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 .
DETAILED ACTION
Claims 1-20 have been examined.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. On 2/2/26, Applicant amended the independent claims. Applicant’s remarks address these amended features. See the new 103 with new citations to and motivation to Spivack.
Also, Examiner further notes that it is the Applicant’s claims as stated in the Applicant’s claims that are being rejected with the prior art. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In interpreting claim language, the broadest reasonable meaning of the words in their ordinary usage as they would be understood by one of ordinary skill in the art is applied, taking into account whatever enlightenment by way of definitions or otherwise that may be afforded by the written description. See In re Morris', 127 F.3d 1048, 1054 (Fed. Cir. 1997). See also In ream. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004) and ln re Sneed, 710 F.2d 1544, 1548 (Fed. Cir. 1983). Claims are given their broadest reasonable construction. See In re Hyatt, 211 F.3d 1367, 54 USPQ2d 1664 (Fed. Cir. 2000). It is Appellant's burden to precisely define the invention. See In re Morris, 127 F.3d 1048, 1056 (Fed. Cir. 1997).
Also, the 101 is found to no longer apply in light of Applicant’s 3/14/23 amendments and remarks.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pribyl (20200226643) in view of Spivack (20190108682).
Claims 1, 11. Pribyl discloses a system of embedding brand content, comprising:
one or more servers in wired and/or wireless communication with one or more networked mobile or smart devices associated with a user (Fig. 1; also see mobile devices at [61, 78]).
said user using a network connected mobile device application and Internet for user interaction with a publisher experience in software module form from said one or more servers (see application programs at Fig. 2, item 50, 72, 112; note different user at devices [61, 78]; note client server architecture and applications [55]; and note applications on user devices [56] and mobile devices at [61]; for publisher site and Internet, see Internet at [57, 89] and website at [5]). While Pribyl discloses the preceding, Pribyl does not explicitly disclose downloading and installing the application onto the user device. However, Pribyl discloses installing and applications at [71, 100]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Pribyl’s installing and applications to Pribyl’s end user using applications on the end user device. One would have been motivated to do this in order to better make the application available for use. Pribyl does not explicitly disclose mobile device application and/or browser extension for user interaction with a publisher experience in software module form. However, Pribyl discloses publisher experience on a network (Fig. 3, [57, 89]) and using websites [5]. And, Spivack also further discloses mobile device application and/or browser extension for user interaction with a publisher experience (see mobile browser, mobile app, etc and also integrated with at [76, 77]; also see mobile application module at [114, 115] and app when browsing at [126] special app at [150] and advertiser app at [221]). And, Spivack discloses a variety of VR/AR/mixed reality environments [55], using browsers and websites to access the content [59, 63], and ads and digital billboards in this VR/AR/mixed reality environments [93, 94]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add websites for content to Pribyl’s content via Internet and also Pribyl’s and Spivack’s use of websites on the Internet. One would have been motivated to do this in order to better use the Internet to provide access to the content.
Pribyl does not explicitly disclose where said publisher experience further comprises any of a website (for website, see Internet at [57, 89] and website at [5]), audio-visual broadcast (see TV at [27, 61, 113]), ibeacon, print media data flows, and the like. However, Pribyl discloses experience further comprises any of the Internet (for see Internet at [57, 89] and website at [5]) and also content on audio-visual broadcast (see TV at [27, 61, 113])., And, Spicack further discloses browsing and web browsing and websites [55, 59, 63]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add TV and websites and other publisher mediums to Pribyl’s Internet and TV content. One would have been motivated to do this in order to better present publisher content.
Pribyl further discloses said user activating said software module to interact with advertising content presented in said publisher content experience within said publisher website (see advertising at [10, 5, 26]; also see ad space for rent at Figs. 4, 5; see above obviousness statement for publisher website).
Based on Applicant Spec at [76], metadata is interpreted as secondary data. Pribyl further discloses said software module receiving brand content data, metadata, rewards, and offers upon interacting with advertising content in said publisher content experience (see reward and bonus points at [12] which reads on rewards and offer; see brand advertising at [19, 27]; for metadata see supplemental information at [5] and see “[23]… and data relating to advertising content…and processing data relating to advertising objects…and related indicia of object origin” and “[70]… information about the context of the object within their software application”)
Pribyl does not explicitly disclose said software module storing the received brand content data, metadata, rewards, and offers to a advertising wallet maintained on a mobile or network accessible smart device while maintaining the user presence within the publisher content experience. However, Pribyl discloses user account info and financial account info [60, 70, 72]. And, Spivack discloses a variety of VR/AR/mixed reality environments [55], using browsers and websites to access the content [59, 63], and ads and digital billboards in this VR/AR/mixed reality environments [93, 94] and metadata and incentives [89] and storing these incentives and information from the alternate reality environment into a wallet [102, 104, 106]. Hence, Spivack discloses staying in the content/alternate reality experience while seeing ads/billboards and that these incentives and information can be stored in a wallet. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Spivack’s staying in alternate reality while seeing ads and using a wallet for offers to Pribyl’s alternate reality and ads and accounts. One would have been motivated to do this in order to better interact with ads in alternate reality and use offers.
Also, in further regards to an advertising wallet, Pribyl discloses a variety of ways of advertising [5]. And, Spivack further discloses advertisements and promotions are related [78]; virtual objects can be ads [11, 93] and also at “[844]… VOBs depicted or rendered in the AR environment 550 can serve a function or purpose in the real world 554 (e.g. documents, articles, news, a search result, a game, messages, ads, rewards,”; content like audio and video clips can be objects [171]; and also storing objects for later access (see wallet and backpack at [98, 102, 104, 826]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Spivack’s saving objects and promotions for later use and Spivack’s ads and content as objects to Pribyl’s publisher experience and ads and accounts so that Pribyl can save objects/content/ads for later user or access. One would have been motivated to do this in order to better interact with ads/promotions in a publisher experience.
Pribyl further discloses said software module operative to analyze brand content (see brand at [10, 13, 19]; also note storing brand preferences and brand tendencies at [60]), extract additional, different brand content that matches said brand content data stored on said mobile or network accessible smart device including additional ads, offers, and/or content and present said additional, different brand content to the mobile or network accessible smart device operated by said user (see website address and supplemental information related to the ad/product in the ad at [5]; and Examiner interprets that given the brand information preceding, the supplemental information can be related to the product/brand in the ad; and different brand advertising [19, 53, 60] and targeting [68] and replacing brand advertising [110] and brand opportunities [122]). And, in regards to stored within said advertising wallet see Spivack and the wallet citations and motivation above. And, the motivation for using the wallet is the same as provided above.
While Pribyl discloses brand data, Pribyl does not explicitly disclose brand content metadata. However, Pribyl discloses brand data (see brand [10, 13, 19, 27], see brand preferences/tendencies [60]). And, Pribyl discloses metadata (for metadata see supplemental information related to the product at [5] and see “[23]… and data relating to advertising content…and processing data relating to advertising objects…and related indicia of object origin” and “[70]… information about the context of the object within their software application”). And, Pribyl discloses that the advertising can be related to a brand (see brand and advertise at [10, 13, 19]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Pribyl’s metadata related to advertising to Pribyl’s brand advertising content so that Pribyl has brand content metadata. One would have been motivated to do this in order to better present metadata/secondary/supplemental information related to advertising and brand advertising.
Pribyl does not explicitly disclose said software module storing said advertising content and said extracted brand content data and content metadata into networked, cloud enabled electronic storage while leaving the user in said publisher content experience. However, Pribyl discloses content metadata (for metadata see supplemental information at [5] and see “[23]… and data relating to advertising content…and processing data relating to advertising objects…and related indicia of object origin” and “[70]… information about the context of the object within their software application”). And, Spivack discloses a variety of VR/AR/mixed reality environments [55], using browsers and websites to access the content [59, 63], and ads and digital billboards in this VR/AR/mixed reality environments [93, 94] and metadata and incentives [89] and storing these incentives and information from the alternate reality environment into a wallet for later access [102, 104, 106]. Hence, Spivack discloses staying in the content/alternate reality experience while seeing ads/billboards and that these incentives and information can be stored in a wallet. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Spivack’s staying in alternate reality while seeing ads and using a wallet for offers to Pribyl’s alternate reality and ads and accounts. One would have been motivated to do this in order to better interact with ads in alternate reality and use offers.
Pribyl does not explicitly disclose said software module active to permit a user to retrieve said saved advertising and extracted brand content data from said wallet and interact with said saved advertising content and said extracted brand content data and content metadata at a later time on said mobile or network accessible smart device while remaining in said publisher content experience or at a later time; said user, while remaining in said publisher content experience or at a later time, acting to unlock and retrieve additional matched offers, rewards, and/or content transmitted to said user on said mobile or network accessible smart device to engage further with the matched content to accept an offer or reward and redeem said unlocked content, offers, rewards, or other content on said mobile or smart device. However, Pribyl discloses interacting with ads Figs. 12, 14 and brand interactions at [10, 27] and ad interaction and billing ([26, 64]) and also bonus and rewards [12]. And, Pribyl discloses content metadata (for metadata see supplemental information at [5] and see “[23]… and data relating to advertising content…and processing data relating to advertising objects…and related indicia of object origin” and “[70]… information about the context of the object within their software application”). And, Spivack discloses a variety of VR/AR/mixed reality environments [55], using browsers and websites to access the content [59, 63], and ads and digital billboards in this VR/AR/mixed reality environments [93, 94] and metadata and incentives [89] and storing these incentives and information from the alternate reality environment into a wallet [102, 104, 106]. And, Spivack also discloses redeeming the offers [280] and also unlocking as a reward [815] and also that the saved offers can be viewed or redeemed while still in the alternate reality/publisher experience [280]. Hence, Spivack discloses staying in the content/alternate reality experience while seeing ads/billboards and that these incentives and information can be stored in a wallet. Also, Spivack further discloses at a later time or also storing objects for later access (see wallet and backpack at [98, 102, 104, 826]; and also see Pribyl and Spivack combination above in regards to wallet). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Spivack’s staying in alternate reality while seeing ads and using a wallet for storing offers for later use and also redeeming offers to Pribyl’s alternate reality and ads and accounts. One would have been motivated to do this in order to better interact with ads in alternate reality and use offers.
Also, as noted above, Spivack renders obvious leaving the user in the content/publisher experience while interacting/seeing ads. See the citations and motivation above. And, in the wallet see Spivack and the wallet citations and motivation above. Also, the wallet stored incentive objects [106] and the incentive object is targeted [108, 285]. And, the motivation for using the wallet is the same as provided above.
Claims 2, 12. Pribyl further discloses the system of Claim 1, where the networked mobile or smart devices associated with a user include smart phones, tablets, laptop computers, wearable computers and devices, and/or desktop computers ([61, 78, 88, 93]).
Claims 3, 13. Pribyl further discloses the system of Claim 1, where the wireless communication technology is 3G, 4G, 5G, LTE, WiFi, and/or as yet undeveloped over the air communication technology ([80]).
Claims 4, 14. Pribyl further discloses the system of Claim 1, where the publisher content experience includes visual and/or audio media deliverable from a publisher to said mobile device associated with said user while retaining the user in the original AR/VR/MR environment (see publisher at [55]; see interactive ads with visual/audio media delivered in the VR/AR/MR environment at Figs. 9, 12, 13, 14, 15, 16, 17 also see mobile device in independent and interactions in independent).
Claims 5, 15. Pribyl further discloses the system of Claim 4, where said media deliverable includes reading material, game play, video content, immersive Augmented Reality and/or Virtual Reality and/or Mixed Reality actions, and/or any other virtual or online experience ([3], see game at [10]).
Claims 6, 16. Pribyl does not explicitly disclose the system of Claim 1, where the software module uses an algorithm to analyze brand content data. However, Pribyl discloses analyzing brand content data ([10, 27]) including brand preferences ([60]) and also using algorithms to analyze what content to display including based on preferences ([67, 95]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Pribyl’s brand preferences and brand analysis to Pribyl algorithms for content to present. One would have been motivated to do this in order to better presents brand info of interest.
Claims 7, 17. Pribyl does not explicitly disclose the system of Claim 1, where centralizing advertising from captured media content utilizes image recognition technology. However, Handa discloses AR (Abstract) and ads saved to a central database [30] and ads and image recognition [29]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Handa’s advertising and image recognition to Pribyl’s advertising. One would have been motivated to do this in order to better advertiser and link relevant info (as seen in Pribyl and linking to further info via click at [9]) or to better bill for ads seen or interacted with (as seen in Pribyl and billing for ads at [64]).
Claims 8, 18. Pribyl further discloses the system of Claim 1, where the platform is operated by the system provider (Figs. 1, 2).
Claims 9, 19. Pribyl further discloses the system of Claim 1, where said content serving as a gateway may be a trigger point for an Augmented Reality and/or Virtual Reality and/or Mixed Reality experience ([3]).
Claims 10, 20. Pribyl further discloses the system of Claim 1, where the experiences are embedded with advertising, metadata associated with advertising, metadata associated with a user, publisher, or content provider, and/or other content (Figs. 12, 14; also for metadata see supplemental information at [5] and see “[23]… and data relating to advertising content…and processing data relating to advertising objects…and related indicia of object origin” and “[70]… information about the context of the object within their software application”).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Aaa) These disclose saving ads for alter viewing: Flynn [29] Gordon [535] Harris [42] Roundtree [114];
aa) These disclose VR/AR and saving ads for later viewing: Handa [30]; Chen [26, 120]; Chionna (36); Pittman.
Spivack, Nguyen discloses significant features for virtual/augmented/mixed reality and brands and advertising;
Antala discloses VR [24, 30] and also discloses where centralizing advertising from captured media content utilizes image recognition technology ([15, 18, 76])
b) note the other cited prior art.
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/ARTHUR DURAN/Primary Examiner, Art Unit 3621 9/30/25