A Lousy Day for this Patent Applicant: Travel Itinerary Applications Ineligible Underneath Section 101 | Holland & Knight LLP

Domenica Philio

In the scenario of In re Bongiorno, No. 2020-1835, 2021 WL 1997454, at *4 (Fed. Cir. May 19, 2021), patent applicant James Bongiorno appealed the Patent Trial and Charm Board’s (PTAB) discovering that two of his patent programs were being directed to patent-ineligible subject matter make any difference below Segment […]

In the scenario of In re Bongiorno, No. 2020-1835, 2021 WL 1997454, at *4 (Fed. Cir. May 19, 2021), patent applicant James Bongiorno appealed the Patent Trial and Charm Board’s (PTAB) discovering that two of his patent programs were being directed to patent-ineligible subject matter make any difference below Segment 101. Just about every application associated to “arranging and executing a holiday or vacation itinerary, and additional significantly to software and a moveable electronic device, which may possibly be devoted to this sort of planning and journey support at the destination.”

The programs defined that tourists typically utilised limited-objective equipment, like the World wide Positioning Procedure (GPS), vacation web sites, planners, guidebooks and multimedia players, but the claimed invention mixed “all of the performance of the publications and digital gizmos which may require to be utilized in preparing and richly suffering from a family vacation abroad into a single sophisticated and useful scheduling/touring gadget, with potent functions to increase everyone’s getaway expertise.”

At Alice action one particular, the U.S. Courtroom of Appeals for the Federal Circuit agreed with the PTAB when it established that the promises have been directed to “setting up and executing a family vacation or vacation itinerary,” which was successfully a system of organizing human action – an summary plan. Bongiorno argued that the claimers had been directed to improved technological innovation, but the Federal Circuit disagreed: the assert constraints “recited not ‘inventive programming’ but ‘simply wanted results.'”

At Alice phase two, the Federal Circuit again agreed with the PTAB and identified that the recited factors (e.g., a database, a viewing screen) did not total to drastically much more than the abstract plan alone: “The things amounted simply to applying the abstract plan applying generic laptop parts carrying out routine laptop capabilities.”

Accordingly, the Federal Circuit held that the patent purposes were ineligible beneath Segment 101.

A representative assert from the programs is under:

A journey itinerary unit comprising:

a housing

a non-transitory computer system-readable software storage medium acquiring pc readable program code embodied therein, stated pc readable code currently being configured for planning of a travel itinerary

a databases of vacation information, relating to a destination, saved in said non-transitory computer-readable system storage medium

a viewing monitor

a processor for executing reported computer system readable code, explained computer readable code comprising guidelines for accessing mentioned databases of facts on stated non-transitory computer system-readable system storage medium, and for resulting in displaying, on mentioned viewing screen, of one particular or extra impression screens allowing selective scheduling of reported vacation itinerary

a strategy itinerary button, an alter itinerary button, and a single or far more supplemental buttons configured, when toggled, for communicating a range, from between a plurality of alternatives shown in just claimed a single or much more image screens, to claimed processor, and for allowing selective entry of one or much more figures

wherein claimed selective scheduling contains actuating explained plan itinerary button for producing exhibiting of a to start with impression screen by said guidance, explained initially graphic screen configured for picking out a initially itinerary template and one or a lot more added itinerary templates from among a plurality of claimed added templates, mentioned first itinerary template comprising a template for coming into of a selection of days for reported itinerary, an arrival metropolis and a departure metropolis, and for picking out of a single of a plurality of graduated degrees of a tour agenda depth, each of stated graduated degrees of stated tour schedule depth comprising a assortment of hrs for touring for every of said selection of days each individual of said plurality of additional itinerary templates comprising a respective listing of web sites relating to a group of said additional template, with a part of said record of web sites in every single mentioned chosen one particular or a lot more extra itinerary templates remaining employed to variety a total journey itinerary, claimed full travel itinerary comprising a sequence of web sites, for each and every of reported amount of times, with reported sequence of websites getting optimized to incorporate as numerous sites as possible in reported range of touring hrs, for touring at the desired destination

wherein said selective planning more comprises said change itinerary button configured for leading to exhibiting of a customizing image monitor, claimed customizing image display screen allowing, but not requiring, customizing of reported sequence of web sites of stated comprehensive itinerary, using selective entry to claimed database of vacation information and facts, for developing a customized sequence of internet sites for a complete personalized journey itinerary and

whereby explained laptop readable code is configured for retrievably storing explained selective setting up within explained software storage medium and

a use itinerary button, reported use itinerary button configured, when actuated, for resulting in exhibiting of a guidance screen configured for communicating with a GPS receiver for furnishing steering during executing of stated journey itinerary at the desired destination, stated guidance comprising delivering instructions to any of said sequence of sites from a present location of said journey itinerary product.

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