T 2852/19 - Reselling tickets

Key points

• "The invention relates to optimised occupancy of an event. The aim is to avoid seats remaining empty if visitors cannot reach the event location in time (see introduction of the description).
• The invention proposes to automatically determine whether visitors to an event are in a defined area at a certain distance from the venue. GPS data from visitors' cell phones is used for this purpose. If ticket buyers are not in said area shortly before the start of the event, an alert is sent to them and their ticket is resold in case of cancellation."
• " D1 discloses GPS tracking of event visitors within a specific radius, but D1 does not mention reselling a ticket. D1 is considered closest prior art."
• "D1 therefore does not explicitly disclose: (a) dynamically adapting the distance/area with time; (b) requesting a visitor to cancel a seat reservation; (c) offer the seat for resale."
• The Board identifies two effects: effect (i) of features (a) and (b) is optimising the seat occupancy; effect (ii) of features (b) and (c) is to increase the profit by reselling seats shortly prior to the event in case a visitor has cancelled its venue.
• As a comment, possibly cancelling reservations leads the ticket being offered to people on the waiting list thereby increasing seating capacity.
• " The effect (i) is technical. The effect (ii) is non-technical."
• The Board does not comment on the relation between the feature "(b) requesting a visitor to cancel a seat reservation" and the broken technical chain fallacy (T1670/07).
• The Board, after a review of the Comvik approach: "Therefore, the problem may be formulated as [how to] "optimising the seat occupancy and implementing features (J) and (K), i. e. prompting the user to indicate whether they plan to attend the event and offer the seat for sale"."
• Features J and K are: "(J) sending an alert to the user prompting the user to indicate whether they plan to attend the event; (K) offer the seat for sale to another user based on the user indicating that they will not attend the event.."
• "it is obvious in view of the disclosure of D1 that the size of the area is reduced (e.g. from a 5-mile radius at 7:30 PM to a 2-mile radius at 7:45 PM) as an event start time approaches"
• "Feature (b) relates to an economical model, i.e. reselling a ticket by encouraging a visitor to cancel its reservation if it cannot meet the appointment time. The system of D1 reveals that a visitor is reminded of its reservation ("remind a user of a reservation"). D1 further discloses the option to "cancel a reservation if the user cannot meet the appointment time" by mobile phone. It would be obvious that the reminder contains a link or a request to cancel the reservation if the appointment time cannot be met."
• As a comment, it is interesting to see the Board analysing the obviousness of a feature relating to an economic model.
• "Feature (c) is per se obvious, because it relates to a business method, i.e. reselling a ticket (reservation) in the case a visitor cannot arrive in time."
• The Board also finds feature (c) to be suggested by D1.
• "Features (F), (I), (J) and (K) are therefore obvious in view of the disclosure and teachings of D1."
• Note that features J and K were also included in the objective technical problem. 

 

EPO 

The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.

https://www.epo.org/law-practice/case-law-appeals/recent/t192852eu1.html

4.3 Assessment of the disclosure of D1 with respect to claim 1

4.3.1 Consequently, D1 discloses (references with respect to D1):

(A) A system (10) for redistribution of tickets (seat reservations) for an event (dining) at a venue (restaurant), comprising:

(B) a memory (22A, 22B) configured to store event information associated with the event; and

(C) a processor (20) coupled to the memory, wherein the processor is configured to

(D) determine a location of a user that has a ticket for a seat at the event (seat reservation at a dining table) based on location data from a Global Positioning System, GPS, component (30, 40) from a user device (30) of the user

(F) determine an area around the venue for the event ("radius", [0066]);[deleted: wherein a size of the area is reduced as an event start time approaches;]

(G) determine whether the location of the user is within the area around the venue for the event;

(H) obtain [deleted: calendar information, purchase history information, and/or] location history information for the user (tracking the route traveled, estimation of arrival time);

(I) determine that the seat will be unused for all or a portion of the event based on determining that the location of the user is outside of the area around the venue ([0082], [0066]) and based on at least one of:[deleted: ]the calendar information, the purchase history information, and/or the location history information (route tracking history);

(J) sending an alert (reminder, [0081]) to the user prompting the user [deleted: to indicate whether they plan to attend the event];

(K) offer the seat [deleted: for sale] to another user based on the user indicating that they will not attend the event (rearrangement of the seating after cancellation, [0081], [0082], [0093]).

4.3.2 D1 therefore does not disclose features (F) [part], (I) [part], (J) [part] and (K) [part].

4.4 Difference

D1 therefore does not explicitly disclose:

(a) dynamically adapting the distance/area with time;

(b) requesting a visitor to cancel a seat reservation;

(c) offer the seat for resale.

4.5 Effect

4.5.1 The effect

(i) of features (a) and (b) is optimising the seat occupancy;

(ii) of features (b) and (c) is to increase the profit by reselling seats shortly prior to the event in case a visitor has cancelled its venue.

4.5.2 The effect (i) is technical. The effect (ii) is non-technical. According to the "COMVIK approach" (see T 641/00), non-technical features within the meaning of Article 52(2)(c) EPC, i.e. features relating to administrative or commercial procedures not having a technical effect, cannot contribute to the inventive step. These features may therefore be included in the problem definition (see, inter alia, G 1/19 [reasons pt. 31], T 641/00, G 3/08, "Case Law of the Boards of Appeal of the European Patent Office", 10**(th) edition, 2022, Sections I.D.9.2.1 to I.D. 9.2.6). According to T 641/00, the objective to be achieved in a non-technical field may appear legitimate in the formulation of the problem as part of the framework of the technical problem, i.e. the objective technical problem amounts to a statement of requirements that any implementation must meet.

4.5.3 Furthermore, according to the COMVIK approach, it is not decisive whether a system or process is technical or not. Rather, it is relevant whether the system or process contributes to the solution of a technical problem. The purpose of the system disclosed in D1 is the same as in the present invention, i.e. to achieve effects (i) and (ii) ([0023]). D1's system as well as the present invention have - with respect to a manual system (cf. section VI(b) ff, above) - the technical effect of

1.) reducing network traffic since visitors do not have

to be called/emailed individually;

2.) optimising the seat occupancy.

4.5.4 This is achieved in both systems through GPS tracking and arrival time estimation, as well as the possibility to cancel seats via mobile device after a reminder sent to the visitor. Consequently, the implementation of the distinguishing features (a) to (c) into D1's system would not have any additional technical effect and would not solve a technical problem.

4.5.5 The system according to the invention has only the difference that the radius of the area is dynamically adjusted. However, this corresponds to the disclosure of D1, i.e. the continuous monitoring of the position and the continuous calculation of the time of arrival. Therefore, the arguments under a) to e) of the appellant do not apply, since the technical effects discussed there are already achieved in the system of D1. Consequently, decision T 0279/05 is not applicable to the present case.

4.6 Problem

Therefore, the problem may be formulated as "optimising the seat occupancy and implementing features (J) and (K), i. e. prompting the user to indicate whether they plan to attend the event and offer the seat for sale".

4.7 Obviousness

ad (a)

4.7.1 D1 calculates for a visitor continuously, i.e. at each point of the approach route, the remaining distance and route as well as the remaining time until reaching the venue. In addition, D1 specifies at least two different area thresholds (5-mile radius, 2-mile radius). It is obvious that these thresholds correspond to the time intervals when a visitor will be able to make his reservation in time at two different time thresholds, e.g., at 7:30 PM and 7:45 PM if the reservation is made for 8:00 PM. Therefore, it is obvious in view of the disclosure of D1 that the size of the area is reduced (e.g. from a 5-mile radius at 7:30 PM to a 2-mile radius at 7:45 PM) as an event start time approaches.

ad (b)

4.7.2 Feature (b) relates to an economical model, i.e. reselling a ticket by encouraging a visitor to cancel its reservation if it cannot meet the appointment time. The system of D1 reveals that a visitor is reminded of its reservation ("remind a user of a reservation"). D1 further discloses the option to "cancel a reservation if the user cannot meet the appointment time" by mobile phone. It would be obvious that the reminder contains a link or a request to cancel the reservation if the appointment time cannot be met.

ad (c)

4.7.3 Feature (c) is per se obvious, because it relates to a business method, i.e. reselling a ticket (reservation) in the case a visitor cannot arrive in time. In addition, D1 teaches "maximizing capacity and hence revenue". D1 further teaches to rearrange a seating schedule and to offer the seat to other users ([0093]). If the restaurant charges a reservation fee for the deck, then this rearrangement corresponds to a resale of the seat reservation (if the system in D1 is not applied to a restaurant reservation but to a theater or concert reservation, the rearrangement would also correspond to a resale of the reservation ticket). It is therefore obvious to resell a reservation (event ticket) when the system in D1 detects that a reservation cannot be taken.

4.8 Features (F), (I), (J) and (K) are therefore obvious in view of the disclosure and teachings of D1.

5. Summary

The subject-matter of claim 1 does not involve an inventive step over document D1 in combination with the common general knowledge of the skilled person and is therefore not inventive within the meaning of Article 56 EPC. Consequently, the appeal against the impugned decision refusing the application is unfounded and has to be dismissed.

Order

For these reasons it is decided that:

The appeal is dismissed.