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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 27th, 2026 has been entered.
Status of Claims
The office action is being examined in response to the application filed by the applicant on April 27th, 2026.
Claims 1 – 3, 6 – 7, and 9 – 20 have been amended and are hereby entered.
This action is made NON-FINAL.
The examiner would like to note that this application is now being handled by examiner Bill Chen.
Response to Arguments
Applicant’s arguments filed on April 27th, 2026 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments against the 101 rejection of claims 1 – 12 on p. 11 – 12: Applicant argues that the amended claims provide a technical solution by reducing computational load through reducing unnecessary queries and proactively transmitting content prior to a predicted future interaction. Applicant further argues that the claims are analogous to DDR Holdings and USPTO Subject Matter Eligibility Example 37. Those arguments are not persuasive because they are not commensurate with the scope of the claims.
Specifically, although Applicant asserts that the claimed invention reduces computation overhead, minimizes network latency, reduces bandwidth consumption, and decreases operational load, the claims do not recite any limitations directed to improving processor operation/memory management/network communications/or any other aspect of computer technology. Rather, the claims merely recite determining that two users have consumed media content, determining a predicted future interaction, identifying location data, determining a predicted future location, identifying related media content, and transmitting that content prior to the predicted future interaction and prior to receiving a request for the content.
These limitations merely define when content is selected and transmitted based upon specified criteria. The claims do not recite how any computer, network, or communication system is technologically improved or modified to achieve Applicant’s alleged reduction in computational overhead. Any reduction in queries or user requests results from the abstract decision to proactively provide information rather than from an improvement to the functioning of the computer itself.
Accordingly, Applicant’s asserted benefits represent improvements in the efficiency of the underlying abstract idea of information selection and delivery rather than improvements to computer technology. Improving a decision-making process or reducing the need for future user interaction does not, by itself, constitute an improvement to computer functionality.
Applicant’s reliance on DDR Holdings is likewise unpersuasive. The claims in DDR Holdings addressed a problem specifically arising in computer networks by modifying the conventional operation of Internet hyperlink navigation. In contrast, the present claims do not modify the operation of computer networks, communication protocols, media transmission techniques, or other technological processes. Instead, the claims use generic computing components as tools for implementing the abstract idea of predicting future user interactions and transmitting related content.
Applicant also relies upon USPTO Subject Matter Eligibility Example 37. However, Example 37 involved an improvement to the operation of a graphical user interface by automatically rearranging icons in a manner that improved the interface itself. The present claims do not improve a graphical user interface, media delivery protocol, or computer functionality. Rather, the claims merely determine what content should be transmitted and when it should be transmitted.
Accordingly, Applicant has not identified any claim limitation that integrates the judicial exception into a practical application or demonstrates an improvement to computer technology. The claims remain directed to collecting information, analyzing the information to predict future interactions and future locations, identifying related media content, and transmitting that content, which constitute mental processes and certain methods of organizing human activity implemented using generic computer components.
Therefore, the rejection under 35 U.S.C. § 101 is maintained.
Regarding Applicant’s arguments against the 102 rejection on p. 12 – 13: Applicant argues that Sinha does not disclose a “predicted future interaction between the first and the second user” and that Sinha only predicts engagement for a single user. Applicant’s arguments have been considered and are persuasive with respect to the amended limitations. The amended claims now recite, inter alia: “identifying… location data of the second user; determining a predicted… and the location data of the second user; identifying a second media content… predicted future interaction.”
The anticipation rejection interpreted the recited “… predicted future interaction” limitation broadly. However, upon further consideration of the claim language in light of the specification, the Examiner agrees that Sinha’s disclosure is directed to predicting a user’s engagement with future interactive content and does not expressly or inherently disclose determining a predicted future interaction between a first user and a second user as presently claimed. While Sinha utilizes information associated with multiple users during prediction and model training, the reference does not disclose predicting a future interaction between two particular users.
The Examiner agrees that Sinha’s disclosure of predicting user engagement with future interactive content does not expressly disclose or inherently teach determining a future location associated with a future interaction between two specific users based upon respective location data of those users. Furthermore, Sinha does not appear to disclose selecting content based upon both (a) a predictive future interaction between two users and (b) a predicted future location derived from location data associated with the two users.
Accordingly, the Applicant’s arguments regarding the amended limitations are persuasive as to the anticipation rejection based solely upon Sinha. Therefore, the rejection of claim 1 – 4, 6 – 14, and 16 – 20 under 35 U.S.C. § 102(a)(1) over Sinha will not be maintained. A new ground of rejection is set forth below.
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 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more, and therefore does not recite patent-eligible subject matter. Firstly, it should be stated that claim 1 will be representative of the independent claim set 1 and 11.
Step 2A, Prong 1: The abstract idea is defined by the elements of:
transmitting, to a first device associated with a first user, a first media content item;
transmitting, to a second device associated with a second user, the first media content item;
determining a predicted future interaction between the first user and the second user;
identifying location data of the first user and location data of the second user;
determining a predicted future location based on the predicted future interaction, the location data of the first user, and the location data of the second user; and
based at least in part on the predicted future location and the predicted future interaction, identifying a second media content item comprising content related to the first media content item; and prior to the predicted future interaction occurring and prior to receiving an input requesting content related to the first media content item:
transmitting, based at least in part on identifying the second media content item, the second media content item to the first device to be presented to the first user and to the second device to be presented to the second user.
The limitations recite observing information about users, evaluating that information, making predictions regarding future user behavior, determining content that may be relevant to the users, and providing that content based on the prediction. Such activities can practically be performed mentally or with the aid of pen and paper by a human coordinator, teacher, meeting organizer, or manager who observes what content multiple individuals have consumed, predicts where and when those individuals may interact in the future, determines what content may be useful to them, and distributes the content before the anticipated interaction. The limitations therefore recite concepts performed in the human mind, including observation, evaluating, judgment, and opinion, and thus fall within the mental processes grouping identified in MPEP § 2106.04(a)(2)(III).
Additionally, the claims are directed to managing interpersonal interactions between users by determining when users are likely to interact and coordinating the presentation of information to those users before the anticipated interaction. Such activity constitutes a certain method of organizing human activity, specifically managing personal behavior and interactions between people.
The claims therefore recite an abstract idea.
Step 2A, Prong 2: For independent claims 1 and 11, The claims do not integrate the abstract idea into a practical application. Though the claims recite devices, control circuitry, user devices, location data, media content items, and content transmission, these additional elements are recited at a high level of generality and merely serve as tools for implementing the abstract idea. The claims do not recite: (i) an improvement to computer functionality, (ii) an improvement to network technology, (iii) an improvement to media delivery protocols, (iv) an improvement to location tracking systems, (v) an improvement to database operations, (vi) an improvement to communication bandwidth utilization, or any other technological improvement.
The additional limitations merely automate the abstract process of determining what information should be provided to users before an anticipated interaction. The claims therefore use generic computing technology as a tool to perform the abstract idea and do not integrate the exception into a practical application. See MPEP §§ 2106.05(a) and 2106.05(f).
Step 2B: For independent claims 1 and 11, the claim elements, viewed individually and as an ordered combination, do not include any additional limitations that amount to significantly more than the abstract idea. The additional elements include generic computing components such as: (a) a first device, (b) a second device, (c) control circuitry, (d) location data, (e) media content items, and (f) transmission of content. These elements perform their ordinary and generic functions of receiving data, storing data, analyzing data, transmitting data, and presenting content. The claims merely implement the abstract idea using generic computer technology. The ordered combination simply performs the generic sequence of collecting information, analyzing information, predicting future events, selecting content, and presenting the selected content.
Regarding the dependent claims, the claims cover or fall under the same abstract idea of a method of organizing human activity. They describe additional limitations steps of:
Claims 2 – 10 and 12 – 20: further recite details of the same abstract idea, including determining user profile information, identifying trigger objects, determining social-circle membership, determining media duration, and determining convenient-presentation times. Thus, being directed to the abstract idea group of mental processes as these functions encompass observation, evaluation, judgment, and opinion and can be performed mentally or in pen and paper.
Step 2A Prong 2 and Step 2B: For dependent claims, these claims do not include additional elements but further instruct one to practice the abstract idea by using general computer components that merely are used as a tool. Thus, it amounts no more than mere instructions to apply the exception using a generic computer component (MPEP 2106.05(f)). Therefore, these claim limitations amount to no more than mere instructions to apply the exception using generic computer components and/or computing technologies, refer to MPEP 2106.05(f).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 20 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Edwards (US20170171715 A1).
Regarding claims 1 and 11:
Edwards discloses:
transmitting, to a first device associated with a first user, a first media content item [Fig. 4; ¶0016, ¶0040]: Media content is distributed to user devices through a server and/or communication systems;
transmitting, to a second device associated with a second user, the first media content item [Fig. 4; ¶0016, ¶0040]: Media content is distributed to user devices through a server and/or communication systems;
based at least in part on determining that the first user has consumed the first media content item at the first device and that the second user has consumed the first media content item at the second device: determining a predicted future interaction between the first user and the second user [Fig. 4; ¶0039]: After delivering content to the devices, the communication system reads for an interaction/activity before producing a predicted future activity as well as a predicted future location;
identifying location data of the first user and location data of the second user [Fig. 4; ¶0039]: After delivering content to the devices, the communication system reads for an interaction/activity before producing a predicted future activity as well as a predicted future location;
determining a predicted future location based on the predicted future interaction, the location data of the first user, and the location data of the second user [Fig. 4; ¶0039]: After delivering content to the devices, the communication system reads for an interaction/activity before producing a predicted future activity as well as a predicted future location; and
based at least in part on the predicted future location and the predicted future interaction, identifying a second media content item comprising content related to the first media content item; and prior to the predicted future interaction occurring [Fig. 4; ¶0039]: After delivering content to the devices, the communication system reads for an interaction/activity before producing a predicted future activity as well as a predicted future location;
prior to receiving an input requesting content related to the first media content item: transmitting, based at least in part on identifying the second media content item, the second media content item to the first device to be presented to the first user and to the second device to be presented to the second user [¶0039]: Once a predicted future interaction and future location have been generated, the system may present the predictions to the users on their network device.
Regarding claims 2 and 12:
Edwards discloses:
determining first user information relating to the first user [¶0012]: The system is configured to monitor devices and identify a user as well as information associated with the said user;
determining second user information relating to the second user [¶0012]: The system is configured to monitor devices and identify a user as well as information associated with the said user;
determining whether each of the first and second user information corresponds to a parameter of the first media content item [Fig. 5; ¶0050]: The communication device is configured to monitor location and activity between users and share that information to both of the users to facilitate interaction between one another. Furthermore, the monitored factors may be utilized to generate a likelihood value; and
causing, in response to determining that each of the first and second user information corresponds to the parameter of the first media content item, the first media content item to be presented to each of the first and second users [Fig. 4; ¶0047 – 0048]: Upon monitoring user activity and interaction, the communication device is configured to deliver media to the users.
Regarding claims 3 and 13:
Edwards discloses:
determining whether a trigger object is in a field of view of each of the first and second users; and [Figs. 3 – 4; ¶0039]: The communication system delivers content to users including mapping data, messages, audio, video, and/or other data to a device.
causing, in response to determining that the trigger object is in the field of view of each of the first and second users, the first media content item to be presented to each of the first and second users [Figs. 3 – 4; ¶0039]: The map is configured to have interactive regions for users to discover predicted activity and future locations.
Regarding claims 4 and 14:
Edwards discloses:
determining first user information relating to the first user, wherein the first user information comprises at least one of calendar data, geolocation data or virtual location data of the first user, or online comments of the first user [Fig. 3; ¶0017]: The system is configured to monitor user devices for various information (i.e., GPS data of a user, device activity, ongoing or previous communication, etc.);
determining second user information relating to the second user, wherein the second user information comprises at least one of calendar data, geolocation data or virtual location data of the second user or online comments of the second user [Fig. 3; ¶0017]: The system is configured to monitor user devices for various information (i.e., GPS data of a user, device activity, ongoing or previous communication, etc.); and
determining the predicted future interaction based on the first and second user information [Fig. 3; ¶0017]: Future location data is predicted upon analyzing user activity.
Regarding claims 5 and 15:
Edwards discloses:
determining whether the first and second users each belong to a social circle based on the first and second user information [¶0018]: A user is able to import their contact list to the application to allow the system to further determine relationships; and
causing, in response to determining that the first and second users each belong to the social circle, the second media content item to be presented to each of the first and second users prior to the predicted future interaction [¶0019]: Upon determining a relationship between users, the system delivers the interactive regions to the respective users.
Regarding claims 6 and 16:
Edwards discloses:
determining a duration of the second media content item [¶0019]: The server is able to modify and adjust delivered media content upon changes in a user’s environment. Media content may be modified “such as where current activities are completed, locations are changed, and/or other events occur that alter a prediction such as with respect to a predicted future location and/or activity.”; and
causing the second media content item to be presented at the first device and the second device at a first point in time spaced before the predicted future interaction by at least the duration [¶0019]: Upon updating the delivered media to users, the system presents the newly adjusted interactive regions to users.
Regarding claims 7 and 17:
Edwards discloses:
determining a first convenient point in time for the first user using the first user information, and a second convenient point in time for the second user using the second user information, wherein each of the first and second convenient points in time precede the first point in time, and the first and second convenient points in time are different from each other [¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user and deliver information according to the suggested time; and
causing the second media content item to be presented at the first device at the first convenient point and to the second device at the second convenient point [¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user and deliver information according to the suggested time.
Regarding claims 8 and 18:
Edwards discloses:
determining a first window of time of the first user and a second window of time of the second user, each of the first and second windows of time having a start point and an end point in time; and [¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user. Alternatively, the system is configured to send automated-check ins to record further activity.
determining a second point in time indicating a start of the predicted future interaction, wherein the end point of each of the first and second windows of time and the second point match one another [¶0028]: An interactive region, associated with data from a user, is generated and provides predicted future interactions for said user;
setting the first convenient point in time in between the start point of the first window of time and the first point in time and setting the second convenient point in time in between the start point of the second window of time and the first point in time ¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user and deliver information according to the suggested time.
Regarding claims 9 and 19:
Edwards discloses:
determining, in response to determining that each of the first and second users has consumed the first media content item, a positive response of the first user and a positive response of the second user to the first media content item [Fig. 4; ¶0039]: The communication system monitors metadata for delivering content which includes mapping data, messages, audio, video, and other data. Furthermore, the interaction region logs a variety of data including activity regarding content;
determining whether each of the positive response of the first user and the positive response of the second user has exceeded a positive response threshold [Fig. 4; ¶0039]: The communication system monitors metadata for delivering content which includes mapping data, messages, audio, video, and other data. Furthermore, the interaction region logs a variety of data including activity regarding content; and
causing, in response to determining that each of the positive response of the first user and the positive response of the second user has exceeded the positive response threshold, the second media content item to be presented at the first device and the second device prior to the predicted future interaction [Fig. 4; ¶0039]: Upon determining activity from the first interaction region, a second interaction region may be presented accordingly.
Regarding claims 10 and 20:
Edwards discloses:
transmitting the first media content item at a first device to be presented to a first user and at a second device to be presented to and a second user [Fig. 4; ¶0016, ¶0040]: Media content is distributed to user devices through a server and/or communication systems;
determining the predicted future interaction between the first user and the second user further comprises determining a plurality of predicted future interactions between the first user and the second user [Fig. 4; ¶0039]: After delivering content to the devices, the communication system reads for an interaction/activity before producing a predicted future activity as well as a predicted future location; and
transmitting the second media content item to be presented at the first device and the second device prior to the predicted future interaction further comprises: determining a time gap between each two successive predicted future interactions of the plurality of the predicted future interactions [¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user and deliver information according to the suggested time;
mapping each predicted future interaction to each time gap, preceding and adjacent to each predicted future interaction [Fig. 4; ¶0039]: After delivering content to the devices, the communication system reads for an interaction/activity before producing a predicted future activity as well as a predicted future location;
setting a presentation threshold related to the second media content item based on the lifetime of the first media content item [¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user and deliver information according to the suggested time;
determining whether each time gap exceeds the presentation threshold [¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user and deliver information according to the suggested time; and
causing the second media content item to be presented at the first device and the second device prior to each predicted future interaction, wherein the mapped time gap exceeds the presentation threshold [¶0021, 0023 - 0026]: Configured to monitor user activity and GPS data, the system is able to determine an effective time period for a user and deliver information according to the suggested time.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Bhan (US20230325857 A1) is pertinent because it is directly related to “selectively engaging users in a network system thar create sentiment- based content.”
Holtzclaw (US9369536 B1) is pertinent because it is directed to “generating a timeline of significant events associated with a user and of user behavior that is contextually relevant to the events are described herein.”
Welinder (US20150180980 A1) is pertinent because it is related to “systems and methods for creating shared virtual spaces.”
Singh (WO2020219245 A1) is pertinent because it is directly related to “enabling providing event suggestions based on input from a plurality of data sources including: user data including interests, travel modes and habits, calendar data including free/busy and location information associated therewith, map data including means for determining current and predicted traffic conditions and event data corresponding to a plurality of events from which recommendations are generated.”
Chen (US20190222899 A1) is pertinent because it is directed to “the field of Internet technologies, and in particular, to a media content recommendation method, a server, a client, and a storage medium.”
Lewis (US20240223527 A1) is pertinent because it is related to “social media sharing and more particularly to systems, methods and computer readable media that facilitate identifying and recommending content for sharing in a social setting based on personal user preferences and privacy settings.”
Smarr (US10122791 B2) is pertinent because it is directly related to “computer software systems and methods, in particular, systems and methods for the creation and maintenance of social networks in social networking applications.”
Koshy (US20240259634 A1) is pertinent because it is directed to “systems and methods for providing media content recommendations for various media content distribution systems, and more particularly providing media content recommendations based on user input to a reinforcement learning model.”
Kalmes (US20140149326 A1) is pertinent because it is related to “the recommendation of media content items.”
Shaw (EP3105928 A1) is pertinent because it is directly related to “delivering media content to an output device.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bill Chen whose telephone number is (571)270-0660. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Uber can be reached on (571) 270-3923. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BILL CHEN/Examiner, Art Unit 3626
/NATHAN C UBER/Supervisory Patent Examiner, Art Unit 3626
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