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 .
Status of Claims
This communication is in response to the amendment filed on 10/27/2025.
Claims 1 and 15 have been amended.
Claims 1-7 and 15-20 are currently pending and have been examined.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 and 15-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 15 recite “transmit the encrypted token to the content provider computing system over a network connection by formatting the encrypted token into a data packet structure according to a predetermined communication protocol and establishing a secure transmission channel between the computing device and the content provider computing system to verify the user account receiving the first incentive item” and “dynamically adjusting memory allocation within the content provider computing system based at least in part on the rearranged number of GUIs to optimize rendering performance of the second arrangement on the display of the computing device.” The examiner can find no support for any of the newly amended claim limitations. The spec appears to be completely silent with regard to formatting the encrypted token into a data packet structure according to predetermined communication protocols and establishing a secure transmission channel between the computing device and the content provider system. Further, the examiner can find no mention of dynamically adjusting memory based at least in part on the rearranged number of GUI’s to optimize rendering performance of the second arrangement. Thus, each of these limitations is considered new matter. Applicant can either point to where support for such limitations can be found in the original disclosure, amend the claims, or cancel the claims. The remaining claims are rejected as each depends from claims 1 or 15.
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 1-7 and 15-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: The claims 1-7 are a method and claims 15-20 are a non-transitory computer readable media storing computer executable instructions. Thus, claims 1-7 and 15-20, on their face, fall within the four statutory categories of patentable subject matter.
Step 2A Prong 1: The following claim limitations, when considered both individually and as an order combination, are merely descriptive of abstract concepts:
Claim 1:
receiving, at a content provider and from a user associated with a user account registered with the content provider, a request for content associated with a content category
determining, by the content provider and based at least in part on the request, candidate content items associated with content category;
determining a number of pages required to present the candidate content items associated with the content category to the user based at least in part on the candidate content items;
receiving, by the content provider from the user, data associated with the user;
determining, by the content provider and based at least in part on the data associated with the user, historical content data associated with the user account;
determining, by the content provider and based at least in part on the historical content data associated with the user account, a first incentive item and incentive location information indicating a location of a second incentive item;
determining, by the content provider, an ordered set of candidate content items to be displayed on a first page of the number of pages associated with the user based at least in part on the historical content data associated with the user account;
determining by the content provider, a preference factor for the first incentive item based at least in part on historical user interaction data associated with the user account, the historical user interaction data being indicative of a first quantity of previous interactions associated with the user account being above a first threshold value with respect to pages presenting user -selectable options associated with content items of the content provider;
determining that the previous interactions increased over a period of time form the first quantity to a second quantity and increasing the first threshold value to a second threshold value based at least in part on the previous interactions increasing to the second quantity;
generating, by the content provider, an encrypted token for the first incentive item using a private key associated with at least one of the user account or the first incentive item;
generating, by the content provider, an incentive user-selectable option corresponding to the first incentive item to be displayed on the first page associated with the user, the incentive user selectable option comprising the encrypted token that, when activated, causes the user to:
transmit the encrypted token to the content provider to verify the user account receiving the first incentive item; and
present the incentive location information for the second incentive item on the first page displayed to the user based at least in part on a third quantity of previous interactions associated with the user account being above the second threshold value;
generating, by the content provider, first user-selectable options based at least in part on inserting the incentive user selectable option into the candidate user selectable options at the first position;
determining, by the content provider, a subset of the first user-selectable options for presentation on the first page in response to the request for content associated with the category;
generating, by the content provider, the number of pages required to present the candidate content items to the user, the number of pages being arranged in a first arrangement and including the first page comprising a subset of the first user selectable options;
transmitting, from the content provider to the user, at least the first page to the user to display;
receiving user interaction data with at least one of the number of pages;
determining user preference data associated with the number of pages based at least in part on the user interaction data; and
rearranging the number of pages from the first arrangement to a second arrangement based at least in part on the user preference data.
Claim 15:
receiving a request for content associated with a content category, the request being from a user associated with a user account;
determining candidate content items associated with a content category;
determining a number of pages required to present the candidate content items associated with the content category to display to the user based at least in part on the candidate content items;
receiving, by the content provider and from the user, data associated with the user;
determining, based at least in part on the data, historical content data associated with the user account;
determining a set of candidate content items to be displayed on a first page of the number of pages associated with the user based at least in part on the historical content data associated with the user account;
determining a first incentive item based at least in part on the user account indicated in the request;
determining location information for a second incentive item based at least in part on the request;
determining a preference factor for the first incentive item based at least in part on historical user interaction data associated with a previous page presenting previous user-selectable options associated with previous content items, the historical user interaction data being indicative of a first quantity of previous interactions associated with the user account being above a first threshold value;
determining that the previous interactions increased over a period of time form the first quantity to a second quantity and increasing the first threshold value to a second threshold value based at least in part on the previous interactions increasing to the second quantity;
generating an encrypted token for the first incentive item using a secret key associated with at least one of the user account or the first incentive item;
generating an incentive user-selectable option comprising the encrypted token that, when selected, causes:
transmit the encrypted token to verify the user account receiving the first incentive item, and
present the location information for the second incentive on the first page displayed to the user and based on a third quantity of previous interactions associated with the user account being above the second threshold value;
generating candidate user-selectable options corresponding to the set of the candidate content items;
determining a position of the incentive user-selectable option within the candidate user-selectable options based at least in part on the preference factor;
inserting the incentive user-selectable option at the position within the candidate user-selectable options to generate first user-selectable options;
determining a subset of the first user-selectable options corresponding to the set of the candidate content items;
generating the number of pages required to present the candidate content items, the number of pages including the first page comprising the subset of the first user-selectable options;
transmitting first instructions to the user to display at least the first page;
receiving user interaction data with at least one of the number of pages;
determining user preference data associated with the number of pages based at least in part on the user interaction data; and
rearranging the number of pages from the first arrangement to a second arrangement based at least in part on the user preference data.
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
detecting a user selection of the incentive user-selectable option and displaying a selectable option associated with the encrypted token and the incentive location information for the second incentive item; (claim 2, 9);
receiving the encrypted token from the user in response to the selecting the selectable option (claim 3, 10);
wherein the incentive location information for the second incentive item comprises information representing one or more content categories (claim 4);
further comprising increasing the preference factor based on detecting a user selection of a first user-selectable option from among the subset of the first user-selectable options that is different from the incentive user-selectable option (claim 5);
determining, based at least in part on the preference factor, a second position of the incentive user-selectable option among the candidate user-selectable options; inserting the incentive user-selectable option into the candidate user-selectable options at the second position to generate second user-selectable options; determining a second subset of the second user-selectable options for presentation on a second page of the number of pages required to present the candidate content items on the display of the user; and transmitting one or more second instruction to the user to display at least the second page (claim 6);
wherein the second subset of the second user-selectable options comprises the incentive user-selectable option (claim 7);
wherein determining the subset of the first user-selectable options is based at least in part on a quantity of options capable of being represented on the first page (claim 16);
detecting a user selection of the incentive user-selectable option; and based at least in part on detecting the user selection of the incentive user-selectable option, transmitting second instructions to the user to display a selectable option for acquiring the first incentive item and the location information for the second incentive item (claim 17);
wherein the location information for the second incentive item comprises information representing one or more content categories (claim 18);
wherein the second instructions further cause the user to display additional information associated with the incentive item acquisitions associated with the user account (claim 19);
wherein the subset of the first user-selectable options further comprises a user-selectable option for transmitting a second request for a second page of the number of pages comprising a second subset of the first user-selectable controls (claim 20);
The limitations fall within “Certain Methods Of Organizing Human Activity” for managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as well as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). Specifically, the claims are directed to advertising, marketing or sales activities as the claims are determining an incentive to present to the user and determining where to place it based on a set of data. The user is further encouraged to look at more options by receiving a location of what page a second incentive can be found.
Step 2A prong 2: This judicial exception is not integrated into a practical application.
The claims recite the following additional elements: computing device associated with a user (claim 1, 2, 3, 6, 15, 17); content provider computing system (claim 1, 15); graphical user interfaces including a first graphical user interface, previous graphical user interface (claim 1, 15, 16); encrypted token (claim 1, 2, 3, 15), generated using a secret/private key (claim 1, 15); first user selectable controls /candidate user-selectable controls/ incentive user selectable controls/ second user selectable controls/ previous user selectable controls (claim 1, 2, 5, 6, 7, 15, 16, 17, 20); second graphical user interface (claim 6, 20); comprising a link (claim 2, 3, 17); second candidate user selectable controls (claim 6, 7); one or more non-transitory computer readable media storing instructions (claim 15); real-time data stream (claims 1, 15); transmit the encrypted token over a network connection by formatting the encrypted token into a data packet structure according to a predetermined communication protocol and establishing a secure transmission channel between the computing device and the content provider computing system (claims 1, 15); and dynamically adjusting memory allocation within the content provider computing system based at least in part on the rearranged number of GUIs to optimize rendering performance of the second arrangement on the display of the computing device (claims 1, 15);
The computing device associated with the user, one or more non-transitory computer readable media storing instructions and content provider computing system are recited at a high level of generality and amount to merely applying the abstract concepts recited above on general purpose computing devices. (See spec paragraph [0027], [0036], [0080]-[0094], Fig. 6). The general-purpose computing devices are used to process data (determining, generating, detecting, increasing, inserting) receive and transmit data (receiving, transmitting), and display data (presenting, displaying). As a result, none of the claimed operations improve the computing device itself, computer technology, or a technical field (See MPEP 2106.05(f)).
Under broadest reasonable interpretation, an encrypted token can merely be a series of letters, numbers, or symbols used as a code to disguise a word or phrase. Further, using a secret/private key merely means that the user has the decoder for the disguised information. It could be argued that these are merely abstract concepts, but even if this is treated as an additional element, the use of encryption is recited at a high level of generality. Paragraphs [0024], [0058] describe high level use of encrypting the token. Thus, the examiner finds that the generated token using a secret/private key does not go beyond the “apply it” level. Neither the claims nor the specification provide anything that can be considered an improvement to encryption technology or a technical field (See MPEP 2106.05(f)).
With regard to the graphical user interfaces including a first graphical user interface, previous graphical user interface, first user selectable controls /candidate user-selectable controls/ incentive user selectable controls/ second user selectable controls/ previous user selectable controls, second graphical user interface, comprising a link, and second candidate user selectable controls merely provide a general link to a particular technological environment or field of use in which to implement the abstract idea.
The selectable controls appear to be nothing more than clickable items or icons. According to applicant’s specification, paragraph [0014], the “control” allows for forward, back, next page, etc. and content item selections. Additionally, paragraph [0052] describes the controls as icons that can be selected to initiate requests for the content. Thus, the controls are little more than the computer equivalent of making a selection by pointing with one’s finger to an item on a page. These controls do not improve computer interface technology or a technical field as they are merely generic computer interface elements for making selections. Further, the graphical user interfaces are merely a general link to a particular technological environment or field of user (i.e. on a computer). The link is used as a selectable mechanism to submit a choice of the user. Nothing in the claims or specification (spec paragraph [0024], [0051], [0052]) provide an improvement to links or a technical field. The fact that such user-selectable controls and links are provided in graphical user interfaces merely provides a general link to a performing the abstract concepts in a computing environment (See MPEP 2106.05(h)).
The real-time data stream is recited at a high level of generality and is merely used to send data from the user to the content provider. Nothing in the claims improves upon streaming technology or a technical field. As a result, the use of generic data streaming from one computing device to another does not go beyond the “apply it” level of implementation (See MPEP 2106.05(f)).
The limitations including transmitting the encrypted token over a network connection by formatting the encrypted token into a data packet structure according to a predetermined communication protocol and establishing a secure transmission channel between the computing device and the content provider computing system and dynamically adjusting memory allocation within the content provider computing system based at least in part on the rearranged number of GUIs to optimize rendering performance of the second arrangement on the display of the computing device are recited at a high level of generality. These result-based claim limitations do not describe how these features are accomplished and do not go beyond the “apply it” level of implementation. Further, nothing in the claims improves upon these techniques, technology, or a technical field (See MPEP 2106.05(f)). Additionally, the specification is silent with regard to these limitations.
Accordingly, when considered both individually and as an ordered combination, the additional elements do not impose any meaningful limits on practicing the abstract idea.
As noted above, the claims recite abstract concepts and the additional elements do not provide a practical application. As a result, the claims are directed to abstract concepts.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Similarly, as above with regard to practical application, the additional elements when considered both individually and as an ordered combination, do not provide an inventive concept as they merely provide generic computing components used as a tool to implement the abstract idea and provide a general link to a particular technological environment or field of use.
With regard to prior art:
While each limitation can be found in the prior art, the examiner could not find a reasonable combination of references to teach each and every limitation in the context of the claimed invention.
As a result, such rejections have been withdrawn.
Ayars et al (US 2021/0272165) is considered as the closest prior art. It generally teaches providing a user with a series of content items on a graphical user interface. The content items can be of a category and include incentives. The items can be ordered based on a user preferences factor including an engagement factor which is based on feedback received based on previously provided content items. Ayars does not expressly teach generating an encrypted token using a private/secret key or selectable control using the encrypted token, providing a location of a second incentive item that can be found in subsequent GUI’s, or selecting the number of GUI’s required for the content items based on device information.
Girrard et al (US 2015/0019307) teaches using an encrypted token with a private key to verify a reward for a user and credit the user with the reward.
De Barros et al (US 2023/0410156) teaches determining location information for a second incentive to encourage a user to further explore through options. The user is presented with a reward such as 50 points for exploring through content options to find a specific item such as smartphone.
Hill et al (US 2006/0111970) teaches selecting the amount of content items to display on a user interface based on the screen size and resolution of a device. The number of pages required to fit all of the items and the layout of those items as well as advertising panes it then provided to the user device for display.
Pearcy et al (US 2014/0006174) teaches determining the maximum quantity of advertisement content units that are fully displayable within a rectangular frame based on dimensional values and combinations of advertisement display parameters.
Yates (US 2021/0382952) teaches using prediction models based on user actions to select and place advertisements or promotions.
Bergdale et al (US 2014/0074578) teaches coupon redemption using an encrypted token with a private key of a user.
Cramer (US 2007/0260597) teaches using click stream data to rank results.
Ettl et al (US 2017/0061463) teaches using click stream data of a user to determine the best personalized offering for user using real time data about customers.
Peacock (US 2013/0163953) teaches adjusting memory allocation to optimize content rendering.
Gupta (US 11,128,468) teaches providing an encrypted token through a secure data channel.
Response to Arguments
The examiner has considered but does not find persuasive applicant’s arguments with regard to rejections under 35 USC 101. The examiner does not agree with applicant’s assessment of what is and isn’t an additional element. Applicant appears to conflate numerous limitations that are part of the abstract idea with what is an additional element. The GUI’s and selectable controls merely provide a general link to performing the abstract idea in a computing environment. Applicant’s invention does not improve GUI’s or selectable controls, nor does the specification point out that the goal of the invention is to improve user interfaces. The goal of the invention is to incentivize a user to move beyond the first page of content in order to consider other content items on subsequent pages. This is no different that incentivizing a person to look at content beyond the front page of a newspaper or magazine other than it’s being performed in a computing environment.
With regard to example 37 the examiner respectfully disagrees. Unlike example 37, applicant is not rearranging icons for a user such that the user can more quickly or efficiently access things that they use the most. The past interactions of applicant’s invention are not the same as highly used icons. Applicant’s invention is merely looking at past interactions to determine what types of things the user likes best and is providing new content in a particular order based on this determined preference. This is really just an extension of targeted advertising, i.e. know something useful about a user such as a preference and use it to increase the likelihood of a user interacting with content based on their known preference. Further, applicant’s invention is not an improvement to an interface or its usage but rather a means in which to incentive users to look through additional content items using further incentives.
Further, the examiner respectfully disagrees with regard to the use of computing resources. The invention incentivizes the user to look further through additional pages of options in order to receive a reward. This uses additional resources. Further, applicant's argument regarding resources is unpersuasive because it essentially amounts to by providing content that is more likely to be clicked on we are not wasting resources by sending things the user is less likely to click on. Similarly, one could argue sending no content would save resources. Clearly this is not an improvement to computers or computer technology. Any alleged conservation of resources is merely a result of targeted advertising and it happens to be computing resources only because applicants providing the invention on a computer. The same would be true for sending someone flyers in the mail. If | sent flyers the user likes better then | save having to send them flyers that will just be thrown out. As a result, the examiner finds that the claims remain rejected under 35 USC 101.
With regard to Bascom, the examiner finds no such similarities. The examiner finds no similarities between the unconventional arrangement of Bascom and the present claims. The non-conventional arrangement of filtering content at the server level vs the client level provided a specific set of technical advantages. The claims do not provide any technical advantage achieved by this conventional arrangement. Applicant does not point out what technical advantage is achieved by putting the piece of content they think the user would like the most in a more prominent position or including them at all for a user to select. Applicant is not improving GUI’s or computer technology by merely laying out content based on predictive analysis of what they think the user will like better nor is making the icons selectable. The selectable controls are nothing more than generic buttons for making selection in a computing environment as opposed to having choice printed on a paper and allowing a user to point to the one they want.
Arguments with regard to Berkheimer are moot as the examiner has not claimed any of the additional elements are well-understood, routine, and conventional. As a result, such rejections have been maintained.
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 CHRISTOPHER STROUD whose telephone number is (571)272-7930. The examiner can normally be reached Mon. - Fri. 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraff can be reached at (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER STROUD
Primary Examiner
Art Unit 3621B
/CHRISTOPHER STROUD/Primary Examiner, Art Unit 3621
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