DETAILED ACTION
This is a Non-Final Office Action in response to Claims on 07/02/2025. Claims 1-20 are pending. The effective filling date is 07/10/2024.
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 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 abstract idea without significantly more.
Step 1- Claims 1-10 are a system, a statutory category. Claims 11-20 are a method, a statutory category. Claims 1-20 pass step 1.
Step 2A, prong 1-The independent claim 1, and similarly claim 10, recite:
receiving performance data for a physical space, the performance data comprising point-of-sale data and occupancy data (receiving information is a method of collecting information, which is a mental process under MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
receiving sensory environment data for the physical space, the sensory environment data comprising at least one of music data, lighting data, scent data, or climate data (receiving information is a method of collecting information, which is a mental process under MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
receiving control data, the control data comprising weather data and one or more collection preferences of a user (receiving information is a method of collecting information, which is a mental process under MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
generating a time-series plot comprising the performance data, the sensory environment data, and the control data (generating a plot is a way to display the results of an analysis of data, which is a mental process under MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
analyzing the time-series plot with an artificial intelligence model to generate one or more sensory adjustments to the physical space (analyzing data is a mental process, under MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)); and
executing the one or more sensory adjustments to the physical space (adjustment of a sensory feature can also be performed by a person being instructed to change a sensory feature, such as an employee turning down the thermostat, and therefore, can be grouped as managing personal behavior, such as a person following rules; under MPEP 2106.04(a)(2)(II)(C) The sub-grouping "managing personal behavior or relationships or interactions between people" include social activities, teaching, and following rules or instructions. An example of a claim reciting managing personal behavior is Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 115 USPQ2d 1636 (Fed. Cir. 2015). The patentee in this case claimed methods comprising storing user-selected pre-set limits on spending in a database, and when one of the limits is reached, communicating a notification to the user via a device. 792 F.3d. at 1367, 115 USPQ2d at 1639-40).
Therefore, independent claims 1 and 11 fail step 2A, prong 1.
.
Step 2A, Prong 2- The additional element includes a processor and a non-transitory computer-readable storage device.
This judicial exception is not integrated into a practical application because under MPEP 2106.05(f)(2) when the claim invokes computer as a tool to perform an existing process, this does not integrate the abstract idea into a judicial exception. Therefore when a processor is used to send/receive information, or analyze data, and this data is stored on a storage device, the computer element are used in their existing capacity, without showing more than this simple use. The claim limitations also do no showcase how the steps being performed would improve the functionality of a computer under MPEP 2106.05(a), which requires the steps would alter the conventional nature of the computer elements. Therefore, independent claims 1 and 11 fail step 2A, prong 2.
Step 2B-The independent claim 1, and similarly claim 11, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the elements presented are a processor and storage device, and are presented as means to implement the abstract idea, and does not present either separately or together do not provide significantly more than the abstract idea.
Dependent Claims
Claims 2-10 and 12-20, further analyze the data to make decisions about the sensory adjustments to make in the store. Based on the independent claims remain a mental process under MPEP 2106.04(a)(2)(III), for making decisions about an environment based on facts, and also a certain method of organizing human activity, under MPEP 2106.04(a)(2)(II) since it is a store following the instruction of the AI determination to alter the sensory parameters. The dependent claims do not add any additional elements, and the steps, combined with the previously presented computer elements still remain tools to perform the abstract idea under MPEP 2106.05(f), and does not showcase an improvement in how those computer elements typically functions under MPEP 2106.05(a). Therefore, the dependent claims remain ineligible.
Claim Objections
Claim 18 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 17. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 1-7, 10-16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0036448 A1 Becker et al. (hereinafter Becker).
Regarding claim 1 and 11, Becker teaches a computing system comprising:
a processor (Becker [0015] device includes a processor); and
a non-transitory computer-readable storage device storing computer-executable instructions (Becker [0030] program stored on non-transitory storage medium), the instructions operable to cause the processor to perform operations comprising:
receiving performance data for a physical space, the performance data comprising point-of-sale data and occupancy data (Becker [0032] determining sales within a store during scent and without scent);
receiving sensory environment data for the physical space, the sensory environment data comprising at least one of music data, lighting data, scent data, or climate data (Becker [0033[ a networked scent diffuser);
receiving control data, the control data comprising weather data and one or more collection preferences of a user (Becker [0032] determining sales within a store during scent and without scent; [0035] the parameter may be a setting, which is the scent preference of the store; [0036] the parameter may be a weather event);
generating a time-series plot comprising the performance data, the sensory environment data, and the control data (Becker [0334] data is being used to create flow charts; Fig. 8 showcases the tracing of fragrance levels, the settings, the scores);
analyzing the time-series plot with an artificial intelligence model to generate one or more sensory adjustments to the physical space (Becker [0334] the elements being analyzed can use artificial intelligence); and
executing the one or more sensory adjustments to the physical space (Becker [0021] control can include adjusting the scent parameter based on feedback of the storefront).
Regarding claim 2 and 12, Becker teaches the computing system of claim 1, wherein analyzing the time-series plot with the artificial intelligence model to generate one or more sensory adjustments to the physical space comprises identifying one or more causal relationships within the time-series plot (Becker [0032] determining sales within a store during scent and without scent; [0334] the elements being analyzed can use artificial intelligence; the scent level, and sales are compared based on a control with no scent, to determine the best sales and scent correlation; Fig. 8).
Regarding claim 3 and 13, Becker teaches the computing system of claim 2, wherein identifying the one or more causal relationships comprises predicting a causal relationship between the one or more sensory adjustments to the physical space and the performance data (Becker [0032] determining sales within a store during scent and without scent; [0334] the elements being analyzed can use artificial intelligence; the scent level, and sales are compared based on a control with no scent, to determine the best sales and scent correlation; Fig. 8).
Regarding claim 4 and 14, Becker teaches the computing system of claim 1, wherein the operations comprise: receiving sentiment data from a computer vision system associated with the physical space (Becker [0157] one of the detection may be of a specific person/VIP and may obtain sentiment data using facial recognition of the person in the physical store); and generating the one or more sensory adjustments to the physical space based at least in part on the sentiment data (Becker [0216] facial recognition can recognize a negative condition, to alter the scent to make a better condition).
Regarding claim 5 and 15, Becker teaches the computing system of claim 1, wherein executing the one or more sensory adjustments to the physical space comprises controlling a song selection and playback volume within the physical space (Becker [0234] the specific setting can include a specific playlist, which is specific songs for specific settings; [0091] the microcontroller of the device can include control of volume).
Regarding claim 6, Becker teaches the computing system of claim 5, wherein controlling the song selection and playback volume within the physical space comprises generating one or more real-time music compositions based on current performance, sentiment, and environmental data (Becker [0234] the specific setting can include a specific playlist, which is specific songs for specific settings; [0216] facial recognition can recognize a negative condition, to alter the scent to make a better condition).
Regarding 7 and 16, Becker teaches the computing system of claim 1, wherein executing the one or more sensory adjustments to the physical space comprises controlling a scent emitted, a rate of emission of the scent, and an amount of scent emitted (Becker [0040] the scent may be controlled by the diffusion rate, the cycle, the fand speed and the pressure of the nozzle to output more (amount)).
Regarding claim 10 and 20, Becker teaches the computing system of claim 1, wherein receiving the performance data for the physical space comprises receiving one or more of transaction information (Becker [0250] sales lift tracks sales data during a specific time and specific scent), one or more dwell times (Becker [0252] dwell time of customers tracked), customer traffic flow information, conversation information, and customer demographic information.
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 8, 9, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Becker in view of US 2023/0218225 A1 Mushtaq et al. (hereinafter Mushtaq).
Regarding claim 8, 17 and 18, Becker teaches the computing system of claim 1. Becker fails to explicitly disclose wherein executing the one or more sensory adjustments to the physical space comprises controlling one or more temperature settings within the physical space. Mushtaq is in the field of sensing physical phenomena (Mushtaq Abstract) and teaches wherein executing the one or more sensory adjustments to the physical space comprises controlling one or more temperature settings within the physical space (Mushtaq [0013] physical phenomena is monitored, and temperature, sound and light can be controlled to benefit the user). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensory adjustments of Becker with the temperature adjustments of Mushtaq. The motivation for doing so would be to alter the environment to improve user satisfactions, that when a user is more comfortable, it would improve their spending habits or relationship to the retail environment (Mushtaq [0025] improving the environment for a user based on sensed data and altering the temperature and sound).
Regarding claim 9 and 19, Becker teaches the computing system of claim 1, receiving the performance data for the physical space comprises receiving one or more of transaction information (Becker [0250] sales lift tracks sales data during a specific time and specific scent), one or more dwell times (Becker [0252] dwell time of customers tracked), customer traffic flow information, conversation information, and customer demographic information. Becker fails to explicitly disclose wherein executing the one or more sensory adjustments to the physical space comprises controlling one or more of a hue, brightness, temperature, or saturation of light sources within the physical space. Mushtaq teaches wherein executing the one or more sensory adjustments to the physical space comprises controlling one or more of a hue, brightness, temperature, or saturation of light sources within the physical space (Mushtaq [0013] physical phenomena is monitored, and temperature, sound and light can be controlled to benefit the user). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensory adjustments of Becker with the light adjustments of Mushtaq. The motivation for doing so would be to alter the environment to improve user satisfactions, that when a user is more comfortable, it would improve their spending habits or relationship to the retail environment (Mushtaq [0025] improving the environment for a user based on sensed data and altering the temperature and sound).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2019/0050049 A1 Qawami et al. teach AI management of devices (Abstract).
US 2019/0387998 A1 Garten et al. teaches association of music with human responses (Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA E SULLIVAN whose telephone number is (571)272-9501. The examiner can normally be reached M-Th; 9:00 AM-5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FAHD OBEID can be reached at (571) 270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSICA E SULLIVAN/ Examiner, Art Unit 3627
/FAHD A OBEID/ Supervisory Patent Examiner, Art Unit 3627
