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 .
DETAILED ACTION
1. This is a first non-final Office Action on the merits for application 19284749. Claims 1-14 are pending examination.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 07/30/2025, 10/07/2025, 01/27/2026, 02/05/2026, 03/11/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
3. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-14 of US Application No. 18512243 and 1-14 of US Application No. 18512225 and claim(s) 1-10 of US Application No. 18825625. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform the same method steps and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other inventions.
Application number: 19284749
1. A visit promotion apparatus comprising:at least one memory configured to store instructions, andat least one processor configured to execute the instructions to:acquire captured images in which a user is captured at a plurality of points;cause an authentication apparatus to perform face authentication based on the user's face area or facial feature information extracted from the captured images;in a case where the face authentication is successful, record information indicating a point where the face authentication is successful;display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; anddisplay payment history of the user corresponding to the visited point.
Copending application number: 18512243
1. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images and cause an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutput a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points
Copending application number: 185122251. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed;
extract facial feature information from a face area of the captured images and cause an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
Copending application number: 18825625
1.A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a face of a user is photographed at a plurality of points; extract the user's face area or facial feature information from the captured images and cause an authentication apparatus to perform face authentication; generate a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmit the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
7. A visit promotion method comprising: acquiring captured images in which a user is captured at a plurality of points; causing an authentication apparatus to perform face authentication based on the user's face area or facial feature information extracted from the captured images;inacase where the face authenticationissuccessful, recordinginformation indicating a point where the face authentication is successful;displaying one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; anddisplaying payment history of the user corresponding to the visited points.
7. A visit promotion system comprising: a prescribed photographing device configured to take images including a user's face area; a visit promotion apparatus configured to be able to communicate with the prescribed photographing device; andan authentication apparatus configured to store registered facial feature information in a database and be able to communicate with the visit promotion apparatus, wherein the visit promotion apparatus includes:at least one memory configured to store instructions, and at least one processor configured to execute the instructions to:acquire captured images of the user who has been photographed by the prescribed photographing device;extract facial feature information from a face area of the captured images and cause the authentication apparatus to perform face authentication by comparing the extracted facial feature information with the registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutput a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
7. A visit promotion system comprising: a prescribed photographing device configured to take images including a user's face area; a visit promotion apparatus configured to be able to communicate with the prescribed photographing device; and an authentication apparatus configured to store registered facial feature information in a database and be able to communicate with the visit promotion apparatus, wherein the visit promotion apparatus includes: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire the captured images of the user who has been photographed by the prescribed photographing device;extract facial feature information from a face area of the captured images and cause the authentication apparatus to perform face authentication by comparing the extracted facial feature information with the registered facial feature information stored in the database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
3. A visit promotion system comprising: a prescribed photographing device configured to take images including a user's face area; a visit promotion apparatus configured to be able to communicate with the prescribed photographing device; and an authentication apparatus configured to store the user's facial feature information and be able to communicate with the visit promotion apparatus, wherein the visit promotion apparatus includes: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire the captured images of a face of the user who has been photographed by the prescribed photographing device at a plurality of points; extract the user's face area or facial feature information from the captured images and cause the authentication apparatus to perform face authentication; generate a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmit the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
9. A visit promotion method performed by a computer, the visit promotion method comprising: acquiring captured images in which a user is photographed; extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identifying a plurality of points visited by the user based on the face authentication;identifying, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
9. A visit promotion method comprising the steps performed by a computer, the visit promotion method comprising: of:acquiring captured images in which a user is photographed;
extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identifying a plurality of points visited by the user based on the face authentication;
identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
5. A visit promotion method performed by a computer, the visit promotion method comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting the user's face area or facial feature information from the captured images and causing an authentication apparatus to perform face authentication; generating a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmitting information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
10. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: acquiring captured images in which a user is photographed;extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identifying a plurality of points visited by the user based on the face authentication;identifying, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: acquiring captured images in which a user is photographed;
extracting facial feature information from a face area of the captured images and causing an authentication apparatus to perform face authentication comparing the extracted facial feature information with registered facial feature information stored in a database;
identifying a plurality of points visited by the user based on the face authentication;
identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
6. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute operations comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting the user's face area or facial feature information from the captured images and causing an authentication apparatus to perform face authentication; generating a composite image e in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmitting information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
11. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images; perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutput a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
11. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a user is photographed; extract facial feature information from a face area of the captured images; perform face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
output a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
7. A visit promotion apparatus comprising: at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire captured images in which a face of a user is photographed at a plurality of points; extract a face area or facial feature information from the captured images; perform face authentication based on the face area or the facial feature information; generate a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmit the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
13. A non-transitory computer-readable recording medium storing a program executable by a computer to perform processing comprising: acquiring captured images in which a user is captured at a plurality of points;causing an authentication apparatus to perform face authentication based on the user's face area or facial feature information extracted from the captured images;in a case where the face authentication is successful, recording information indicating a point where the face authentication is successful;displaying one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; anddisplaying payment history of the user corresponding to the visited points.
13. A visit promotion method comprising the steps performed by a computer, the visit promotion method comprising: acquiring captured images in which a user is photographed; extracting a face area or facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identify a plurality of points visited by the user based on the face authentication;identify, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
13. A visit promotion method comprising the steps performed by a computer , the visit promotion method comprising:
acquiring captured images in which a user is photographed;
extracting a face area or facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identify a plurality of points visited by the user based on the face authentication;
identify, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
9. A visit promotion method comprising performed by a computer, the visit promotion method comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting a face area or facial feature information from the captured images; performing face authentication based on the face area or the facial feature information; generating a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmitting information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
14. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute: acquiring captured images in which a user is photographed; extracting facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;identifying a plurality of points visited by the user based on the face authentication;identifying, based on a payment history of the user, amounts of payment at each of the plurality of points; andoutputting a notification indicating a benefit is available to the user when the payment history indicates payments of at least a prescribed amount were made at a prescribed number or more of the plurality of points.
14. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute:
acquiring captured images in which a user is photographed;
extracting facial feature information from a face area of the captured images; performing face authentication by comparing the extracted facial feature information with registered facial feature information stored in a database;
identifying a plurality of points visited by the user based on the face authentication;
identifying, based on a payment history of the user, a total amount of payment at the plurality of points; and
outputting a notification indicating a benefit is available to the user when the total amount of payment is greater than or equal to a prescribed amount.
10. A non-transitory computer-readable medium storing a visit promotion program for causing a computer to execute operations comprising: acquiring captured images in which a face of a user is photographed at a plurality of points; extracting a face area or facial feature information from the captured images; performing face authentication based on the face area or the facial feature information; generating a composite image in response to satisfying a prescribed image generation condition based on the performed face authentication, wherein the composite image includes the captured image photographed at each of the plurality of points; transmitting the generated composite image to a prescribed display terminal; and when the prescribed image generation condition is not satisfied at points where the face authentication is successful, transmit information indicating which points the user has visited already at the current time point, which points should be visited to satisfy the prescribed image generation condition and the number of points necessary to satisfy the prescribed image generation condition to the prescribed display terminal.
As to the dependent claims:
Instant claim 2 of application number 19284749 is fully disclosed in claim 2 of the copending application numbers 18512243 and 18512225, and limitations presented in claim 2 of application number 18512225 is an obvious variation presented in the additional limitations of claim 1 of application 17639002.
Instant claim 3 of application number 19284749 is fully disclosed in claim 3 of the copending application numbers 18512243, and 18512225.
Instant claim 4 of application number 19284749 is fully disclosed in claim 4 of the copending application numbers 18512243, and 18512225.
Instant claim 5 of application number 19284749 is fully disclosed in claim 5 of the copending application numbers 18512243, and 18512225.
Instant claim 6 of application number 19284749 is fully disclosed in claim 6 of the copending application numbers 18512243, and 18512225.
Instant claim 8 of application number 19284749 is fully disclosed in claim 8 of the copending application numbers 18512243, and 18512225, and limitations presented in claim 8 of application number 18512225 is an obvious variation presented in the additional limitations of claim 7 of application 17639002.
Instant claim 12 of application number 19284749 is fully disclosed in claim 12 of the copending application numbers 18512243, and 18512225.
It would have been obvious to one having ordinary skill in the art to make the changes above in order to cover slightly broader limitations. Furthermore, the claimed elements perform the same function as before. Furthermore, there is no apparent reason why applicant would be prevented from presenting claims corresponding to those of the instant application in the other copending application.
It would have been obvious to one having ordinary skill in the art to make the changes above in order to cover slightly broader limitations. Furthermore, the claimed elements perform the same function as before. Furthermore, there is no apparent reason why applicant would be prevented from presenting claims corresponding to those of the instant application in the other copending application.
Claim Rejections - 35 USC § 101
4. 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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 7 is/are drawn to method (i.e., a process), claim(s) 1 is/are drawn to a system (i.e., a machine/manufacture), and claim(s) 14 is/are drawn to non-transitory computer readable medium (i.e., a machine/manufacture). As such, claims 1, 7, and 14 is/are drawn to one of the statutory categories of invention.
Claims 1-14 are directed to acquire captured images and extract users facial features and display payment history based on authentication being successful. Specifically, claim(s) 1, 7, and 14 recite(s) acquire captured images in which a user is captured at a plurality of points; cause an authentication apparatus to perform face authentication based on the user's face area or facial feature information extracted from the captured images; in a case where the face authentication is successful, record information indicating a point where the face authentication is successful; display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; and display payment history of the user corresponding to the visited point, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and grouped as following:
acquire captured images in which a user is captured at a plurality of points; cause an authentication apparatus to perform face authentication based on the user's face area or facial feature information extracted from the captured images; and display payment history of the user corresponding to the visited point; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
in a case where the face authentication is successful, record information indicating a point where the face authentication is successful; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as apparatus, non transitory computer readable medium, processor, memory merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the apparatus, non transitory computer readable medium, processor, memory perform(s) the steps or functions of acquire captured images in which a user is captured at a plurality of points; cause an authentication apparatus to perform face authentication based on the user's face area or facial feature information extracted from the captured images; in a case where the face authentication is successful, record information indicating a point where the face authentication is successful; display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; and display payment history of the user corresponding to the visited point. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a apparatus, non transitory computer readable medium, processor, memory to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of acquire captured images and extract users facial features and display payment history based on authentication being successful. As discussed above, taking the claim elements separately, the apparatus, non transitory computer readable medium, processor, memory perform(s) the steps or functions of acquire captured images in which a user is captured at a plurality of points; cause an authentication apparatus to perform face authentication based on the user's face area or facial feature information extracted from the captured images; in a case where the face authentication is successful, record information indicating a point where the face authentication is successful; display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; and display payment history of the user corresponding to the visited point. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of acquire captured images and extract users facial features and display payment history based on authentication being successful. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-6, and 8-13 further describe the abstract idea of acquire captured images and extract users facial features and display payment history based on authentication being successful. Claim(s) 2-6, and 8-13 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a apparatus, non transitory computer readable medium, processor, memory to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of acquire captured images and extract users facial features and display payment history based on authentication being successful. As discussed above, taking the claim elements separately, the apparatus, non transitory computer readable medium, processor, memory perform(s) the steps or functions of display, for each visited point, at least one of purchase items and purchase amount included in the payment history; display route information from a current position of the user to the unvisited points; wherein the route information includes at least one of distance and required time from the current position of the user to the unvisited point; in a case where a prescribed image generation condition based on the face authentication at the plurality of points is satisfied, generate a composite image including the captured images in which the user is captured at the visited points; and display the composite image; display information indicating which points should be visited to satisfy the prescribed image generation condition. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of acquire captured images and extract users facial features and display payment history based on authentication being successful. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
5. In reference to independent claims 1, 7, and 14 the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations steps found in the claims especially limitation that says: “record information indicating a point where the face authentication is successful; display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; and display payment history of the user corresponding to the visited point.”. No reference found that would teach the above limitation(s).
Examiner notes: acquiring captured images of a user at plurality of points and based on the face facial or facial information extracted from the images and authentication of the face is successful it displays payment history of the places visited by the user..
The first most relevant prior art identified by the Examiner is 20130044922. It teaches authentication, and 0089: feature quantities of the face image are obtained as face authentication information by the processing at step S13, the process proceeds to step S14, and face authentication processing is performed. In the face authentication processing, for example, the communication unit 35 transmits the face authentication information to the data server 12 via the network 13, the face authentication information of the participant is checked against the registration authentication information of the registrants by the data server 12, and thereby, the face authentication processing of the participant is performed, but it does not teach record information indicating a point where the face authentication is successful; display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; and display payment history of the user corresponding to the visited point. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
Other references found but do not teach the combination of limitations are 20160379254, 9881295, 11538057, 20170068845. They lack the combination of claimed elements as claimed by the independent claims.
All these references listed above teaches some of the features in the limitations of the claim but when combining it becomes not obvious and the references would teach the claim as a whole.
Examiner note: none of the references or combined references teach the combination of limitations of claim 1, 7, and 14 or no reference found that would teaches the combination of limitations of claim 1, 7, and 14, especially claim limitations: record information indicating a point where the face authentication is successful; display one or more visited points where the face authentication is successful and one or more unvisited points where the face authentication is not successful together with a map; and display payment history of the user corresponding to the visited point, and which is an idea of Provided are visit promotion apparatuses for providing users who have actually visited various points with information in which visits to the respective points are recorded. A visit promotion apparatus (100) includes: an acquisition unit (130) configured to acquire captured images in which a user is photographed; an authentication control unit (140) configured to extract the user's face area or facial feature information from the captured images and cause an authentication apparatus (200) to perform face authentication; an image generation unit (170) configured to, when a prescribed image generation condition based on the face authentication at a plurality of points is satisfied, generate a composite image including the captured images at the respective points of the user who has succeeded in the face authentication; and an output unit (180) configured to transmit the composite image generated by the image generation unit (170) to a prescribed display terminal.
When taken as a whole, the claims are not rendered obvious as the available prior art does not suggest or otherwise render obvious the noted features nor does the available prior art suggest or otherwise render obvious further modification of the evidence at hand. Such modifications would require substantial reconstruction relying solely on improper hindsight bias, and thus would not be obvious.
NPL Reference
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Face Recognition Vendor Test Ongoing” describes “The primary use cases for scalar image quality assessments are: − Photo acceptance: Foremost, scalar image quality values can be used to make an acceptance or rejection decisions. If an image’s quality is too low, a system will reject the image and initiate collection of a new image. Such a process could be implemented in a camera, in a client computer, or on a remote server. Such a capability is most useful during initial enrollment, when a prior reference image of the subject is not available. It is also useful when forwarding the image to a remote recognition service would be time consuming or expensive. − Quality summarization: Scalar image quality values are useful as a management indicator. That is, in some enterprise where face images are being collected from many subjects, say by different staff, at different sites, under different conditions, the quality values can be used to summarize the effectiveness of the collection. This might be done using some statistic such as average quality, or proportion with low quality. Such summarization can be used to reveal site-specific problems, population effects, as a response variable in A-B tests, and to reveal trends, diurnal or seasonal variation. − Photo selection: Given K > 1 images of a person, select the best image. This operation is useful when a receiving system expects exactly one image, and the capture subsystem must determine which of the several collected images should be transmitted. This application of quality is useful when a capture process includes some variation e.g. due to unavoidable motion of the subject or camera. NOTE Ordinarily this function should not be used in place of recognition. A recognition application should generally enroll all K images of a person rather than select one. This recommendation is made because quality assessment infrastructure is an imperfect predictor of recognition outcome and it may arise that an enrolled image with lower quality might be successfully matched to a probe image due to certain characteristics of the image e.g. view angle or facial expression. That said, if some images may have been collected decades ago, then ageing may well reduce the utility of the image to a recognition against a recent image even if quality is excellent.”.
Pertinent Art
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#20180276454 teaches similar invention which describes a facial verification method and apparatus is disclosed. The facial verification method includes detecting a face region in an input image, determining whether the detected face region represents a partial face, in response to a determination that the detected face region represents the partial face, generating a synthesized image by combining image information of the detected face region and reference image information, performing a verification operation with respect to the synthesized image and predetermined first registration information, and indicating whether facial verification of the input image is successful based on a result of the performed verification operation.
Conclusion
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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