DETAILED ACTION
This action is in response to a filing filed on September 27th, 2024. Claims 1-15 have been examined in this application. The Information Disclosure Statement (IDS) filed on September 27th, 2024 has been acknowledged.
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 1-15 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.
Step 1: Claims 1-8 is/are drawn to apparatus (i.e., a manufacture), claims 9 is/are drawn to method (i.e., a process), and claims 10-15 is/are drawn to system (i.e., a manufacture). (Step 1: YES).
Step 2A - Prong One: In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Claim 1: An apparatus comprising circuitry configured to:
identify a user;
detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue;
and provide a virtual item usable in a virtual space to the user who has received the article.
(Examiner notes: The underlined claim terms above are interpreted as additional elements beyond the abstract idea and are further analyzed under Step 2A - Prong Two)
Under their broadest reasonable interpretation, the independent claims is/are directed to the abstract idea of organizing and managing interactions between users, purchased items, and corresponding digital representations using information processing. In particular, the claims recite identifying a user, associating user information with purchase or event participation data, determining that an item has been provided to the user, and providing or registering a corresponding virtual item, including ownership information, in a virtual or digital environment. These steps reflect the collection, storage, analysis, and transmission of information to coordinate real-world transactions with digital content and ownership records, which constitutes a fundamental practice of organizing human activity and managing commercial interactions implemented using generic computer components. Such information organization and issuance represent a method of organizing human activity and processing data, which is in the abstract idea category, which the courts have repeatedly held to be abstract ideas. See Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014); Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350 (Fed. Cir. 2016). Thus, the claimed subject matter is directed to an abstract idea falling within the judicial exception category of “certain methods of organizing human activity”. From applicant’s specification, the claimed invention is implemented to “the item management server 30 identifies the article provided to the user by receiving the information transmitted by the article provision device 60 on the article provided to the user. The item management server 30 thus detects the handing over of the article. The item management server 30 updates the values of "user ID" and "whether handed over or not" in the record of the sold article in the individual physical item” (see 0252 of instant specification). The claims recite a method of organizing human activity, specifically organizing and managing interactions between users, purchased items, and corresponding digital representations using information processing, that is abstract idea of information processing concepts that courts have treated as an abstract idea under Alice/Mayo when implemented with generic computer components. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
The dependent claims are directed to variations of the abstract idea of collecting, verifying, and managing information associated with users, transactions, and corresponding digital representations in the context of an event or commercial interaction. The dependent claims 2-4 and 7, recite additional limitations for verifying ticket data, inspecting event access credentials, identifying users through biometric or terminal-based information, and retrieving purchase history, which merely refine how user and transaction information is confirmed and associated. Further the dependent claims 5-6 and 11-12, further recites identifying purchased articles using stored data or identifiers, settling payment, transmitting user and article information between system components, and displaying purchase-related information, which are routine data processing and information exchange functions. Further the dependent claim 8, recites registering ownership information for a virtual item using a non-fungible token, which constitutes recording and authenticating ownership data in a digital ledger. Lastly, the dependent claims 13–15 recites automating the provision of an article using a container, dispensing mechanism, and sensors, which are claimed in terms of their role in selecting, detecting, and recording information about dispensed articles rather than improving the operation of the hardware itself. Taken together, these dependent claims merely add conventional data verification, recordation, transmission, and presentation steps to the same underlying concept of organizing and managing real-world transactions and their digital counterparts, and therefore do not change the fundamental abstract character of the claims. None of the additional limitations recite a technological improvement to a computer or another technical field, nor do they effect a transformation beyond generic computer implementation. Accordingly, claims 1-15 are directed to an abstract idea under 35 U.S.C. §101, namely how information is collected, validated, stored, transmitted, or presented within same framework of coordinating real-world transactions with digital records and virtual representations, rather than to an improvement in computer technology itself. As such, the claims are directed to an abstract idea involving certain methods of organizing human activity and mental processes, which falls within a judicial exception under 35 U.S.C. §101.
Independent claim(s) 9-10 recite/describe nearly identical steps (and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis.
As such, the Examiner concludes that claims 1 recites an abstract idea (Step 2A – Prong One: YES).
Step 2A - Prong Two: In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “addition element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The requirement to execute the claimed steps/functions using an apparatus, provision apparatus, computer, sensor, etc. (Claims 1 and 9-10) is/are equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer.
Similarly, the limitations of using an apparatus, provision apparatus, computer, sensor, etc. (Claims 1 and 9-10, and dependent claims 2-8 and 11-15) are recited at a high level of generality and amount to no more than mere instructions to apply the exception using generic computer components. This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Further, the additional limitations beyond the abstract idea identified above, serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to computerized environments (e.g., identify, detect, provide, settle, read, transmit, accept, store, etc. steps performed by an apparatus, provision apparatus, computer, sensor, etc.). This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
The recited additional element(s) steps are directed to identifying a user, detecting that an article associated with an event has been provided to the user, and providing a corresponding virtual item using circuitry. These elements merely describe data gathering, data analysis, and data transmission steps that are ancillary to the abstract idea of organizing and managing commercial and event-based interactions and their digital representations. Likewise, the recited circuitry performs these steps in a generic manner, without specifying any particularized hardware structure, unconventional operation, or technological improvement, which constitutes insignificant extra-solution activity without adding any technical improvement (Independent Claims 1 and 9-10), additionally and/or alternatively simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application. (See MPEP 2106.05(g)).
Dependent claims 2-8 and 11-15 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e., they are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B: In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an "inventive concept." An "inventive concept" is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself. Alice Corp., 134 S. Ct. at 2355, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966).
As discussed above in “Step 2A – Prong 2”, the identified additional elements in independent Claims 1 and 9-10, and dependent claims 2-8 and 11-15 are equivalent to adding the words “apply it” on a generic computer, and/or generally link the use of the judicial exception to a particular technological environment or field of use. Therefore, the claims as a whole do not amount to significantly more than the judicial exception itself.
The recited additional element(s) of identifying a user, detecting that an article associated with an event has been provided to the user, and providing a corresponding virtual item using circuitry. These elements merely describe data gathering, data analysis, and data transmission steps that are ancillary to the abstract idea of organizing and managing commercial and event-based interactions and their digital representations (Independent Claims 1 and 9-10), additionally and/or alternatively simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea), i.e. these steps merely describe to identify, detect, provide, settle, read, transmit, accept, store, etc., which is similar to “Receiving or transmitting data over a network, e.g., using the Internet to gather data”, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information), “Storing and retrieving information in memory”, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93; “Presenting offers to potential customers and gathering statistics generated based on the testing about how potential customers responded to the offers; the statistics are then used to calculate an optimized price”, OIP Technologies, 788 F.3d at 1363, 115 USPQ2d at 1092-93, Determining an estimated outcome and setting a price, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93, is a well-understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here) (See MPEP 2106.05(d) (II)).
This conclusion is based on a factual determination. Applicant’s own disclosure at paragraph [0108-0113] acknowledges that “The processor 32 is a computer that implements the functions of the item management server 30 by executing programs stored in the storage device 31. The processor 32 is, for example, at least one of the following … input/output interface 33 is configured to obtain information (e.g., a user instruction) from an input device connected to the item management server 30 and to output information (e.g., an image) to an output device connected to the item management server 30”. This additional element therefore do not ensure the claim amounts to significantly more than the abstract idea.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer or/and append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, (e.g., mere data gathering, post-solution activity) and/or simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
The dependent claims 2-8 and 11-15 fail to include any additional elements. In other words, each of the limitations/elements recited in respective independent claims is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e., they are part of the abstract idea recited in each respective claim).
Specifically, claims 2-4 and 7 recite additional elements directed to verifying ticket data, inspecting access credentials, identifying users via biometric or terminal-based information, and retrieving purchase history. These limitations merely employ well-understood, routine, and conventional techniques for confirming identity and transaction eligibility, as commonly used in event access systems and point-of-sale environments, and therefore do not add an inventive concept. Claims 5-6 and 11-12 recites additional limitations for identifying purchased articles using stored identifiers, settling payment, transmitting user and article information between components, and displaying purchase-related information. These elements are implemented using generic computing and networking functionality and perform routine data collection, storage, transmission, and presentation tasks that are conventional in computerized transaction systems, and thus do not transform the abstract idea into a patent-eligible application. Claim 8 recites registering ownership information for a virtual item using a non-fungible token. This limitation merely applies a known blockchain/NFT technique to record ownership information for digital content and does not improve blockchain technology itself or effect a technological transformation; rather, it constitutes the routine use of a known technology to implement the abstract idea, which is insufficient to confer an inventive concept. Claims 13-15 recites automated dispensing of an article using a container, an ejection mechanism, and sensors configured to read information during dispensing, including short-range wireless sensing. These elements, as claimed, rely on conventional vending and sensing components performing their ordinary functions of dispensing items and reading identifiers, and are not claimed as providing any unconventional operation or improvement to the underlying hardware. These limitations merely recite post-solution activity involving the presentation of information, which is a well-understood, routine, and conventional computer function, and do not amount to significantly more.
When viewed as an ordered combination, the additional elements of claims 2-8 and 11-15 merely instruct to implement the abstract idea using generic computer components to collect, store, represent, and display information. The claims do not recite any unconventional arrangement of elements, nor do they effect an improvement to computer functionality or another technical field and therefore fail to integrate the abstract concept into a practical application and it is recited at a high level of generality and does not integrate the judicial exception into a practical application.
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, claims 1-15 are not eligible subject matter under 35 USC 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status:
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
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 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 20210074102 (“Weston”) in view U.S. Pub. 20160042562 (“Haswell”).
As per claims 1, 9, and 10, Weston discloses, apparatus comprising circuitry configured to: identify a user (Examiner interprets capturing a facial image and determining a user’s identity based on stored facial feature information constitutes identifying a user) (“The event site apparatus is configured to capture an image of a user's face for identification. The system further includes a server configured to associate ticketing information with an identity of the user, receive the image of the user's face from the event site apparatus, determine the identity of the user based on facial feature information stored for the user, retrieve the ticketing information associated with the user, and transmit the ticketing information to the event site apparatus for presentation on the display”) (0024);
detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue (Examiner interprets detecting the user’s face at the time of an in-event purchase and processing payment at the event venue is interpreted as detecting that an article purchased by the user is handed over at the event venue) (“detecting the user's face with the event site device or a second event site device as the user is making an in-event purchase, and transmitting the user's payment information to an event venue's point of sale system based on detecting the user's face while the user is making an in-event purchase”) (0022).
Weston specifically doesn’t disclose, provide a virtual item usable in a virtual space to the user who has received the article, however Haswell discloses, and provide a virtual item usable in a virtual space to the user who has received the article (Examiner interprets displaying stored digital information within a virtual venue constitutes providing a virtual item usable in a virtual space) (“the virtual venue application can display the stored digital information within a virtual environment, where the virtual environment can be presented by one or more two- or three-dimensional screens displayed within a user interface. The virtual venue application can also allow users to locate other users, selectively establish a contact relationship, or connection, with other users, and share the stored digital information with other users. Thus, the virtual venue application can enable interaction between users in a virtual environment … A “store front” is a virtual venue type for collecting and displaying digital information associated with a store that sells one or more products, in a virtual environment. A “shopping mall” is a virtual venue type for collecting and displaying digital information associated with a collection of stores, in a virtual environment. A “document cache” is a virtual venue type for collecting and displaying digital information associated with one or more physical documents in a virtual environment which can limit who can view information and the time period in which it can be viewed. A “mixer room” is a virtual venue type for providing a virtual environment that facilitates interaction between one or more users. A “street fair” is a virtual venue type for collecting and displaying digital information associated with an outdoor fair, in a virtual environment. An “art gallery” is a virtual venue type for collecting and displaying digital information associated with one or more artworks, in a virtual environment. A “movie theater” is a virtual venue type for collecting and displaying digital information associated with one or more movies, in a virtual environment. An “observatory” is a virtual venue type for collecting and displaying digital information associated with one or more physical telescopes, in a virtual environment”) (0057-0060).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, provide a virtual item usable in a virtual space to the user who has received the article, as taught by Haswell for the purpose to provide specific individual functionality for creating and displaying a virtual representation of event-related content in virtual environment.
As per claims 2, Weston discloses, wherein the circuitry is configured to provide the virtual item to the user after confirming that the user has ticket data necessary for participating in the event (Examiner interprets verifying ticketing information and allowing event access constitutes confirming that the user has ticket data necessary for participating in the event) (“the ticketing information is transmitted to the event access device, and the event access device allows the user to enter an event venue based on verification of the ticketing information …”) (0023, 0064-0065).
As per claims 3, Weston discloses, wherein the circuitry is configured to provide the virtual item to the user after confirming that the user has the ticket data and that the ticket data has been inspected (Examiner interprets recognizing a ticketed user’s face and permitting transactions at the event venue constitutes inspection and confirmation of ticket data) (“FIG. 6, when an event site device 304 recognizes the face of a user, the point of sale component 310 can recall the user's account information which can contain stored payment information such as credit card information. The point of sale component 310 allows a recognized user with an account to automatically make payments for concessions, food, drink, souvenirs, etc. The point of sale component 310 can securely transmit the user's payment information to the event venue's point of sale system 600. In this way, event staff 400 may sell items (food, drink, souvenirs, etc.) to a ticketed user 402 and receive payment by detecting the ticketed user's 402 face with an event site device 304”) (0062).
As per claims 4, Weston discloses, wherein the circuitry is configured to identify the user by reading information on the user from a user terminal used by the user (Examiner interprets receiving facial image data via an event site device and correlating it to a stored identifier constitutes reading user information from a user terminal to identify the user) (“Once an acceptable electronic image of the user's face is received based on meeting the one or more standards, the facial electronic image is correlated with the personal identifier and stored on the server 102 as a global identifier 112. For example, the facial electronic image can be digitally linked to the personal identifier. In a particular embodiment, a portion of data related to the facial electronic image can be digitally linked to a portion of data related to the personal identifier to allow referencing or queried and identified. In certain embodiments, the user can purchase a ticket using the ticket broker component 106 and correlate the ticket with the user's global identifier 112”) (0046).
As per claims 5, Weston discloses, identify the article purchased by the user (Examiner interprets communicating ticketing information corresponding to purchased tickets constitutes identifying the article purchased by the user) (“user selects to receive facial recognition tickets, the ticket broker component 106 can communicate the ticketing information for the tickets that the user purchased or selected to the face association component 108.”) (0047).
Weston specifically doesn’t disclose, the certificate is acquired on the basis of the acquired certificate ID, and the acquired certificate is output to the user terminal, however Haswell discloses, and provide, to the user, a virtual item corresponding to the article purchased by the user (Examiner interprets displaying digital information associated with products or documents in a virtual venue constitutes providing a virtual item corresponding to a purchased article) (“the virtual venue application can display the stored digital information within a virtual environment, where the virtual environment can be presented by one or more two- or three-dimensional screens displayed within a user interface. The virtual venue application can also allow users to locate other users, selectively establish a contact relationship, or connection, with other users, and share the stored digital information with other users. Thus, the virtual venue application can enable interaction between users in a virtual environment … A “store front” is a virtual venue type for collecting and displaying digital information associated with a store that sells one or more products, in a virtual environment. A “shopping mall” is a virtual venue type for collecting and displaying digital information associated with a collection of stores, in a virtual environment. A “document cache” is a virtual venue type for collecting and displaying digital information associated with one or more physical documents in a virtual environment which can limit who can view information and the time period in which it can be viewed. A “mixer room” is a virtual venue type for providing a virtual environment that facilitates interaction between one or more users. A “street fair” is a virtual venue type for collecting and displaying digital information associated with an outdoor fair, in a virtual environment. An “art gallery” is a virtual venue type for collecting and displaying digital information associated with one or more artworks, in a virtual environment. A “movie theater” is a virtual venue type for collecting and displaying digital information associated with one or more movies, in a virtual environment. An “observatory” is a virtual venue type for collecting and displaying digital information associated with one or more physical telescopes, in a virtual environment”) (0057-0060).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, provide, to the user, a virtual item corresponding to the article purchased by the user, as taught by Haswell for the purpose to provide specific individual functionality for creating and displaying a virtual representation of event-related content in virtual environment.
As per claims 6, Weston specifically doesn’t disclose, identify the article purchased by the user by reading information on the article, the information attached to the article purchased by the user, however Haswell discloses, wherein the circuitry is configured to identify the article purchased by the user by reading information on the article, the information attached to the article purchased by the user (Examiner interprets storing and displaying object-related information within a virtual venue is interpreted as reading information associated with an article) (“a display object that is a two or three-dimensional virtual representation of an object, generating, by the virtual venue application implemented on the server, a virtual venue that includes a two or three-dimensional spatial representation of one or more objects based on an object model, displaying the display object and the virtual venue within a graphical user interface, the display object being displayed within the virtual venue” and “the virtual avatar can store at least one of a number of virtual venues visited, a number of items purchased, or credit card information associated with the user”) (0006 and 0155).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, identify the article purchased by the user by reading information on the article, the information attached to the article purchased by the user, as taught by Haswell for the purpose to provide specific individual functionality for creating and displaying a virtual representation of event-related content in virtual environment.
As per claims 7, Weston discloses, wherein the circuitry is configured to identify the article purchased by the user based on purchase history indicating a purchase made by the user (Examiner interprets storing and retrieving purchase history associated with a user account constitutes identifying the article based on purchase history) (“CRM module 1208 can store and retrieve information related to a user and/or the user's account, including ticketing information, user preferences, and purchase history. Facial recognition module 1210 can receive an image of a person's face and determine an identity of the person. Point of sale module 1212 can facilitate a user's purchasing experience at an event by storing payment information and user preferences”) (0075).
As per claims 11, Weston specifically doesn’t disclose, settle payment for purchase of an article; read information on a user purchasing the article; read information on the article, the information attached to the article; and transmit, to the provision apparatus, the read information on the user and the read information on the article, however Haswell discloses, settle payment for purchase of an article (Examiner interprets receiving and processing payment information constitutes settling payment for purchase of an article) (“a user can enter payment information within the displayed screen, where, upon receiving the payment information, the destination virtual venue application, or specific virtual venue, allows the transportation of the virtual avatar to be achieved …”) (0108, 0173);
read information on a user purchasing the article (Examiner interprets storing digital information associated with a ticket or item constitutes reading information on the article) (“the virtual avatar can store at least one of a number of virtual venues visited, a number of items purchased, or credit card information associated with the user.”) (0155);
read information on the article, the information attached to the article (Examiner interprets storing digital information associated with a ticket or item constitutes reading information on the article) (“virtual ticket can be electronically signed, and the virtual ticket can be authenticated to provide access to the virtual venue to the user, where the virtual ticket includes an expiration date. In certain embodiments, the virtual avatar can store at least one of a number of virtual venues visited, a number of items purchased, or credit card information associated with the user”) (0155);
and transmit, to the provision apparatus, the read information on the user and the read information on the article (Examiner interprets transmitting digital ticket or item information to a user device constitutes transmitting information to a provision apparatus) (“an advertisement can be displayed based on an amount of traffic associated with the virtual venue. In other embodiments, an email message can be sent to a user of the virtual venue application, where the email message includes a virtual ticket associated with the virtual venue. The virtual ticket can be electronically signed, and the virtual ticket can be authenticated to provide access to the virtual venue to the user, where the virtual ticket includes an expiration date. In certain embodiments, the virtual avatar can store at least one of a number of virtual venues visited, a number of items purchased, or credit card information associated with the user”) (0155).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, settle payment for purchase of an article; read information on a user purchasing the article; read information on the article, the information attached to the article; and transmit, to the provision apparatus, the read information on the user and the read information on the article, as taught by Haswell for the purpose to provide specific individual functionality for creating and displaying a virtual representation of event-related content in virtual environment.
As per claims 12, Weston discloses, read information on a user (Examiner interprets retrieving CRM-stored user information constitutes reading information on a user) (“CRM module 1208 can store and retrieve information related to a user and/or the user's account, including ticketing information, user preferences, and purchase history. Facial recognition module 1210 can receive an image of a person's face and determine an identity of the person. Point of sale module 1212 can facilitate a user's purchasing experience at an event by storing payment information and user preferences”) (0075);
transmit, to the provision apparatus, the read information on the user (Examiner interprets transmitting user information to event site devices or POS systems constitutes transmitting the read information on the user) (“transmitting user information to the event site device, and the user information includes at least one of a food preference, a drink preference, a name, an age, a VIP status, the user's payment information, or a seating preference … detecting the user's face with the event site device or a second event site device as the user is making an in-event purchase, and transmitting the user's payment information to an event venue's point of sale system based on detecting the user's face while the user is making an in-event purchase”) (0021-0022);
and display information on an article purchased by the user, the information being provided by the provision apparatus (Examiner interprets Displaying ticket or user-associated information on a display component constitutes displaying information on an article purchased by the user) (“determined that there are face-associated tickets 110 corresponding to the user, the display component 308 can display information related to the user and/or regarding the tickets associated with the user. For instance, the display component 308 can display information such as the user's personal information, the number of tickets associated with the user, VIP status of the tickets, or certain known preferences of the user (seating preferences, food preferences, drink preferences) as described later with reference to FIG. 5. In certain embodiments, the face detection component 206, upon receiving an image of a person's face, searches for a GI 112 that corresponds to the image of the person's face.”) (0054).
Claims 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 20210074102 (“Weston”) in view U.S. Pub. 20160042562 (“Haswell”) in view U.S. Pub. 20230101707 (“Smith”).
As per claims 8, Weston specifically doesn’t disclose, provide the virtual item to the user by registering information on the user on a non-fungible token configured to allow virtual-item owner information, however Smith discloses, wherein the circuitry is configured to provide the virtual item to the user by registering information on the user on a non-fungible token configured to allow virtual-item owner information (Examiner interprets associating a virtual item with NFT that authenticates uniqueness and ownership is interpreted as registering information on the user on a NFT configured to allow virtual item owner information) (“individual virtual items may be associated with a non-fungible token (NFT) to accentuate and authenticate the virtual item's uniqueness and/or to make the item tradeable or collectible …”) (0021).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, at least one of the articles in the container chosen without user selection to the user by ejecting the at least one article from the container to outside, wherein the circuitry is configured to read information on the article to be provided to the user and transmit, to the provision apparatus, the read information on the user and the read information on the article, as taught by Smith, to accentuate and authenticate the virtual item's uniqueness and/or to make the item tradeable or collectible.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 20210074102 (“Weston”) in view U.S. Pub. 20160042562 (“Haswell”) in view U.S. Pub. 20020107610 (“Kaehler”).
As per claims 13, Weston discloses, read information on a user who is to receive an article (“transmitting user information to the event site device, and the user information includes at least one of a food preference, a drink preference, a name, an age, a VIP status, the user's payment information, or a seating preference … detecting the user's face with the event site device or a second event site device as the user is making an in-event purchase, and transmitting the user's payment information to an event venue's point of sale system based on detecting the user's face while the user is making an in-event purchase” and “CRM module 1208 can store and retrieve information related to a user and/or the user's account, including ticketing information, user preferences, and purchase history. Facial recognition module 1210 can receive an image of a person's face and determine an identity of the person. Point of sale module 1212 can facilitate a user's purchasing experience at an event by storing payment information and user preferences”) (0021-0022 and 0075);
and settle payment for provision of the article, a container configured to store a plurality of types of articles (“Ticket broker component 106 can also receive and process the user's payment information. In certain embodiments, ticket broker component 106 can store a user's payment information. While interacting with the ticket broker component 106, the user can select whether to receive electronic (e.g., soft copy) tickets, hard copy (e.g., paper or printed) tickets, or a facial recognition ticket. If the user selects to receive facial recognition tickets, the ticket broker component 106 can communicate the ticketing information for the tickets that the user purchased or selected to the face association component 108 …”) (0047-0053);
an operation part configured to accept operations according to the payment (“the point of sale component 310 can recall the user's account information which can contain stored payment information such as credit card information. The point of sale component 310 allows a recognized user with an account to automatically make payments for concessions, food, drink, souvenirs, etc. The point of sale component 310 can securely transmit the user's payment information to the event venue's point of sale system 600. In this way, event staff 400 may sell items (food, drink, souvenirs, etc.) to a ticketed user 402 and receive payment by detecting the ticketed user's 402 face with an event site device 304 …”) (0062).
Weston specifically doesn’t disclose, at least one of the articles in the container chosen without user selection to the user by ejecting the at least one article from the container to outside, wherein the circuitry is configured to read information on the article to be provided to the user and transmit, to the provision apparatus, the read information on the user and the read information on the article, however Kaehler discloses, an ejection mechanism configured to provide, in response to an operation on the operation part, at least one of the articles in the container chosen without user selection to the user by ejecting the at least one article from the container to outside (Examiner interprets Random dispensing of special products constitutes articles chosen without user selection) (“Since special products 112 are dispersed among products 110 in the inventory of remote transaction station 100 at random, special product 112 may be randomly dispensed to any given customer upon any given transaction, in lieu of product 110 that the customer purchased. Since the value of special products 112 is generally much greater than the value of products 110, customers are generally pleased to receive a special product 112”) (0034), wherein the circuitry is configured to read information on the article to be provided to the user and transmit, to the provision apparatus, the read information on the user and the read information on the article (Examiner interprets delivering products from a transaction station to the customer constitutes ejecting the article from a container to the outside) (“When the customer has selected one or more products 110B and reviewed their prices, the customer places an order for delivery of products 110 (step 314). Payment may accompany the order immediately, such as by swiping a credit card through a card reader, or alternatively the transaction may be billed to a customer's account. At this point, and optionally based on information concerning the customer's order, controller 130 generates a special product dispensing indicator (step 316). This indicator comprises a state of controller 130, e.g., a bit or flag in memory, the level of an electrical output of controller 130, or the like. The indicator may also comprise a random number generator that randomly indicates a bit or flag or a number from which a flag, bit, or decision is derived. Remote transaction station 300 then obtains products 110 that the customer selected (step 318), and may receive special product from local spool 136 or from remote database 132, if product 110 is information. Prior to delivery of information products 110 to the customer, the state of the special product dispensing indicator is checked (decision 320). If delivery of a special product is not indicated, the products are just simply delivered to the customer”) (0057).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, at least one of the articles in the container chosen without user selection to the user by ejecting the at least one article from the container to outside, wherein the circuitry is configured to read information on the article to be provided to the user and transmit, to the provision apparatus, the read information on the user and the read information on the article, as taught by Kaehler for the purpose to boost sales in a broad category of goods and services and is effective to increase sales among certain segments of consumers.
As per claims 14, Weston specifically doesn’t disclose, sense the article to be provided to the user and read the information on the article when the article is being ejected from the container toward the outside, however Kaehler discloses, wherein the article provision apparatus comprises a sensor configured to sense the article to be provided to the user and read the information on the article when the article is being ejected from the container toward the outside (Examiner interprets barcode scanners, optical detectors, or magnetic sensors detecting products during dispensing constitute reading information on the article during ejection) (“Detector 120 may comprise an optical detector, with corresponding optical indicia on the products 110, special products 112, or both. For example, detector 120 may comprise a bar code scanner/reader, with corresponding bar codes placed on the products 110, 112. In this case, detection zone 122 would comprise an area that is scanned by a laser or other light source. A bar code is a series of varying width dark lines, called bars, separated by light spaces. Different combinations of the bars and spaces represent different characters or other data. When special product 112 passes through the bar code scanner detection zone 122, the light emanating from detector 120 is absorbed by the dark bars in the bar code and not reflected, but it is reflected by the light spaces. A photocell detector in detector 120 receives the reflected light and converts the light into an electrical signal. As the optical source passes over the bar code … Magnetic markers placed in or on special products 112 and placed in a sensitized state would be detected by the detector 120 as the special product 112 passed through the alternating magnetic field 122. Alternatively, both products 100 and special products 112 could be supplied with magnetic markers, with one sensitized and the other desensitized”) (0036-0038).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, sense the article to be provided to the user and read the information on the article when the article is being ejected from the container toward the outside, as taught by Kaehler for the purpose to boost sales in a broad category of goods and services and is effective to increase sales among certain segments of consumers.
As per claims 15, Weston specifically doesn’t disclose, wherein the sensor is a short-range wireless sensor configured to read, by wirelessly communicating with a wireless communication tag attached to the article, the information on the article when the article is being ejected from the container toward the outside, however Kaehler discloses, wherein the sensor is a short-range wireless sensor configured to read, by wirelessly communicating with a wireless communication tag attached to the article, the information on the article when the article is being ejected from the container toward the outside (Examiner interprets Bluetooth or short-range wireless interfaces constitute short-range wireless sensors) (“sophisticated communications interface combining input, payment, and output functions is a short-range wireless network such as the BLUETOOTH.RTM. interface designed and promulgated by Ericsson, Inc. BLUETOOTH.RTM. is a universal radio interface in the 2.45 GHz frequency band that enables portable electronic devices to connect and communicate wirelessly via short-range, ad hoc networks … remote transaction station 100 contains an inventory of products 110 (in this embodiment, cans containing beverages). The products 110 are arranged in racks within the interior of remote transaction station 100, which may be refrigerated. Interspersed among products 110 in the inventory of remote transaction station 100 are special products 112”) (0031-0032).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for identify a user; detect that an article purchased by the user and related to an event held in a real space is handed over to the user at an event venue, as taught by Weston, wherein the sensor is a short-range wireless sensor configured to read, by wirelessly communicating with a wireless communication tag attached to the article, the information on the article when the article is being ejected from the container toward the outside, as taught by Kaehler for the purpose to boost sales in a broad category of goods and services and is effective to increase sales among certain segments of consumers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US. Pub. 20220292543 (“Henderson”).
Henderson discloses, a method for creating and developing popup retail spaces and events using automation, including mobile shops and food trucks. This involves integrating machine learning, blockchain technology, and geographic information systems. The invention features a real estate search tool, a virtual design platform, and frameworks for retailers to collaborate on popup events in various locations. It also includes a marketplace for commercial space and user-friendly interfaces.
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM UBALE whose telephone number is (571)272-9861. The examiner can normally be reached Mon-Fri. 7:00 AM- 6:30 PM PST.
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/GAUTAM UBALE/
Primary Examiner, Art Unit 3689