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
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/2026 has been entered.
This office action is responsive to RCE filed on 01/20/2026. Claims 5, 6, 9, 15, 16, and 19 are canceled. Claims 1, 4, 8, 11, 14, 18, and 20 are amended. Claims 21-26 are new. Claims 1-4, 7, 8, 10-14, 17-18, and 20-26 are pending examination.
Claim Rejections - 35 USC § 101
2. 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.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 20 is rejected under 35 USC § 101 because the claimed inventions are directed to non-statutory subject matter. Claim 20 is directed to software per se which is not statutory (In re Warmerdam, No. 93-1294 (Fed. Cir. August 11, 1994)). The examiner suggests redrafting the claim to embody the software program on a non-transitory computer readable medium. A claim to a computer-readable medium encoded with functional descriptive material that can function with a computer to effect a practical application that results in a useful, concrete and tangible.
Claim Rejections - 35 USC § 101
3. 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 1-4, 7, 8, 10-14, 17-18, and 20-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 1 is/are drawn to method (i.e., a process), claim(s) 11 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 1, and 11 is/are drawn to one of the statutory categories of invention.
Claim(s) 20 is/are drawn to a program product. As such, claims 20, is/are not drawn to one of the statutory categories of invention (please see rejection related to claim 20 above). For compact prosecution, the Examiner has assumed, that statutory category issue will be resolved, and have provided analysis under abstract idea.
Claims 1-4, 7, 8, 10-14, 17-18, and 20-26 are directed to dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user. Specifically, claim(s) 1, 11, and 20 recite(s) receiving, at an information and using a media characterization that employs, input from a user to display visual media comprising a plurality of media elements, wherein each of the plurality of media elements correspond to image elements and categorized as one of. primary content and secondary content, wherein the plurality of media elements are recordable elements present within the visual media and wherein the secondary content of the plurality of media elements are the recordable elements of the visual media that can be dynamically changed; identifying, utilizing the media characterization, at least one characteristic of the user and the recordable elements present within the visual media, wherein the identifying the at least one characteristic of the user comprises accessing at least one linked account corresponding to the user, and wherein the identifying the recordable elements present within the visual media comprises utilizing a content analysis technique to identify the primary content of the visual media and the secondary content of the visual media; determining, utilizing the artificial intelligence model of the media characterization and operatively coupled to the information handling device, the at least one characteristic of the user by use of a user specific algorithm and current state data of the user obtained by the one or more sensors, wherein the user specific algorithm accepts user content information collected from the at least one linked account and the current state data of the user, and weighs the user content information against the current state data to determine the at least one user characteristic; and dynamically changing, utilizing the media characterization, the secondary content of the visual media to another media element option, wherein the dynamically changing comprises modifying a visual characteristic of the secondary content of the visual media based upon the determining the at least one characteristic of the user, and wherein the modifying the visual characteristic of the visual media comprises correlating the secondary content of visual with the at least one characteristic of the user and adjusting the secondary content of the visual media to align with the at least one characteristic of the user, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, grouped as following:
receiving, at an information and using a media characterization that employs, input from a user to display visual media comprising a plurality of media elements, wherein each of the plurality of media elements correspond to image elements and categorized as one of. primary content and secondary content, wherein the plurality of media elements are recordable elements present within the visual media and wherein the secondary content of the plurality of media elements are the recordable elements of the visual media that can be dynamically changed; identifying, utilizing the media characterization, at least one characteristic of the user and the recordable elements present within the visual media, wherein the identifying the at least one characteristic of the user comprises accessing at least one linked account corresponding to the user, and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
wherein the identifying the recordable elements present within the visual media comprises utilizing a content analysis technique to identify the primary content of the visual media and the secondary content of the visual media; determining, utilizing the artificial intelligence model of the media characterization and operatively coupled to the information handling device, the at least one characteristic of the user by use of a user specific algorithm and current state data of the user obtained by the one or more sensors, wherein the user specific algorithm accepts user content information collected from the at least one linked account and the current state data of the user, and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
weighs the user content information against the current state data to determine the at least one user characteristic; and dynamically changing, utilizing the media characterization, the secondary content of the visual media to another media element option, wherein the dynamically changing comprises modifying a visual characteristic of the secondary content of the visual media based upon the determining the at least one characteristic of the user, and wherein the modifying the visual characteristic of the visual media comprises correlating the secondary content of visual with the at least one characteristic of the user and adjusting the secondary content of the visual media to align with the at least one characteristic of the user; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors perform(s) the steps or functions of receiving, at an information and using a media characterization that employs, input from a user to display visual media comprising a plurality of media elements, wherein each of the plurality of media elements correspond to image elements and categorized as one of. primary content and secondary content, wherein the plurality of media elements are recordable elements present within the visual media and wherein the secondary content of the plurality of media elements are the recordable elements of the visual media that can be dynamically changed; identifying, utilizing the media characterization, at least one characteristic of the user and the recordable elements present within the visual media, wherein the identifying the at least one characteristic of the user comprises accessing at least one linked account corresponding to the user, and wherein the identifying the recordable elements present within the visual media comprises utilizing a content analysis technique to identify the primary content of the visual media and the secondary content of the visual media; determining, utilizing the artificial intelligence model of the media characterization and operatively coupled to the information handling device, the at least one characteristic of the user by use of a user specific algorithm and current state data of the user obtained by the one or more sensors, wherein the user specific algorithm accepts user content information collected from the at least one linked account and the current state data of the user, and weighs the user content information against the current state data to determine the at least one user characteristic; and dynamically changing, utilizing the media characterization, the secondary content of the visual media to another media element option, wherein the dynamically changing comprises modifying a visual characteristic of the secondary content of the visual media based upon the determining the at least one characteristic of the user, and wherein the modifying the visual characteristic of the visual media comprises correlating the secondary content of visual with the at least one characteristic of the user and adjusting the secondary content of the visual media to align with the at least one characteristic of the user. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user. As discussed above, taking the claim elements separately, the handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors perform(s) the steps or functions of receiving, at an information and using a media characterization that employs, input from a user to display visual media comprising a plurality of media elements, wherein each of the plurality of media elements correspond to image elements and categorized as one of. primary content and secondary content, wherein the plurality of media elements are recordable elements present within the visual media and wherein the secondary content of the plurality of media elements are the recordable elements of the visual media that can be dynamically changed; identifying, utilizing the media characterization, at least one characteristic of the user and the recordable elements present within the visual media, wherein the identifying the at least one characteristic of the user comprises accessing at least one linked account corresponding to the user, and wherein the identifying the recordable elements present within the visual media comprises utilizing a content analysis technique to identify the primary content of the visual media and the secondary content of the visual media; determining, utilizing the artificial intelligence model of the media characterization and operatively coupled to the information handling device, the at least one characteristic of the user by use of a user specific algorithm and current state data of the user obtained by the one or more sensors, wherein the user specific algorithm accepts user content information collected from the at least one linked account and the current state data of the user, and weighs the user content information against the current state data to determine the at least one user characteristic; and dynamically changing, utilizing the media characterization, the secondary content of the visual media to another media element option, wherein the dynamically changing comprises modifying a visual characteristic of the secondary content of the visual media based upon the determining the at least one characteristic of the user, and wherein the modifying the visual characteristic of the visual media comprises correlating the secondary content of visual with the at least one characteristic of the user and adjusting the secondary content of the visual media to align with the at least one characteristic of the user. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-4, 7, 8, 10, 13-14, 17-18, and 21-26 further describe the abstract idea of dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user. Claim(s) 2-4, 7, 8, 10, 13-14, 17-18, and 21-26 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user. As discussed above, taking the claim elements separately, the handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors perform(s) the steps or functions of classifying the user into a subgroup of users having at least one matching characteristic and wherein the another media element option is correlated to the at least one matching characteristic; wherein the another media option is selected from a preset plurality of media options; wherein the dynamically changing the secondary content of the visual media comprises overlaying the another media element option over the at least one of the plurality of media elements; wherein the plurality of media elements available for changing within the at least one piece of visual media are predefined; wherein the current state data of the user comprises a geographic location of the user; wherein user context information collected from the at least one linked account comprises at least one interest of the user; wherein the primary content of the visual media cannot be dynamically changed; wherein the dynamically changing the secondary content of the visual media comprises replacing a media element with a new media element. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Subject Matter Overcoming the Cited Prior Art
4. As detailed in the Office Action the Examiner has not applied a prior art rejection to Claim(s) 1-4, 7, 8, 10-14, 17-18, and 20-26 when viewed in combination with the corresponding independent claims, however the claim(s) has/have been rejected other grounds as detailed in the Office Action.
In reference to independent claims 1, 11, and 20, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations steps found in the claims especially limitation that says: “determining, utilizing the artificial intelligence model of the media characterization system and one or more sensors operatively coupled to the information handling device, the at least one characteristic of the user by use of a user specific algorithm and current state data of the user obtained by the one or more sensors, wherein the user specific algorithm accepts user content information collected from the at least one linked account and the current state data of the user, and weighs the user content information against the current state data to determine the at least one user characteristic; and dynamically changing, utilizing the artificial intelligence model of the media characterization system, the secondary content of the visual media to another media element option, wherein the dynamically changing comprises modifying a visual characteristic of the secondary content of the visual media based upon the determining the at least one characteristic of the user, and wherein the modifying [[a]] the visual characteristic of the visual media comprises correlating the secondary content of visual with the at least one characteristic of the user and adjusting the secondary content of the visual media to align with the at least one characteristic of the user.”. No reference found that would teach the above limitation(s).
Examiner notes that the invention is directed towards dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user.
The first most relevant prior art identified by the Examiner is 20110213655. It teaches contextual advertising operations implemented in a computer network. According to some embodiments, various aspects may be used for enabling advertisers to provide contextual advertising promotions to end-users based upon real-time analysis of web page content which may be served to an end-user's computer system. In at least one embodiment, the information obtained from the real-time analysis may be used to select, in real-time, contextually relevant information, advertisements, and/or other content which may then be displayed to the end-user, for example, via real-time insertion of textual markup objects and/or dynamic content, but it does not teach dynamically change the media using artificial intelligence model and modifying the content based on characteristics of the user which is also based on correlating the secondary content with characteristics of the user and adjusting the secondary content of the visual media to align with the characteristics of the user. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
The second most relevant prior art identified by the Examiner is/are 20140259038. It teaches demographic component 116 is configured to classify a user device in a demographic class based on demographic data. For example, a demographic class can comprise a set of data pertaining to the client device's location, physical address, duration within a geographical radius (e.g., more than fifty percent of time in an area code area, zip code, state, residence, and the like), a general broadcast area, cable provider region, in which this data can further include and be a part of the demographic data. The demographic data can further comprise population statistics such as viewing statistics for a viewing region, as defined by the demographic class, such as by area code, zip code, city/state boundaries, cable provider area, broadcast region, regional district, providence, political region, geographically defined region according to a geographic criteria, but it is missing the feature of dynamically change the media using artificial intelligence model and modifying the content based on characteristics of the user which is also based on correlating the secondary content with characteristics of the user and adjusting the secondary content of the visual media to align with the characteristics of the user. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
All these references listed above teaches some of the features in the limitations of the claim but when combining it becomes not obvious and the references would teach the claim as a whole.
Examiner note: none of the references or combined references teach the combination of limitations of claim 1, 11, and 20 or no reference found that would teaches the combination of limitations of claim 1, 11, and 20, especially claim limitations: determining, utilizing the artificial intelligence model of the media characterization system and one or more sensors operatively coupled to the information handling device, the at least one characteristic of the user by use of a user specific algorithm and current state data of the user obtained by the one or more sensors, wherein the user specific algorithm accepts user content information collected from the at least one linked account and the current state data of the user, and weighs the user content information against the current state data to determine the at least one user characteristic; and dynamically changing, utilizing the artificial intelligence model of the media characterization system, the secondary content of the visual media to another media element option, wherein the dynamically changing comprises modifying a visual characteristic of the secondary content of the visual media based upon the determining the at least one characteristic of the user, and wherein the modifying [[a]] the visual characteristic of the visual media comprises correlating the secondary content of visual with the at least one characteristic of the user and adjusting the secondary content of the visual media to align with the at least one characteristic of the user, and which is an idea of receiving, at an information handling device, input from a user to display at least one piece of visual media comprising a plurality of media elements; identifying, using the media characterization system, at least one characteristic of the user; and dynamically changing, utilizing the media characterization system, at least one of the plurality of media elements to another media element option, wherein the another media element option is correlated to the user based upon the at least one characteristic.
When taken as a whole, the claims are not rendered obvious as the available prior art does not suggest or otherwise render obvious the noted features nor does the available prior art suggest or otherwise render obvious further modification of the evidence at hand. Such modifications would require substantial reconstruction relying solely on improper hindsight bias, and thus would not be obvious. Therefore, the prior art rejection has been withdrawn.
NPL Reference
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Artificial Intelligence in the New Media Industry” describes “The initial purpose of the media was to inform, educate, or entertain the public via a handful of media outlets. It was a different way to communicate and impact society in general. However, such focus has shifted today, with artificial intelligence laying the groundwork for the new media era. A little while ago, we discussed how AI has redefined the modern approach to content moderation. More specifically, the issue we’ve covered was how to use AI for responsible social media management, since it significantly affects the life of a modern user. But what if we take a look at the media sector as a whole and examine the impact artificial intelligence has on it today? The media sources find us everywhere, from personal devices to streets and public places. This means that the media has a much more tangible and inevitable influence on modern-day society than we used to think. Hence, AI should be trained to become a valuable asset that takes control over this influence and keeps the media safe and useful for us. You’ve probably heard of the case when AI wrote its first article for The Guardian, all by itself, using a GPT-3 model. Here, AI declares itself loudly through the title of this article, so should we be worried? Should we question AI-generated media? We’ll answer these questions throughout this article, so stay tuned! Label Your Data puts AI under the microscope of the media world!”.
Pertinent Art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#20210191578 teaches similar invention which describes receives a request to display contextually-relevant media and, in response, displays a representation of a collection of media items relevant to a context of the device. In some embodiments, a device displays a visual media item of a sequence of items and, in response to receiving a swipe gesture, displays a detail user interface comprising related content for the media item. In some embodiments, a device, while displaying a first detail user interface, displays an affordance corresponding to a plurality of individuals identified as having attended a first event, that when selected, causes display of visual media corresponding to a plurality of events attended by the individuals. In some embodiments, a device, in response to user input, obtains an automatically-generated collection of visual media and displays a corresponding affordance.
Response to Arguments
7. Applicant's arguments filed 01/20/2026 have been fully considered but they are not persuasive.
A. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong One. Examiner respectfully disagrees. As for Step 2A Prong One, of the Abstract idea is directed towards the abstract idea of dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)), (MPEP § 2106.04).
B. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong Two. Examiner respectfully disagrees. As for Step 2A Prong Two, the claim limitations do not include additional elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, and the claim is not more than a drafting effort designed to monopolize the judicial exception and the claim limitation simply describe the abstract idea. The limitation directed to dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user does not add technical improvement to the abstract idea. The recitations to “handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors” perform(s) the steps or functions of receiving, at an information and using a media characterization that employs, input from a user to display visual media comprising a plurality of media elements, wherein each of the plurality of media elements correspond to image elements and categorized as one of. primary content and secondary content, wherein the plurality of media elements are recordable elements present within the visual media and wherein the secondary content of the plurality of media elements are the recordable elements of the visual media that can be dynamically changed; identifying, utilizing the media characterization, at least one characteristic of the user and the recordable elements present within the visual media, wherein the identifying the at least one characteristic of the user comprises accessing at least one linked account corresponding to the user, and wherein the identifying the recordable elements present within the visual media comprises utilizing a content analysis technique to identify the primary content of the visual media and the secondary content of the visual media; determining, utilizing the artificial intelligence model of the media characterization and operatively coupled to the information handling device, the at least one characteristic of the user by use of a user specific algorithm and current state data of the user obtained by the one or more sensors, wherein the user specific algorithm accepts user content information collected from the at least one linked account and the current state data of the user, and weighs the user content information against the current state data to determine the at least one user characteristic; and dynamically changing, utilizing the media characterization, the secondary content of the visual media to another media element option, wherein the dynamically changing comprises modifying a visual characteristic of the secondary content of the visual media based upon the determining the at least one characteristic of the user, and wherein the modifying the visual characteristic of the visual media comprises correlating the secondary content of visual with the at least one characteristic of the user and adjusting the secondary content of the visual media to align with the at least one characteristic of the user. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
C. Applicant argues that the claims are not directed to a judicial exception under Step 2B.
Examiner respectfully disagrees. As for Step 2B, The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the limitation directed to dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user does not add significantly more to the abstract idea. Furthermore, using well-known computer functions to execute an abstract idea does not constitute significantly more. The recitations to “handling device, processor, memory, system, artificial intelligence model, media characterization system, sensors” are generically recited computer structure. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of dynamically changing media elements to another media option based and displaying visual media based on characteristics of the user. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached on (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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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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