DETAILED ACTION
Status of Claims
This is a Final Office Action in response to the arguments and/or amendments filed on 12 August 2025.
Claim(s) 1 and 11 is/are amended. Claim(s) 21-24 is/are new.
Claim(s) 1, 4-6, 11, 14-16, and 21-24 is/are currently pending and have been examined.
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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 6, 11, 16, 21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Carr (US 9805375 B1) in view of Park (US 2004/0030595 A1), Chow et al. (US 2009/0106099 A1), and Gary (US 2011/0092282 A1).
Regarding Claim 1 and 11: Carr discloses a computer implemented method for generating and executing an online interactive multimedia video game challenge for presenting an offer to a user during one or more user-initiated electronic transactions, the method being implemented in a web server, a client device, and a game server each having one or more physical processors programmed with computer program instructions that, when executed by the one or more physical processors, cause the web server, the client device, or the game server to perform the method, the method comprising:
on a website, wherein said website displays at least one product or service that has been accessed by the user to initiate an electronic transaction, providing a first graphical user interface having a first option associated with a first purchase offer of the accessed product or accessed service and a second option associated with engaging in the video game challenge, wherein the first graphical user interface concurrently displays the first option and the second option (When a user accesses a page, document, or other piece or grouping of content from the content provider, such as an item detail page 300 for a particular item offered through an electronic marketplace as illustrated in FIG. 3, several advertisements might be displayed. This example illustrates a Web page for an electronic marketplace displayed in a browser application, wherein the Web page includes information 302 for an item being viewed by a customer. See at least Column 5, Lines 50-57. Also: For example, the display 300 of FIG. 3 illustrates information 302 for an item that will result in a specific amount of profit for the merchant offering the item if the item is purchased. Based on criteria or otherwise selected as discussed elsewhere herein, the example display also includes an option 310 to view a video advertisement. In this example, the option is an “above the fold” hyperlink that, when followed by the customer, will cause a video to be played in a frame, window, panel, or other appropriate location on the screen. The link here includes text that entices a customer to follow the link, such as may indicate to the customer that the price of the item will be reduced upon the customer viewing the advertisement. See at least Column 6, Line 56 through Column 7 Line 1 and Fig. 3. Also: In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. See at least Column 11, Lines 33-57).
receiving, at the web server, data indicative of whether the user selected the first option or the second option (If the customer clicks on or otherwise selects to view the video, the video can be displayed to the customer through the provider site (e.g., in a frame or popup window). See at least Column 15, Lines 19-36 and Fig. 3. Also: the environment includes a Web server 106 for receiving requests and serving content in response thereto. See at least Column 3, Lines 4-6).
using the web server, generating a plurality of second graphical user interfaces if the data is indicative of the user selecting the first option, wherein the plurality of second graphical user interfaces are configured to complete a purchase transaction (In some cases, as part of the video or as a separate element, the customer also can see the price drop as a result of viewing the advertisement. The customer then could be directed to a detail page or other location to purchase the item at that price. In such an embodiment, the number of customers viewing the ad will outnumber the number of customers who follow the ad, such that additional revenue will be generated. See at least Column 15, Lines 19-36 and Fig. 3. Examiner’s note: One of ordinary skill in the art would understand that selection of “Buy Now” in Fig. 3 would produce interfaces to complete the purchase transaction);
using the web server, generating a third graphical user interface comprising the video game challenge if the data is indicative of the user selecting the second option, wherein the video game challenge is generated by the game server, wherein the game server is separate from web server and is associated with a proprietary gameplay network system, wherein the video game challenge is transmitted to the client device (The ad can indicate that a customer can get a lower price by watching a video ad, for example. If the customer clicks on or otherwise selects to view the video, the video can be displayed to the customer through the provider site (e.g., in a frame or popup window), and after viewing at least a portion of the video the customer can see the lower price that is being offered. In some cases, as part of the video or as a separate element, the customer also can see the price drop as a result of viewing the advertisement. See at least Column 15, Lines 19-36 and Fig. 3. Also: In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. See at least Column 11, Lines 33-57. Also: Note Fig. 2, including how the advertising entity 204 includes an “ad server” separate from the “page server” of the content provider 202, the “page server” further described at Column 4, Lines 63-64, “a page server 212 (such as a Web server in a Web-based environment)”. “any other appropriate provider 204 can include components such as ad generator and ad server components for generating and serving advertisements to a user. See at least Column 4, Line 65 through Column 5, Line 5. Examiner notes that the term “game server” includes any server capable of hosting a video game. Examiner further notes that the present disclosure expressly does not limit the term “proprietary gameplay network system” to the disclosed examples, and that the broadest reasonable interpretation of a “proprietary gameplay network system” includes any privately owned system hosting a game over a network. Examiner further notes that Carr describes their ad server as serving advertisements to a user. As such, Carr’s ad server clearly reads on the “game server”), and
wherein the video game challenge is generated based on the indicative of the user’s history, and wherein the data indicative of the user’s Internet browsing history is used to identify specific products or services that have been browsed (If the ad is an interactive experience, such as a flash game, then the ad can be designed to require customer involvement (such as to periodically select certain features, etc.). See at least Column 12, Lines 17-20. Also: appropriate ads can be selected to be displayed on a page for an item, group of items, category, type of content, or other such type or grouping of information. For example, if a customer is viewing a detail page for an item, the ad might relate to that item in order to entice the customer to buy the item, or might relate to the item in some way, such as advertising accessories, related services, etc. In other cases, the advertisement might be for an item in a same category (e.g., electronics or books) or might be for another item from the same manufacturer. In some embodiments, when there is no directly related ad to be shown, the ad to be displayed can be selected based on information such as customer interests, past customer purchases, recommendations, previously-viewed items, popular items, or any other appropriate criteria. See at least Column 15, Lines 3-18. Examiner’s note: Carr’s advertisements include video games, and the advertisements are selected based on factors including previously viewed items. As such, Carr’s video game advertisements are generated based on data indicating a user’s browsing history).
using a video game challenge module in the web server, evaluating the received performance data to determine a degree to which the performance data meets or exceeds the one or more predetermined targets associated with the video game challenge (In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. In such cases, the presentation might be segmented or otherwise delineated such that a customer receives a certain discount for each portion that the customer accesses. For example, FIG. 8 illustrates a display 800 where a video ad 802 includes several distinct portions 804, which are indicated at least by segment dividers in the “transport” or progress indicator bar in the video player. The display can include appropriate information for the customer, such as indicating how much a customer saves, or the reduced price, for each segment, and indicating that the customer can save more by accessing additional portions. For example, a customer might access a game that asks trivia questions about a company's products, in order to information the customer about that company's line of products. A customer might save ten cents for each round of questions. If a customer wants to stop after a couple of rounds, the customer might be happy saving twenty cents. Other customers can continue to play all the rounds in order to receive the full discount. See at least Column 11, Lines 34-57. Also: If the ad is an interactive experience, such as a flash game, then the ad can be designed to require customer involvement (such as to periodically select certain features, etc.). See at least Column 12, Lines 17-20. Examiner’s note: One of ordinary skill in the art would understand Carr to implicitly teach that at least one of Carr’s servers makes the claimed determination);
using the web server, dynamically generating a second purchase offer, wherein the second purchase offer is different from the first purchase offer, based on said determination of the degree to which the performance data meets or exceeds the one or more predetermined targets, wherein a value of the second purchase offer changes depending on the degree to which the performance data meets or exceeds the one or more predetermined targets (In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. In such cases, the presentation might be segmented or otherwise delineated such that a customer receives a certain discount for each portion that the customer accesses. For example, FIG. 8 illustrates a display 800 where a video ad 802 includes several distinct portions 804, which are indicated at least by segment dividers in the “transport” or progress indicator bar in the video player. The display can include appropriate information for the customer, such as indicating how much a customer saves, or the reduced price, for each segment, and indicating that the customer can save more by accessing additional portions. For example, a customer might access a game that asks trivia questions about a company's products, in order to information the customer about that company's line of products. A customer might save ten cents for each round of questions. If a customer wants to stop after a couple of rounds, the customer might be happy saving twenty cents. Other customers can continue to play all the rounds in order to receive the full discount. See at least Column 11, Lines 34-57. Also: The video, audio, interactive game, electronic presentation, or other such advertisement then can be presented, with the reduction in price being displayed over time during presentation of the advertisement 522. As discussed, the ways by which the price can drop can vary by item, user, group, type, or any other such criteria. Once the ad is no longer being presented, such as may be due to the ad finishing or the customer stopping the presentation, a determination can be made as to whether the presentation of the ad completed 524. If so, the lowest price for the item (at least as a result of the presentation of the ad) can be displayed 528. See at least Column 9, Line 65 through Column 10 Line 9).
Carr does not expressly disclose using the game server, receiving and storing the user’s gameplay and performance data and transmitting the user’s performance data to the web server.
Park teaches using the game server, receiving and storing the user’s gameplay and performance data and transmitting the user’s performance data to the web server and using a video game challenge module in the web server, evaluating the received performance data to determine a reward (When the member selects the game in which the member wants to participate (step 204), the main server connects the member with the game server (step 205). See at least [0017]. Also: Next, the game server starts the game and reflects the advertising data stored in the advertising database on the game. See at least [0018]. Also When the game comes to an end (step 207), the main server determines whether to give the member the points in accordance with a predetermined criterion, based on game result data provided by the game server (step 208), and adds the points to the member's database if the criterion is appropriate. See at least [0019]. Also: a game server 110 for performing game processing so as to provide game environments such that the members can play the online game with one another See at least [0006]. Also: The main server again connects with a game server 110 for providing a game screen in progress so that members can play on-line games with one another and for performing game processing in order to process data inputted by the members. See at least [0011]. Examiner’s note: One of ordinary skill in the art would understand these disclosures as implicitly disclosing receiving user gameplay inputs and storing intermediary performance data during the execution of the game).
Carr provides a system where a user browsing an electronic marketplace is given the option of engaging with an advertisement game, is provided by the advertisement game by an advertising server, and is provided a discount determined based on the user’s game engagement. Carr’s system as expressly disclosed differs from the claimed invention by the substitution of Carr’s mechanisms for executing the game and determining the discount, with having the game be executed at the content server and providing server provide information to the electronic marketplace server in order for the electronic marketplace server to determine the discount. However, Park demonstrates the prior art already knew of having game servers execute games and provide game results to another server, and for that server to determine the reward to provide to the user for their play. One of ordinary skill in the art could have easily substituted the techniques of Park into the challenge of Carr by having Carr’s advertising server actually run the game (including receiving user gameplay inputs and storing intermediary results) and subsequently report game results to the electronic marketplace server of Carr, and then have Carr’s electronic marketplace server determine the extent of the discount. Further, one of ordinary skill in the art would have recognized that such a substitution would have resulted in a system which would give the electronic marketplace operator greater control over the distribution of discounts. As such, the identified substitution would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park.
Carr does not appear to disclose [wherein the data indicative of the user’s Internet browsing history] is generated by tracking the user’s activities using, at least in part, an IP address of the user’s client device.
However, Chow teaches wherein the data indicative of the user’s Internet browsing history is generated by tracking the user’s activities using, at least in part, an IP address of the user’s client device (tracking the browsing activity of a user may be executed through use of cookies, Internet Protocol (IP) resolution, and other ways known in the art. See at least [0047]).
Carr and Park suggest a system which selects advertisement games to provide to a user based on their browsing history, upon which the claimed invention’s use of an IP address to track a user’s browsing history can be seen as an improvement. However, Chow demonstrates that the prior art already knew of using IP addresses to track a user’s internet browsing history. One of ordinary skill in the art could have trivially applied Chow’s tracking techniques to the system of Carr and Park to determine a user’s previously viewed items. One of ordinary skill in the art would have recognized that such an application of Chow would have resulted in an improved system which would more accurately track user browsing histories. As such, the application of Chow would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park and Chow.
Carr does not appear to disclose wherein said one or more predetermined targets is defined by at least one of a number of enemies killed, an amount of treasure obtained, an amount of health retained, a distance traveled, or a finishing order of a race.
Gary teaches one or more predetermined targets defined by at least one of a number of enemies killed, and amount of treasure obtained, an amount of health retained, a distance traveled, or a finishing order of a race (Generally, methods and systems are described for automatically sending a message to another person's electronic device (e.g. phone, personal computer, television, game console) to inform the person that a player just met or exceeded some goal in a video game (e.g. number of enemies killed in a minute, minimal length of time to defeat the first boss). See at least [0022]. Also: When one player meets or exceeds the achievement or other predetermined goal while playing an instance of the video game, an indicator is sent from the player's video game console to a central computer system which tracks the various goals and friends. The achievement can include such goals as a length of time that it took to beat a first boss or other main enemy character, the number of enemies that were killed in one minute, a highest number of kills in a death match, the length of time it took to finish a game, and the highest number of headshots dealt in a minute. Other achievements are possible as would be known to one skilled in the art. See at least [0026]).
Carr, Park, and Chow suggest a system where a user is given an option to engage with game to receive a discount, and the discount received is based on a user’s game performance. This system differs from the claimed invention by the substitution of Carr’s progress based game performance for a particular gameplay metric performance. However, Gary demonstrates that the prior art already knew of video games with predetermined targets associated with challenges that use the particular gameplay metrics claimed. One of ordinary skill in the art could trivially substitute Gary’s number of enemies killed metric for the progress of Carr, Park, and Chow as the performance metric used to determine an incentive. One of ordinary skill in the art would have recognized that such a substitution would have predictably resulted in a system which would provide greater incentives to users capable of killing more in game enemies. As such, the identified substitution and the claimed invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park, Chow, and Gary.
Regarding Claim 21: Carr discloses a computer implemented method for generating and executing at least one online interactive multimedia video game challenge for presenting at least one offer to a user during one or more user-initiated electronic transactions, the method being implemented in a web server, a client device, and a game server each having one or more physical processors programmed with computer program instructions that, when executed by the one or more physical processors, cause the web server, the client device, or the game server to perform the method, the method comprising:
on a website, wherein the website displays at least one product or service that has been accessed by the user to initiate an electronic transaction, providing a first graphical user interface having a first option associated with a first purchase offer of the accessed product or accessed service and a second option associated with engaging in the video game challenge, wherein the first graphical user interface concurrently displays the first option and the second option (When a user accesses a page, document, or other piece or grouping of content from the content provider, such as an item detail page 300 for a particular item offered through an electronic marketplace as illustrated in FIG. 3, several advertisements might be displayed. This example illustrates a Web page for an electronic marketplace displayed in a browser application, wherein the Web page includes information 302 for an item being viewed by a customer. See at least Column 5, Lines 50-57. Also: For example, the display 300 of FIG. 3 illustrates information 302 for an item that will result in a specific amount of profit for the merchant offering the item if the item is purchased. Based on criteria or otherwise selected as discussed elsewhere herein, the example display also includes an option 310 to view a video advertisement. In this example, the option is an “above the fold” hyperlink that, when followed by the customer, will cause a video to be played in a frame, window, panel, or other appropriate location on the screen. The link here includes text that entices a customer to follow the link, such as may indicate to the customer that the price of the item will be reduced upon the customer viewing the advertisement. See at least Column 6, Line 56 through Column 7 Line 1 and Fig. 3. Also: In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. See at least Column 11, Lines 33-57).
receiving, at the web server, data indicative of whether the user selected the first option or the second option (If the customer clicks on or otherwise selects to view the video, the video can be displayed to the customer through the provider site (e.g., in a frame or popup window). See at least Column 15, Lines 19-36 and Fig. 3. Also: the environment includes a Web server 106 for receiving requests and serving content in response thereto. See at least Column 3, Lines 4-6).
using the web server, generating a plurality of second graphical user interfaces if the data is indicative of the user selecting the first option, wherein the plurality of second graphical user interfaces are configured to complete a purchase transaction (In some cases, as part of the video or as a separate element, the customer also can see the price drop as a result of viewing the advertisement. The customer then could be directed to a detail page or other location to purchase the item at that price. In such an embodiment, the number of customers viewing the ad will outnumber the number of customers who follow the ad, such that additional revenue will be generated. See at least Column 15, Lines 19-36 and Fig. 3. Examiner’s note: One of ordinary skill in the art would understand that selection of “Buy Now” in Fig. 3 would produce interfaces to complete the purchase transaction);
using the web server, generating a third graphical user interface comprising the video game challenge if the data is indicative of the user selecting the second option, wherein the video game challenge is generated by the game server, wherein the game server is separate from web server and is associated with a proprietary gameplay network system, wherein the video game challenge is transmitted to the client device (The ad can indicate that a customer can get a lower price by watching a video ad, for example. If the customer clicks on or otherwise selects to view the video, the video can be displayed to the customer through the provider site (e.g., in a frame or popup window), and after viewing at least a portion of the video the customer can see the lower price that is being offered. In some cases, as part of the video or as a separate element, the customer also can see the price drop as a result of viewing the advertisement. See at least Column 15, Lines 19-36 and Fig. 3. Also: In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. See at least Column 11, Lines 33-57. Also: Note Fig. 2, including how the advertising entity 204 includes an “ad server” separate from the “page server” of the content provider 202, the “page server” further described at Column 4, Lines 63-64, “a page server 212 (such as a Web server in a Web-based environment)”. “any other appropriate provider 204 can include components such as ad generator and ad server components for generating and serving advertisements to a user. See at least Column 4, Line 65 through Column 5, Line 5. Examiner notes that the term “game server” includes any server capable of hosting a video game. Examiner further notes that the present disclosure expressly does not limit the term “proprietary gameplay network system” to the disclosed examples, and that the broadest reasonable interpretation of a “proprietary gameplay network system” includes any privately owned system hosting a game over a network. Examiner further notes that Carr describes their ad server as serving advertisements to a user. As such, Carr’s ad server clearly reads on the “game server”), and
wherein the video game challenge is generated based on the indicative of the user’s history, and wherein the data indicative of the user’s Internet browsing history is used to identify specific products or services that have been browsed (If the ad is an interactive experience, such as a flash game, then the ad can be designed to require customer involvement (such as to periodically select certain features, etc.). See at least Column 12, Lines 17-20. Also: appropriate ads can be selected to be displayed on a page for an item, group of items, category, type of content, or other such type or grouping of information. For example, if a customer is viewing a detail page for an item, the ad might relate to that item in order to entice the customer to buy the item, or might relate to the item in some way, such as advertising accessories, related services, etc. In other cases, the advertisement might be for an item in a same category (e.g., electronics or books) or might be for another item from the same manufacturer. In some embodiments, when there is no directly related ad to be shown, the ad to be displayed can be selected based on information such as customer interests, past customer purchases, recommendations, previously-viewed items, popular items, or any other appropriate criteria. See at least Column 15, Lines 3-18. Examiner’s note: Carr’s advertisements include video games, and the advertisements are selected based on factors including previously viewed items. As such, Carr’s video game advertisements are generated based on data indicating a user’s browsing history).
using a video game challenge module in the web server, evaluating the received performance data to determine a degree to which the performance data meets or exceeds the one or more predetermined targets associated with the video game challenge (In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. In such cases, the presentation might be segmented or otherwise delineated such that a customer receives a certain discount for each portion that the customer accesses. For example, FIG. 8 illustrates a display 800 where a video ad 802 includes several distinct portions 804, which are indicated at least by segment dividers in the “transport” or progress indicator bar in the video player. The display can include appropriate information for the customer, such as indicating how much a customer saves, or the reduced price, for each segment, and indicating that the customer can save more by accessing additional portions. For example, a customer might access a game that asks trivia questions about a company's products, in order to information the customer about that company's line of products. A customer might save ten cents for each round of questions. If a customer wants to stop after a couple of rounds, the customer might be happy saving twenty cents. Other customers can continue to play all the rounds in order to receive the full discount. See at least Column 11, Lines 34-57. Also: If the ad is an interactive experience, such as a flash game, then the ad can be designed to require customer involvement (such as to periodically select certain features, etc.). See at least Column 12, Lines 17-20. Examiner’s note: One of ordinary skill in the art would understand Carr to implicitly teach that at least one of Carr’s servers makes the claimed determination);
using the web server, dynamically generating a second purchase offer, wherein the second purchase offer is different from the first purchase offer, based on said determination of the degree to which the performance data meets or exceeds the one or more predetermined targets, wherein a value of the second purchase offer changes depending on the degree to which the performance data meets or exceeds the one or more predetermined targets (In some cases, an ad presentation might be relatively long, or might contain multiple distinct portions. For example, if a flash-type game is presented, then multiple rounds might be included in the game. If a video ad is displayed, the ad might include portions for distinct products or features. In such cases, the presentation might be segmented or otherwise delineated such that a customer receives a certain discount for each portion that the customer accesses. For example, FIG. 8 illustrates a display 800 where a video ad 802 includes several distinct portions 804, which are indicated at least by segment dividers in the “transport” or progress indicator bar in the video player. The display can include appropriate information for the customer, such as indicating how much a customer saves, or the reduced price, for each segment, and indicating that the customer can save more by accessing additional portions. For example, a customer might access a game that asks trivia questions about a company's products, in order to information the customer about that company's line of products. A customer might save ten cents for each round of questions. If a customer wants to stop after a couple of rounds, the customer might be happy saving twenty cents. Other customers can continue to play all the rounds in order to receive the full discount. See at least Column 11, Lines 34-57. Also: The video, audio, interactive game, electronic presentation, or other such advertisement then can be presented, with the reduction in price being displayed over time during presentation of the advertisement 522. As discussed, the ways by which the price can drop can vary by item, user, group, type, or any other such criteria. Once the ad is no longer being presented, such as may be due to the ad finishing or the customer stopping the presentation, a determination can be made as to whether the presentation of the ad completed 524. If so, the lowest price for the item (at least as a result of the presentation of the ad) can be displayed 528. See at least Column 9, Line 65 through Column 10 Line 9).
using the game server, generating a second video game challenge that is unlocked if the degree to which the performance data meets or exceeds the one or more predetermined targets associated with the video game challenge and presenting the second video game challenge on the third graphical user interface on the web server; using a video game challenge module in the web server, evaluating the received performance data from the second video game challenge to determine a degree to which the performance data meets or exceeds the one or more predetermined targets associated with the video game challenge; and using the web server, dynamically generating a third purchase offer, wherein the third purchase offer is different than the second purchase offer, based on said determination of the degree to which the performance data meets or exceeds the one or more predetermined targets, wherein a value of the third purchase offer changes depending on the degree to which the performance data meets or exceeds the one or more predetermined targets from the second video game challenge (a customer might access a game that asks trivia questions about a company's products, in order to information the customer about that company's line of products. A customer might save ten cents for each round of questions. If a customer wants to stop after a couple of rounds, the customer might be happy saving twenty cents. Other customers can continue to play all the rounds in order to receive the full discount” Column 11, Lines 50-57).
Carr does not expressly disclose using the game server, receiving and storing the user’s gameplay and performance data and transmitting the user’s performance data to the web server.
Park teaches using the game server, receiving and storing the user’s gameplay and performance data and transmitting the user’s performance data to the web server and using a video game challenge module in the web server, evaluating the received performance data to determine a reward (When the member selects the game in which the member wants to participate (step 204), the main server connects the member with the game server (step 205). See at least [0017]. Also: Next, the game server starts the game and reflects the advertising data stored in the advertising database on the game. See at least [0018]. Also When the game comes to an end (step 207), the main server determines whether to give the member the points in accordance with a predetermined criterion, based on game result data provided by the game server (step 208), and adds the points to the member's database if the criterion is appropriate. See at least [0019]. Also: a game server 110 for performing game processing so as to provide game environments such that the members can play the online game with one another See at least [0006]. Also: The main server again connects with a game server 110 for providing a game screen in progress so that members can play on-line games with one another and for performing game processing in order to process data inputted by the members. See at least [0011]. Examiner’s note: One of ordinary skill in the art would understand these disclosures as implicitly disclosing receiving user gameplay inputs and storing intermediary performance data during the execution of the game).
Carr provides a system where a user browsing an electronic marketplace is given the option of engaging with an advertisement game, is provided by the advertisement game by an advertising server, and is provided a discount determined based on the user’s game engagement. Carr’s system as expressly disclosed differs from the claimed invention by the substitution of Carr’s mechanisms for executing the game and determining the discount, with having the game be executed at the content server and providing server provide information to the electronic marketplace server in order for the electronic marketplace server to determine the discount. However, Park demonstrates the prior art already knew of having game servers execute games and provide game results to another server, and for that server to determine the reward to provide to the user for their play. One of ordinary skill in the art could have easily substituted the techniques of Park into the multiple challenges of Carr by having Carr’s advertising server actually run the game (including receiving user gameplay inputs and storing intermediary results) and subsequently report game results to the electronic marketplace server of Carr, and then have Carr’s electronic marketplace server determine the extent of the discount. Further, one of ordinary skill in the art would have recognized that such a substitution would have resulted in a system which would give the electronic marketplace operator greater control over the distribution of discounts. As such, the identified substitution would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park.
Carr does not appear to disclose [wherein the data indicative of the user’s Internet browsing history] is generated by tracking the user’s activities using, at least in part, an IP address of the user’s client device.
However, Chow teaches wherein the data indicative of the user’s Internet browsing history is generated by tracking the user’s activities using, at least in part, an IP address of the user’s client device (tracking the browsing activity of a user may be executed through use of cookies, Internet Protocol (IP) resolution, and other ways known in the art. See at least [0047]).
Carr and Park suggest a system which selects advertisement games to provide to a user based on their browsing history, upon which the claimed invention’s use of an IP address to track a user’s browsing history can be seen as an improvement. However, Chow demonstrates that the prior art already knew of using IP addresses to track a user’s internet browsing history. One of ordinary skill in the art could have trivially applied Chow’s tracking techniques to the system of Carr and Park to determine a user’s previously viewed items. One of ordinary skill in the art would have recognized that such an application of Chow would have resulted in an improved system which would more accurately track user browsing histories. As such, the application of Chow would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park and Chow.
Carr does not appear to disclose wherein said one or more predetermined targets is defined by at least one of a number of enemies killed, an amount of treasure obtained, an amount of health retained, a distance traveled, or a finishing order of a race.
Gary teaches one or more predetermined targets defined by at least one of a number of enemies killed, and amount of treasure obtained, an amount of health retained, a distance traveled, or a finishing order of a race (Generally, methods and systems are described for automatically sending a message to another person's electronic device (e.g. phone, personal computer, television, game console) to inform the person that a player just met or exceeded some goal in a video game (e.g. number of enemies killed in a minute, minimal length of time to defeat the first boss). See at least [0022]. Also: When one player meets or exceeds the achievement or other predetermined goal while playing an instance of the video game, an indicator is sent from the player's video game console to a central computer system which tracks the various goals and friends. The achievement can include such goals as a length of time that it took to beat a first boss or other main enemy character, the number of enemies that were killed in one minute, a highest number of kills in a death match, the length of time it took to finish a game, and the highest number of headshots dealt in a minute. Other achievements are possible as would be known to one skilled in the art. See at least [0026]).
Carr, Park, and Chow suggest a system where a user is given an option to engage with game to receive a discount, and the discount received is based on a user’s game performance. This system differs from the claimed invention by the substitution of Carr’s progress based game performance for a particular gameplay metric performance. However, Gary demonstrates that the prior art already knew of video games with predetermined targets associated with challenges that use the particular gameplay metrics claimed. One of ordinary skill in the art could trivially substitute Gary’s number of enemies killed metric for the progress of Carr, Park, and Chow as the performance metric used to determine an incentive for Carr’s multiple challenges. One of ordinary skill in the art would have recognized that such a substitution would have predictably resulted in a system which would provide greater incentives to users capable of killing more in game enemies. As such, the identified substitution and the claimed invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park, Chow, and Gary.
Regarding Claim 6, 16, and 24: Carr in view of Park, Chow, and Gary teaches the above limitations. Additionally, Carr discloses wherein the third graphical user interface comprising the video game challenge is configured as a scripted advertisement that, if activated by the user, allows the user to engage with the video game challenge (If the ad is an interactive experience, such as a flash game. See at least Column 12, Lines 17-18).
Claims 4, 14, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Carr (US 9805375 B1) in view Park (US 2004/0030595 A1), Chow et al. (US 2009/0106099 A1), and Gary (US 2011/0092282 A1), and further in view of Chicoine et al. (US 9699610 B1).
Regarding Claim 4, 14, and 22: Carr in view of Park, Chow, and Gary teaches the above limitations. Additionally, Carr discloses wherein, using the web server, the video game challenge is further generated based on the user’s identity (If the customer selects to view an ad 702, the prices 706 of other items can be shown to drop as the customer views the presentation. The items to be displayed can be selected using any appropriate criteria, such as relatedness to the item being viewed, profitability, customer history information, etc. See at least Column 11, Lines 15-20). Carr does not appear to disclose a login ID. However, Chicoine teaches where a login ID is used to identify a user (the consumer device may be associated with the consumer account record based on server 106 receiving login data (e.g., username, password, biometric identifier, etc.) associated with the consumer account record from the consumer device via the network. See at least Column 25, Lines 12-17).
Carr, Park, Chow, and Gary suggest a system which allows users to play a game to receive an incentive based on a user’s identity, upon which the claimed invention’s use of a username to determine identity can be seen as an improvement. However, Chicoine demonstrates that the prior art already knew of using a username to determine a user’s identity. One of ordinary skill in the art could have trivially applied the techniques of Chicoine to the system of Carr, Park, Chow, and Gary to identify users, and subsequently to use that information to customize the results of a challenge. One of ordinary skill would have recognized that such an application of Chicoine would have resulted in a system which would more accurately identify users, and thus provide better rewards as parts of challenges. As such, the identified application of Chicoine and the claimed invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park, Chow, Gary, and Chicoine.
Claims 5, 15, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Carr (US 9805375 B1) in view Park (US 2004/0030595 A1), Chow et al. (US 2009/0106099 A1), and Gary (US 2011/0092282 A1), and further in view of Kane et al. (US 2012/0157212 A1).
Regarding Claim 5, 15, and 23: Carr in view of Park, Chow, and Gary teaches the above limitations. Carr does not appear to disclose wherein the third graphical user interface comprising the video game challenge is configured as a downloadable executable that, if activated by the user, allows the user to engage with the challenge.
However, Kane teaches graphical user interface comprising the video game challenge configured as a downloadable executable that, if activated by the user, allows the user to engage with the challenge (one or more executable code objects that implement all or a portion of the game can be downloaded to a client system for execution. See at least [0048]).
Carr, Park, Chow, and Gary suggest a system which allows users to play a game to receive an incentive, which differs from the claimed invention by the substitution of Carr’s game distribution methods with an executable game. However, Kane demonstrates that the prior art already knew of executable games. One of ordinary skill in the art could trivially substitute the game techniques of Kane into the system of Carr, Park, Chow, and Gary. And one of ordinary skill in the art would have recognized that such a substitution would have predictably resulted in a system which would provide executable games to users which could be played for an incentive. As such, the identified substitution and the claimed invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of the disclosures of Carr and the teachings of Park, Chow, Gary, and Kane.
Response to Arguments
Applicant’s Argument Regarding 103 Rejections of claims 1, 4-6, 11, 14-16, and 21-24:
While Carr teaches discounts offered via ad or video engagement and acknowledges the theoretical use of an interactive experience (e.g., a Flash game), it does not teach a performance sensitive offer generation engine or game challenges that are personalized based on IP-tracked browsing history as claimed by the Applicant.
Carr also does not teach a multi-stage challenge mechanism where user performance in a first video game challenge unlocks a second game, and each level results in a dynamically recalculated purchase offer based on performance tiers.
Park does not disclose: concurrent display of an e-commerce purchase offer and a game challenge; performance-based purchase offers which are dynamically generated; any use of the user’s browsing history/IP for game personalization; or a multi-stage offer chain based on the user’s progressive gameplay as claimed by the Applicant.
Chow teaches ad personalization and not gameplay personalization as is claimed by Applicant.
Chow lacks any suggestion that browsing history is used to generate or influence game content. … Chow relates to targeted advertising and while Ch