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
The following non-is a final office action.
Claims 1-15 are currently pending and have been examined on their merits.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-5 recite a method (i.e. a series of steps), claims 6-10 recite an information processing apparatus, and claims 11-15 recite a non-transitory storage medium, and therefore each claim falls within one of the four statutory categories.
Step 2A prong 1 (Is a judicial exception recited?):
The representative claims 1, 6, and 11 recite: A method, generates event information about an event performed in an amusement facility, the event corresponding to information about a user of the amusement facility, (delivering) the generated event information, and the information about the user of the amusement facility includes at least one of information indicating an article of a character related to the amusement facility, information about a character or a living creature which the user likes, a time period during which the user is scheduled to stay in the amusement facility, how the user spend time in the amusement facility, information about an attraction used by the user in the amusement facility, profile information of the user, and a history of visits made by the user to the amusement facility.
The claims recite a certain method of organizing human activity. The claims are found to be considered a method of organizing human activity as they relate towards managing personal behavior or relationships or interactions between people. As the claims recite a method for generating and managing event information of a user booking a trip to an amusement facility and informing the amusement facility about a user’s profile and preferences. The method merely recites a series of steps for generating information pertaining to a user of an amusement facility and sending the information to an amusement facility.
Alternatively, the claims also recite a mental process. The claims recite merely generating information about a user of an amusement facility. The claims recite a method of generating and delivering user profile information to an amusement facility such as when a user is scheduled to visit and the user’s profile information. The examiner finds these limitations to be similar to concepts the courts have identified as being mental processes such as observations, evaluations, judgements, and opinions. Furthermore, the examiner finds that a user could mentally or with the aid of a “pen and paper” perform the steps of creating and providing user profile information.
Therefore, the examiner finds the claims to recite an abstract idea.
Step 2A Prong 2 (Is the exception integrated into a practical application?): The claims additionally recite;
Claim 1: A computer and transmitting to an amusement facility.
Claim 6: An information processing apparatus configured to provide information about an amusement facility, the information processing apparatus comprising: at least one memory storing instructions; and at least one processor executing the instructions to: transmit to an amusement facility.
Claim 20: A non-transitory storage medium storing a program for causing a computer to: transmit to an amusement facility.
However, the limitations merely amount to adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f). Merely utilizing a generic computer system to perform the claim limitations of generating and transmitting information is not an improvement in a technology or technical field. Accordingly, the 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.
Step 2B (Does the claim recite additional elements that amount to significantly more that the judicial exception?): As discussed above, the additional imitations amount to adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f). Therefore, the additional elements do not integrate the judicial exception into a practical application and do not amount to significantly more.
Claims 2-5, 7-10, and 12-15 further narrowing the abstract idea of generating event information corresponding to a user of an amusement facility.
Claims 2-5, 7-10, and 12-15 do not recite any further additional elements than those in the above discussion.
Therefore, claims 1-15 are rejected under U.S.C. 101.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 6, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Canora (US 2012/0271834).
Claims 1, 6, and 11: Canora discloses (Claim 1) a method, (Claim 6) An information processing apparatus configured to provide information about an amusement facility, the information processing apparatus comprising: at least one memory storing instructions; and at least one processor executing the instructions to: (Claim 11) A non-transitory storage medium storing a program for causing a computer to: wherein a computer generates event information about an event performed in an amusement facility, the event corresponding to information about a user of the amusement facility, the computer transmits the generated event information (Paragraph [0010-0012]; [0014]; [0033-0035]; the present invention provides a method for managing the distribution of personalization and exclusive experience enhancements. The method includes tracking which personalization or experiences visitors to a destination (e.g. an amusement park) are entitled to participate in or to receive. The method includes ranking experiences on an individual basis and storing such as individual ranked list in storage. The method involves the delivery of experiences or personalization when two or more visitors are in a delivery zone (e.g. a station on a ride that personalizes the ride, such as a character that is instructed to personalize a greeting to a visitor). After an experience is provided, a feedback loop is performed to update the recipient’s managed experience state. The system includes a profile generation module, and the module may function to create a visitor profile for each of these tracked visitors. The visitor profile may include personal information such as their name, their photograph, their birth date, and whether they have earned a special status. The profile may include purchase information such as if they have paid more to be treated as a preferred customer. A history may be associated with these entitlements that may be used in later decisions regarding which visitors should next receive an experience or personalization. For example, the history may include a count of the number of times the visitor has received or missed an opportunity when eligible),
and the information about the user of the amusement facility includes at least one of information indicating an article of a character related to the amusement facility, information about a character or a living creature which the user likes, a time period during which the user is scheduled to stay in the amusement facility, how the user spend time in the amusement facility, information about an attraction used by the user in the amusement facility, profile information of the user, and a history of visits made by the user to the amusement facility (Paragraph [0010-0012]; [0014]; [0033-0035]; the present invention provides a method for managing the distribution of personalization and exclusive experience enhancements. The method includes tracking which personalization or experiences visitors to a destination (e.g. an amusement park) are entitled to participate in or to receive. The method includes ranking experiences on an individual basis and storing such as individual ranked list in storage. The method involves the delivery of experiences or personalization when two or more visitors are in a delivery zone (e.g. a station on a ride that personalizes the ride, such as a character that is instructed to personalize a greeting to a visitor). After an experience is provided, a feedback loop is performed to update the recipient’s managed experience state. The system includes a profile generation module, and the module may function to create a visitor profile for each of these tracked visitors. The visitor profile may include personal information such as their name, their photograph, their birth date, and whether they have earned a special status. The profile may include purchase information such as if they have paid more to be treated as a preferred customer. A history may be associated with these entitlements that may be used in later decisions regarding which visitors should next receive an experience or personalization. For example, the history may include a count of the number of times the visitor has received or missed an opportunity when eligible).
Therefore, claim 1, 6, and 11 are rejected under U.S.C. 102.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-5, 7-10, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canora (US 2012/0271834) in view of Heaven (US 2017/0169449).
Claims 2, 7, and 12: Canora discloses the method as per claim 1, the information processing apparatus according as per claim 6, and the non-transitory storage medium as per claim 11. However, Canora does not disclose wherein the computer generates the event information corresponding to at least one of weather of a day on which the user uses the amusement facility and a date on which the user uses the amusement facility.
In the same field of endeavor of managing a user’s experience at an amusement facility Heaven teaches wherein the computer generates the event information corresponding to at least one of weather of a day on which the user uses the amusement facility and a date on which the user uses the amusement facility (Paragraph [0010-0011]; [0073]; [0083] the mobile application determines or sets one or more preselected rides for the user. The user profile may contain information identifying the types of rides most enjoyed by the user, characteristics of the user, previously stored rides indicated by the user as desirable, etc. Using the information in the user profile, the mobile application may automatically choose a predetermined set of rides for the user. The selection may be based upon any of a variety of information in addition to the user profile information, such as time expected to be spent in the park, time of day visiting the park, expected weather during the visit to the park, whether the user is visiting the park during a particular time of the year, etc.).
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the system of managing a user profile to determine a user’s preferences and interests at an amusement facility as disclosed by Canora with the system of wherein the computer generates the event information corresponding to at least one of weather of a day on which the user uses the amusement facility and a date on which the user uses the amusement facility as taught by Heaven (Heaven [0073]). With the motivation of helping to personalize and manage a user’s experience at an amusement facility (Heaven [0006]).
Claims 3, 8, and 13: Canora discloses the method as per claim 1, the information processing apparatus according as per claim 6, and the non-transitory storage medium as per claim 11. However, Canora does not disclose wherein the computer specifies an article corresponding to an answer of the user to a questionnaire related to the generated event information, and the computer transmits information about the specified article.
In the same field of endeavor of managing a user’s experience at an amusement facility Heaven teaches wherein the computer specifies an article corresponding to an answer of the user to a questionnaire related to the generated event information, and the computer transmits information about the specified article (Paragraph [0010-0011]; [0073]; [0080-0081] the mobile application determines or sets one or more preselected rides for the user. The user profile may contain information identifying the types of rides most enjoyed by the user, characteristics of the user, previously stored rides indicated by the user as desirable, etc. The mobile application determines a type of guest representative of the user. This may be accomplished by querying the user to answer one or more questions. In another embodiment, a plurality of guest types may be defined and shown to the user for user self-identification and selection. After determining the type of guest, operation continues to determine the amount of time expected that the user will be available to participate in the various attraction by querying a user to answer one or more questions (e.g. expected time to enter the park, expected time to exit the park, how many meals are expected, etc.)).
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the system of managing a user profile to determine a user’s preferences and interests at an amusement facility as disclosed by Canora with the system of wherein the computer specifies an article corresponding to an answer of the user to a questionnaire related to the generated event information, and the computer transmits information about the specified article as taught by Heaven (Heaven [0080]). With the motivation of helping to personalize and manage a user’s experience at an amusement facility (Heaven [0006]).
Claims 4, 9, and 14: Canora discloses the method as per claim 1, the information processing apparatus according as per claim 6, and the non-transitory storage medium as per claim 11. However, Canora does not disclose wherein the computer associates a point that can be used to purchase an article sold by the amusement facility with identification information of the user who has participated in the event indicated by the generated event information and registers the associated information.
In the same field of endeavor of managing a user’s experience at an amusement facility Heaven teaches wherein the computer associates a point that can be used to purchase an article sold by the amusement facility with identification information of the user who has participated in the event indicated by the generated event information and registers the associated information (Paragraph [0010-0011]; [0073]; [0097]; [0105] the mobile application determines or sets one or more preselected rides for the user. The user profile may contain information identifying the types of rides most enjoyed by the user, characteristics of the user, previously stored rides indicated by the user as desirable, etc. In one embodiment, the system may be configured to offer purchasing options to guests via the one or more guest interfaces. Via the one or more guest interfaces, guests may be provided with options to purchase photographs and/or videos, customized souvenirs, and/or any of a variety of other items sold throughout the park).
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the system of managing a user profile to determine a user’s preferences and interests at an amusement facility as disclosed by Canora with the system of wherein the computer associates a point that can be used to purchase an article sold by the amusement facility with identification information of the user who has participated in the event indicated by the generated event information and registers the associated information as taught by Heaven (Heaven [0097]). With the motivation of helping to personalize and manage a user’s experience at an amusement facility (Heaven [0006]).
Claims 5, 10, and 15: Canora discloses the method as per claim 1, the information processing apparatus according as per claim 6, and the non-transitory storage medium as per claim 11. However, Canora does not disclose wherein the computer generates map information including information about a location of the event indicated by the generated event information, and the computer transmits the generated map information.
In the same field of endeavor of managing a user’s experience at an amusement facility Heaven teaches wherein the computer generates map information including information about a location of the event indicated by the generated event information, and the computer transmits the generated map information (Paragraph [0010-0011]; [0073]; [0084-0086] the mobile application determines or sets one or more preselected rides for the user. The user profile may contain information identifying the types of rides most enjoyed by the user, characteristics of the user, previously stored rides indicated by the user as desirable, etc. In another example, a map may be displayed to the user with a graphical indication showing a travel path for the user. A map is shown on the display screen and includes a travel path or indication for navigating the user through the sequence of rides during their visit).
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the system of managing a user profile to determine a user’s preferences and interests at an amusement facility as disclosed by Canora with the system of wherein the computer generates map information including information about a location of the event indicated by the generated event information, and the computer transmits the generated map information as taught by Heaven (Heaven [0084]). With the motivation of helping to personalize and manage a user’s experience at an amusement facility (Heaven [0006]).
Therefore, claim 2-5, 7-10, and 12-15 are rejected under U.S.C. 103.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Burke (US 2005/0045710) Amusement park system.
Puglisi (US 2023/0316440) Guest facing information management system and methods.
Mardirosssian (US 2007/0168390) Amusement park management.
Mendelsohn (US 2008/0221998) Participant interaction with entertainment in real and virtual environment.
Weston (US 2019/0318539) Smart tracking system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COREY RUSS whose telephone number is (571)270-5902. The examiner can normally be reached on M-F 7:30-4:30.
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, Lynda Jasmin can be reached on 5712726782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COREY RUSS/Primary Examiner, Art Unit 3629