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
1. This office action is responsive to the restriction election filed on 08/27/2025. Claims 16-20 are elected with traverse. Claims 16-20 are pending examination.
Claim Rejections - 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 16-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 16 is/are drawn to method (i.e., a process). As such, claim 16 is/are drawn to one of the statutory categories of invention.
Claims 16-20 are directed to providing analytics for interactive digital ad tags by creating a decision tree and an extensible markup language modules. Specifically, claim(s) 16 recite(s) receiving questions, prompts and audio files to create a decision tree, the decision tree being included in a first extensible markup language (XML) module; receiving trigger instructions, the trigger instructions being included in a second XML module; packaging the decision tree and trigger instructions into a voice application; receiving an initial ad audio file address directed to an initial ad audio file stored, the initial ad audio file configured to be retrieved to be played, the instructions to retrieve and play the initial ad audio file at the initial ad audio file address being included in a third XML module; receiving a tracking uniform resource locator (URL), the tracking URL being configured to provide a link, the instructions to activate the tracking URL being included in a fourth XML module; and creating an XML file using a schema, the XML file including at least the first, second, third and fourth XML module, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and grouped as following:
receiving questions, prompts and audio files to create a decision tree, the decision tree being included in a first extensible markup language (XML) module; receiving trigger instructions, the trigger instructions being included in a second XML module; packaging the decision tree and trigger instructions into a voice application; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
receiving an initial ad audio file address directed to an initial ad audio file stored, the initial ad audio file configured to be retrieved to be played, the instructions to retrieve and play the initial ad audio file at the initial ad audio file address being included in a third XML module; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
receiving a tracking uniform resource locator (URL), the tracking URL being configured to provide a link, the instructions to activate the tracking URL being included in a fourth XML module; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
creating an XML file using a schema, the XML file including at least the first, second, third and fourth XML module; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as ad server, smart connected device, analytics server merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the ad server, smart connected device, analytics server perform(s) the steps or functions of receiving questions, prompts and audio files to create a decision tree, the decision tree being included in a first extensible markup language (XML) module; receiving trigger instructions, the trigger instructions being included in a second XML module; packaging the decision tree and trigger instructions into a voice application; receiving an initial ad audio file address directed to an initial ad audio file stored, the initial ad audio file configured to be retrieved to be played, the instructions to retrieve and play the initial ad audio file at the initial ad audio file address being included in a third XML module; receiving a tracking uniform resource locator (URL), the tracking URL being configured to provide a link, the instructions to activate the tracking URL being included in a fourth XML module; and creating an XML file using a schema, the XML file including at least the first, second, third and fourth XML module. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a ad server, smart connected device, analytics server to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of providing analytics for interactive digital ad tags by creating a decision tree and an extensible markup language modules. As discussed above, taking the claim elements separately, the ad server, smart connected device, analytics server perform(s) the steps or functions of receiving questions, prompts and audio files to create a decision tree, the decision tree being included in a first extensible markup language (XML) module; receiving trigger instructions, the trigger instructions being included in a second XML module; packaging the decision tree and trigger instructions into a voice application; receiving an initial ad audio file address directed to an initial ad audio file stored, the initial ad audio file configured to be retrieved to be played, the instructions to retrieve and play the initial ad audio file at the initial ad audio file address being included in a third XML module; receiving a tracking uniform resource locator (URL), the tracking URL being configured to provide a link, the instructions to activate the tracking URL being included in a fourth XML module; and creating an XML file using a schema, the XML file including at least the first, second, third and fourth XML module. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of providing analytics for interactive digital ad tags by creating a decision tree and an extensible markup language modules. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 17-20 further describe the abstract idea of providing analytics for interactive digital ad tags by creating a decision tree and an extensible markup language modules. Claim(s) 17-20 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a smart connected device to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of providing analytics for interactive digital ad tags by creating a decision tree and an extensible markup language modules. As discussed above, taking the claim elements separately, the smart connected device perform(s) the steps or functions of receiving resulting instructions configured to be executed upon completion of a branch of the decision tree, the resulting instructions being included in a fifth XML module, the XML file including the fifth XML module; an ad marker, the ad marker configured to act as a trigger to play the initial ad audio file, the ad marker being included in a sixth XML module, the XML file including the sixth XML module; campaign information, the campaign information being included in a seventh XML module, the XML file including the seventh XML module; wherein the XML file is created using a plugin. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of providing analytics for interactive digital ad tags by creating a decision tree and an extensible markup language modules. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
3. In reference to independent claim 16, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations found in the claims of:
“receiving questions, prompts and audio files to create a decision tree, the decision tree being included in a first extensible markup language (XML) module; receiving trigger instructions, the trigger instructions being included in a second XML module; packaging the decision tree and trigger instructions into a voice application; receiving an initial ad audio file address directed to an initial ad audio file stored on an ad server, the initial ad audio file configured to be retrieved to be played on a smart connected device, the instructions to retrieve and play the initial ad audio file at the initial ad audio file address being included in a third XML module; receiving a tracking uniform resource locator (URL), the tracking URL being configured to provide a link to an analytics server, the instructions to activate the tracking URL being included in a fourth XML module; and creating an XML file using a schema, the XML file including at least the first, second, third and fourth XML module.”
Examiner note: none of the references or combined references teach the combination of limitations of claim 16 or no reference found that would teaches the combination of limitations of claim 16, especially the idea of a method and a system of providing analytics for interactive digital ad tags, executing the digital ad tags on a smart connected device, and gathering data regarding the execution of the digital ad tags for an analytics server. The method includes receiving, by the smart connected device, the digital ad tags, where each digital ad tag includes a tracking uniform resource locator (URL), where the digital ad tags are received from a digital ad server. The method further includes activating the tracking URL to provide a link to the analytics server, and sending digital tag instance data to the analytics server through the link. The method further includes receiving listener inputs as a voice application instance data and sending the voice application instance data to the analytics server through the link. The digital tag instance data and voice application instance data is analysed through analytics processes.
The closest reference(s) found is/are similar but barely or do not teach all the limitations/steps of the claims:
Reference 1: US7457397B1 describes the content creation module 65 may also comprise a telephone-based component. This telephone-based component enables content providers to dial in using any available telephony device to record voice to be saved by the server system to be made available for selection by a recorded portion 2022 in any of the VPages associated with that content provider. Additionally, other methods of recording content to be stored at the server system may be provided, including use of a microphone at the content provider's system that may then be recorded over the network connection to the content creation module 65. However it lacks the combination of claimed elements of the pending independent claims.
Reference 2: US20200175566A1 describes adding and prioritizing system and method for products in a product list includes identifying a product using the natural language processing capabilities of a listening device, receiving an audible request to the listening device from a user to add the product to a product list, and prioritizing the product within the product list based on a command from the user to the listening device using the natural language processing capabilities of the listening device through an interactive dialogue with the user. The system and method also includes tracking changes made to the product list and metadata associated with products and changes within the product list, sharing the product list, the changes, and the metadata with at least one of a retailer or a manufacturer. However it lacks the combination of claimed elements of the pending independent claims.
Reference 3: US20200082816A1 describes various embodiments of systems and methods allow a system to embed an item identifier into a content item. A first device can then play an audio trigger that is imperceptible to humans before playing the item identifier. A second device can go into an active listening mode after detecting the audio trigger and record an audio segment contain the embedded item identifier. A system can then decode the item identifier to determine an appropriate context for the second device. The second device can then receive a vocal command or query and respond according to the determined context. In one example, the first device can be a television, and the second device can be a digital assistant (e.g., Amazon Alexa) that detects advertisements played on the television via audio signals embedded in accompanying audio streams. Subsequent user interactions with the digital assistant can then be informed by the context of the recently-heard advertisements. However it lacks the combination of claimed elements of the pending independent claims.
Reference 4: US20130254035A1 describes system is configured to perform the steps of: (a) receiving a request from an ad network for a wireless operator user profile datum, wherein the ad network includes a bidding platform configured to receive bids from third-party bidders; (b) receiving from the bidding platform data representative of which of the third-party bidders within the ad network have a right to request the wireless operator user profile datum based on the respective bids submitted by each of the third-party bidders; (c) receiving a financial consideration from the ad network; (d) delivering the wireless operator user profile datum to the ad network for delivery to the third-party bidders within the ad network having the right to request the wireless operator user profile datum; and (e) sharing a portion of the financial consideration with a corresponding wireless operator from which the wireless operator user profile datum is derived. However it lacks the combination of claimed elements of the pending independent claims.
Reference 5: US12094018B1 describes system and a computer-implement method is provided. A first user input is received and analyzed to generate a relative novelty score, where the first user input is relatively compared with a second input, second user, plurality of users, panel of judges, algorithm, qualified expert, some variation, and/or the like, is presented. The input novelty score system is analyzed against a relative novelty criteria, wherein a violation of the relative novelty criteria/fitness/threshold generates a prompt. The prompt may comprise a request, adjustment, alert, acknowledgement, correction, suggestion, decision, counter-proposal, fee-adjustment, billing-adjustment, score-adjustment, competition, and/or a litigation. The prompt is sent to an entity to interrogate and/or receive a decision, wherein the decision may be characterized as a final, partial absolute, temporary, contingent, conditional, circumstantial, finite, counter, acceptance, suspension, throttle, variation, termination, suggestion, rejection, grant, license, litigation, arbitration, and/or mediation. However it lacks the combination of claimed elements of the pending independent claims.
NPL Reference
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Ad Tag” describes “An ad tag is code publishers place on websites in order to sell ad space. It consists of two parts: 1) a URL and 2) a piece of HTML or JavaScript code. Working together, these two parts first request content (ads or other ad tags) from the URL and then instruct the browser how to display the content.
What is an ad tag?
An ad tag is a piece of code that is inserted into a website or app to display advertisements. When someone visits the website or app, the ad tag tells the ad server to serve up an ad, which is then displayed on the website or app. Ad tags can be used to display a variety of different types of ads, including banners, pop-ups, and video ads. Ad tags are used by advertisers to reach specific audiences and to track the performance of their ad campaigns. Digital marketing advertisers use ad tags to display ads on websites and apps that have a relevant audience in the hopes of getting those users to take some desired action, such as clicking on the ad, making a purchase, or signing up for a newsletter. Advertisers might use ad tags to display a variety of different types of ads, including banner ads, video ads, and rich media ads. They might also use ad tags to target specific audiences, such as users who have previously shown an interest in similar products or services. Ad tags are also used by website and app owners to monetize their content. By inserting ad tags into their websites or apps, they can display ads and earn revenue from those ads. Overall, ad tags are used by advertisers and website and app owners as a way to reach specific audiences and to track the performance of ad campaigns. They are an important tool in the world of digital advertising.”.
Pertinent Art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#20220252411 teaches similar invention which describes algorithm used in the framework of supervised multi-label classification is determined empirically and these empirical iterations will continue over time based upon data developed within the dynamic databases. The specific machine learning models that fit this framework include at least the Gradient Boosted Decision Trees and Neural Networks models. There are numerous well-known algorithms available for solving multi-label classification problems. These include multilabel K nearest neighbor, neural networks, and decision trees. Each of these algorithms provide better predictive accuracies compared with other known algorithms depending on the data and data sets available. The SC device(s) checks for the accuracy of the predictions derived from each of these algorithms periodically and chooses which of the algorithms to employ based on the datasets of business metrics available to achieve the best predictive analytics.
Response to Arguments
6. Applicant's arguments filed 08/27/2025 have been fully considered but they are not persuasive.
A. Applicant has elected claims 16-20 with traverse.
Examiner request that claims 1-4, 6-9, 11-15 to be canceled for claims being different as listed below:
Claims 1, and 6:A method of providing analytics for an interactive digital ad tag executed on a smart connected device, and gathering data regarding the execution of the digital ad tags for an analytics server, the method comprising: creating the interactive digital ad tag on a digital ad server, the digital ad tag comprising a tracking uniform resource locator (URL), and a voice application, the voice application including recording audio files, and a decision tree, the decision tree comprising a set of logical rules for the handling of user interactions with the digital ad tag from a microphone; receiving, by the smart connected device, the digital ad tag, the digital ad tag and the digital ad tag being received from the digital ad server; activating the tracking URL, the tracking URL providing a link to the analytics server; upon activation of the tracking URL, gathering and sending a digital tag instance data to the analytics server through the link; executing the digital ad tags and receiving listener input as a voice application instance data to the smart connected device, the voice application instance data comprising listener input data; and after execution of the digital ad tags and receiving voice application instance data, gathering and sending the voice application instance data to the analytics server through the link, wherein the digital tag instance data and voice application instance data is analyzed through analytics processes to determine an effectiveness and adoption rate of the interactive audio ad or digital ad tag, aiding in optimizing user adoption through modifying the interactive digital ad tag and deploying the interactive digital ad tag in subsequent iterations.
Claim 11:A method for executing a digital ad tag on a smart connected device, the method comprising: receiving the digital ad tag, the digital ad tag including a tracking uniform resource locator (URL), an initial audio file, a predetermined trigger instruction, and a decision tree; activating the tracking URL and sending the digital tag instance data to an analytics server; playing initial ad audio file on the speaker of the smart connected device; recording the audio response from a user on the microphone of the smart connected device; if a response does not match the predetermined trigger instruction, sending a nil voice application instance data to the analytics server; if a response matches a predetermined trigger instruction: following the decision tree by playing at least one audio file from the digital ad tag and recording at least one response from the user on the microphone of the smart connected device; sending the at least one response from the user as a voice application instance data to analytics server; and executing resulting instructions as provided in the decision tree.
Claim 16:
A method of creating a digital ad tag, the method comprising: receiving questions, prompts and audio files to create a decision tree, the decision tree being included in a first extensible markup language (XML) module; receiving trigger instructions, the trigger instructions being included in a second XML module; packaging the decision tree and trigger instructions into a voice application; receiving an initial ad audio file address directed to an initial ad audio file stored on an ad server, the initial ad audio file configured to be retrieved to be played on a smart connected device, the instructions to retrieve and play the initial ad audio file at the initial ad audio file address being included in a third XML module; receiving a tracking uniform resource locator (URL), the tracking URL being configured to provide a link to an analytics server, the instructions to activate the tracking URL being included in a fourth XML module; and creating an XML file using a schema, the XML file including at least the first, second, third and fourth XML module.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached on (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B