DETAILED ACTION
This action is in response to the Applicant Response filed 18 December 2025 for application 18/067,391 filed 16 December 2022.
Claim(s) 1-2, 8-9, 15-16 is/are currently amended.
Claim(s) 5, 12, 19 is/are cancelled.
Claim(s) 1-4, 6-11, 13-18, 20 is/are pending.
Claim(s) 1-4, 6-11, 13-18, 20 is/are rejected.
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 .
Response to Arguments
Applicant's arguments regarding the objections to the claims have been fully considered and, in light of the amendments to the claims, are persuasive.
Applicant’s arguments regarding the 35 U.S.C. 101 rejection of claims 1-4, 6-11, 13-18, 20 have been considered but are not persuasive. Applicant’s arguments have been addressed in the previous Office Action (24 September 2025). Therefore, the 35 U.S.C. 101 rejection of claims 1-4, 6-11, 13-18, 20 are maintained.
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.
Claim(s) 1-4, 6-11, 13-18, 20 is/are rejected under 35 U.S.C. 101, because the claim(s) is/are directed to an abstract idea, and because the claim elements, whether considered individually or in combination, do not amount to significantly more than the abstract idea, see Alice Corporation Pty. Ltd. V. CLS Bank International et al., 573 US 208 (2014).
Regarding claim 1, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 1 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method for adaptively training an online model for providing a web-based advertisement to a user.
The limitation of generating a plurality of instances of the online model, wherein the online model is selected based on a performance metric related to advertisement selection, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of creating, in parallel, for each of the plurality of instances, a candidate model by modifying the instance based on one or more temporal changes indicative of a shift from a first time period associated with a first amount of new web-based advertisements to a second time period associated with a second amount, different from the first amount, of new web-based advertisements, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of selecting one of the plurality of candidate models based on the performance metric to select at least one of the one or more web-based advertisements to be presented to the user, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of repeating the steps of generating, creating and selecting until a condition is met, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of designating the selected candidate model as the online model when the condition is met, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – online adaptive training, online model, plurality of instances of the online model, candidate model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites training, via online adaptive training, an online model for selecting at least one of the one or more web-based advertisements ... which is simply generic training to perform the abstract idea of model selection and amounts to mere instructions to apply the exception (MPEP 2106.05(f)).
The claim recites receiving, from a user, an advertisement request; collecting bids from advertisers; obtaining, based on the bids, one or more web-based advertisements associated with one or more of the advertisers, which is simply transmitting data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
generic training to perform the abstract idea amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
transmitting data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
online adaptive training, online model, plurality of instances of the online model, candidate model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 2, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 2 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 2 carries out the method of claim 1 but for the recitation of additional element(s) of wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request which is simply additional information regarding the web-based advertisements, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
The claim recites wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request, which is simply transmitting data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
transmitting data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
additional information regarding the web-based advertisements do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 3, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 3 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method for adaptively training an online model for providing a web-based advertisement to a user.
The limitation of wherein the creating the plurality of candidate models is by modifying one or more parameters of each of the plurality of instances of the online model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 4, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 4 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 3 is applicable here since claim 4 carries out the method of claim 3 but for the recitation of additional element(s) of wherein the modifying one or more parameters of each of the plurality of instances of the online model is based on one or more scale factors which are based on the one or more temporal changes.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the parameters and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the parameters do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 6, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 6 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 4 is applicable here since claim 6 carries out the method of claim 4 but for the recitation of additional element(s) of wherein the one or more temporal changes indicate a change of a weight associated with a type of learning of new web-based advertisements associated with the training of the online model and are detected from streaming ad-related data.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the temporal changes and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the temporal changes do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 7, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 7 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 1 is applicable here since claim 7 carries out the method of claim 1 but for the recitation of additional element(s) of wherein the condition is based on a level of convergence of the training of the online model.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the condition and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the condition do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 8, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 8 is directed to a computer-readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-readable medium … for adaptively training an online model for providing a web-based advertisement to a user.
The limitation of generating a plurality of instances of the online model, wherein the online model is selected based on a performance metric related to advertisement selection, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of creating, in parallel, for each of the plurality of instances, a candidate model by modifying the instance based on one or more temporal changes indicative of a shift from a first time period associated with a first amount of new web-based advertisements to a second time period associated with a second amount, different from the first amount, of new web-based advertisements, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of selecting one of the plurality of candidate models based on the performance metric to select at least one of the one or more web-based advertisements to be presented to a user, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of repeating the steps of generating, creating and selecting until a condition is met, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of designating the selected candidate model as the online model when the condition is met, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – computer-readable medium, information, machine. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – online adaptive training, online model, plurality of instances of the online model, candidate model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites training, via online adaptive training, an online model for selecting at least one of the one or more web-based advertisements ... which is simply generic training to perform the abstract idea of model selection and amounts to mere instructions to apply the exception (MPEP 2106.05(f)).
The claim recites receiving, from a user, an advertisement request; collecting bids from advertisers; obtaining, based on the bids, one or more web-based advertisements associated with one or more of the advertisers, which is simply transmitting data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
computer-readable medium, information, machine amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
generic training to perform the abstract idea amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
transmitting data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
online adaptive training, online model, plurality of instances of the online model, candidate model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 9, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 9 is directed to a computer-readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-readable medium … for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 8 is applicable here since claim 9 carries out the computer-readable medium of claim 8 but for the recitation of additional element(s) of wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request which is simply additional information regarding the web-based advertisements, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
The claim recites wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request, which is simply transmitting data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
transmitting data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
additional information regarding the web-based advertisements do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 10, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 10 is directed to a computer-readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-readable medium … for adaptively training an online model for providing a web-based advertisement to a user.
The limitation of wherein the creating the plurality of candidate models is by modifying one or more parameters of each of the plurality of instances of the online model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 11, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 11 is directed to a computer-readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-readable medium … for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 10 is applicable here since claim 11 carries out the computer-readable medium of claim 10 but for the recitation of additional element(s) of wherein the modifying one or more parameters of each of the plurality of instances of the online model is based on one or more scale factors which are based on the one or more temporal changes.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the parameters and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the parameters do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 13, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 13 is directed to a computer-readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-readable medium … for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 11 is applicable here since claim 13 carries out the computer-readable medium of claim 11 but for the recitation of additional element(s) of wherein the one or more temporal changes indicate a change of a weight associated with a type of learning of new web-based advertisements associated with the training of the online model and are detected from streaming ad-related data.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the temporal changes and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the temporal changes do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 14, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 14 is directed to a computer-readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer-readable medium … for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 8 is applicable here since claim 14 carries out the computer-readable medium of claim 8 but for the recitation of additional element(s) of wherein the condition is based on a level of convergence of the training of the online model.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the condition and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the condition do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 15, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 15 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system for adaptively training an online model for providing a web-based advertisement to a user.
The limitation of generating a plurality of instances of the online model, wherein the online model is selected based on a performance metric related to advertisement selection, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of creating, in parallel, for each of the plurality of instances, a candidate model by modifying the instance based on one or more temporal changes indicative of a shift from a first time period associated with a first amount of new web-based advertisements to a second time period associated with a second amount, different from the first amount, of new web-based advertisements, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of selecting one of the plurality of candidate models based on the performance metric to select at least one of the one or more web-based advertisements to be presented to the user, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of repeating the steps of generating, creating and selecting until a condition is met, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of designating the selected candidate model as the online model when the condition is met, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – system, memory, computer program instructions, one or more processors. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – online adaptive training, online model, plurality of instances of the online model, candidate model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites training, via online adaptive training, an online model for selecting at least one of the one or more web-based advertisements ... which is simply generic training to perform the abstract idea of model selection and amounts to mere instructions to apply the exception (MPEP 2106.05(f)).
The claim recites receiving, from a user, an advertisement request; collecting bids from advertisers; obtaining, based on the bids, one or more web-based advertisements associated with one or more of the advertisers, which is simply transmitting data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
system, memory, computer program instructions, one or more processors amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
generic training to perform the abstract idea amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
transmitting data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
online adaptive training, online model, plurality of instances of the online model, candidate model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 16, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 16 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 15 is applicable here since claim 16 carries out the system of claim 15 but for the recitation of additional element(s) of wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request which is simply additional information regarding the web-based advertisements, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
The claim recites wherein the at least one of the one or more web-based advertisements is selected further based on a user profile of the user which is retrieved based on the advertisement request, which is simply transmitting data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
transmitting data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
additional information regarding the web-based advertisements do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 17, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 17 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system for adaptively training an online model for providing a web-based advertisement to a user.
The limitation of wherein the creating the plurality of candidate models is by modifying one or more parameters of each of the plurality of instances of the online model, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 18, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 18 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 17 is applicable here since claim 18 carries out the system of claim 17 but for the recitation of additional element(s) of wherein the modifying one or more parameters of each of the plurality of instances of the online model is based on one or more scale factors which are based on the one or more temporal changes.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the parameters and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the parameters do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 20, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 20 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system for adaptively training an online model for providing a web-based advertisement to a user. The Step 2A Prong One Analysis for claim 18 is applicable here since claim 20 carries out the system of claim 18 but for the recitation of additional element(s) of wherein the one or more temporal changes indicate a change of a weight associated with a type of learning of new web-based advertisements associated with the training of the online model and are detected from streaming ad-related data.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the temporal changes and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the temporal changes do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 communication from the examiner should be directed to MARSHALL WERNER whose telephone number is (469) 295-9143. The examiner can normally be reached on Monday – Thursday 7:30 AM – 4:30 PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamran Afshar, can be reached at (571) 272-7796. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MARSHALL L WERNER/ Primary Examiner, Art Unit 2125