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 .
Claim Objections
Claims 16-18 are objected to because of the following informalities:
“The method of claim 2” should be --The method of claim 10-- (claim 16, line 1);
“The method of claim 2” should be --The method of claim 10-- (claim 17, line 1); and
“computing system:” should be --computing system; and-- (claim 18, line 10).
Appropriate correction is required.
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 1-19 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.” Claims 1-19 are directed to receiving login credentials, selecting a venue, providing location data and performing biometric authentication method, which is considered an abstract idea. Further, the claim(s) as a whole, when examined on a limitation-by-limitation basis and in ordered combination do not include an inventive concept.
Step 1 – Statutory Categories
As indicated in the preamble of the claims, the examiner finds the claims are directed to a process and a machine.
Step 2A – Prong One - Abstract Idea Analysis
Exemplary claims 1, 10 and 18 recite the following abstract concepts, in italics below, which are found to include an “abstract idea”:
A contactless payment system comprising:
a computing system comprising one or more processors for executing computer-readable instructions;
one or more databases and/or digital ledgers for storing the computer-readable instructions,
a plurality of computing devices, the plurality comprising one or more point-of-sale (POS) computer(s), one or more electronic reservation book (ERB) computer(s), and one or more payment gateway computer(s);
one or more networks interconnecting the computing system and the plurality of computing devices by one or more internet and/or local connections;
a user computing device in data communication with the computing system, the user computing device comprising an application (including internet browser interface) configured to:
receive, from a user, user login credentials for the contactless payment system;
select a venue providing the services;
provide location data to the computing system; and
perform one or more biometric authentication method(s);
a geofence located at the [hospitality venue] for defining a geofenced area for the service and/or an RF module located at the venue for defining a proximity to the service,
wherein the computing system determines whether a user computing device is
within the geofenced area and/or in proximity to an RF module.
10. A method for contactless payment of hospitality services, comprising the steps of:
communicating, over one or more networks, with a plurality of computing devices of a plurality of point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) providing the hospitality service;
monitoring, in real-time, a location of each respective computing device of the plurality of computing devices based on location data received from a location monitor of the respective computing device;
determining whether to subject a respective point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer to either (i) a default set of guidelines, or (ii) an alternative set of guidelines associated with a geofenced area and/or RF module, based on the location of the respective computing device relative to the geofenced area and/or RF module;
for each subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer of the plurality of point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) that is subject to the alternative set of guidelines, input an identifier of the subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer into a state, the identifier indicating an operational state to subject the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway from a plurality of states for the geofenced area/or RF module,
receiving, over the one or more networks, indication of a location-based event from a computing device of a first user(s), the location-based event indicating a user device has entered, exited, or performed some action within the geofenced and/or RF module area;
arranging the hospitality service for the first user(s) by (i) selecting the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer from one of the plurality of states and (ii) communicating, over the one or more networks, the set of instructions associated with the state to the selected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer;
receiving, over the one or more networks, a second hospitality request from a computing device of a second requesting user(s), the second hospitality request indicating a request external to the geofenced area and/or RF module; and
arranging the hospitality service for the second requesting user(s) by (i) selecting the point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) based at least in part on a proximity of the service provider geolocation
of the second hospitality request, and (ii) communicating, over the one or more networks, the set of instructions associated with the state to the selected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer
18. A contactless payment system for hospitality services for a hospitality venue,
comprising:
a computing system comprising one or more processors for executing computer- readable instructions;
one or more databases and/or digital ledgers (e.g., blockchain database) for storing the computer-readable instructions,
a plurality of hospitality computing devices;
one or more networks interconnecting the computing system and the plurality of hospitality computing devices by one or more internet and/or local connections;
a user computing device in data communication with the computing system:
a geofence for defining a geofenced area and/or an RF module located for defining a proximity,
wherein the computing system determines whether a user computing device is
within the geofenced area and/or in proximity to an RF module.
The claim features in italics above as drafted, under its broadest reasonable interpretation, are mental processes and/or certain methods of organizing human activity performed by generic computer components. That is, in claim 1, other than reciting “one or more databases and/or digital ledgers for storing the computer-readable instructions, a plurality of computing devices, the plurality comprising one or more point-of-sale (POS) computer(s), one or more electronic reservation book (ERB) computer(s), and one or more payment gateway computer(s); one or more networks interconnecting the computing system and the plurality of computing devices by one or more internet and/or local connections; a user computing device in data communication with the computing system, the user computing device comprising an application (including internet browser interface)… an RF module” nothing in the claim element precludes the step from practically being performed in the mind or a method of organized human activity. In claim 10, other than reciting “one or more networks, with a plurality of computing devices of a plurality of point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s)… a location monitor of the respective computing device… RF module.. a computing device of a first user… a computing device of a second user” nothing in the claim element precludes the step from practically being performed in the mind or a method of organized human activity. in claim 18, other than reciting “a computing system comprising one or more processors for executing computer- readable instructions; one or more databases and/or digital ledgers (e.g., blockchain database) for storing the computer-readable instructions, a plurality of hospitality computing devices; one or more networks interconnecting the computing system and the plurality of hospitality computing devices by one or more internet and/or local connections; a user computing device in data communication with the computing system… an RF module,” nothing in the claim element precludes the step from practically being performed in the mind or a method of organized human activity. For example, but for the additional elements language above, “communication… receive, from a user, user login credentials for the contactless payment system; select a venue providing the services; provide location data to the computing system; and perform one or more biometric authentication method(s); a geofence located at the [hospitality venue] for defining a geofenced area for the service and/or … defining a proximity to the service, …determines whether a user … is within the geofenced area and/or in proximity” (claim 1), “communicating… providing the hospitality service… monitoring, in real-time, a location… based on location data received… determining whether to subject… either (i) a default set of guidelines, or (ii) an alternative set of guidelines associated with a geofenced area …, based on the location …relative to the geofenced area… for each… subject to the alternative set of guidelines, input an identifier …into a state, the identifier indicating an operational state … from a plurality of states for the geofenced area… receiving… indication of a location-based event … of a first user(s), the location-based event indicating a user … has entered, exited, or performed some action within the geofenced … arranging the hospitality service for the first user(s) by (i) selecting… and (ii) communicating… the set of instructions associated with the state… receiving… a second hospitality request … of a second requesting user(s), the second hospitality request indicating a request external to the geofenced area …; and arranging the hospitality service for the second requesting user(s) by (i) selecting … based at least in part on a proximity of the service provider geolocation of the second hospitality request, and (ii) communicating… the set of instructions associated with the state” (claim 10), and “A contactless payment system for hospitality services for a hospitality venue, comprising: communication.. a geofence for defining a geofenced area … located for defining a proximity, … determines whether a user …is within the geofenced area and/or in proximity” (claim 18) in the context of this claim encompasses mental processes and/or certain methods of organizing human activity. If the claim limitations, under its broadest reasonable interpretation, covers steps which could be performed in the human mind including an observation, evaluation, judgement of opinion and/or fundamental economic practice, commercial or legal interaction or managing personal behavior or relationships or interactions between people but for the recitation of generic computer components, then it falls within the “mental process and/or certain method of organizing human activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
Step 2A – Prong Two - Abstract Idea Analysis
This judicial exception is not integrated into a practical application. In particular, the claims only recite the above additional elements with similar additional elements being recited in the dependent claims. The additional elements are recited at a high-level of generality (i.e., as a generic processor performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component (MPEP 2106.05(f)). 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.
Step 2B - Significantly More Analysis
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 amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply the exception using a generic computer component cannot provide an inventive concept. Further, the background does not provide any indication that the additional elements are anything other than generic, off-the-shelf computer components. For these reasons, there is no 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 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication No. 2015/0120345 A1 to Rose (“Rose”).
As per claim 18, the claimed subject matter that is met by Rose includes:
A contactless payment system for hospitality services for a hospitality venue, comprising (Rose: Abstract):
a computing system comprising one or more processors for executing computer-readable instructions (Rose: Fig. 1, 108 and ¶¶ 0016-0018);
one or more databases and/or digital ledgers (e.g., blockchain database) for storing the computer-readable instructions (Rose: Fig. 1, 110 and ¶¶ 0016-0018),
a plurality of hospitality computing devices (Rose: Fig. 1, 104 and ¶¶ 0016-0018);
one or more networks interconnecting the computing system and the plurality of hospitality computing devices by one or more internet and/or local connections (Rose: Fig. 1, 106 and ¶¶ 0016-0018);
a user computing device in data communication with the computing system (Rose: Fig. 1, 102 and ¶¶ 0016-0018):
a geofence for defining a geofenced area and/or an RF module located for defining a proximity (Rose: ¶¶ 0031 “a user that was identified for apportionment using the techniques described above, e.g., from a reservation, waitlist, or purchase order, is automatically identified, e.g., "checked in," for apportionment of a shared financial expense when a user device of the user is geographically located with a specified geofence. The specified geofence can be, for example, a geofence that defines the perimeter of the merchant's geographic location. In some embodiments, a merchant can identify, e.g., "check in," users to be included in apportioning a shared financial expense” and 0063 “Determining whether the user device 602 is within a threshold geographic distance of the merchant device 604 can be accomplished in different ways including, for example, determining whether the user device 602 is within a threshold geographic radius of the merchant device 604, determining whether the user device 602 is within a particular geofence, or determining whether the user device 602 can communicate with the merchant device 604 using a specified wireless technology, e.g., Bluetooth or Bluetooth low energy (BLE). In some embodiments, the card-less payment system 608 restricts card-less payment transactions between the user and the merchant to situations where the geographic location of the user device 602 is within a threshold geographic distance from a geographic location of the merchant device 604”),
wherein the computing system determines whether a user computing device is
within the geofenced area and/or in proximity to an RF module (Rose: ¶¶ 0031 and 0063).
As per claim 19, the claimed subject matter that is met by Rose includes:
A method for contactless payment utilizing the system of claim 18 (Rose: ¶ 0010).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Rose in view of United States Patent Application Publication No. 2019/0050865 A1 to Sheets et al. (“Sheets”).
As per claims 1 and 2, the claimed subject matter that is met by Rose includes:
A contactless payment system comprising (Rose: Abstract):
a computing system comprising one or more processors for executing computer-readable instructions (Rose: Fig. 1, 108 and ¶¶ 0016-0018);
one or more databases and/or digital ledgers for storing the computer-readable instructions (Rose: Fig. 1, 110 and ¶¶ 0016-0018),
a plurality of computing devices, the plurality comprising one or more point-of-sale (POS) computer(s), one or more electronic reservation book (ERB) computer(s), and one or more payment gateway computer(s) (Rose: Fig. 1, 104 and ¶¶ 0016-0018 and 0024);
one or more networks interconnecting the computing system and the plurality of computing devices by one or more internet and/or local connections (Rose: Fig. 1, 106 and ¶¶ 0016-0018);
a user computing device in data communication with the computing system, the user computing device comprising an application (including internet browser interface) configured to (Rose: Fig. 1, 102 and ¶¶ 0016-0018):
select a venue providing the services (Rose: ¶ 0065 “ While interacting with the user application 603, the user can select the particular merchant, from a listing of merchants, with whom the user wants to enter into a card-less payment transaction”);
provide location data to the computing system (Rose: ¶ 0031, 0063 “Determining whether the user device 602 is within a threshold geographic distance of the merchant device 604 can be accomplished in different ways including, for example, determining whether the user device 602 is within a threshold geographic radius of the merchant device 604, determining whether the user device 602 is within a particular geofence, or determining whether the user device 602 can communicate with the merchant device 604 using a specified wireless technology, e.g., Bluetooth or Bluetooth low energy (BLE). In some embodiments, the card-less payment system 608 restricts card-less payment transactions between the user and the merchant to situations where the geographic location of the user device 602 is within a threshold geographic distance from a geographic location of the merchant device 604” and 0065); and
a geofence located at the [hospitality venue] for defining a geofenced area for the service and/or an RF module located at the venue for defining a proximity to the service (Rose: ¶ 0031, 0063 and 0065),
wherein the computing system determines whether a user computing device is within the geofenced area and/or in proximity to an RF module (Rose: ¶ 0031, 0063 and 0065).
Rose fails to specifically teach receive, from a user, user login credentials for the contactless payment system and perform one or more biometric authentication method(s). The Examiner provides Sheets to teach and disclose this claimed feature.
The claimed subject matter that is met by Sheets includes:
receive, from a user, user login credentials for the contactless payment system (Sheets: ¶¶ 0002, 0041 “check the credentials of the user against”, 0098 and 0100) and
perform one or more biometric authentication method(s) (Sheets: ¶¶ 0030, 0071-0074 “speaker verification may be accomplished using any voice biometric techniques, for example, prompted text independent speaker verification”, 0086 and 0098 “system for using biometrics to authenticate a user for a transaction, according to some embodiments. Various aspects of the system can be similar to those described herein with reference to embodiments that uses voice data for authentication. Aside from using just voice data for authentication, the system shown in FIG. 8 may use other types of biometrics as an alternative or in addition to voice data for authentication. In some embodiments, a combination of different biometric data can be used. Examples of biometric data that can be used may include fingerprint data, palm print data, hand geometry data, retina scan data, iris recognition data, facial recognition data, voice data, DNA data, or other types of biological data that can uniquely identify a person”).
Rose teaches a system and method for transaction processing. Sheets teaches a comparable system and method for transaction processing that was improved in the same way as the claimed invention. Sheets offers the embodiment of receive, from a user, user login credentials for the contactless payment system and perform one or more biometric authentication method(s). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the adaptation of the user credentials and biometric authentication steps as disclosed by Sheets to the system and method for transaction processing as taught by Rose for the predicted result of improved more secure systems and methods for transaction processing. No additional findings are seen to be necessary.
As per claim 3, the claimed subject matter that is met by Rose and Sheets includes:
wherein the data is stored in a database and/or digital ledger, (e.g., a blockchain database) and/or a plurality of guidelines for the computer system and/or plurality of hospitality computing devices (Rose: ¶¶ 0041-0042 and 0063 and Fig. 1, 110).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claims 1 and 2, and are incorporated herein.
As per claim 4, the claimed subject matter that is met by Rose and Sheets includes:
wherein the computer system and/or plurality of hospitality computing devices are set to a first, default guideline when the user computer device is not within the geofenced area and/or is not in proximity to an RF module, and wherein the computer system and/or plurality of hospitality computing devices are set to a second, alternate guideline when the user computer device is within the geofenced area and/or is in proximity to an RF module (Rose: ¶ 0063 “the card-less payment system 608 restricts card-less payment transactions between the user and the merchant to situations where the geographic location of the user device 602 is within a threshold geographic distance from a geographic location of the merchant device 604”).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claims 1 and 2, and are incorporated herein.
As per claim 5, the claimed subject matter that is met by Rose and Sheets includes:
wherein the data is stored in a database and/or digital ledger, (e.g., blockchain database) and/or a plurality of user states for the computer system and/or plurality of hospitality computing devices (Rose: ¶¶ 0041-0042 and 0063 and Fig. 1, 110).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claims 1 and 2, and are incorporated herein.
As per claim 6, the claimed subject matter that is met by Rose and Sheets includes:
wherein the computing system and/or plurality of hospitality computing devices are set to a first user state when the user has selected a venue providing the hospitality services and has performed one or more biometric authentication method(s), and wherein the user computing device and/or computing system are set to a second user state when the user has not performed one or more biometric authentication method(s) (Rose: ¶ 0063 and Sheets: ¶¶ 0037, 0043 and 0103).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claims 1 and 2, and are incorporated herein.
As per claim 7, the claimed subject matter that is met by Rose and Sheets includes:
wherein the computer system does not allow for the hospitality service to be rendered to the user in the second user state (where the user has not performed the required biometric authentication) (Rose: ¶ 0063 and Sheets: ¶¶ 0037, 0043 and 0103).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claims 1 and 2, and are incorporated herein.
As per claim 8, the claimed subject matter that is met by Rose and Sheets includes:
wherein the computer system and/or plurality of hospitality computing devices are set to one or more of a plurality of operational states, and wherein the operational states are selected or changed in accordance with events associated with the user computing device and/or plurality of hospitality computing devices (Rose: ¶ 0063 and Sheets: ¶¶ 0037, 0043 and 0103).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claims 1 and 2, and are incorporated herein.
As per claim 9, the claimed subject matter that is met by Rose and Sheets includes:
wherein the operational states are selected from
(i) an entry state, where the user computing device has entered the geofence or is in proximity with an RF module;
(ii) an order request state, where the user utilizes the user computing device to begin an order (optionally, by communication with the POS computer);
(iii) a pending item state, where the user has selected particular hospitality services to be rendered but has not yet placed an order;
(iv) an identified seating state, where the system and/or plurality of hospitality computing devices are updated with the seating location for the user;
(v) a payment authorization state, where the user has pre-authorized payment for the hospitality services to be rendered, but the transaction has not yet occurred (the payment authorization is optionally required before the hospitality services may be rendered);
(vi) a check request state, where the user is presented with the option to complete the transaction for the hospitality services rendered;
(vii) a payment capture state, where the user may initiate the transaction for any pre-authorized or non-previously authorized balances;
(viii) an unsuccessful payment capture state, where the initiated transaction failed;
(ix) a successful payment capture state, where the initiated transaction succeeded; and
(x) an exit state, e.g., where the user computing device has exited the geofence or is no longer in proximity with an RF module, wherein the exit state may initiate a payment capture state if the user did not pay for the rendered hospitality services prior to the exit state being set (if user leaves the venue without paying) (Rose: ¶ 0035 “users that are participating in an electronic reservation, waitlist, purchase order, or users that are identified by the first user, are automatically billed for their respective bills for their apportioned amounts due upon exiting a geofence, e.g., a geofence that defines the perimeter of the merchant”).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claims 1 and 2, and are incorporated herein.
Claims 10, 13 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Rose in view of United States Patent No. 11,023,957 B1 to Montague (“Montague”).
As per claim 10, the claimed subject matter that is met by Rose includes:
A method for contactless payment of hospitality services, comprising the steps of (Rose: Abstract and ¶ 0010):
communicating, over one or more networks, with a plurality of computing devices of a plurality of point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) providing the hospitality service (Rose: ¶¶ 0016-0018 and Fig. 1);
monitoring a location of each respective computing device of the plurality of computing devices based on location data received from a location monitor of the respective computing device (Rose: ¶¶ 0031 and 0061-0065);
determining whether to subject a respective point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer to either (i) a default set of guidelines, or (ii) an alternative set of guidelines associated with a geofenced area and/or RF module, based on the location of the respective computing device relative to the geofenced area and/or RF module (Rose: ¶ 0063 “ the card-less payment system 608 restricts card-less payment transactions between the user and the merchant to situations where the geographic location of the user device 602 is within a threshold geographic distance from a geographic location of the merchant device 604”);
receiving, over the one or more networks, indication of a location-based event from a computing device of a first user(s), the location-based event indicating a user device has entered, exited, or performed some action within the geofenced and/or RF module area (Rose: ¶ 0031, 0063 and 0065);
receiving, over the one or more networks, a second hospitality request from a computing device of a second requesting user(s), the second hospitality request indicating a request external to the geofenced area and/or RF module (Rose: ¶ 0031, 0063 and 0065); and
arranging the hospitality service for the second requesting user(s) by (i) selecting the point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s)based at least in part on a proximity of the service provider geolocation of the second hospitality request, and (ii) communicating, over the one or more networks, the set of instructions associated with the state to the selected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer (Rose: ¶ 0031, 0063 and 0065)
Rose fails to specifically teach 1.) monitoring, in real-time, a location of each respective computing device, 2.) for each subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer of the plurality of point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) that is subject to the alternative set of guidelines, input an identifier of the subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer into a state, the identifier indicating an operational state to subject the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway from a plurality of states for the geofenced area/or RF module, 3.) arranging the hospitality service for the first user(s) by (i) selecting the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer from one of the plurality of states and (ii) communicating, over the one or more networks, the set of instructions associated with the state to the selected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer. The Examiner provides Montague to teach and disclose this claimed feature.
The claimed subject matter that is met by Montague includes:
monitoring, in real-time, a location of each respective computing device (Montague: column 5, lines 9-57),
for each subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer of the plurality of point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) that is subject to the alternative set of guidelines, input an identifier of the subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer into a state, the identifier indicating an operational state to subject the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway from a plurality of states for the geofenced area/or RF module (Montague: column 22, line 57 through column 33, line 38)
arranging the hospitality service for the first user(s) by (i) selecting the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer from one of the plurality of states and (ii) communicating, over the one or more networks, the set of instructions associated with the state to the selected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer (Montague: column 22, line 57 through column 33, line 38)
Rose teaches a location based point of sale system and method. Montague teaches a comparable location based point of sale system and method that was improved in the same way as the claimed invention. Montague offers the embodiment of monitoring, in real-time, a location of each respective computing device, for each subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer of the plurality of point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) that is subject to the alternative set of guidelines, input an identifier of the subjected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer into a state, the identifier indicating an operational state to subject the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway from a plurality of states for the geofenced area/or RF module, and arranging the hospitality service for the first user(s) by (i) selecting the point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer from one of the plurality of states and (ii) communicating, over the one or more networks, the set of instructions associated with the state to the selected point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer.. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the adaptation of tracking the real-time location and state of a merchant device as disclosed by Montague to the location based point of sale system and method as taught by Rose for the predicted result of improved location based point of sale systems and methods. No additional findings are seen to be necessary.
As per claim 13, the claimed subject matter that is met by Rose and Montague includes:
determine the alternative set of guidelines by accessing a database and/or digital
ledger (e.g., blockchain database) that stores information corresponding to the geofenced area and/or RF module, the information including an identifier of a point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway computer(s) associated with the geofenced area and/or RF module (Rose: ¶¶ 0041-0042 and 0063 and Fig. 1, 110 and Montague: column 22, line 57 through column 33, line 38).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claim 10, and are incorporated herein.
As per claim 15, the claimed subject matter that is met by Rose and Montague includes:
wherein the executed set of instructions (in the alternative set of guidelines) further cause the computing system to: monitor, in real time, an operational state of a point-of-sale (POS) computer(s), electronic reservation book (ERB) computer(s), and payment gateway
computer(s), the operational state indicating at least one of (i) an entry state, e.g., after the respective user has entered a service provider geolocation associated with the geofence and/or RF module, based on the location data provided by the user device, request the point-of-sale (POS) computer to generate and/or display a touch-sensitive moveable (e.g., drag and drop) open check in a region on the GUI screen display associated with corresponding user information (e.g., a user identifier (ID) associated with the user, a digital ledger identifier (ID) associated with the user, a name, a photograph, a phone number, e-mail address, a device (ID) associated with user device, an application (ID) associated with the user application), request the point-of-sale (POS) computer to generate and display an illuminable touch-sensitive transfer check button configured as a selectable GUI widget in a region on the GUI screen display, request the electronic reservation book (ERB) computer to generate and/or display a moveable (e.g., drag and drop) reservation in a region on the GUI screen display associated with corresponding user information, request the electronic reservation book (ERB) computer to generate and/or display a moveable (e.g., drag and drop) wait list entry in a region on the GUI screen display associated with corresponding user information, (ii) an order request state, e.g., after the respective user has indicated via user input on the user application a request to start an order, request the point-of-sale (POS) computer to generate and display an identifier corresponding to an identifier associated with the moveable open check corresponding to the user in a region on the GUI screen display with a distinctive illumination treatment (e.g., highlight, flash, colored, etc.), (iii) a pending item state, e.g., after the respective user has indicated via user input on the user application one or more menu line item(s) (e.g., food, beverage, or other products or services) and/or after the respective administrative user has indicated via admin user input in the point-of-sale (POS) computer one or more menu line item(s) (e.g., food, beverage, or other products or services), request the point-of-sale (POS) computer to generate and display one or more menu line item(s) (e.g., food and beverage or other products or services) as moveable widgets (e.g., drag and drop) in a region on the moveable open check corresponding to the respective user that when selected activate one or more modifiers, (iv) an identified seating state, e.g., after the respective administrative user has moved a moveable reservation and/or wait list entry in the electronic reservation book (ERB) computer to a seating location on the GUI screen display and/or entered a location identifier (e.g., seat, table number) in the point-of-sale (POS) computer, request the point-of-sale (POS) computer to generate and display the corresponding location identifier (e.g., seat, table number) in a region on the moveable open check and/or automatically transfer the moveable open check to the seating location associated with the corresponding location identifier, (v) a payment authorization state, e.g., after the respective user has indicated via user input on the user application one or more menu line item(s) (e.g., food, beverage, or other products or services) and/or after the respective administrative user has indicated via admin user input in the point-of-sale (POS) computer one or more menu line item(s) (e.g., food, beverage, or other products or services) totaling a pre-determined authorization limit, request the payment gateway computer to authorize but not yet capture a payment amount, (vi) a check request state, e.g., after the respective user has indicated via user input on the user application a request for a check, request the point-of-sale (POS) computer to generate and display a notification and/or alert indicating a request to pay a check in a region on the moveable open check and/or request the point-of-sale (POS) computer to generate and display a touch-sensitive send payment button in a region on the moveable open check, (vii) a payment capture state, e.g., after the respective user has selected a pay button via user input on the user application request the payment gateway computer to capture the previously authorized
amount and request to authorize and capture the difference between the final total ticket amount (e.g., tax, gratuity, and any other current charges) and previously authorized amount and/or request to authorize and capture the final total ticket amount (e.g., tax, gratuity, and any other current charges) upon detecting no prior authorization, (viii) an unsuccessful payment capture state, e.g., in response to an unsuccessful final total ticket amount payment capture in the payment gateway computer, request the point-of-sale (POS) computer to generate and display a notification and/or alert in a region on the moveable open check indicating an unsuccessful payment capture and/or request for an alternate or backup payment
source (e.g., another credit card on file), (ix) a successful payment capture state, e.g., in response to a successful final total ticket amount payment capture in the payment gateway computer, request the point-of-sale (POS) computer to generate and display a notification and/or alert in a region on the moveable open check indicating a provisional electronic receipt, request the electronic reservation book (ERB) computer to generate and display a confirmed payment message for the seating location corresponding to the provisional electronic receipt in a region on the GUI screen display, (x) an exit state, e.g., after the respective user has traveled a fixed distance and/or exceeded a given time duration outside the virtual perimeter of the service provider geolocation and/or RF module with a remaining balance on a moveable open check, request the payment gateway computer to capture the previously authorized amount and request to authorize and capture the difference between the final total ticket amount (e.g., tax, gratuity, and any other current charges) and previously authorized amount and/or request to authorize and capture the final total ticket amount (e.g., tax, gratuity, and any other
current charges) upon detecting no prior authorization, request the point-of-sale (POS) computer to generate and display a notification and/or alert in a region on the moveable open check indicating a balance due message, request the point-of- sale (POS) computer to generate and display a capture payment button in a region on the moveable open check, request the point-of-sale (POS) computer to generate and display a notification and/or alert in a region on the moveable open check indicating an unsuccessful payment capture and/or request for an alternate or backup payment source (e.g., another credit card on file) in response to an unsuccessful payment capture in the payment network gateway computer, request the point-of-sale (POS) computer to generate and display a notification and/or alert in a region on the moveable open check indicating a provisional electronic receipt in response to a successful payment capture, request the point-of-sale (POS) computer to automatically close a moveable open check associated with a provisional electronic receipt, request the electronic reservation book (ERB) computer to generate and display a confirmed payment message for the seating
location corresponding to the provisional electronic receipt in a region on the GUI screen display in response to a successful payment capture, request the electronic reservation book (ERB) computer to automatically remove a reservation and/or waitlist entry associated with user information (Rose: ¶ 0031, 0063 and 0065).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claim 10, and are incorporated herein.
As per claim 16, the claimed subject matter that is met by Rose and Montague includes:
wherein the geofenced area and/or RF module corresponds to hospitality services, which can be selected from a restaurant, hotel, shopping mall, cruise ship, airline, theatre, gaming venue, stadiums, resort, theme park, and concert venue (Rose: Abstract).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claim 10, and are incorporated herein.
As per claim 17, the claimed subject matter that is met by Rose and Montague includes:
wherein the geofenced area and/or RF module corresponds to a point-of-sale (POS) computer, electronic reservation book (ERB) computer, and payment gateway computer (Rose: ¶¶ 0057 and 0062-0063).
The motivation for combining the teachings of Rose and Sheets are discussed in the rejection of claim 10, and are incorporated herein.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Rose in view of Montague as applied in claim 10, and further in view of United States Patent No. 10,820,159 B1 to Zimroni et al. (“Zimroni”).
As per claim 11, Rose and Montague fail to specifically teach for each respective user, generate a record indicating a number of instances in which the respective user(s) enter and/or exit the service provider geolocation to receive the hospitality service. The Examiner provides Zimroni to teach and disclose this claimed feature.
The claimed subject matter that is met by Zimroni includes:
for each respective user, generate a record indicating a number of instances in which the respective user(s) enter and/or exit the service provider geolocation to receive the hospitality service (Zimroni: column 6, lines 20-67)
Rose and Montague teach location tracking devices. Zimroni teaches a comparable location tracking device that was improved in the same way as the claimed invention. Zimroni offers the embodiment of for each respective user, generate a record indicating a number of instances in which the respective user(s) enter and/or exit the service provider geolocation to receive the hospitality service. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the adaptation of the specific location record tracking as disclosed by Zimroni to the location record tracking as taught by Rose and Montague for the predicted result of improved location tracking devices. No additional findings are seen to be necessary.
As per claim 12, the claimed subject matter that is met by Rose, Montague and Zimroni includes:
wherein the executed set of instructions further cause the computing system to:
for each respective user, generate a record indicating a duration of time a user(s) has remained at a seating location within the service provider geolocation.
It would have been obvious to a person of ordinary skill in the art at the time the invention was made to have recorded slightly different records based on seating location than as taught by Rose, Montague and Zimroni because merely recording slightly different records that that in the prior art would have been obvious matter of design choice. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975). Further motivation for combining the teachings of Rose, Montague and Zimroni are discussed in the rejection of claim 12, and are incorporated herein.
Claims 14 are rejected under 35 U.S.C. 103 as being unpatentable over Rose in view of Montague as applied in claim 10, and further in view of Sheets.
As per claim 14, Rose and Montague fail to specifically teach monitor, in real time, an operational state of a user application executing on each of the plurality of computing devices of each respective user, the operational state indicating at least one of (i) whether the respective user has selected a service provider and performed one or more biometric authentication method(s) to receive the hospitality service, or (ii) whether the respective user has failed to perform a successful biometric authentication method(s) to receive the hospitality service. The Examiner provides Sheets to teach and disclose this claimed feature.
The claimed subject matter that is met by Sheets includes:
monitor, in real time, an operational state of a user application executing on each of the plurality of computing devices of each respective user, the operational state indicating at least one of (i) whether the respective user has selected a service provider and performed one or more biometric authentication method(s) to receive the hospitality service, or (ii) whether the respective user has failed to perform a successful biometric authentication method(s) to receive the hospitality service (Sheets: ¶¶ 0030, 0071-0074 “speaker verification may be accomplished using any voice biometric techniques, for example, prompted text independent speaker verification”, 0086 and 0098 “system for using biometrics to authenticate a user for a transaction, according to some embodiments. Various aspects of the system can be similar to those described herein with reference to embodiments that uses voice data for authentication. Aside from using just voice data for authentication, the system shown in FIG. 8 may use other types of biometrics as an alternative or in addition to voice data for authentication. In some embodiments, a combination of different biometric data can be used. Examples of biometric data that can be used may include fingerprint data, palm print data, hand geometry data, retina scan data, iris recognition data, facial recognition data, voice data, DNA data, or other types of biological data that can uniquely identify a person”)
Rose and Montague teach location-based transaction systems and methods. Sheets teaches a comparable location-based transaction system and method that was improved in the same way as the claimed invention. Sheets offers the embodiment of monitor, in real time, an operational state of a user application executing on each of the plurality of computing devices of each respective user, the operational state indicating at least one of (i) whether the respective user has selected a service provider and performed one or more biometric authentication method(s) to receive the hospitality service, or (ii) whether the respective user has failed to perform a successful biometric authentication method(s) to receive the hospitality service. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the adaptation of the biometric authentication as disclosed by Sheets to the location-based transaction systems and methods as taught by Rose and Montague for the predicted result of improved location-based transaction systems and methods. No additional findings are seen to be necessary.
Conclusion
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/A. Hunter Wilder/Primary Examiner, Art Unit 3627
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