DETAILED ACTION
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 1-8, 10-18, and 20 remain pending, and are rejected.
Claims 9 and 19 have been cancelled.
Response to Arguments
Applicant’s arguments filed on 11/25/2025 with respect to the rejection under 35 U.S.C. 101 have been fully considered, but are not persuasive for at least the following rationale:
Applicant’s arguments filed on 11/25/2025 with respect to the rejection under 35 U.S.C. 101 for claims directed to a judicial exception are not persuasive.
Notably, on pages 10-11 of the Applicant’s Remarks, arguments are made that the claims recite a specific improvement to the relevant technical field and integrates the alleged abstract idea into a practical application. It is argued that the claims are directed to an improved technique for rendering interactive videos, addressing specific deficiencies arising in videos that use interactive modules to filter item on websites, citing specification paragraph [0002] in support. The Applicant argues that the claims recite a rendering technique that accounts for the individualized preferences of the user in real-time. And in partial steps, allowing groups of items to be filtered based on user selections prior to rendering to rendering the next interactive module. The approach allegedly solves the technical problem of how to efficiently render interactive video modules that simultaneously account for real-time item filtering based on user selection and dynamic assignment of appropriate video content and UI elements for each rendered module.
Examiner respectfully disagrees. While the claims recite UI elements, in an interactive module and partial rendering of interactive videos, the claims do not recite any technical method of how the various UI, module, or video elements are rendered, or any change in technical functionality of these elements. The claims provide a general recitation of partially rendering interactive videos and configuring UI elements without any further detail. Furthermore, these elements are merely applied to the abstract idea, such that the abstract process of receiving user selections of attributes through a series of prompts can be used to continuously filter a group of items according to the selected user preferred attributes, which is a sales activity, such that the abstract idea is performed on a computing device. The citation to specification paragraph [0002] discloses the problem of how the videos are typically predetermined and unalterable on a website presenting information about a given product. However, this does not represent a technical problem, but a problem of determining what information to present. The claims merely determine the next prompt as the user makes selections, and does not change any technical functionality of the computer in how the videos are rendered to be displayed on a display output. The specification does not provide any disclosure to technical rendering techniques and how they are improved, and does not have any disclosure of any partial rendering. As such, it is clear that the videos are rendered using generic methods and do not address any technical efficiency in rendering the videos, and the claims are not directed to any technical undertaking, but to the process of filtering items based on a series of selections by the user.
In view of the above, the rejection under 35 U.S.C. 101 has been maintained below.
Claim Rejections - 35 USC § 101
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 1-8, 10-18, and 20 are rejected under 35 U.S.C. 101 because the claims are directed to a judicial exception without significantly more.
Step 1:
Claims 1-8 and 10 are directed to a method, which is a process. Claims 11-18 and 20 are directed to a system, which is an apparatus. Therefore, claims 1-8, 10-18, and 20 are directed to one of the four statutory categories of invention.
Step 2A (Prong 1):
Taking claim 11 as representative, claim 11 sets forth the following limitations (emphasized in bold) reciting the abstract idea of filtering a plurality of products to recommend to a user:
receiving a data structure including the plurality of items, wherein each item is assigned at least one data tag indicating an attribute of the item, the data structure being configured, at least in part, by a publisher of at least one webpage associated with the plurality of items;
receiving, via at least one webpage, a selection of an item type that is of interest to a user, the selected item type corresponding to a first group of items that is a subset of the plurality of items;
selecting, from the data structure, an interactive module structure associated with the selected item type from a plurality of interactive module structures, the interactive module structure including a plurality of module templates prearranged in a sequence, wherein (1) each module template includes a video content portion and a user interface (UI) portion and (ii) the prearranged sequence of module templates is configured, at least in part, by the publisher;
performing a first partial rendering of an interactive video by rendering a first interactive module using a first module template of the interactive module structure, wherein the rendering includes:
(i) selecting a first attribute class corresponding to the first group of items based on the data tags assigned to the first group of items;
(ii) assigning first video content associated with the first attribute class to the video content portion of the first module template;
(iii) configuring a first plurality of UI elements for the UI portion of the first module template based on a first plurality of attribute options for the first attribute class, wherein each UI element corresponds to a data tag assigned to at least one item of the first group of items;
displaying, via an interactive video player embedded in the at least one webpage, the first interactive module if the interactive video;
receiving, via the first plurality of UI elements, a first user selection from the first plurality of attribute options indicating the user’s preference for the first attribute class, the first user selection corresponding to a first data tag;
filtering the first group of items based on the first user selection to provide a second group of items wherein each item in the first group of items has the first data tag;
after identifying the second group of items based on the first user selection, performing a second partial rendering of the interactive video by rendering a second interactive module based on a second module template of the interactive module structure, wherein the rendering includes:
(i) selecting a second attribute class corresponding to the second group of items based on the data tags assigned to the second group of items;
(ii) assigning second video content associated with the second attribute class to the video content portion of the second module template;
(iii) configuring a second plurality of UI elements for the UI portion of the second module template based on a second plurality of attribute options for the second attribute class, wherein each UI element corresponds to a data tag assigned to at least one item of the second group of items;
displaying, via the interactive player embedded in the at least one webpage, the second interactive module of the interactive video;
receiving, via the second plurality of UI elements, a second user selection from the second plurality of attribute options indicating the user’s preference for the second attribute class, the second user selection corresponding to a second data tag;
filtering the second group of items based on the second user selection to provide a third group of items, wherein each item in the third group of items has the first and second data tags;
selecting a predetermined number of recommended items from the third group of items;
after identifying the third group of items based on the second user selection, performing a third partial rendering of the interactive video by rendering a third interactive module based on a second module template of the interactive module structure, wherein the rendering includes:
(i) assigning third video content associated with the selected item type to the video content portion of the third module template;
(ii) configuring the UI portion of the third module template to include a selectable link for each recommended item that, upon selection, directs the user to at least one second webpage associated with the item;
displaying, via the interactive video player embedded in the at least one webpage, the third interactive module of the interactive video.
The recited limitations above set forth the process for filtering a group of items to recommend to a user. These limitations amount to certain methods of organizing human activity, including commercial or legal interactions (e.g. advertising, marketing or sales activities or behaviors, etc.). The claims are directed to receiving user selections of attribute options to filter down a group of products to display to the user as a recommended group of items, which is a process of collecting user intention information to narrow down desired items, and is a sales and marketing activity.
Such concepts have been identified by the courts as abstract ideas (see: MPEP 2106.04(a)(2)).
Step 2A (Prong 2):
Examiner acknowledges that representative Claim 11 does recite additional elements, such as:
at least one memory for storing computer-executable instructions;
at least one processor for executing the instructions stored on the memory;
receiving a data structure including the plurality of items, wherein each item is assigned at least one data tag indicating an attribute of the item, the data structure being configured, at least in part, by a publisher of at least one webpage associated with the plurality of items;
receiving, via at least one webpage, a selection of an item type that is of interest to a user, the selected item type corresponding to a first group of items that is a subset of the plurality of items;
selecting, from the data structure, an interactive module structure associated with the selected item type from a plurality of interactive module structures, the interactive module structure including a plurality of module templates prearranged in a sequence, wherein (i) each module template includes a video content portion and a user interface (UI) portion and (ii) the prearranged sequence of module templates if configured, at least in part, by the publisher;
performing a first partial rendering of an interactive video by rendering a first interactive module using a first module template of the interactive module structure, wherein the rendering includes:
(i) selecting a first attribute class corresponding to the first group of items based on the data tags assigned to the first group of items;
(ii) assigning first video content associated with the first attribute class to the video content portion of the first module template;
(iii) configuring a first plurality of UI elements for the UI portion of the first module template based on a first plurality of attribute options for the first attribute class, wherein each UI element corresponds to a data tag assigned to at least one item of the first group of items;
displaying, via an interactive video player embedded in the at least one webpage, the first interactive module of the interactive video;
receiving, via the first plurality of UI elements, a first user selection from the first plurality of attribute options indicating the user’s preference for the first attribute class, the first user selection corresponding to a first data tag;
filtering the first group of items based on the first user selection to provide a second group of items wherein each item in the first group of items has the first data tag;
after identifying the second group of items based on the first user selection, performing a second partial rendering of the interactive video by rendering a second interactive module based on a second module template of the interactive module structure, wherein the rendering includes:
(i) selecting a second attribute class corresponding to the second group of items based on the data tags assigned to the second group of items;
(ii) assigning second video content associated with the second attribute class to the video content portion of the second module template;
(iii) configuring a second plurality of UI elements for the UI portion of the second module template based on a second plurality of attribute options for the second attribute class, wherein each UI element corresponds to a data tag assigned to at least one item of the second group of items;
displaying, via the interactive player embedded in the at least one webpage, the second interactive module of the interactive video;
receiving, via the second plurality of UI elements, a second user selection from the second plurality of attribute options indicating the user’s preference for the second attribute class, the second user selection corresponding to a second data tag;
filtering the second group of items based on the second user selection to provide a third group of items, wherein each item in the third group of items has the first and second data tags;
selecting a predetermined number of recommended items from the third group of items;
after identifying the third group of items based on the second user selection, performing a third partial rendering of the interactive video by rendering a third interactive module based on a second module template of the interactive module structure, wherein the rendering includes:
(i) assigning third video content associated with the selected item type to the video content portion of the third module template;
(ii) configuring the UI portion of the third module template to include a selectable link for each recommended item that, upon selection, directs the user to at least one second webpage associated with the item;
displaying, via the interactive video player embedded in the at least one webpage, the third interactive module of the interactive video.
Taken individually and as a whole, representative claim 11 does not integrate the recited judicial exception into a practical application of the exception as the additional elements merely serve to implement the abstract idea in a computing environment.
Furthermore, this is also because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement a judicial exception with a particular machine, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) apply the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
While there is recitation of memory and processors, they are not any particular device or computing components, but generic computing components as they are known in the art. As disclosed in the Applicant’s specification, the invention can be implemented in any suitable hardware or software, the processors can be any general purpose microprocessor, and the memory include all formats of non-volatile memory (specification pages 6-7). As such, it is evident that the instant claims are not directed to any problem or solution in technology, but merely implement a solution to a commercial problem on a computer so that it may be performed over a network. Furthermore, the interactive modules are disclosed with a high level of generality, and are merely described in the specification (page 20) as interactive interfaces where the user can select an attribute or some label describing the item. It is not directed to a particular functionality of a computer, but merely an interface so the user can use the commercial idea on their computing device. The embedding of the video player is also recited with a very high level of generality, the specification merely disclosing that the interactive video can be embedded into the website, without any further detail to the technical process of how the video player is embedded (see specification page 13, lines 3-8). The links also recite generic link functionality to direct the browser to another website.
In view of the above, under Step 2A (Prong 2), claim 11 does not integrate the recited exception into a practical application (see: MPEP 2106.04(d)).
Step 2B:
Returning to claim 11, taken individually or as a whole, the additional elements of claim 11 do not provide an inventive concept (i.e. whether the additional elements amount to significantly more than the exception itself). As noted above, the additional elements recited in representative claim 11 are recited in a generic manner with a high level of generality and only serve to implement the abstract idea on a generic computing device. The claims result only in an improved abstract idea itself and do not reflect improvements to the functioning of a computer or another technology or technical field. As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed process ultimately amount to no more than the mere instructions to apply the exception using a generic computer and/or no more than a general link to a technological environment.
Even when considered as an ordered combination, the additional elements of claim 11 do not add anything further than when they are considered individually.
In view of the above, claim 11 does not provide an inventive concept under step 2B, and is ineligible for patenting.
Regarding Claim 1 (method): Claim 1 recites at least substantially similar concepts and elements as recited in claim 11 such that similar analysis of the claims would be readily apparent to one of ordinary skill in the art. As such, claims 1 is rejected under at least similar rationale as provided above regarding claim 11.
Dependent claims 2-8, 10, 12-18, and 20 recite further complexity to the judicial exception (abstract idea) of claim 11, such as by further defining the algorithm for filtering a group of items to recommend to a user. Thus, each of claims 2-8, 10, 12-18, and 20 are held to recite a judicial exception under Step 2A (Prong 1) for at least similar reasons as discussed above.
Under prong 2 of step 2A, the additional elements of dependent claims 2-8, 10, 12-18, and 20 also do not integrate the abstract idea into a practical application, considered both individually or as a whole. More specifically, dependent claims 2-8, 10, 12-18, and 20 rely on at least similar elements as recited in claim 11. Further additional elements are also acknowledged (e.g. application program interface (claim 4)); however, the additional elements of claims 2-8, 10, 12-18, and 20 are recited only at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks).
Secondly, this is also because the claims fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Taken individually and as a whole, dependent claims 2-8, 10, 12-18, and 20 do not integrate the recited judicial exception into a practical application of the exception under step 2A (prong 2).
Lastly, under step 2B, claims 2-8, 10, 12-18, and 20 also fail to result in “significantly more” than the abstract idea under step 2B. The dependent claims recite additional functions that describe the abstract idea and use the computing device to implement the abstract idea, while failing to provide an improvement to the functioning of a computer, another technology, or technical field. The dependent claims fail to confer eligibility under step 2B because the claims merely apply the exception on generic computing hardware and generally link the exception to a technological environment.
Even when viewed as an ordered combination (as a whole), the additional elements of the dependent claims do not add anything further than when they are considered individually.
Taken individually or as an ordered combination, the dependent claims simply convey the abstract idea itself applied on a generic computer and are held to be ineligible under Steps 2B for at least similar rationale as discussed above regarding claim 11. Thus, dependent claims 2-8, 10, 12-18, and 20 do not add “significantly more” to the abstract idea.
Subject Matter Free of Prior Art
The claims are free of the prior art for the reasons as indicated in the previous Office Action mailed on 2/7/2025.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KANG whose telephone number is (571)272-8069. The examiner can normally be reached Monday - Friday: 7:30 - 5:00.
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/T.J.K./Examiner, Art Unit 3689
/VICTORIA E. FRUNZI/Primary Examiner, Art Unit 3689 1/16/2026