR experiences managed via the business path portal, the gaming user interface being a software based user interface configured as one of a mobile application user experience, a VR headset application user experience, or a CPU application user experience, the gaming user interface configured to provide information on one or more of AR/VR games, advertisements, experiences, and 3D objects (para. 86-99 – see AR world and map view); a location information sub-system configured to present a GPS map via the gaming user interface, the GPS map displaying locations of one or more location-based AR experiences, games, advertising, 3D objects, and events (para. 86-99 – see AR map view and fig. 2E); a consumer path portal configured to allow access to the AR/VR experiences, and receive one or more user inputs to locate, view, interact, and transact with the location-based AR/VR experiences (para. 86-99 – see location and instructions for the virtual map/world to the business); a prize management system configured to allow management of incentive prizes, including using user behavioral data and algorithms to determine possible rewards, wherein the rewards comprise one of physical rewards and virtual rewards (para. 549-558 – see prizes); and a tracking component configured to track user data and provide behavioral analytics (para. 85-90 – see analytics).
Regarding claim 2, Spivack discloses the gaming and incentive system of claim 1, wherein the non-transitory instructions are further operative upon execution by the processor to generate one or more of advertising content or promotional content displayed within an AR/VR gaming environment implementing the AR/VR experiences (para. 85-99, 191; fig. 2E – see promotions).
Regarding claim 3, Spivack discloses the gaming and incentive system of claim 2, wherein the non-transitory instructions are further operative upon execution by the processor to display the advertising content or promotional content in a leased AR space within the AR/VR gaming environment (para. 85-99, 191; fig. 2E – see promotions).
Regarding claim 4, Spivack discloses the gaming and incentive system of claim 1, wherein the non-transitory instructions are further operative upon execution by the processor to access and/or download an application and create a user account (para. 396-398 – see user accounts).
Regarding claim 5, Spivack discloses the gaming and incentive system of claim 1, wherein the non-transitory instructions are further operative upon execution by the processor to present an integrated map feature that displays a location of the user along with a plurality of points of interest and details and/or relevance of each point of interest (para. 85-99, 191; fig. 2E – see map and points of interest and VOB interaction).
Regarding claim 6, Spivack discloses the gaming and incentive system of claim 1, wherein the non-transitory instructions are further operative upon execution by the processor to initiate an AR camera feature operable with a camera of a mobile device of the user to view and interact with one or more of content, games, or experiences overlaid onto a live image displayed on the mobile device (para. 409-426 – see camera interactions).
Regarding claim 7, Spivack discloses the gaming and incentive system of claim 1, wherein the non-transitory instructions are further operative upon execution by the processor to receive one or more user inputs via an account management component to change personal information used to identify the user (para. 396-398 – see user accounts).
Regarding claim 8, Spivack discloses the gaming and incentive system of claim 1, wherein the non-transitory instructions are further operative upon execution by the processor to cause the gaming user interface to generate a gamified user interface configured to incentivize the user to visit one or more physical or virtual locations (para. 121-123 – see directions).
Regarding claim 9, Spivack discloses the gaming and incentive system of claim 1, wherein the non-transitory instructions are further operative upon execution by the processor to integrate advertising and promotional opportunities into the gaming user interface (para. 85-99, 191; fig. 2E – see promotions and interface).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715
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