DETAILED ACTION
Response to Amendment
This action is in response to the response to the amendment filed on 07/28/2025. Claims 1 and 12 have been amended. Claims 1-19 are pending and currently under consideration for patentability.
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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,526,910 because the patent and the application under examination name the same inventive entity. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in Patent No. 11,526,910 recite the entirety of limitations of claims 1-19 of the instant application. For example, application independent claims 1 and 12 are anticipated by patent independent claims 1 and 13 because patent independent claims 1 and 13 recite additional features such as “wherein the plurality of preconfigured electronic functions comprise a first electronic action by the user to the screen to indicate a favorable response with respect to the displayed ad and a second electronic action by user to the screen to indicate an unfavorable response with respect to the displayed ad; unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device such that the application software is the dominant software application on the mobile device until the user directly interacts with the displayed electronic advertisement; creating targeted advertisements to be presented and displayed on the locked display screen of the mobile device based on the user’s electronic interactions with the interactive electronic advertisement and previously presented and displayed interactive electronic advertisements; and using accumulated points from interacting with one or more electronic advertisements displayed on the locked display screen of the mobile device to pay off or lower an amount of a phone bill for the mobile device” wherein application independent claims 1 and 12 do not recite these features and are essentially broader than patent independent claims 1 and 13. Therefore patent independent claim 1 of Patent No. 11,526,910 is in essence a “species” of the generic invention of application independent claim 1. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Claims 2-11 (Dependent on Claim 1) and claims 13-19 (Dependent on claim 12) do not cure the deficiencies of the independent claims. Appropriate correction is required.
With respect to 35 USC § 101 rejection, Examiner notes that the claims were not rejected for being directed to a judicial exception (i.e., a law of nature, natural phenomenon, or abstract idea) because the claims are directed to a user reviewing advertisements on a lock screen and the system obtaining user feedback specifically for the displayed ad in order to change the function of system to perform certain steps before user can unlock the screen.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 4-6, 8, 9, 12, 13, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication 2018/0032997 to Gordon in view of U.S. Publication 2013/0111408 to Berus.
With respect to Claim 1:
Gordon teaches:
A method for causing a user to view and interact with a displayed content on a locked screen of a mobile device of the user, comprising the steps of (Gordon: ¶ [0155]):
automatically presenting and displaying, by an application software running on a mobile device, an interactive full screen electronic content on a locked display screen of the mobile device as the initial presentation on the locked display screen upon powering up or waking up of the mobile device and prior to any user identification being entered or received by the mobile device or other functions being launched or executed at an operating system level for the mobile device (i.e. displaying content on lock screen and any function launched or executing at operating level is associated with display context when the device is at inactive homescreen) (Gordon: ¶ [0257] “In one embodiment, the advertisement/content may be presented on a lock screen associated with mobile device. Further, in one embodiment, the advertisement/content may be presented on a home screen associated with mobile device.” Furthermore, as cited in ¶ [0290] “While not shown, the above ad/content techniques disclosed in the context of FIG. 11 may be applied in the context of screens other than a lock screen, etc. For instance, the above ad/content techniques disclosed in the context of FIG. 11 may be applied to a phone call interface that is displayed while a phone call is active. In such embodiment, the ad/content and/or related icons/selectors, etc. may be displayed simultaneously with phone options such as a mute icon, conference call icon, merge call icon, etc. In another embodiment, the above ad/content techniques disclosed in the context of FIG. 11 may be applied to a voicemail interface that is displayed before and/or while and/or after a voicemail is being audibly presented. For that matter, such techniques may be displayed in the context of any screen in which the mobile user is not using (or heavily using) an interface. Further, in another embodiment, such techniques may also be displayed in the context of any inactive homescreen (e.g. not default homescreen, etc.).”); and
unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device (i.e. unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions is associated with enter alpha-numeric password to further unlock the screen) (Gordon: ¶ [0155] “In one embodiment, the action criteria may be received from an advertiser and the action may include displaying an advisement. In one embodiment, the advertisement may be displayed in a non-intrusive manner. For example, in one embodiment, the action (e.g. advertisement, etc.) may be manifested utilizing a lock screen, or any other type of additional screen (e.g. swipe down screen, etc.), of the mobile device. In another embodiment, the action (e.g. advertisement, etc.) may be manifested during an unlocking of a lock screen of the mobile device. In still other embodiments, the action (e.g. advertisement, etc.) may be manifested in a manner that is integrated in any regular usage of the mobile device. Of course, any such manifestation of the aforementioned action may be presented in any manner that reduces an intrusiveness of a presentation thereof.” Furthermore, as cited in ¶ [1049] “In one embodiment, the user may have the ability to enter an alpha-numeric password to authorize the transaction. As an option, such alpha-numeric password may be the same or different from the alpha-numeric password used to unlock the screen lock screen (to access the menu, etc.).”).
Gordon does not explicitly disclose maintaining the screen of the mobile device locked until the user performs one of a plurality of preconfigured electronic functions on the mobile device directly concerning and related to the electronic content; associating the plurality of preconfigured electronic functions directly concerning and related to the displayed electronic content to also unlock the screen when performed by the user; and earning rewards from the user interacting with the electronic content displayed on the locked displayed screen.
However, Berus further discloses:
maintaining the screen of the mobile device locked until the user performs one of a plurality of preconfigured electronic functions on the mobile device directly concerning and related to the electronic content (i.e. plurality of preconfigured functions are associated with user to perform one or more tasks before the screen is unlocked as shown in figs. 5A-F) (Berus: Figs. 5A-F and ¶ [0058] “In one embodiment, a second prompt is presented whereby the user may interact with the second prompt for accomplishing one or more tasks. For example, the second prompt may present a question (e.g., "what is a latest game available for game console X") and ask the user to select an answer from a list of available answers. In another example, the user may be asked to pronounce one or more words at the UE 101 wherein one or more applications at the UE 101 and/or at a service provider can process the pronounced one or more words for further utilization by one or more applications (e.g., a password application). In various embodiments, the one or more applications, the one or more services and/or one or more content items relate, at least in part, to an advertising service, a polling service, a competition service, a testing service, or a combination thereof.” Furthermore, as cited in ¶ [0070] “FIG. 5E shows user interface 580 wherein the user device is in an, at least in part, locked state 581. In one embodiment, during an unlocking process of the UE 101 a challenge and an offer 583 are presented to the user wherein the user is asked to complete a puzzle 585 in order to receive a 20% discount coupon valid at the "BIG" shopping mall whereby the user may present the user password "myPassword" at 587 and complete the puzzle in order to receive the coupon.”);
associating the plurality of preconfigured electronic functions directly concerning and related to the displayed electronic content to also unlock the screen when performed by the user (i.e. associating interactions directly related to displayed content to unlock the screen when the user performed interaction) (Berus: Figs. 5A-F and ¶ [0025] “In one embodiment, The second application or user interface can (1) present information (e.g., advertising information); (2) display a competition question, poll, or etc; (3) request any interaction with another application presented in the lock screen; and the like. Then, depending on how the user chooses to interact with the lock screen (e.g., unlock the screen normally, answer a challenge or poll question, interact with the other application, etc.), the system 100 can unlock the device and provide additional functionality based on the nature of the interactions and the applications supporting the interactions.”); and
earning rewards from the user interacting with the electronic content displayed on the locked displayed screen (i.e. user is presented with coupon after interacting with content presented on the locked screen) (Berus: ¶ [0036] “In one embodiment, the application processing manager 109 on the user device determines the one or more interactions between the user and the user device, for example, whether the user correctly answered a question presented in the second prompt. In another embodiment, the one or more interactions are processed by a service provider to ascertain validity of the user response. For example, the service provider may have presented a question (e.g., what is the cost of a burger?) related to a certain vendor (e.g., Joe's Burgers), wherein one or more incentives (e.g., a coupon for Joe's Burgers) can be presented to the user upon receiving a correct response from the user.” Furthermore, as cited in ¶ [0070] “In another embodiment, a user may store (e.g., at a local device or at a service provider) one or more coupons, offers, points, challenges, questions and the like presented during and/or after an unlocking process for future consideration.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Berus’ maintaining the screen of the mobile device locked until the user performs one of a plurality of preconfigured electronic functions on the mobile device directly concerning and related to the electronic content; associating the plurality of preconfigured electronic functions directly concerning and related to the displayed electronic content to also unlock the screen when performed by the user; and earning rewards from the user interacting with the electronic content displayed on the locked displayed screen to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to allow service provider to present to the user, when the user attempts to unlock the user device and upon answering the question and unlocking the user device, the discount coupon is presented to the user and “increasing utility of a process for unlocking a user device while the device is in an, at least in part, locked state” (Berus: ¶ [0023]).
With respect to Claim 2:
Gordon teaches:
The method of claim 1 wherein the application software is the dominant software application on the mobile device until the user directly interacts with the displayed electronic content (i.e. advertisement/content is displayed in lock screen or is the dominant software application on the mobile device until user interacts with displayed content) (Gordon: ¶ [0155] “In one embodiment, the action criteria may be received from an advertiser and the action may include displaying an advisement. In one embodiment, the advertisement may be displayed in a non-intrusive manner. For example, in one embodiment, the action (e.g. advertisement, etc.) may be manifested utilizing a lock screen, or any other type of additional screen (e.g. swipe down screen, etc.), of the mobile device. In another embodiment, the action (e.g. advertisement, etc.) may be manifested during an unlocking of a lock screen of the mobile device. In still other embodiments, the action (e.g. advertisement, etc.) may be manifested in a manner that is integrated in any regular usage of the mobile device. Of course, any such manifestation of the aforementioned action may be presented in any manner that reduces an intrusiveness of a presentation thereof.” Furthermore, as cited in ¶ [0289] “While not shown, any content/advertisement(s) may be initially hidden and then accessed via a pull down screen (which is also initially hidden) until a user initiates a vertical downward swipe gesture that originates at a top of the screen, to virtually cover the graphics of the current graphics display with the pull down screen. As an option, an icon and/or text (e.g. possibly in connection with a virtual pull down screen tab, etc.) may be displayed to prompt a user to initiate the aforementioned vertical downward swipe gesture that originates at a top of the screen ( e.g. possibly on the virtual pull down screen tab, etc.). In another embodiment, an icon (like the photo-icon shown and/or a supplement or substitute therefor) may be displayed at a bottom of the screen to prompt a user to initiate a vertical upward swipe gesture that originates at a bottom of the screen ( e.g. on the icon, etc.) for virtually uncovering the ad/content by removing the graphics of the current graphics display ( e.g. possibly without having to "slide to unlock" the screen, etc.).”).
With respect to Claim 4:
Gordon does not explicitly disclose the method of claim 1 wherein the step of unlocking the screen of the mobile device comprising determining by a software application that the user performed one of the preconfigured electronic functions; and unlocking the screen of the mobile device from instructions received from the software application such that the user is provided with full access and use of the mobile device.
However, Berus further discloses:
determining by a software application that the user performed one of the preconfigured electronic functions (i.e. determining user performed interactions with content provided to user on lock screen) (Berus: ¶ [0036] “In one embodiment, the application processing manager 109 on the user device determines the one or more interactions between the user and the user device, for example, whether the user correctly answered a question presented in the second prompt. In another embodiment, the one or more interactions are processed by a service provider to ascertain validity of the user response. For example, the service provider may have presented a question (e.g., what is the cost of a burger?) related to a certain vendor (e.g., Joe's Burgers), wherein one or more incentives (e.g., a coupon for Joe's Burgers) can be presented to the user upon receiving a correct response from the user.”); and
unlocking the screen of the mobile device from instructions received from the software application such that the user is provided with full access and use of the mobile device (i.e. user interacting with an answer to the challenge question in order to unlock the device) (Berus: ¶ [0025] “For example, when a user wants to unlock a device ( e.g., indicated by the user activating the screen of an, at least in part, locked device), the system 100 can display the normal unlocking user interface with additional user interface elements from a second or unrelated application or user interface. In one embodiment, The second application or user interface can (1) present information (e.g., advertising information); (2) display a competition question, poll, or etc; (3) request any interaction with another application presented in the lock screen; and the like. Then, depending on how the user chooses to interact with the lock screen (e.g., unlock the screen normally, answer a challenge or poll question, interact with the other application, etc.), the system 100 can unlock the device and provide additional functionality based on the nature of the interactions and the applications supporting the interactions.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Berus’ determining by a software application that the user performed one of the preconfigured electronic functions; and unlocking the screen of the mobile device from instructions received from the software application such that the user is provided with full access and use of the mobile device to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to allow service provider to present to the user, when the user attempts to unlock the user device and upon answering the question and unlocking the user device, the discount coupon is presented to the user and “increasing utility of a process for unlocking a user device while the device is in an, at least in part, locked state” (Berus: ¶ [0023]).
With respect to Claim 5:
Gordon does not explicitly disclose the method of claim 1 further comprising the step of incentivizing an account for the user by the software application each time the software application determines that the user performed one of the preconfigured electronic functions.
However, Berus further discloses incentivizing an account for the user by the software application each time the software application determines that the user performed one of the preconfigured electronic functions (i.e. user is presented with coupon after interacting with content presented on the screen to application processing manager) (Berus: ¶ [0036] “In one embodiment, the application processing manager 109 on the user device determines the one or more interactions between the user and the user device, for example, whether the user correctly answered a question presented in the second prompt. In another embodiment, the one or more interactions are processed by a service provider to ascertain validity of the user response. For example, the service provider may have presented a question (e.g., what is the cost of a burger?) related to a certain vendor (e.g., Joe's Burgers), wherein one or more incentives (e.g., a coupon for Joe's Burgers) can be presented to the user upon receiving a correct response from the user.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Berus’ incentivizing an account for the user by the software application each time the software application determines that the user performed one of the preconfigured electronic functions to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to allow service provider to present to the user, when the user attempts to unlock the user device and upon answering the question and unlocking the user device, the discount coupon is presented to the user and “increasing utility of a process for unlocking a user device while the device is in an, at least in part, locked state” (Berus: ¶ [0023]).
With respect to Claim 6:
Gordon does not explicitly disclose the method of claim 5 wherein the incentive are points added to the account for the user.
However, Berus further discloses wherein the incentive are points added to the account for the user (i.e. points from incentive are stored in user device) (Berus: ¶ [0070] “In another embodiment, a user may store (e.g., at a local device or at a service provider) one or more coupons, offers, points, challenges, questions and the like presented during and/or after an unlocking process for future consideration.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Berus’ incentive are points added to the account for the user to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to allow service provider to present to the user, when the user attempts to unlock the user device and upon answering the question and unlocking the user device, the discount coupon is presented to the user and “increasing utility of a process for unlocking a user device while the device is in an, at least in part, locked state” (Berus: ¶ [0023]).
With respect to Claim 8:
Gordon does not explicitly disclose the method of claim 1 further comprising the steps of saving the user's favorable and unfavorable responses.
However, Berus further disclose saving the user's favorable and unfavorable responses (i.e. saving user’s favorable and unfavorable responses or interactions via logs) (Berus: ¶¶ [0064] [0065] “In one embodiment, one or more applications, service providers and/or content providers can determine a user interacting with a second prompt and/or other prompts in order to determine what application, service and/or content to present to the user. For example, a user may choose to partake in a survey related to a local gym wherein one or more coupons for one or more services ( e.g., nutritional evaluation) can be presented to the user which may follow by a quiz related to calories in a certain food item. Further, a link to an online nutrition evaluation site is provided wherein, further, an application for accessing the online site is launched…In step 405, the application processing manager 109 causes, at least in part, a generation of an interaction history based, at least in part, on the one or more interactions. In one embodiment, one or more applications on the user device UE 101 generates/creates one or more logs comprising user interactions with one or more applications and/or one or more services during one or more user device unlocking processes. For example, a user history may indicate that a user has been interacting with certain types of applications and/or services and has consumed certain types of contents during the last four weekends.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Berus’ saving the user's favorable and unfavorable responses to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to allow service provider to present to the user, when the user attempts to unlock the user device and upon answering the question and unlocking the user device, the discount coupon is presented to the user and “increasing utility of a process for unlocking a user device while the device is in an, at least in part, locked state” (Berus: ¶ [0023]).
With respect to Claim 9:
Gordon does not explicitly disclose the method of claim 8 further comprising the step of selecting future advertisements to send to the lock screen of the mobile deice based on the saved user's favorable and unfavorable responses.
However, Berus further discloses selecting future advertisements to send to the lock screen of the mobile deice based on the saved user's favorable and unfavorable responses (i.e. selecting future advertisement is associated with presenting discount coupon based on user’s correct response, wherein the responses to questions or coupons may be saved at the user device) (Berus: ¶ [0036] “In one embodiment, the application processing manager 109 on the user device determines the one or more interactions between the user and the user device, for example, whether the user correctly answered a question presented in the second prompt. In another embodiment, the one or more interactions are processed by a service provider to ascertain validity of the user response. For example, the service provider may have presented a question (e.g., what is the cost of a burger?) related to a certain vendor (e.g., Joe's Burgers), wherein one or more incentives (e.g., a coupon for Joe's Burgers) can be presented to the user upon receiving a correct response from the user.” Furthermore, as cited in ¶ [0070] “In another embodiment, a user may store (e.g., at a local device or at a service provider) one or more coupons, offers, points, challenges, questions and the like presented during and/or after an unlocking process for future consideration.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Berus’ selecting future advertisements to send to the lock screen of the mobile deice based on the saved user's favorable and unfavorable responses to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to allow service provider to present to the user, when the user attempts to unlock the user device and upon answering the question and unlocking the user device, the discount coupon is presented to the user and “increasing utility of a process for unlocking a user device while the device is in an, at least in part, locked state” (Berus: ¶ [0023]).
With respect to Claim 12:
Gordon teaches:
A method for causing a user to view and interact with a displayed content on a locked screen of a mobile device of the user, comprising the steps of (Gordon: ¶ [0155]):
running an application software on a mobile device which is in communication with one or more servers for displaying an interactive full screen electronic content on a locked display screen of the mobile device upon powering up or waking up the mobile device and which prevents normal operation of the mobile device when powering up or waking up of the mobile device (i.e. mobile device is in communication with advertisement server in order for displaying content on lock screen wherein any function launched or executing at operating level is associated with display context when the device is at inactive homescreen) (Gordon: ¶ [0257] “In one embodiment, the advertisement/content may be presented on a lock screen associated with mobile device. Further, in one embodiment, the advertisement/content may be presented on a home screen associated with mobile device.” Furthermore, as cited in ¶ [0290] “While not shown, the above ad/content techniques disclosed in the context of FIG. 11 may be applied in the context of screens other than a lock screen, etc. For instance, the above ad/content techniques disclosed in the context of FIG. 11 may be applied to a phone call interface that is displayed while a phone call is active. In such embodiment, the ad/content and/or related icons/selectors, etc. may be displayed simultaneously with phone options such as a mute icon, conference call icon, merge call icon, etc. In another embodiment, the above ad/content techniques disclosed in the context of FIG. 11 may be applied to a voicemail interface that is displayed before and/or while and/or after a voicemail is being audibly presented. For that matter, such techniques may be displayed in the context of any screen in which the mobile user is not using (or heavily using) an interface. Further, in another embodiment, such techniques may also be displayed in the context of any inactive homescreen (e.g. not default homescreen, etc.).” Furthermore, as cited in ¶ [0167] “In this case, in various embodiments, the applications may be stored on one or more devices (e.g. one or more mobile devices, one or more network devices, etc.) and/or on one or more servers (e.g. a social network server, an advertisement server, etc.).”);
receiving the interactive electronic content by the mobile device (i.e. receiving an interactive advertisement by the mobile device) (Gordon: ¶ [1722] “In one embodiment, the trigger may include receiving a communication (e.g. advertisement, message, etc.) and the response action may include displaying an advisement. In one embodiment, the advertisement may be displayed in a non-intrusive manner. For example, in one embodiment, the action (e.g. advertisement, etc.) may be manifested utilizing a lock screen, or any other type of additional screen (e.g. swipe down screen, etc.), of the mobile device. In another embodiment, the action (e.g. advertisement, etc.) may be manifested during an unlocking of a lock screen of the mobile device. In still other embodiments, the action (e.g. advertisement, etc.) may be manifested in a manner that is integrated in any regular usage of the mobile device. Of course, any such manifestation of the aforementioned action may be presented in any manner that reduces an intrusiveness of a presentation thereof.” Furthermore, as cited in ¶ [0330] “In other embodiments, the ad may be interactive. For example, the ad may include links, maps, clickable phone numbers, ability to share, blinking text, real-time updates, and/or any other feature which may cause the ad to be more engaging and interactive.”);
automatically presenting and displaying, by the application software, the full screen electronic content on the locked display screen of the mobile device as the initial presentation on the locked display screen upon powering up or waking up of the mobile device and prior to any user identification being entered or received by the mobile device or other functions being launched or executed at an operating system level for the mobile device (i.e. displaying content on lock screen and any function launched or executing at operating level is associated with display context when the device is at inactive homescreen) (Gordon: ¶ [0257] “In one embodiment, the advertisement/content may be presented on a lock screen associated with mobile device. Further, in one embodiment, the advertisement/content may be presented on a home screen associated with mobile device.” Furthermore, as cited in ¶ [0290] “While not shown, the above ad/content techniques disclosed in the context of FIG. 11 may be applied in the context of screens other than a lock screen, etc. For instance, the above ad/content techniques disclosed in the context of FIG. 11 may be applied to a phone call interface that is displayed while a phone call is active. In such embodiment, the ad/content and/or related icons/selectors, etc. may be displayed simultaneously with phone options such as a mute icon, conference call icon, merge call icon, etc. In another embodiment, the above ad/content techniques disclosed in the context of FIG. 11 may be applied to a voicemail interface that is displayed before and/or while and/or after a voicemail is being audibly presented. For that matter, such techniques may be displayed in the context of any screen in which the mobile user is not using (or heavily using) an interface. Further, in another embodiment, such techniques may also be displayed in the context of any inactive homescreen (e.g. not default homescreen, etc.).”); and
unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device (i.e. unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions is associated with enter alpha-numeric password to further unlock the screen) (Gordon: ¶ [0155] “In one embodiment, the action criteria may be received from an advertiser and the action may include displaying an advisement. In one embodiment, the advertisement may be displayed in a non-intrusive manner. For example, in one embodiment, the action (e.g. advertisement, etc.) may be manifested utilizing a lock screen, or any other type of additional screen (e.g. swipe down screen, etc.), of the mobile device. In another embodiment, the action (e.g. advertisement, etc.) may be manifested during an unlocking of a lock screen of the mobile device. In still other embodiments, the action (e.g. advertisement, etc.) may be manifested in a manner that is integrated in any regular usage of the mobile device. Of course, any such manifestation of the aforementioned action may be presented in any manner that reduces an intrusiveness of a presentation thereof.” Furthermore, as cited in ¶ [1049] “In one embodiment, the user may have the ability to enter an alpha-numeric password to authorize the transaction. As an option, such alpha-numeric password may be the same or different from the alpha-numeric password used to unlock the screen lock screen (to access the menu, etc.).”).
Gordon does not explicitly disclose maintaining the screen of the mobile device locked until the user performs one of a plurality of preconfigured electronic functions on the mobile device directly concerning and related to the electronic content; associating the plurality of preconfigured electronic functions directly concerning and related to the displayed electronic content to also unlock the screen when performed by the user; and earning rewards from the user interacting with the electronic content displayed on the locked displayed screen.
However, Berus further discloses:
maintaining the screen of the mobile device locked until the user performs one of a plurality of preconfigured electronic functions on the mobile device directly concerning and related to the electronic content (i.e. plurality of preconfigured functions are associated with user to perform one or more tasks before the screen is unlocked as shown in figs. 5A-F) (Berus: Figs. 5A-F and ¶ [0058] “In one embodiment, a second prompt is presented whereby the user may interact with the second prompt for accomplishing one or more tasks. For example, the second prompt may present a question (e.g., "what is a latest game available for game console X") and ask the user to select an answer from a list of available answers. In another example, the user may be asked to pronounce one or more words at the UE 101 wherein one or more applications at the UE 101 and/or at a service provider can process the pronounced one or more words for further utilization by one or more applications (e.g., a password application). In various embodiments, the one or more applications, the one or more services and/or one or more content items relate, at least in part, to an advertising service, a polling service, a competition service, a testing service, or a combination thereof.” Furthermore, as cited in ¶ [0070] “FIG. 5E shows user interface 580 wherein the user device is in an, at least in part, locked state 581. In one embodiment, during an unlocking process of the UE 101 a challenge and an offer 583 are presented to the user wherein the user is asked to complete a puzzle 585 in order to receive a 20% discount coupon valid at the "BIG" shopping mall whereby the user may present the user password "myPassword" at 587 and complete the puzzle in order to receive the coupon.”);
associating the plurality of preconfigured electronic functions directly concerning and related to the displayed electronic content to also unlock the screen when performed by the user (i.e. associating interactions directly related to displayed content to unlock the screen when the user performed interaction) (Berus: Figs. 5A-F and ¶ [0025] “In one embodiment, The second application or user interface can (1) present information (e.g., advertising information); (2) display a competition question, poll, or etc; (3) request any interaction with another application presented in the lock screen; and the like. Then, depending on how the user chooses to interact with the lock screen (e.g., unlock the screen normally, answer a challenge or poll question, interact with the other application, etc.), the system 100 can unlock the device and provide additional functionality based on the nature of the interactions and the applications supporting the interactions.”); and
earning rewards from the user interacting with the electronic content displayed on the locked displayed screen (i.e. user is presented with coupon after interacting with content presented on the locked screen) (Berus: ¶ [0036] “In one embodiment, the application processing manager 109 on the user device determines the one or more interactions between the user and the user device, for example, whether the user correctly answered a question presented in the second prompt. In another embodiment, the one or more interactions are processed by a service provider to ascertain validity of the user response. For example, the service provider may have presented a question (e.g., what is the cost of a burger?) related to a certain vendor (e.g., Joe's Burgers), wherein one or more incentives (e.g., a coupon for Joe's Burgers) can be presented to the user upon receiving a correct response from the user.” Furthermore, as cited in ¶ [0070] “In another embodiment, a user may store (e.g., at a local device or at a service provider) one or more coupons, offers, points, challenges, questions and the like presented during and/or after an unlocking process for future consideration.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Berus’ maintaining the screen of the mobile device locked until the user performs one of a plurality of preconfigured electronic functions on the mobile device directly concerning and related to the electronic content; associating the plurality of preconfigured electronic functions directly concerning and related to the displayed electronic content to also unlock the screen when performed by the user; and earning rewards from the user interacting with the electronic content displayed on the locked displayed screen to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to allow service provider to present to the user, when the user attempts to unlock the user device and upon answering the question and unlocking the user device, the discount coupon is presented to the user and “increasing utility of a process for unlocking a user device while the device is in an, at least in part, locked state” (Berus: ¶ [0023]).
With respect to Claim 13:
All limitations as recited have been analyzed and rejected to claim 2. Claim 13 does not teach or define any new limitations beyond claim 2. Therefore it is rejected under the same rationale.
With respect to Claim 15:
All limitations as recited have been analyzed and rejected to claim 4. Claim 15 does not teach or define any new limitations beyond claim 4. Therefore it is rejected under the same rationale.
With respect to Claim 19:
All limitations as recited have been analyzed and rejected to claims 8-9. Claim 19 does not teach or define any new limitations beyond claims 8-9. Therefore it is rejected under the same rationale.
Claim(s) 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Gordon in view of Berus in further view of U.S. Publication 2016/0283978 to Rabbat.
With respect to Claim 3:
Gordon and Berus do not explicitly disclose the method of claim 1 wherein the plurality of preconfigured electronic functions comprises swiping the screen to the right to indicate a favorable response with respect to the displayed ad or swiping the screen to the left to indicate an unfavorable response with respect to the displayed ad.
However, Rabbat further discloses wherein the plurality of preconfigured electronic functions comprises swiping the screen to the right to indicate a favorable response with respect to the displayed ad or swiping the screen to the left to indicate an unfavorable response with respect to the displayed ad (i.e. swiping right on ad indicates a favorable response or that user is interested and swiping left on ad indicates an unfavorable response or that user is disinterested) (Rabbat: ¶ [0024] “In one embodiment, responsive to the direction of swiping interaction with the advertisement being to the left, it is determined that the user is not interested in the advertisement. In one embodiment, responsive to the direction of swiping interaction with the advertisement being to the right, it is determined that the user is interested in the advertisement.”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Rabbat’s plurality of preconfigured electronic functions comprises swiping the screen to the right to indicate a favorable response with respect to the displayed ad or swiping the screen to the left to indicate an unfavorable response with respect to the displayed ad to Gordon’s unlocking the screen of the mobile device by the application software only after the user performs one of the plurality of preconfigured electronic functions on the mobile device. One of ordinary skill in the art would have been motivated to do so in order to identify a user's interest in the advertisement based on the received interaction, and to direct the user to information related to the advertisement based on an indication of a positive impression of the advertisement and to “enable business users to upload native advertisements that allow the users interactivity capabilities” (Rabbat: ¶ [0029]).
With respect to Claim 14:
All limitations as recited have been analyzed and rejected to claim 3. Claim 14 does not teach or define any new limitations beyond claim 3. Therefore it is rejected under the same rationale.
Claim(s) 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gordon in view of Berus in further view of U.S. Publication 2016/0225007 to Logsdon.
With respect to Claim 7:
Gordon and Berus do not explicitly disclose the method of claim 6 further comprising the step of using accumulated points to pay off or lower an amount of a phone bill for the mobile device, wherein the adjustments to an original amount of the phone bill are calculated by the software application.
However, Logsdon further discloses using accumulated points to pay off or lower an amount of a phone bill for the mobile device, wherein the adjustments to an original amount of the phone bill are calculated by the software application (i.e. rewards to pay off or lower phone bill, wherein the rewards are determined or calculated by software application to reduce or adjust original amount of phone bill) (Logsdon: ¶¶ [0045] [0046] “At 214, the method 200 includes in response to a determination that the aggregate purchase amount satisfies the threshold aggregate purchase amount, determining an earned reward amount…In an embodiment, the account is associated with a reward program, such as the reward program provided by the reward program provider device 110 of FIG. 1. The account may store earned rewards for the consumer, and may be updated as new rewards are earned and as rewards are redeemed. In an embodiment, rewards may be redeemed to purchase goods and/or services. For example, the rewards may be redeemed to purchase products ( e.g., groceries, toys, electronics, etc.), services ( e.g., dry cleaning services, car washes, travel, hotel rooms, etc.), to reduce a cost of a commodity ( e.g., reduce and an electric bill, reduce a price per unit (PPU) discount on fuel), etc.), or may be used to reduce a cost to pay a bill ( e.g., a cell phone bill, cell phone minutes or data, credit card balances, etc.).”).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to add Logsdon’s using accumulated points to pay off or lower an amount of a phone bill for the mobile device, wherein the adjustments to an original amount of