Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of the Application
This action is in response to the Amendment filed on 8/14/2025, and is a Final Office Action. Claims 1-11 are pending in the application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 is directed towards a method, thus meeting the Step 1 eligibility criterion. Claim 1 does recite the abstract concept of a commercial interaction/fundamental economic practice, which has been identified as an abstract idea by the MPEP. The relevant claimed limitations include: environment where advertisement is provided to a user of a set of one or more users ; determining personalized advertisement for the user of the set of one or more users based on whether a set of publisher preferences are available from a publisher of an advertisement within the generated virtual environment, wherein the set of publisher preferences comprise: a set of group unique advertisements, a group singular advertisement, and a non-player character (NPC) advertisement; determining a 2D/3D interactive advertisement as an experience based on the generated virtual environment and availability of the set of publisher preferences, wherein determining the 2D/3D interactive advertisement as an experience is based on receiving data from a set of components and executing at least one of: a custom 2D/3D advertisement in group setting component, wherein the custom 2D/3D advertisement in group setting component is executed based on receiving data that the publisher has provided group unique advertisements; a custom group 2D/3D advertisement component, wherein the custom group 2D/3D advertisement component is executed based on receiving data that the publisher has provided group singular advertisements; a NPC as an advertisement component, wherein the NPS as an advertisement component is executed based on receiving data that the publisher has provided advertisements as NPC; determining a real time personalization for interactive advertisements based on the determined 2D/3D interactive advertisement as an experience, wherein determining the real time personalization for interactive advertisements is via executing a real time personalization for interactive advertisements component based on whether a user interacts with an advertisement, wherein the real time personalization for interactive advertisements component is configured to continuously check for user interaction data to update the advertisement and to increase likelihood of future interactions; determining an interactive advertisement for each user of the set of one or more users based on the received data from at least one of the components from the set of components; predicting a next advertisement action to present to the user based on at least one of: current user interactions with advertisements, past user interactions , demographic information for the user obtained, and available advertisement actions ; wherein the predicted next advertisement action is communicated to the personalization to update the interactive advertisement during the user’s session. Applicant’s Spec. further describes the context of the claimed invention as pertaining to the commercial interaction realm: “relates generally to the field of virtual reality interactive advertisement”, “determines the personalized advertisement for the user”, “to evolve the interactive advertisement to be more personalized for the user as the user makes interactive choices with the advertisement”.
This judicial exception is not integrated into a practical application. Claim 1 includes the additional elements of a computing device (including processor and memory), a predictor component , a user actions database/ ad actions database, storing data in databases, a demographic matcher, processing data in a real time environment, and generating a virtual environment/processing data within a virtual environment. The device / predictor component / demographic matcher / databases represent generic computing elements. Storing data in databases represents insignificant extra-solution activity. Processing data in a real time environment does no more than apply or link the use of the recited judicial exception to a particular technological environment/field of use. Generating a virtual environment/processing data within a virtual environment does no more than apply or link the use of the recited judicial exception to a particular technological environment/field of use. The additional elements do not , alone or in combination, improve the functioning of the computing device or another technology/technical field, nor do they apply or use the judicial exception in some other meaningful way beyond generally linking its use to a particular technological environment. The claim is directed to an abstract idea.
Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception, because as noted above, the claimed computing elements represent generic computing elements; they are recited at a high level of generality. Storing data in databases represents insignificant extra-solution activity – I.e. it represents a well known and commonly used means of storing data within a digital computing environment, as known to one of ordinary skill in the art at the effective filing date of the invention. Processing data in a real time environment does no more than apply or link the use of the recited judicial exception to a particular technological environment/field of use. Generating a virtual environment/processing data within a virtual environment does no more than apply or link the use of the recited judicial exception to a particular technological environment/field of use. The additional elements do not, alone or in combination, improve the functioning of the computing device or another technology/technical field, nor do they apply or use the judicial exception in some other meaningful way beyond generally linking its use to a particular technological environment. Therefore, Claim 1 does not amount to significantly more than the abstract idea itself. The claim is not patent eligible.
Independent claim 11 is directed to a device for performing similar claimed limitations to those of claim 1, thus meeting the Step 1 eligibility criterion. The claim recites the same abstract idea as Claim 1. Claim 11 performs the claimed limitations using only generic components of a networked computer system. Therefore, claim 11 is directed to an abstract idea without significantly more for the reasons given in the discussion of claim 1.
Remaining dependent claims 2-10 further recite and narrow the abstract ideas of the independent claims themselves. The claims further recite the additional element of an ad actions predictor component/online feedback system, which represent generic computing elements; the are recited at a high level of generality. The additional elements do not, alone or in combination with the other additional elements, improve the functioning of the computing device or another technology/technical field, nor do they apply or use the judicial exception in some other meaningful way beyond generally linking its use to a particular technological environment. Therefore, the claims do not amount to significantly more than the abstract idea itself. The claims are not patent eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable in view of Arivukkarasu (10909576) in further view of Boudville (20210205715) in even further view of Narayan (20200034874).
As per Claim 1, Arivukkarasu teaches a method comprising:
generating, by a computing device having a processor and addressable memory, a virtual environment where advertisement is provided to a user of a set of one or more users; (the processor represents a generic computing element that performs the claimed limitations ; at least col1, lines 40-60)
determining personalized advertisement for the user of the set of one or more users within the generated virtual environment based on whether a set of publisher preferences are available from a publisher of an advertisement within the generated virtual environment, wherein the set of publisher preferences comprise: a set of group unique advertisements, a group singular advertisement, (at least col6 – last para overlapping col7: “The resulting virtual environment may be used to present related items from a plurality of advertisement providers. For example, the ads may be for items that have a common theme, apply to a common demographic group, are used for the same purpose, or the like. As a specific example, a virtual environment may represent a kitchen in a home. The ads may include various kitchen items such as a refrigerator, stove, dish washer, microwave oven, pots, pans, dish soap, and the like. Each of the items may represent ads from different advertisement providers, and due to the diversity of items presented around the kitchen theme, the ads may represent items with different manufacturers. As a result, the virtual environment may represent an advertisement environment that brings together a variety of items in a single location.”)
Boudville further teaches:
and a non- player character (NPC) advertisement; ( at least: para 69-70)
It would have been obvious for someone skilled in the art at the time of the filing of the invention to modify Arivukkarasu’s existing features, with Boudville’s feature of NPC advertisements, to select and present ads in a virtual environment – Boudville, abstract, para 40. Furthermore, the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Arivukkarasu in view of Boudville further teach:
determining a 2D/3D interactive advertisement as an experience based on the generated virtual environment and availability of the set of publisher preferences, wherein determining the 2D/3D interactive advertisement as an experience is based on receiving data from a set of components and executing at least one of: …a NPC as an advertisement component, (Arivuakkarasu teaches selecting and presenting 2D/3D ads, as noted above, and Boudville further teaches NPC ads – at least para 40)
wherein the NPC as an advertisement component is executed based on receiving data that the publisher has provided advertisements as NPC; (Boudville, para 40)
determining a real time personalization for interactive advertisements based on the determined 2D/3D interactive advertisement as an experience, wherein determining the real time personalization for interactive advertisements is via executing a real time personalization for interactive advertisements component based on whether a user interacts with an advertisement, wherein the real time personalization for interactive advertisements component is configured to continuously check for user interaction data; (Arivukkarasu, at least: col3, last para overlapping col4: “A user interacting with the virtual environment may view multiple items from different advertisement providers. When an ad is selected, advertisement information can be displayed within the virtual environment rather than linking to an external site. The virtual environment can provide a purchase transaction process to allow a user to buy an item or service from within the virtual environment. This may be integrated with a customer account to allow the payment to proceed directly through the communication service provider. Overall, the system helps to retain the user within the virtual environment where the user's interactions with the environment can be monitored and recorded. This interaction information can then be used to refine the virtual environment and the ads presented to the user. The customization of the environment may allow ads of interest to the user to be displayed to increase the chances that the ads will be selected by the user. “; dynamically updating ads – at least col 14, lines 30-55: “ The ability of a network element such as the ad mediation platform 122 to initiate the transfer of ads into the ad cache 114 may allow for dynamic updating and display of the ads in the ad locations within the virtual environment. “)
and determining an interactive advertisement within the virtual environment for each user of the set of one or more users based on the received data from at least one of the components from the set of components. (Arivukkarasu, at least col10 , lines 5-35)
Narayan further teaches:
To update the advertisement and to increase likelihood of future interactions; predicting, by an advertisement actions predictor component, a next advertisement action to present to the user based on at least one of: … past user interactions stored in a user actions database…; wherein the predicted next advertisement action is communicated to the real time personalization for interactive advertisements component to update the interactive advertisement during the user's session (the predictor component/database represent generic computing elements that perform the claimed limitations. at least: para 13, 55, 71, 75, 85 )
It would have been obvious for someone skilled in the art at the time of the filing of the invention to modify Arivukkarasu’s existing features, combined with Boudville’s existing features, with Narayan’s feature of to update the advertisement and to increase likelihood of future interactions; predicting, by an advertisement actions predictor component, a next advertisement action to present to the user based on at least one of: current user interactions with advertisements, past user interactions stored in a user actions database, demographic information for the user obtained via a demographic matcher, and available advertisement actions stored in an advertisement actions database wherein the predicted next advertisement action is communicated to the real time personalization for interactive advertisements component to update the interactive advertisement during the user's session , to modify ads to engage for more users – Narayan, 75. Furthermore, the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per Claim 2, Arivukkarasu in view of Boudville in further view of Narayan teach:
determines the personalized advertisement for the user of a set of one or more users within the generated virtual environment as an initial advertisement offering. (Arivukkarasu, at least: abstract)
As per Claim 3, Arivukkarasu in view of Boudville in further view of Narayan teach:
determines the real time personalization for interactive advertisement after the determination of the personalized advertisement for the user to evolve the interactive advertisement to be more personalized for the user as the user makes interactive choices with the advertisement. (Arivukkarasu,
at least: col3, last para overlapping col4)
As per Claim 4, Arivukkarasu in view of Boudville in further view of Narayan teach:
the custom 2D/3D advertisement in group setting component is configured to select advertisement for different users to show within the virtual environment. (Arivukkarasu, at least: col6, last para overlapping col7)
As per Claim 5, Arivukkarasu in view of Boudville in further view of Narayan teach:
the provided group unique advertisements in the custom 2D/3D advertisement in group setting component is a set of unique advertisements for each user of the set of one more users. (Arivukkarasu teaches providing group ads- at least: col6, last para overlapping col7, as well as providing personalized ads to users – at least col3, last para overlapping col4)
As per Claim 6, Arivukkarasu in view of Boudville in further view of Narayan teach:
wherein the custom group 2D/3D advertisement component is configured to select the same advertisement for different users within the virtual environment, based on the aggregation of all user preferences within the virtual environment. (Arivukkarasu teaches providing group ads- at least: col6, last para overlapping col7, as well as providing personalized ads to users – at least col3, last para overlapping col4)
As per Claim 7, Arivukkarasu in view of Boudville in further view of Narayan teach:
the provided group singular advertisements in the custom group 2D/3D advertisement component is the same advertisements for each user. (Arivukkarasu teaches providing group ads- at least: col6, last para overlapping col7, as well as providing personalized ads to users – at least col3, last para overlapping col4)
As per Claim 8, Arivukkarasu in view of Boudville in further view of Narayan teach:
the NPC as an advertisement component is configured to provide advertisements that are interactive. (Arivukkarasu teaches interactive ads, as noted above; Boudville further teaches NPC ads , as noted above – at least para 69-70.)
As per Claim 9, Arivukkarasu in view of Boudville in further view of Narayan teach:
the user is able to interact with the advertisements within the virtual environment giving input to the advertisement as it evolves. (Arivukkarasu, at least: “the replacement or modification of the ads may be directed by the ad mediation platform 122. The ads in the ad cache 114 may be replaced based on the number of times the ad is displayed in the virtual environment, a given date or time range, a limited number of interactions with the ad, and the like. When the ad manager 112 determines that an ad should be replaced, it may remove the ad from the ad cache 114 or otherwise remove it from a list of ads being sent to the virtual environment application 110 for display in the virtual environment. The ad manager 112 may then selectively reload the ad cache 114 with one or more additional or replacement ads.:, “, “Overall, the system helps to retain the user within the virtual environment where the user's interactions with the environment can be monitored and recorded. This interaction information can then be used to refine the virtual environment and the ads presented to the user.”)
As per Claim 10, Arivukkarasu in view of Boudville in further view of Narayan teach:
determine an initial advertisement state where the user is shown an interactive advertisement; update the determined initial advertisement state to a next state based on receiving input that the user has taken an advertisement action; and update the advertisement with the received user actions based on whether the updated advertisement state allows new actions. (Arivukkarasu, at least: “the replacement or modification of the ads may be directed by the ad mediation platform 122. The ads in the ad cache 114 may be replaced based on the number of times the ad is displayed in the virtual environment, a given date or time range, a limited number of interactions with the ad, and the like. When the ad manager 112 determines that an ad should be replaced, it may remove the ad from the ad cache 114 or otherwise remove it from a list of ads being sent to the virtual environment application 110 for display in the virtual environment. The ad manager 112 may then selectively reload the ad cache 114 with one or more additional or replacement ads.:, “, “Overall, the system helps to retain the user within the virtual environment where the user's interactions with the environment can be monitored and recorded. This interaction information can then be used to refine the virtual environment and the ads presented to the user.”)
As per Claim 11, Arivukkarasu teaches a method comprising:
having a processor and addressable memory, the processor configured to execute a set of components comprising: a custom 2D/3D advertisement in group setting component, wherein the custom 2D/3D advertisement in group setting component is executed based on receiving data that a publisher has provided group unique advertisements; a custom group 2D/3D advertisement component, wherein the custom group2D/3D advertisement component is executed based on receiving data that the publisher has provided group singular advertisements; (the processor/memory represent generic computing elements that perform the claimed limitations ; at least col1, lines 40-60; at least col6 – last para overlapping col7: “The resulting virtual environment may be used to present related items from a plurality of advertisement providers. For example, the ads may be for items that have a common theme, apply to a common demographic group, are used for the same purpose, or the like. As a specific example, a virtual environment may represent a kitchen in a home. The ads may include various kitchen items such as a refrigerator, stove, dish washer, microwave oven, pots, pans, dish soap, and the like. Each of the items may represent ads from different advertisement providers, and due to the diversity of items presented around the kitchen theme, the ads may represent items with different manufacturers. As a result, the virtual environment may represent an advertisement environment that brings together a variety of items in a single location.”)
Boudville further teaches:
a non-player character (NPC) as an advertisement component, wherein the NPC as an advertisement component is executed based on receiving data that the publisher has provided advertisements as NPC; ( at least: para 69-70)
It would have been obvious for someone skilled in the art at the time of the filing of the invention to modify Arivukkarasu’s existing features, with Boudville’s feature of a non-player character (NPC) as an advertisement component, wherein the NPC as an advertisement component is executed based on receiving data that the publisher has provided advertisements as NPC, to select and present ads in a virtual environment – Boudville, abstract, para 40. Furthermore, the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Arivukkarasu in view of Boudville further teach:
and a real time personalization for interactive advertisements component, wherein the real time personalization for interactive advertisements component is executed based on whether a user interacts with an advertisement; (Arivukkarasu, at least: col3, last para overlapping col4: “A user interacting with the virtual environment may view multiple items from different advertisement providers. When an ad is selected, advertisement information can be displayed within the virtual environment rather than linking to an external site. The virtual environment can provide a purchase transaction process to allow a user to buy an item or service from within the virtual environment. This may be integrated with a customer account to allow the payment to proceed directly through the communication service provider. Overall, the system helps to retain the user within the virtual environment where the user's interactions with the environment can be monitored and recorded. This interaction information can then be used to refine the virtual environment and the ads presented to the user. The customization of the environment may allow ads of interest to the user to be displayed to increase the chances that the ads will be selected by the user. “; dynamically updating ads – at least col 14, lines 30-55: “ The ability of a network element such as the ad mediation platform 122 to initiate the transfer of ads into the ad cache 114 may allow for dynamic updating and display of the ads in the ad locations within the virtual environment. “)
wherein the computing device is further configured to: generate a virtual environment where advertisement is provided to a user of a set of one or more users; (Arivukkarasu, at least col1, lines 40-60)
determine personalized advertisement for the user of the set of one or more users within the generated virtual environment based on whether a set of publisher preferences are available from the publisher of an advertisement within the generated virtual environment, wherein the set of publisher preferences comprise: a set of group unique advertisements, a group singular advertisement, (Arivukkarasu, at least col6 – last para overlapping col7: “The resulting virtual environment may be used to present related items from a plurality of advertisement providers. For example, the ads may be for items that have a common theme, apply to a common demographic group, are used for the same purpose, or the like. As a specific example, a virtual environment may represent a kitchen in a home. The ads may include various kitchen items such as a refrigerator, stove, dish washer, microwave oven, pots, pans, dish soap, and the like. Each of the items may represent ads from different advertisement providers, and due to the diversity of items presented around the kitchen theme, the ads may represent items with different manufacturers. As a result, the virtual environment may represent an advertisement environment that brings together a variety of items in a single location.”)
and a NPC advertisement; ( Boudville, at least: para 69-70)
determine a 2D/3D interactive advertisement as an experience based on the generated virtual environment and availability of the set of publisher preferences; determine a real time personalization for interactive advertisements based on the determined 2D/3D interactive advertisement as an experience; and determine an interactive advertisement within the virtual environment for each user of the set of one or more users based on the received data from at least one of the components from the set of components, and wherein the set of components are being continuously executed in real-time thereby checking for user interaction data. (Arivukkarasu, at least: col3, last para overlapping col4: “A user interacting with the virtual environment may view multiple items from different advertisement providers. When an ad is selected, advertisement information can be displayed within the virtual environment rather than linking to an external site. The virtual environment can provide a purchase transaction process to allow a user to buy an item or service from within the virtual environment. This may be integrated with a customer account to allow the payment to proceed directly through the communication service provider. Overall, the system helps to retain the user within the virtual environment where the user's interactions with the environment can be monitored and recorded. This interaction information can then be used to refine the virtual environment and the ads presented to the user. The customization of the environment may allow ads of interest to the user to be displayed to increase the chances that the ads will be selected by the user. “; dynamically updating ads – at least col 14, lines 30-55: “ The ability of a network element such as the ad mediation platform 122 to initiate the transfer of ads into the ad cache 114 may allow for dynamic updating and display of the ads in the ad locations within the virtual environment. “)
Narayan further teaches:
The real time personalization for interactive advertisements component comprises an online feedback system in communication with an ad actions predictor component configured to predict a next ad action to present to the user based on at least one of:… past user interactions…;wherein the ad actions predictor component is configured to receive input from an ad actions database storing available actions that an advertisement can take to give the user more choices (the system/component/database represent generic computing elements that perform the claimed limitations. at least: para 13, 55, 71, 75, 85)
It would have been obvious for someone skilled in the art at the time of the filing of the invention to modify Arivukkarasu’s existing features, combined with Boudville’s existing features, with Narayan’s feature of the real time personalization for interactive advertisements component comprises an online feedback system in communication with an ad actions predictor component configured to predict a next ad action to present to the user based on at least one of: past user interactions…wherein the ad actions predictor component is configured to receive input from an ad actions database storing available actions that an advertisement can take to give the user more choices , to modify ads to engage for more users – Narayan, 75. Furthermore, the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Response to Arguments
Applicant’s arguments have been fully considered; Applicant argues with substance:
Claims do not recite a mental process when they do not contain limitations that can practically be performed in the human mind, for instance when the human mind is not equipped to perform the claim limitations. The claimed invention is not merely "organizing human activity," "advertising," or "mental processes" in the abstract. Instead, it is directed to a real-time, interactive advertisement personalization system within a virtual environment that predicts the next advertisement action using a specialized architecture integrating: an Online Feedback System component receiving continuous, real-time user interaction data; an Ad Actions Predictor component configured to synthesize current interactions, historical user interactions, and available advertisement actions from an Ad Actions Database; a User Interaction Predictor incorporating demographic-based interaction patterns via a User Demographic Matcher; and a closed-loop feedback mechanism that dynamically modifies the ad content presented in a virtual environment. This is a technological implementation that requires and improves computer functionality for delivering interactive ads in mixed-reality systems. It is not a mere recitation of presenting ads, but instead recites how the system achieves this result using a specific, multi-component predictive framework. Thus, the method of Claim 1, combination of each step, cannot be performed entirely in a human activity and mental process.
The claimed invention does recite an abstract idea, as noted above. See Office Action above for the detailed, reasoned 35 USC 101 analysis.
According to amended Claim 1, the steps are integrated into a practical application under MPEP § 2106.05(a)-(h). Specifically, the claimed invention: improves the functioning of a computer system in rendering interactive ads in a virtual environment by dynamically adjusting ads in real time based on multi-source predictive modeling; uses a particular machine-the claimed components (Online Feedback System, Ad Actions Predictor, User Interaction Predictor, User Demographic Matcher) are not generic computing steps, but are implemented as coordinated modules configured to process different data sources in a specific way that conventional ad-serving systems do not; and effects a transformation of the virtual environment by modifying rendered content in real time, in response to predictive outputs, to provide personalized user experiences. This integration is analogous to the patent-eligible systems in McRO v. Bandai Namco Games (837 F.3d 1299, Fed. Cir. 2016), where rules and specific data structures were used to automate a task in a way that improved computer operations and shows the improvement in computer capabilities in management and dissemination of tremendous amounts of data.
The pending claims do recite an abstract idea, and the additional elements do not , alone or in combination, integrate the recited abstract idea into a practical application, nor do they represent significantly more than the abstract idea itself, as noted above. Personalizing ad content based on gathered data/criteria represents a business practice/goal, not other technology/technical field; thus, improving this practice pertains to a business practice optimization, not to an improvement to other technology/technical field. The instant claimed invention and McRO have different claim sets and different fact patterns, and therefore the two are not analogous. Furthermore, in McRO the Courts concluded that the claimed invention was not directed to an abstract idea under prong one of Alice. The Court concluded the subject claims did not recite an abstract idea because the computer animation improved the prior art through the use of rules, rather than artists, to set morph weights and transitions between phonemes. Id. at 1308. Thus, the claimed invention in McRO allowed for computer performance of animation steps that previously had to be performed by human animators. Id. at 1313. Notably, the Court in McRO determined that the process required by the claims was not a process previously used by human animators. Id. at 1314. Therefore, the claims in McRO used "limited rules in a process specifically designed to achieve an improved technological result" over "existing, manual 3-D animation techniques." Id. at 1316. Contrary to McRO, the instant claimed invention is directed towards an abstract idea - see the detailed 35 USC 101 analysis above- and the claims do not recite a computer-automated process that uses rules for animators unlike those previously employed by humans or a similar type of improvement. Rather, the present claims recite certain methods of organizing human activity (i.e., an abstract idea as discussed supra). Applicant’s Spec. further describes the context of the claimed invention as pertaining to the commercial interaction realm, and describes the claimed invention as seeking to, when implemented, at best optimize a business practice/goal: “relates generally to the field of virtual reality interactive advertisement”, “determines the personalized advertisement for the user”, “to evolve the interactive advertisement to be more personalized for the user as the user makes interactive choices with the advertisement”. The pending claims, when implemented, do not improve other technology/technical field, nor do they improve the functioning of the computing device itself. See Office action above for the detailed, reasoned 35 USC 101 analysis.
Claimed invention is similar to Enfish, and thus is directed to patent eligible subject matter
The instant claimed invention and Enfish have different claim sets and different fact patterns, and therefore the two are not analogous. Furthermore, in Enfish, the Courts found that no abstract idea was present, that the claims were directed to a self-referential table for a computer database, and that the claims were directed to an improvement of an existing technology. The Courts further emphasized that the specification taught specific technical benefits over conventional databases. Contrary to Enfish, the instant claimed invention includes an abstract idea (see the 35 USC 101 analysis above), and the claim-set does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as combination do not amount to significantly more than the abstract idea. See Office action above for the detailed, reasoned 35 USC 101 analysis.
Thus, the features of Claim 1 provide significantly more than an abstract idea itself and thus present patentable subject matter under 35 USC 101. Additionally, the claimed architecture yields significant technical benefits: Higher engagement through predictive sequencing of ad actions; Reduced latency in delivering personalized ad experiences by precomputing probable next steps; Greater targeting accuracy by fusing real-time, historical, and demographic data; and Mid-session adaptability that all forms technical advantages of the claimed invention. These advantages flow directly from the claimed structural and functional requirements, not from generic ad selection or presentation techniques. The claimed limitations show a practical application where unconventional integration of prediction modules - The Ad Actions Predictor 920 and User Interaction Predictor 940 operate in tandem, exchanging structured prediction data in real time and using multiple, heterogeneous data sources (user actions DB 942, demographic matcher 944, ad actions DB 922). Also, practical application of continuous, adaptive updating - Predictions are not one-off but dynamically updated as user interaction events occur, enabling immediate changes to ad states and NPC behavior. In addition, practical application of combination of group and singular targeting modes - The system supports both singular and unique targeting (as disclosed in the spec), which changes ad content delivery logic beyond conventional ad-serving approaches. Additionally, practical application of technical field-specific application - Implemented within a virtual environment containing NPC advertisements, requiring specialized rendering and interaction logic. That is, the ordered combination of claim elements recites "significantly more" than an abstract idea. The claims do not simply say "predict the next ad." Instead, they require: particular data structures (Ad Actions Database, User Actions Database, User Database); specialized predictive algorithms using a combination of current interaction data, historical behavior, and available ad actions; inter-component communication between predictive modules to refine outputs before presentation. These limitations impose meaningful boundaries that tie the claims to a specific technological implementation, satisfying Step 2B of the Alice/Mayo framework. Accordingly, the Applicant respectfully asserts that independent Claim 1, as currently amended, does not recite a mental process, is not capable of being performed in the human mind, and thus does not fall under the purview of 35 USC 101. Claims 2-10 depend from currently amended independent Claim 1 and further limit Claim 1.
The pending claims do recite an abstract idea, and the additional elements do not , alone or in combination, integrate the recited abstract idea into a practical application, nor do they represent significantly more than the abstract idea itself, as noted above. The claimed computing elements that are used to implement the claimed invention represent generic computing elements, as noted above; they do not, alone or in combination, integrate the recited abstract idea into a practical application, nor do they represent significantly more than the abstract idea itself, as noted above. Personalizing ad content based on gathered data/criteria represents a business practice/goal, not other technology/technical field; thus, improving this practice pertains to a business practice optimization, not to an improvement to other technology/technical field. Providing higher user engagement with personalized/targeted content/advertising represents a business practice/goal optimization, not an improvement to other technology/technical field. Applicant’s Spec. further describes the context of the claimed invention as pertaining to the commercial interaction realm, and describes the claimed invention as seeking to, when implemented, at best optimize a business practice/goal: “relates generally to the field of virtual reality interactive advertisement”, “determines the personalized advertisement for the user”, “to evolve the interactive advertisement to be more personalized for the user as the user makes interactive choices with the advertisement”. The pending claims, when implemented, do not improve other technology/technical field, nor do they improve the functioning of the computing device itself. See Office action above for the detailed, reasoned 35 USC 101 analysis.
Remaining arguments: Applicant’s remaining arguments have been considered but are moot in view of the new grounds of rejection.
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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRU CIRNU whose telephone number is (571)272-7775. The examiner can normally be reached on M-F 9:00am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ilana Spar can be reached on (571) 270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571- 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Sincerely,
/Alexandru Cirnu/
Primary Patent Examiner, Art Unit 3622
10/20/2025