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 .
Claims 2-21 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of the parent U.S. Patent No. 11,848,997 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant independent claims 2, 13, 20 recite similar steps such as: receive a user attribute request.., extract the user attribute information…, access a location profile…, process user attribute information using processing rule…, generate a processing result…, transmit the processing result. The instant independent claims recites a broader limitation of removing financial rate information.
Instant Application
Parent 11,848,997 B1
2. A network service system for processing user attribute information, the network service system comprising:
a non-volatile memory configured to store computer-executable instructions; and
a hardware processor in communication with the non-volatile memory and configured to execute the computer-executable instructions to at least:
receive, from a user computing device, a user attribute request to process user attribute information of a user,
wherein the request comprises the user attribute information and a location identifier;
extract the user attribute information from the user attribute request;
access a location profile from a plurality of location profiles based at least in part on the location identifier, wherein the location profile specifies processing rules for processing the user attribute information;
process the user attribute information using the processing rules specified by the location profile, wherein processing the user attribute information comprises at least verifying a user attribute of the user;
generate a processing result associated with processing the user attribute information using the processing rules; and
transmit the processing result to the user computing device.
1. A system for requests for user attribute information, the system comprising:
a plurality of computing devices, wherein individual computing devices are configured to generate requests for user attribute information associated with one or more locations;
one or more computing systems including processing devices and memory, that execute computer-executable instructions, for implementing a user attribute information request processing service operative to:
obtain, from one or more computing devices, a request for user attribute information,
wherein the request for user location attribute information corresponds to an identified location within a geographic area and wherein the request for user location attribute information includes at least one captured information associated with an identified user;
identify one or more profiles associated with the identified location, the one or more profiles defining processing rules for determination of financial rate information based on the request for user attribute information;
process the request for user attribute information based on the identified one or more profiles, wherein processing the request for user attribute information includes verification of a user attribute based on the at least one captured information associated with an identified user and processing the verified user attribute according to the one or more profiles;
generate a processing result associated with the processed request for user attribute information,
wherein the processing result includes the identification of at least one financial rate information to be applied to the request for user attribute information; and
transmit the generated processing result responsive to the obtained request for user attribute information.
Claim Rejections - 35 USC § 101
Claims 2-21 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites receiving a user attribute request.., access a location profile.., process the user attribute information.., generate a processing result…, and transmit the processing result.
The limitations of receiving user attribute request and process the user attribute information to generate a processing result, as drafted, are processes that, under their broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting “a memory” and “hardware processor”, nothing in the claim elements precludes the steps from practically being performed in the mind. For example, but for the “network service system” language, “receive”, “access”, and “process” in the context of this claim encompass a user receiving a request with location identifier, look up a location profile based on the location identifier, and then mentally process the request based on processing rule.
Similarly, the limitation of process the user attribute information using the processing rules specified by the location profile, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, but for the “process the user attribute information” language, “processing the user attribute information” in the context of this claim encompasses a user reviewing user attribute information using processing rule to generate a processing result. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements of a memory and processing devices to perform the obtaining, parsing, and analysis steps. The memory and processing devices are recited at a high level of generality (i.e., as generic computer components performing generic computer functions of collecting, organizing, and analyzing information) such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, 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. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a memory and processing devices to perform the data collection, parsing, and analysis steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 2-3, 6-10, 12-14, 17-18, 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Avendano et al. U.S. Patent Application Publication Number 2014/0379441 A1 (hereinafter Avendano).
As per claim 21 Avendano discloses a network service system for processing user attribute information, the network service system comprising:
a non-volatile memory (see memory 106 in Figure 5) configured to store computer-executable instructions; and
a hardware processor (see CPU 102 in Figure 5) in communication with the non-volatile memory and
configured to execute the computer-executable instructions to at least:
receive, from a user computing device, a user attribute request to process user attribute information of a user, wherein the request comprises the user attribute information and a location identifier (see user mobile device request providing user credentials, or user attribute information as claimed, and parking spot location information, or location identifier as claimed, on page 2 section [0017]);
extract the user attribute information from the user attribute request (see using user credentials to access the profiled for the user, or user attribute information as claimed, on page 2 section [0017]);
access a location profile from a plurality of location profiles based at least in part on the location identifier (see identification of specific parking spot within a parking zone, or plurality of location profile as claimed, on page 4 section [0054]), wherein the location profile specifies processing rules for processing the user attribute information (see different charges for the requesting user and associated time of day for parking processing rules or restrictions on page 4 section [0054]);
process the user attribute information using the processing rules specified by the location profile (see processing parking charges based on parking zone identifier, or location profile as claimed, on page 4 section [0054]), wherein processing the user attribute information comprises at least verifying a user attribute of the user (see verifying user credential on page 2 section [0017] and see authenticating the user and initiate and process payment for parking for identified spot on page 7 section [0084]);
generate a processing result associated with processing the user attribute information using the processing rules (see generate final parking payment transaction with tracking on time on page 7 section [0084]); and
transmit the processing result to the user computing device (see returning processing result of parking request as activated on Figure 3D).
As per claims 13, 20, Avendano discloses a system for regulating access of a physical location, the system comprising:
a non-volatile memory (see memory 106 in Figure 5) configured to store computer-executable instructions; and
a hardware processor (see CPU 102 in Figure 5) in communication with the non-volatile memory and configured to execute the computer-executable instructions to at least:
receive, from a user computing device, a user attribute request to process user attribute information of a user, wherein the request comprises the user attribute information and a location identifier (see user mobile device request providing user credentials, or user attribute information as claimed, and parking spot location information, or location identifier as claimed, on page 2 section [0017]);
access a location profile based at least in part on the location identifier (see identification of specific parking spot within a parking zone, or plurality of location profile as claimed, on page 4 section [0054]), wherein the location profile specifies processing rules for processing the user attribute information (see different charges for the requesting user and associated time of day for parking processing rules or restrictions on page 4 section [0054]);
generate a processing result by processing the user attribute information
using the processing rules specified by the location profile, wherein processing the
user attribute information comprises at least verifying a user attribute of the user (see generate final parking payment transaction with tracking on time on page 7 section [0084]);
and
regulate access to the physical location based on the processing result (see result used to regulate access by enforcement operations using administrative utility on page 7 section [0084] and see attendants enforce parking rules on page 9 section [0111]).
As per claim 3, Avendano discloses the network service system of claim 2, wherein the user attribute information is received from the user computing device in an encrypted format (see system maintains authentication and security utility for maintaining privacy of user personal information including encrypted format on page 4 section [0044]).
As per claim 6, Avendano discloses the network service system of claim 2, wherein the processing result comprises rate information associated with parking at a location corresponding to the location identifier (see identification of parking zone for charging different rate on page 4 section [0054]).
As per claim 7, Avendano discloses the network service system of claim 2, wherein the processing result comprises access information associated with providing access to a location corresponding to the location identifier (see providing the relevant identifier, or access information as claimed, for the relevant parking spot on page 5 section [0062] and see activating the parking for user in the relevant parking spot, or access information as claimed, on page 6 section [0077]).
As per claim 8, Avendano discloses the network service system of claim 2, wherein the hardware processor is further configured to execute the computer-executable instructions to at least receive additional user attribute information from a third-party computing system associated with a third-party service (see receiving credential from a third party financial institution for financial transaction on page 3 section [0040] and see receiving authorization from appropriate third party payment processors to enable parking payment on page 6 section [0077]).
As per claim 9, Avendano discloses the network service system of claim 8, wherein processing the user attribute information using the processing rules specified by the location profile further comprises processing the additional user attribute information (see additional user attribute information from third party payment process such as credentials and user profile information such as name, address, and vehicle information on page 3 section [0040] and see additional user attribute such as PIN code required by third party payment card provider on page 6 section [0077]).
As per claim 10, Avendano discloses the network service system of claim 2, wherein processing the user attribute information further comprises providing the user attribute information to a third-party computing system associated with a third-party service to process the user attribute information (see additional user attribute information from third party payment process such as credentials and user profile information such as name, address, and vehicle information on page 3 section [0040] and see additional user attribute such as PIN code required by third party payment card provider on page 6 section [0077]).
As per claim 12, Avendano discloses the network service system of claim 2, wherein the user attribute information comprises status information associated with the user, and wherein the processing result is generated based at least in part on processing the status information associated with the user using the processing rules specified by the location profile (see status information as the current prepaid account balance of the user on page 2 section [0017]).
As per claim 14, Avendano discloses the system of claim 13, wherein the physical location comprises a parking location (see parking spot in a parking zone on page 4 section [0054]).
As per claim 17, Avendano discloses the system of claim 13, wherein regulating access to the physical location comprises providing rate information to access the physical location, wherein the rate information corresponds to the user attribute (see different charge rate based on time of day and physical zone of the parking space on page 4 section [0054]).
As per claim 18, Avendano discloses the system of claim 13, wherein regulating access to the physical location comprises providing access to the physical location (see regulate or providing access to physical location by enforcement operations using administrative utility on page 7 section [0084] and see attendants enforce parking rules on page 9 section [0111]).
As per claim 21, Avendano discloses the method of claim 20, wherein regulating access to the parking location comprises transmitting one or more of a parking rate or an access code to the parking location (see different parking zone has different parking rate on page 4 section [0054]).
Allowable Subject Matter
Claims 4, 5, 11, 15-16, 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zellner U.S. Patent Application Publication Number 2005/0272445 A1. Location based security runs for access control (see Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN S CHOU whose telephone number is (571)272-5779. The examiner can normally be reached Monday-Friday 9:00-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris L Parry can be reached at (571)272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALAN S CHOU/Primary Examiner, Art Unit 2451
Prosecution Insights