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 .
Status of Claims
Due to communications filed 6/12/26, the following is a final office action. Claims 1 and 6-12 are amended. Claims 2-5 are cancelled. Claims 1 and 6-12 are pending in this application and are rejected as follows.
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 and 6-12 are rejected under 35 U.S.C, 101 because the claimed invention is directed to a judicial exception (I.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
With regard to the present claim 1, this claims recite an apparatus which is a machine;
claim 11, is a method/process and therefore ultimately, is statutory; and claim 12 is a non-transitory
computer readable medium, which is an article of manufacture.
In addition, independent claims 1, 11 and 12 recite a judicial exception. These claims as a whole recite a method of Organizing Human Activity. The claimed invention allows for collecting, analyzing and using information to make tour-selection/recommendation decisions, which fall under both the certain methods of organizing human activity and/or mental processes groupings. The mere nominal recitation of a generic computer/computer network does not take the claim out of the methods of organizing human interactions grouping. Thus, the claim recites an abstract idea.
Furthermore, the claims are not integrated into a practical application. The additional elements considered individually and as an ordered combination, do not integrate the abstract idea into a practical application. The memory, processor, storage device, image capture device, image-recognition processing and display device are recited at a high level of generality and are merely
invoked as tools to perform their ordinary information-processing, data gathering and display functions. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
Finally, the claims do not recite an inventive concept. The claims, considered as a whole, does not recite an inventive concept sufficient to transform the identified abstract idea into a patent-eligible application. The additional elements amount to no more than conventional data acquisition, information processing, image recognition/face detection, storage, and display functions arranged to perform the claimed tour-selection process. The combination therefore does not supply an unconventional technological solution sufficient to amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive
concept) to the abstract idea. The claim is ineligible.
Dependent claims 6-10 are also directed to same grouping of methods of organizing human activity and mental processes. The additional elements of the information processing apparatus in claims 6-10 do no more than generally link the use of the judicial exception to a particular technological environment or field of use. Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of
rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same
under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
not identically disclosed as set forth in section 102, if the differences between the claimed invention
and the prior art are such that the claimed invention as a whole would have been obvious before the
effective filing date of the claimed invention to a person having ordinary skill in the art to which the
claimed invention pertains. Patentability shall not be negated by the manner in which the invention
was made.
Claim(s) 1, 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over EHRET et al
(WO 9000777 A1), and further in view of TERAMOTO et al (JP 2021124362 A), and further in view of HISAMOTO (WO 2021144890 A1), and further in view of YUAN et al (CN 109214274 A).
As per claim 1, EHRET et al discloses:
at least one memory storing instructions; and at least one processor configured to execute the
instructions, (Page 4, lines 22-24: The preferred embodiment of the present invention includes a
programmed general purpose computer);
acquire biological information of a passenger who has disembarked from an aircraft, (Page 52, line 21-Page 53, line 3: "Similarly, if an event such as a departure or changing planes happens
during the low point of the Circadian.sup. * cycle (2am to 5am, including layover time) and that event is
still during the active phase of the previous effective time zone, step 3030 then recommends staying on
the previous effective time zone and shifting at the first available time after the event. In step 3040 the
B.T.F.W.B.D.T. becomes Aday (arrival day) or sometimes Aday+1 (arrival day +1) depending on the
timing of the flight. An individual has a nominal 16 hour active phase each day with a small dawn or dusk
phase (of 1 or 2 hours) on each end of the active phase. It is task related and the glossary should be
consulted under the discussion of the normal-efficient-active-phase range. The rule for a stopover event
recommends that for a stopover overnight in a hotel to get the next connection or for a sightseeing tour
during the day the traveler should stay on or phase shift to the closest effective time zone. Execution
then returns to the B.T.F.W.B.D.T. subroutine");
acquire flight information corresponding to the acquired biological information from a
storage device in which the flight information of the passenger and the biological information of
the passenger are stored in association with each other in advance; (Page 4, lines 13-27: "The present
invention incorporates an expanded and integrated theory of Chronobiology and Circadian Regulatory
Biology into a rule-based computer system. The computer system provides consistent recommendations
in response to a traveler's itinerary...and personal preferences for sleep times and meal times, despite
the interrupted environment of trans-time zone jet travel, with stops, layovers, plane changes, etc. The
preferred embodiment of the present invention includes a programmed general purpose computer, an
input keyboard, a cursor positioning input device, an output display terminal and printer, and databases
of time zone, daylight savings information, and flight information"; Page 1 line 29-Page 12, line 18:
"Figure 4 is an illustration of a Travel Information input display screen. This screen is used for the input,
modification and display of specific flight data. Choosing one trip leg at a time, the operator inputs the
specific flight data consistent with the Itinerary using actual flight data from an OAG database. For
example, in Figure 4 the departure location (SFO) already provided by the operator in Step 2 is displayed
in display area 400. The exact time of departure is entered in display area 405. The airline identification
"UA" is entered in display area 410, the flight number "126" in display area 415, the destination "ORD"
in display area 420, the date of departure is entered in display area 425, and the time of arrival' 1459" in
display area 430. Specific flight information for additional connecting flights are input in sequential
display areas such as display area 435. All connecting flights are entered so that the system can account
for interruptions in sleep, such as would be caused by the need to change flights. This information is
provided manually in the preferred embodiment, however in an alternative embodiment the
information could be provided electronically from an electronic database of flight information. In this
alternative embodiment the system could be adapted so as to recommend specific available flights
based on chronobiology rules and the key event data");
determine, based on the acquired flight information, whether the passenger is a passenger who is to re-board an aircraft after disembarking from the aircraft, (EHRET et al (WO 9000777 A1): Pg 52, line 211-Pg 53, line 2: "Similarly, if an event such as a departure or changing planes happens during the low point of the Circadian.sup.* cycle (2am to 5am, including layover time) and that event is still during the active phase of the previous effective time zone, step 3030 then recommends staying on the previous effective time zone and shifting at the first available time after the event. The rule for a stopover event recommends that for a stopover for a sightseeing tour during the day the traveler should stay on or phase shift to the closest effective time zone").
Ehret does not teach the limitations below. However, TERAMOTO et al (JP 2021124362 A) teaches:
wherein the sightseeing area information is a degree of congestion of a sightseeing area of the tour,
TEREMOTO: "The tourist spot database 22G stores information such as tourist spots, tourist facilities, and congestion status of tourist facilities. The restaurant database 22H stores information such as the restaurant and the congestion status of the restaurant");
acquire sightseeing area information regarding a sightseeing area of a tour and weather
information of the sightseeing area of the tour, (TERAMOTO al (JP 2021124362 A): The plan database
22F stores the route search information set by using the mobile information terminal 30 or the
navigation device 32 as described later. The tourist spot database 22G stores information such as tourist
spots, tourist facilities, and congestion status of tourist facilities; In step S5, the plan is created on the
terminal for which the information is provided. To create a plan, select a point of interest to the user
from the waypoint candidates shown in FIG. 4 (A), and confirm the detailed information of the selected
point as shown in FIG. 4 (B). If you want to make the point waypoint, touch the "Go here" icon to
select it. Hereinafter, similarly, the plurality of waypoints are set by confirming the detailed information
of the candidate waypoints shown in FIG. 4A and touching the "go here" icon. can do. After setting
the waypoints, the navigation function of terminal A (or terminal B) determines the route from the
departure point to the waypoints and calculates the recommended departure time according to the
destination. And the plan creation is completed;
search for tours in which the passenger can participate based on the sightseeing area
information and the flight information if the passenger is a re-boarding passenger, and select a tour
from searched tours using the weather information, (The management server 20 collects various
information from the mobile information terminal 30, the navigation device 32, and the information
server 42, and manages the collected information as a database. The information server 42 provides
map information, weather information, sunrise / sunset time information, and information related to
public transportation such as timetables to the management server 20 via the network 40. The
information server 42 includes a plurality of servers, for example, one server provides map information,
another server provides environmental information such as weather information and sunrise / sunset
time information, and another server provides information such as public traffic information.
Alternatively, tourist information and the like are provided to the management server 20; In step S22,
the management server 20 detects that the positions of the terminal A and the terminal B have
approached the destination via the stopover set in the plan. FIG. 6A is a schematic view showing an
example of a screen displayed on the terminal A and the terminal B immediately before reaching the
destination via all the waypoints. As shown in FIG. 6A, a check mark stamp is attached to the waypoint,
and as an example, an icon indicating the destination aquarium is displayed without the stamp; When
the arrival near the destination is detected in step S22, the management server 20 transmits the
recommended tour course to the terminal A and the terminal B in step S23. FIG. 6B is a schematic
diagram showing an example of a recommended tour course displayed on the terminal A and the
terminal B. As shown in FIG. 6B, the recommended tour course is configured so that the outline of the
tour course, the presence or absence of the remaining ticket, the reservation of the tour, etc. can be
made);
a display control means for displaying information of the searched-for tour on a display
device, (When the arrival near the destination is detected in step S22, the management server 20
transmits the recommended tour course to the terminal A and the terminal B in step S23. FIG. 6B is a
schematic diagram showing an example of a recommended tour course displayed on the terminal A and
the terminal B).
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by TERAMOTO et al in the systems of EHRET et al, since the
claimed invention is merely a combination of old elements, and in the combination each element merely
would have performed the same function as it did separately, and one of ordinary skill in the art would
have recognized that the results of the combination were predictable.
Ehret does not teach the limitations, however, HISAMOTO discloses:
the sightseeing area information is a degree of congestion of a sightseeing area of the tour, (HISAMOTO: “Specifically, as shown in FIG. 3, "sightseeing spot information"..are "basic information" such as...congestion status, image, and detailed information. Contains information that represents (explanation, etc.). Further, the "sightseeing spot information"...include the "current situation" which is information indicating the current congestion situation of the tourist spot and the store. In addition, "sightseeing spot information" and "store information" include information representing the characteristics and environment of the user that the tourist spot or store "targets". In other words, in the "target" column of "sightseeing spot information"...the user's characteristics such as...the number of accompanying persons, etc.,...Includes environmental information such as seasons and weather suitable for sightseeing”);
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by HISAMOTO et al in the systems of EHRET et al, since the
claimed invention is merely a combination of old elements, and in the combination each element merely
would have performed the same function as it did separately, and one of ordinary skill in the art would
have recognized that the results of the combination were predictable.
For further clarification of the following limitation, Examiner has cited YUAN et al (CN 109214274 A):
the degree of congestion is based on a number of people detected per viewing field of an image capture device installed at the sightseeing area by detecting faces of people through image recognition based on image data captured by the image capture device, (YUAN et al: For example, the flow detection analysis unit can extract the monitoring image in the airport hall, performing image processing, extracting the number of people in the airport hall in unit time, when the number exceeds a certain threshold value, sending early warning to the airport management personnel. For example, the character fast searching unit, can extract the portrait figure of the specific task, fast face recognition, determining the identity information. a dangerous scene predicting unit, which can focus attention to the place where the number of people in the monitoring image is too intensive, so as to send out the danger time, group event, congestion condition to alarm, avoiding the occurrence of people treading. the movement track tracking unit can control the movement of the camera, continuously tracking the movement track of the suspicious person, further judging the safety coefficient providing basis for the security personnel).
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by YUAN et al in the systems of EHRET et al, since the
claimed invention is merely a combination of old elements, and in the combination each element merely
would have performed the same function as it did separately, and one of ordinary skill in the art would
have recognized that the results of the combination were predictable.
As per claim 2, EHRET et al does not disclose:
wherein the sightseeing area information is a degree of congestion of a sightseeing area
of the tour.
However, TERAMOTO al discloses: ("The tourist spot database 22G stores information such as
tourist spots, tourist facilities, and congestion status of tourist facilities. The restaurant database 22H
stores information such as the restaurant and the congestion status of the restaurant").
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by TERAMOTO et al in the systems of EHRET et al, since the
claimed invention is merely a combination of old elements, and in the combination each element merely
would have performed the same function as it did separately, and one of ordinary skill in the art would
have recognized that the results of the combination were predictable.
As per claim 6, EHRET et al does not disclose:
wherein the degree of congestion is the number of people participating in the tour.
However, HISAMOTO (WO 2021144890 A1) discloses: Specifically, as shown in FIG. 3,
"sightseeing spot information" and "store information" are "basic information" such as name, location,
average staying time, opening (business) time, congestion status, image, and detailed information.
Contains information that represents (explanation, etc.). Further, the "sightseeing spot information" and
the "store information" include the "current situation" which is information indicating the current
congestion situation of the tourist spot and the store. In addition, "sightseeing spot information" and
"store information" include information representing the characteristics and environment of the user
that the tourist spot or store "targets". In other words, in the "target" column of "sightseeing spot
information" and "store information", the user's characteristics such as the age group and preference of
the user suitable for the corresponding tourist spot or store, the number of accompanying persons, etc.,
and the visit and use Includes environmental information such as seasons and weather suitable for
sightseeing.
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by, HISAMOTO in the systems of EHRET et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 7, EHRET et al does not disclose:
wherein the degree of congestion is the number of people participating in tours for
which a sightseeing area is the same.
However, HISAMOTO (WO 2021144890 A1) discloses: Specifically, as shown in FIG. 3,
"sightseeing spot information" and "store information" are "basic information" such as name, location,
average staying time, opening (business) time, congestion status, image, and detailed information.
Contains information that represents (explanation, etc.). Further, the "sightseeing spot information" and
the "store information" include the "current situation" which is information indicating the current
congestion situation of the tourist spot and the store. In addition, "sightseeing spot information" and
"store information" include information representing the characteristics and environment of the user
that the tourist spot or store "targets". In other words, in the "target" column of "sightseeing spot
information" and "store information", the user's characteristics such as the age group and preference of
the user suitable for the corresponding tourist spot or store, the number of accompanying persons, etc.,
and the visit and use Includes environmental information such as seasons and weather suitable for
sightseeing.
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by, HISAMOTO in the systems of EHRET et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 8, EHRET et al does not disclose: wherein the degree of congestion is the number of
payments performed through face recognition at an airport or the sightseeing area.
However, YUAN (CN 111325559 A) discloses: (Abstract: The invention claims a control method
for payment and payment control system applied to bus, the method comprising detecting the bus
arrival station, the station device obtains the target human face data sent by identification device
corresponding to the bus, and judging whether the target face data is matched with some face data of
human face data in the set of predetermined; when matching, determining the public identifier of the
bus, and the background server sends deduction prompting; the background server receives the fee
deduction prompt, and prompting bus identification comprises determining the cost needed by the
payment according to the deduction. deducting charge from the account of the user. Therefore, the
riding experience implementing the invention can improve passenger payment efficiency of bus, so as to
improve the loading efficiency of the passenger, so as to reduce the occurrence of traffic congestion).
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by, YUAN in the systems of EHRET et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 9, EHRET et al does not disclose: wherein the degree of congestion is the number of
instances of face recognition performed at the sightseeing area.
However, YUAN (CN 111325559 A) discloses: (Abstract The invention claims a control method
for payment and payment control system applied to bus, the method comprising detecting the bus
arrival station, the station device obtains the target human face data sent by identification device
corresponding to the bus, and judging whether the target face data is matched with some face data of
human face data in the set of predetermined; when matching, determining the public identifier of the
bus, and the background server sends deduction prompting; the background server receives the fee
deduction prompt, and prompting bus identification comprises determining the cost needed by the
payment according to the deduction. deducting charge from the account of the user. Therefore, the
riding experience implementing the invention can improve passenger payment efficiency of bus, so as to
improve the loading efficiency of the passenger, so as to reduce the occurrence of traffic congestion).
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by, YUAN in the systems of EHRET et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 10, EHRET et al does not disclose: wherein the biological information is face image
data.
However, YUAN (CN 111325559 A) discloses: (Abstract: The invention claims a control method
for payment and payment control system applied to bus, the method comprising detecting the bus
arrival station, the station device obtains the target human face data sent by identification device
corresponding to the bus, and judging whether the target face data is matched with some face data of
human face data in the set of predetermined; when matching, determining the public identifier of the
bus, and the background server sends deduction prompting; the background server receives the fee
deduction prompt, and prompting bus identification comprises determining the cost needed by the
payment according to the deduction. deducting charge from the account of the user. Therefore, the
riding experience implementing the invention can improve passenger payment efficiency of bus, so as to
improve the loading efficiency of the passenger, so as to reduce the occurrence of traffic congestion).
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by, YUAN in the systems of EHRET et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 11, this claim discloses limitations similar to those disclosed in independent claim 1,
and is therefore rejected for similar reasons.
As per claim 12, this claim discloses limitations similar to those disclosed in independent claim 1,
and is therefore rejected for similar reasons.
Prior Art Considered
The following art has been considered by the Examiner, however has not been cited in the
current Office action:
SEO (KR 101735724 B1)
(JP 3816756 B2)
(JP 2001524294 A)
Response to Arguments
Applicant’s arguments, see arguments/remarks, filed 6/12/26, with respect to the double patenting rejection have been fully considered and are persuasive. The double patenting rejection has been withdrawn.
Applicant’s arguments, see arguments/remarks, filed 6/12/26, with respect to the claim interpretation rejection have been fully considered and are persuasive. The claim interpretation rejection has been withdrawn.
Applicant's arguments filed 6/12/26 have been fully considered but they are not persuasive.
With regard to the 35 USC 101 rejection, Applicant argues that the claims do not fall into the "Certain Methods of Organizing Human Activity" grouping, because the features recited in the claims do not
fall within any of the sub-groupings identified in M.P.E.P. § 2106.04(a)(2)(II). More specifically, Applicant argues that the features of claim 1 include wherein "the degree of congestion is based on a number
of people detected per viewing field of an image capture device installed at the sightseeing area
by detecting faces of people through image recognition based on image data captured by the
image capture device." The features of claim 10 include "wherein the face image data is selected
through one-to-N matching using captured face image data." Thus, the claims are not directed to
fundamental economic principles or practices, commercial or legal interactions, or managing
personal behavior or relationships or interactions between people. However, Examiner respectfully disagrees. Under Step 2A, Prong One, the claim is directed to the abstract idea of organizing and coordinating a passenger's participation in a tour based on the passenger's flight information and conditions associated with the sightseeing area, which falls within the certain methods of organizing human activity grouping. The claim determines whether the passenger is a reboarding passenger, searches for tours in which the passenger can participate based on flight and sightseeing-area information, and selects a tour using weather information. These limitations organize and coordinate a person's activities based on specified conditions. The recited image capture, face detection, image recognition, and one-to-N matching merely obtain information regarding persons and congestion at the sightseeing area for use in the tour-selection process and therefore do not alter the abstract-idea characterization. Under Step 2A, Prong Two, the additional elements do not integrate the exception into a practical application because the processor, memory, storage, image-capture, image-recognition, and display components are used in their ordinary manner to collect, process, and present information. The claim does not recite an improvement to the underlying image-processing technology. Accordingly, Applicant's argument does not overcome the § 101 rejection.
With regard to the 35 USC 103 rejection, Applicant argues that Hisamoto fails to disclose "wherein the degree of congestion is the number of people detected per viewing field of an image capture device installed at the sightseeing area by detecting faces of people through image recognition based on image data captured by the image capture device.". However, Examiner disagrees. HISAMOTO discloses an information providing system where upon arrival, a user visiting a tourist site uses a user terminal to register user information representing the characteristics of the user. This information can be information also including "sightseeing spot information", where "sightseeing spot information" is “basic information" such as congestion status and image [of the tourist site]. HISAMOTO also discloses that in the "target" column of "sightseeing spot information"...the user's characteristics such as...the number of accompanying persons, etc. is included. Therefore, in Hisamoto, the user and the number of accompanying persons represents the number of people detected in the present claims, the user terminal at the tourist site represents the image capture device installed at the sightseeing area, the image of the tourist site represents the viewing field of an image capture device of the present claims, and the congestion status represents the degree of congestion of the present claims. However, for clarification, Examiner has used previously cited reference YUAN et al, where discloses a camera at an airport detecting the number of people in order to determine congestion.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Akiba Robinson whose telephone number is 571-272-6734 and email is Akiba.Robinsonboyce@USPTO.gov. The examiner can normally be reached on Monday-Thursday 6:30am-4:30pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Nathan Uber can be reached on 571-270-3923. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703) 305-3900.
August 25, 2026
/AKIBA K ROBINSON/Primary Examiner, Art Unit 3626
Prosecution Insights