After reading many threads, and actually reading the whole patent application (which is quite long), here is my thought at what they are trying to do:
* Today, there is a limited number of fast passes given out each day. Let's say, for arguments sake, there are 5,000 fast passes given out for Soarin' every day.
* Again, today, all 5,000 are distributed according to their algorithm to anyone who is eligible. (i.e. no existing fast pass or if the time is not up). Once the 5,000 are gone, that's it.
* The patent, as I read it, is not saying that all 5,000 Fast Passes will only be available for Deluxe guests. What it is saying, a certain number, say 1,000, will be set aside for Deluxe guests and 4,000 for everyone else. That way, if the 4,000 run out, and a deluxe guest still wants one, as long as the "Deluxe" 1,000 are still available, they will be fine. Once all 5,000 are gone, everyone (even the deluxe guest) is out of luck.
* Again, the patent is not saying that ONLY deluxe guests get Fast Passes. Just that the distribution could change.
* Now, of course, they could always set the distribution to 5,000 for deluxe and 0 for all others, but what's the point in that? Remember, the goal of Fast Pass is to keep us out of the queue and spending money in the park. They really don't want anyone to be in the queue at all, if they can help it.
Just my two cents.