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 .
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.
Priority/Benefit
Applicant’s benefit claim is hereby acknowledged as a continuation of 17/970,786, PAT 12316638, filed 10/21/2022.
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 1-20 are rejected on the ground of nonstatutory Obviousness-Type double patenting as being unpatentable over claims 1-20 of Patent No. 12,316,638. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the claim(s) of the instant application is fully disclosed and covered by the Patent No. 12,316,638.
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
19/218,569
12316638 (17/970,786)
1. A method comprising:
receiving, by a processing system including at least one processor, a reservation from at least one endpoint device associated with at least one user as an authorized visitor to a premises, wherein the reservation comprises a request to access a first plurality of functions that is available for future use at the premises;
obtaining, by the processing system, at least one user profile of the at least one user, wherein the at least one user profile indicates at least a second plurality of functions associated with the at least one user, wherein each function of the first plurality of functions and of the second plurality of functions has a maximum available function level;
obtaining, by the processing system, a visitor profile associated with the premises, the visitor profile defining permitted function levels for one or more functions from among the first plurality of functions that the at least one user is permitted to access;
selecting, by the processing system, a set of shared functions at the premises based on the at least one user profile and the visitor profile, the set of shared functions including at least a first function of the first plurality of functions and at least a second function of the second plurality of functions;
selecting, by the processing system, a set of function levels for the set of shared functions at the premises in accordance with the at least one user profile and the visitor profile; and
activating, by the processing system, the set of shared functions at the premises for the at least one user in accordance with the set of function levels.
1. A method comprising:
detecting, by a processing system including at least one processor, a presence of at least one endpoint device associated with at least one user as an authorized visitor to a premises, wherein a first plurality of functions is available for use by the at least one user at the premises;
obtaining, by the processing system, at least one user profile of the at least one user, wherein the at least one user profile indicates at least a second plurality of functions associated with the at least one user, wherein each function of the first plurality of functions and of the second plurality of functions has a maximum available function level;
obtaining, by the processing system, a visitor profile associated with the premises, the visitor profile defining permitted function levels for one or more functions from among the first plurality of functions that the at least one user is permitted to access;
selecting, by the processing system, a set of shared functions at the premises based on the at least one user profile and the visitor profile, the set of shared functions including at least a first function of the first plurality of functions and at least a second function of the second plurality of functions;
selecting, by the processing system, a set of function levels for the set of shared functions at the premises in accordance with the at least one user profile and the visitor profile; and
activating, by the processing system, the set of shared functions at the premises for the at least one user in accordance with the set of function levels.
2. The method of claim 1, wherein the at least the first function of the first plurality of functions has a first plurality of available function levels, and wherein a permitted function level of the at least the first function is a lesser function level than the maximum available function level of the at least the first function.
2. The method of claim 1, wherein the at least the first function of the first plurality of functions has a first plurality of available function levels, and wherein a permitted function level of the at least the first function is a lesser function level than the maximum available function level of the at least the first function.
3. The method of claim 2, wherein the at least the first function comprises a physical device or a network-based service.
3. The method of claim 2, wherein the at least the first function comprises a physical device or a network-based service.
4. The method of claim 2, further comprising:
identifying that the at least the first function is usable in connection with the at least the second function of the second plurality of functions, wherein the at least one user profile defines a permitted function level of the at least the second function;
determining a discrepancy between the permitted function level of the at least the first function and the permitted function level of the at least the second function; and
transmitting a notification to the at least one endpoint device of the at least one user of the discrepancy.
4. The method of claim 2, further comprising:
identifying that the at least the first function is usable in connection with the at least the second function of the second plurality of functions, wherein the at least one user profile defines a permitted function level of the at least the second function;
determining a discrepancy between the permitted function level of the at least the first function and the permitted function level of the at least the second function; and
transmitting a notification to the at least one endpoint device of the at least one user of the discrepancy.
5. The method of claim 4, wherein the at least the first function comprises at least one of: a television, a computing device, a gaming device, or a sound system, and wherein the at least the second function comprises at least one of: a network-based streaming service or a network-based gaming service.
5. The method of claim 4, wherein the at least the first function comprises at least one of: a television, a computing device, a gaming device, or a sound system, and wherein the at least the second function comprises at least one of: a network-based streaming service or a network-based gaming service.
6. The method of claim 4, wherein the at least the first function comprises at least one of: a network-based streaming service, a network-based gaming service, or an internet access service, and wherein the at least the second function comprises at least one of: a mobile computing device or a gaming device.
6. The method of claim 4, wherein the at least the first function comprises at least one of: a network-based streaming service, a network-based gaming service, or an internet access service, and wherein the at least the second function comprises at least one of: a mobile computing device or a gaming device.
7. The method of claim 4, further comprising:
obtaining, from the at least one endpoint device of the at least one user, a request to increase the permitted function level of the at least the first function.
7. The method of claim 4, further comprising:
obtaining, from the at least one endpoint device of the at least one user, a request to increase the permitted function level of the at least the first function.
8. The method of claim 7, further comprising:
transmitting, to a controlling entity of the premises, the request to increase the permitted function level of the at least the first function; and
obtaining, from the controlling entity of the premises, an authorization to increase the permitted function level of the at least the first function.
8. The method of claim 7, further comprising:
transmitting, to a controlling entity of the premises, the request to increase the permitted function level of the at least the first function; and
obtaining, from the controlling entity of the premises, an authorization to increase the permitted function level of the at least the first function.
9. The method of claim 7, further comprising:
increasing the permitted function level of the at least the first function in accordance with the request.
9. The method of claim 7, further comprising:
increasing the permitted function level of the at least the first function in accordance with the request.
10. The method of claim 9, wherein the increasing comprises:
transmitting, to a network-based computing system associated with the at least the first function, a request to increase the permitted function level of the at least the first function.
10. The method of claim 9, wherein the increasing comprises:
transmitting, to a network-based computing system associated with the at least the first function, a request to increase the permitted function level of the at least the first function.
11. The method of claim 4, further comprising:
obtaining, from the at least one endpoint device of the at least one user, a request to increase the permitted function level of the at least the second function.
11. The method of claim 4, further comprising:
obtaining, from the endpoint device of the at least one user, a request to increase the permitted function level of the at least the second function.
12. The method of claim 11, further comprising:
increasing the permitted function level of the at least the second function in accordance with the request.
12. The method of claim 11, further comprising:
increasing the permitted function level of the at least the second function in accordance with the request.
13. The method of claim 12, wherein the increasing comprises:
transmitting, to a network-based computing system associated with the at least the second function, a request to increase the available function level of the at least the second function.
13. The method of claim 12, wherein the increasing comprises:
transmitting, to a network-based computing system associated with the at least the second function, a request to increase the available function level of the at least the second function.
14. The method of claim 1, wherein the at least one user profile comprises at least two user profiles of at least two users.
14. The method of claim 1, wherein the at least one user profile comprises at least two user profiles of at least two users.
15. The method of claim 14, wherein the set of shared functions includes at least one function in accordance with a first user profile of the at least two user profiles and at least one function in accordance with a second user profile of the at least two user profiles.
15. The method of claim 14, wherein the set of shared functions includes at least one function in accordance with a first user profile of the at least two user profiles and at least one function in accordance with a second user profile of the at least two user profiles.
16. The method of claim 15, wherein the at least one function in accordance with the first user profile comprises at least one of: a mobile computing device or a gaming device, wherein the at least one function in accordance with the second user profile comprises at least one of: a network-based streaming service or a network-based gaming service, and wherein the activating the set of shared functions comprises enabling access to content of the network-based streaming service or the network-based gaming service via at least one of: the mobile computing device or the gaming device.
16. The method of claim 15, wherein the at least one function in accordance with the first user profile comprises at least one of: a mobile computing device or a gaming device, wherein the at least one function in accordance with the second user profile comprises at least one of: a network-based streaming service or a network-based gaming service, and wherein the activating the set of shared functions comprises enabling access to content of the network-based streaming service or the network-based gaming service via at least one of: the mobile computing device or the gaming device.
17. The method of claim 14, further comprising:
identifying that the at least one function in accordance with the first user profile is usable in connection with the at least one function in accordance with the second user profile, wherein the first user profile defines a first permitted function level of the at least one function in accordance with the first user profile, wherein the second user profile defines a second permitted function level of the at least one function in accordance with the second user profile;
determining a discrepancy between the first permitted function level and the second permitted function level; and
transmitting a notification to the at least one endpoint device of the at least one user of the discrepancy.
17. The method of claim 14, further comprising:
identifying that the at least one function in accordance with the first user profile is usable in connection with the at least one function in accordance with the second user profile, wherein the first user profile defines a first permitted function level of the at least one function in accordance with the first user profile, wherein the second user profile defines a second permitted function level of the at least one function in accordance with the second user profile;
determining a discrepancy between the first permitted function level and the second permitted function level; and
transmitting a notification to the at least one endpoint device of the at least one user of the discrepancy.
18. The method of claim 1, wherein the at least one user profile is obtained from a network-based computing system that maintains a plurality of user profiles for a plurality of users, wherein the at least one user profile is associated with the at least one endpoint device associated with the at least one user.
18. The method of claim 1, wherein the at least one user profile is obtained from a network-based computing system that maintains a plurality of user profiles for a plurality of users, wherein the at least one user profile is associated with the at least one endpoint device associated with the at least one user.
19. A non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor when deployed in a communication network, cause the processing system to perform operations, the operations comprising:
receiving a reservation from at least one endpoint device associated with at least one user as an authorized visitor to a premises, wherein the reservation comprises a request to access a first plurality of functions that is available for future use at the premises;
obtaining at least one user profile of the at least one user, wherein the at least one user profile indicates at least a second plurality of functions associated with the at least one user, wherein each function of the first plurality of functions and of the second plurality of functions has a maximum available function level;
obtaining a visitor profile associated with the premises, the visitor profile defining permitted function levels for one or more functions from among the first plurality of functions that the at least one user is permitted to access;
selecting a set of shared functions at the premises based on the at least one user profile and the visitor profile, the set of shared functions including at least a first function of the first plurality of functions and at least a second function of the second plurality of functions;
selecting a set of function levels for the set of shared functions at the premises in accordance with the at least one user profile and the visitor profile; and
activating the set of shared functions at the premises for the at least one user in accordance with the set of function levels.
19. A non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor when deployed in a communication network, cause the processing system to perform operations, the operations comprising:
detecting a presence of at least one endpoint device associated with at least one user as an authorized visitor to a premises, wherein a first plurality of functions is available for use by the at least one user at the premises;
obtaining at least one user profile of the at least one user, wherein the at least one user profile indicates at least a second plurality of functions associated with the at least one user, wherein each function of the first plurality of functions and of the second plurality of functions has a maximum available function level;
obtaining a visitor profile associated with the premises, the visitor profile defining permitted function levels for one or more functions from among the first plurality of functions that the at least one user is permitted to access;
selecting a set of shared functions at the premises based on the at least one user profile and the visitor profile, the set of shared functions including at least a first function of the first plurality of functions and at least a second function of the second plurality of functions;
selecting a set of function levels for the set of shared functions at the premises in accordance with the at least one user profile and the visitor profile; and
activating the set of shared functions at the premises for the at least one user in accordance with the set of function levels.
20. An apparatus comprising:
a processing system including at least one processor; and
a computer-readable medium storing instructions which, when executed by the processing system, cause the processing system to perform operations, the operations comprising:
receiving a reservation from at least one endpoint device associated with at least one user as an authorized visitor to a premises, wherein the reservation comprises a request to access a first plurality of functions that is available for future use at the premises;
obtaining at least one user profile of the at least one user, wherein the at least one user profile indicates at least a second plurality of functions associated with the at least one user, wherein each function of the first plurality of functions and of the second plurality of functions has a maximum available function level;
obtaining a visitor profile associated with the premises, the visitor profile defining permitted function levels for one or more functions from among the first plurality of functions that the at least one user is permitted to access;
selecting a set of shared functions at the premises based on the at least one user profile and the visitor profile, the set of shared functions including at least a first function of the first plurality of functions and at least a second function of the second plurality of functions;
selecting a set of function levels for the set of shared functions at the premises in accordance with the at least one user profile and the visitor profile; and
activating the set of shared functions at the premises for the at least one user in accordance with the set of function levels.
20. An apparatus comprising:
a processing system including at least one processor; and
a computer-readable medium storing instructions which, when executed by the processing system, cause the processing system to perform operations, the operations comprising:
detecting a presence of at least one endpoint device associated with at least one user as an authorized visitor to a premises, wherein a first plurality of functions is available for use by the at least one user at the premises;
obtaining at least one user profile of the at least one user, wherein the at least one user profile indicates at least a second plurality of functions associated with the at least one user, wherein each function of the first plurality of functions and of the second plurality of functions has a maximum available function level;
obtaining a visitor profile associated with the premises, the visitor profile defining permitted function levels for one or more functions from among the first plurality of functions that the at least one user is permitted to access;
selecting a set of shared functions at the premises based on the at least one user profile and the visitor profile, the set of shared functions including at least a first function of the first plurality of functions and at least a second function of the second plurality of functions;
selecting a set of function levels for the set of shared functions at the premises in accordance with the at least one user profile and the visitor profile; and
activating the set of shared functions at the premises for the at least one user in accordance with the set of function levels.
Priority/Benefit
Applicant’s benefit claim is hereby acknowledged as a continuation of 17/970,786, now PAT 12316638, filed on 10/21/2022.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Applying the subject matter eligibility test, as outlined in MPEP 2106:
Step 1: Statutory Category
The claims fall within a statutory category. Claims 1-18 are considered “processes” based claims and claims 19-20 are considered “machines”. Both machines and processes are members of the statutory categories. Thus, the analysis moves towards step 2A, prong one of the subject matter eligibility test.
Step 2A, Prong One: Judicial Exception
The claims recite a judicial exception, specifically an abstract idea. For example, claims 1, 19 and 20 recite the steps of:
“receiving, … a reservation …”
“…obtaining, … at least one user profile of the at least one user…”
“obtaining, … a visitor profile associated with the premises, the visitor profile defining permitted function levels for one or more functions from among the first plurality of functions that the at least one user is permitted to access”
“selecting, … a set of shared functions at the premises …”
“selecting, … a set of function levels for the set of shared functions at the premises in accordance with the at least one user profile and the visitor profile”
“activating, … the set of shared functions …”
The steps performing amount to an abstract idea which falls under a judicial exception (Step 2A, Prong 1, of Subject Matter Eligibility). Abstract ideas falls in the category. The abstract idea falls in the categories of a organizing human activity, for managing personal behavior or relationships or interactions between people.. For example, the courts found that the claim “related to system to monitor access to protected health information in which a rule is created, an audit log is compared with the rule, and a notification is provided if rule is fulfilled”, was directed to an abstract idea of detecting misuse in a computer environment based on analysis log files, while also finding that the claims simply automated a process that was commonly performed without computers in the past. Furthermore, the court found that the claims simply related to the collection and analysis of data is an abstract idea in which there is not inventive concept, and there are no details in the claim that describe an improvement to existing computer technology, Fairwarning IP, LLC v. Iatric Sys, Inc., No. 15-1985 (Fed. Cir. 2016). Thus, the analysis moves towards step 2A, prong two.
Step 2A, Prong Two: Integration into a Practical Application
The claims as a whole do not integrate the judicial exception into a practical application. The judicial exception in claim 1 is not integrated into practical because the generically recited elements:
…a processing system including at least one processor …
…a communication network …
…a computer-readable medium …
do not add meaningful limitation to an abstract idea because they amount to simply implementing the abstract idea on a generic computer. Accordingly, the claim does not integrate the recited mathematical concepts into a practical application. Thus, the analysis moves towards step 2B.
Step 2B: Inventive concept
The claims do not recite an inventive concept that transforms the abstract idea into a patent-eligible application. The claim do not include additional elements that are sufficient to amount to significantly more than the judicial exception because simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer function that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 573 U.S. at 225, 110 USPQ2d at 1984.
Thus, the analysis concludes is ineligible under 35 U.S.C. § 101 as it is directed to a judicial exception.
Claims 2-18 merely add details to the generic off-shelf components that were already disclosed in claims 1, 8 and 15, but do not alter the outcome of the analysis above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bates US 2019/0310820 A1: Bates discloses a system for premises location- dependent access control to levels of functions by an authorized user device at a premises based on a user profile and a guest profile (see esp. [0022]-[0025]).
James et al., US 2021/0144150 A1: James discloses a system for premises location-dependent access control to levels of functions based on user profiles (see esp. [0020], [0024], [0033], [0036]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MENG LI whose telephone number is (571)272-8729. The examiner can normally be reached M-F 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Lagor can be reached on (571) 270-5143. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MENG LI/
Primary Examiner, Art Unit 2437
Prosecution Insights