DETAILED ACTION
This is in reference to communication received 05 January 2026. Claims 1 – 20 are pending for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Independent claim 1, representative of claims 11 and 17, in part is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 11 recites invention directed to
receiving a content collection including a content element and an advertising element, determination is made that the advertising element is to be displayed after the content element to the user on their first-user-interface, subsequent to which a second-user-interface comprising advertising-area for displaying advertising data and an interaction-area for providing interaction-element, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising). Therefore, the claims recite a judicial exception.
In addition, claimed invention is directed to defining how the layout of plurality of user-interfaces and defining that when determination is made that an advertising-element has to be displayed, a second-user-interface with the advertising-element is presented to the user on the user-interface used by the user, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising). Therefore, the claims recite a judicial exception.
Represented claims 11 and 17, which do recite statutory categories (machine, product of manufacture, for example), the same analysis as above applies to these claims since the method steps are the same. However, the judicial exception is not integrated into a practical application. These claims add the generic computer components (additional elements) of a system comprising one or more hardware processors and a memory (claim 11), and a non-transitory machine-readable medium comprising instructions that when executed by a processor of a machine cause the machine to perform the method addressed above (claim 17).
The processor, memory, and non-transitory machine-readable medium are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the processor, memory, and non-transitory machine-readable medium amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
When taken as an ordered combination, nothing is added that is not already present when the elements are taken individually. When viewed as a whole, the marketing activities amount to instructions applied using generic computer components.
As for dependent claims 2 – 10, 12 – 16 and 18, these claims recite limitations that further define the same abstract idea of disclosing additional limitations that further limit the abstract idea with details regarding making a determination that the advertising element is compatible with user interactions based on data obtained from a server wherein animated avatar will displayed in the interaction area; user is enabled to select their avatar, defining avatar corresponding to the user(s) which will be presented in the presentation area in conjunction with text content provided by an additional user in a social graph of the user; generating an engagement score for the user based on the record of the input of the user; determining a frequency of presentation of advertising elements based on the engagement score. Thus, the dependent claims merely provide additional non-structural (and predominantly non-functional) details that fail to meaningfully limit the claims or the abstract idea(s).
As for dependent claim 20, this claim recite limitations that further define the same abstract idea of defining that the content element is one of a plurality of content elements; the advertising element is one of a plurality of advertising elements; determining first display time data indicating a first amount of time that the plurality of content elements are displayed, and determining second display time data indicating a second amount of time that the plurality of advertising elements are displayed; determine whether any user input need to be skipped during displaying of advertisement, and causing display of the one or more additional content elements and the one or more additional advertising elements according to the modified presentation order. Thus, the dependent claim 20 merely provide additional non-structural (and predominantly non-functional) details that fail to meaningfully limit the claims or the abstract idea(s).
Additionally, claim 20 recites limitations:
determining one or more user inputs to skip content during display of the plurality of content elements and during display of the plurality of advertising elements;
determining an advertising display time to a content element display time ratio based on the first amount of time, the second amount of time, and the one or more user inputs to skip content during display of the plurality of content elements and during display of the plurality of advertising elements;
As currently claimed, it is deemed that the recited steps are insignificant extra-solution activity because the results of the determination of skipping of content is not used in the claimed invention. Claimed invention will produce similar results without the two recited steps as noted above.
Therefore, claims 1 – 20 are not drawn to eligible subject matter, as they are directed to an abstract idea without significantly more.
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 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over CNN-Business YouTube video “Snapchat scares up its first ad” in view of Mandelsohn US Publication 2006/0293103
Regarding claim 1 and represented claims 11 and 17, CNN-Business teaches that Snapchat will put ads in user’ public update feeds [CNN-Business, page 1] comprising:
a display (CNN-Business, Snapchat app executing on a user’s mobile device) [CNN-Business, page 1];
one or more hardware processors (CNN-Business, Snapchat app executing on a user’s mobile device) [CNN-Business, page 1];
memory storing computer-readable instructions that, when executed by the one or more hardware processors, cause the one or more hardware processors (CNN-Business, Snapchat app executing on a user’s mobile device) [CNN-Business, page 1] to perform operations comprising:
receiving, by a computing device having one or more processors and memory, a content collection including a content element and an advertising element
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[CNN-Business, page 8], wherein: the advertising element includes advertising data that has been merged with interaction element data, the advertising data includes an advertising element, and the interaction element data includes an interaction element
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[CNN-Business, page 9];
CNN-Business does not explicitly teach using avatars. However, Mandelsohn teaches system and method for networking or associating a plurality of electronic devices such as systems to a common controller and awarding, tracking and managing rewards based upon account activity of a player who has a unique identifier. When the player accesses the theme park activities in the live, namely In Park, there are predetermined rewards which are redeemable when the system is later accessed At Home [Mandelsohn, 0006]. Mandelsohn further teaches users can open an avatar profile ("ID card") of other users. The profile will include basic statistical information about the other user. The data is represented using icons [Mandelsohn, 0067].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify CNN-Business in view of Mandelsohn by adopting teachings of Mandelsohn to implement an interactive cooperative mobile communication environment for group of users.
CNN-Business in view of Mandelsohn teaches system and method further comprising:
receiving, by a computing device having one or more processors and memory, a content collection including a content element and an advertising element [CNN-Business, page 8], wherein: the advertising element includes advertising data that has been merged with interaction element data, the advertising data includes an advertising element, and the interaction element data includes an interaction element [CNN-Business, page 9] comprising an avatar (Mandelsohn, A player creates their avatar when first logging into the game, and the created avatar is stored in a player database. Information collected and stored about each user includes: avatar name, and avatar slogan/mission statement) [Mandelsohn, 0065];
causing, by the computing device, a first user interface to be displayed on a display of the computing device in conjunction with a client application, the first user interface having a display area to display the content element
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[CNN-Business, page 5, 6];
determining, by the computing device, that the advertising element is to be displayed after displaying the content element
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[CNN-Business, page 8];
causing, by the computing device, a second user interface to be displayed on the display, the second user interface having a modified display area divided into an interaction area and an advertising display area, wherein the advertising display area is separate from the interaction area
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[CNN-Business, page 8]
(Interaction area is outside of the advertising display area area);
causing, by the computing device, the advertising element to be displayed in the advertising display area based on the advertising data being merged with the interaction element data such that the advertising area is reconfigured for display within a portion of a user interface having the advertising display area separate from the interaction area, and the interaction area is located outside the boundaries of the advertising display area
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[CNN-Business, page 9, 10]
(advertising area is reconfigured for display within a portion of user interface); and
causing, by the computing device and while the advertising element is displayed in the advertising display area, the interaction element to be displayed in the interaction area
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[CNN-Business, page 9, 10].
Regarding claim 2, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method further comprising:
determining, by the computing device, that the advertising element is compatible with user interactions based on data obtained from a server system and wherein the avatar is displayed [Mandelsohn, as responded to above] in the interaction area in response to determining that the advertising element is compatible with user interactions
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[CNN-Business, page 9, 10].
Regarding claim 3, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method further comprising:
receiving, by the computing device via the display, a touch input [CNN-Business, page 9, 10] to select the avatar; and causing, by the computing device, the second user interface to be modified by causing an animation to be performed with respect to the avatar (Mandelsohn, A player creates their avatar when first logging into the game, and the created avatar is stored in a player database. Information collected and stored about each user includes: avatar name, and avatar slogan/mission statement.) [Mandelsohn, 0065].
Regarding claim 4, CNN-Business in view of Mandelsohn does not explicitly teach additional avatars for additional users. However, Mandelsohn teaches Mandelsohn teaches system and method for networking or associating a plurality of electronic devices such as systems to a common controller and awarding, tracking and managing rewards based upon account activity of a player who has a unique identifier. When the player accesses the theme park activities in the live, namely In Park, there are predetermined rewards which are redeemable when the system is later accessed At Home [Mandelsohn, 0006]. Mandelsohn further teaches users can open an avatar profile ("ID card") of other users. The profile will include basic statistical information about the other user. The data is represented using icons [Mandelsohn, 0067].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify CNN-Business in view of Mandelsohn by adopting teachings of Mandelsohn to implement an interactive cooperative mobile communication environment for group of users.
as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein the avatar corresponds to a user of the client application, and the method comprises causing one or more additional avatars to be displayed in the interaction area, the one or more additional avatars corresponding to one or more additional users of the client application (Mandelsohn, Users can open an avatar profile ("ID card") of other users. The profile will include basic statistical information about the other user. The data is represented using icons) [Mandelsohn, 0067].
Regarding claim 5, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein the one or more additional users are included in a social graph of the user (Mandelsohn, The average players' activities in the Magic Kingdom can consist of socializing with other players, collecting and trading charms, competing for high scores in the multiuser games, and personalizing their own rooms. The image receiving unit 107 may receive the image transmitted from the computer device 150 or obtained from the WWW 140, such as the server 110 receiving a hyperlink of an image location from the computer device 150) [Mandelsohn, 0067].
Regarding claim 6 as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method further comprising:
causing display of an additional avatar of the one or more additional avatars in the interaction area in conjunction with text content provided by an additional user of the one or more additional users that corresponds to the additional avatar (Mandelsohn, In VMK, each player is represented by an avatar, a human character in the game) [Mandelsohn, 0065].
Regarding claim 7, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method further comprising:
causing display of an additional avatar of the one or more additional avatars in the interaction area based on an additional user of the one or more additional users viewing the advertising element (Mandelsohn, In VMK, each player is represented by an avatar, a human character in the game) [Mandelsohn, 0065, also see 0067].
Regarding claim 8, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein:
the avatar corresponds to a user of the client application (Mandelsohn, In VMK, each player is represented by an avatar, a human character in the game.) [Mandelsohn, 0065]; and
features of the avatar are based on at least one of a location of the user or an event corresponding to the user [CNN-Business, page 9, 10].
Regarding claim 9, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method further comprising:
generating a record of input of a user of the client application with one or more interaction elements displayed during presentation of one or more advertising elements (Mandelsohn, Conversations in all parts of VMK are logged and can be monitored at any time without warning) [Mandelsohn, 0221]; and
generating an engagement score for the user based on the record of the input of the user (Mandelsohn, Both individual and team scores are saved to promote team play. The high scores are published on the VMK website) [Mandelsohn, 0131].
Regarding claim 10, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method further comprising:
determining a frequency of presentation of advertising elements with respect to the user of the client application based on the engagement score (Mandelsohn, award rewards for combinations of activities Such factors may include, the duration or frequency of theme park visitation) [Mandelsohn, 0236].
Regarding claim 12, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein the avatar is displayed in the interaction area in conjunction with a game (Mandelsohn, screenshot of players in the virtual world interacting in virtual dance floor) [Mandelsohn, 0019, Fig., 6 and associated disclosure] and information about the game is displayed in the interaction area [Mandelsohn, Fig. 8 and associated disclosure].
Regarding claim 13, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein:
the game is a multiplayer game (Mandelsohn, In VMK, each player is represented by an avatar, a human character in the game) [Mandelsohn, 0065];
the avatar corresponds to a user of the client application (Mandelsohn, Users can open an avatar profile ("ID card") of other users. The profile will include basic statistical information about the other user. The data is represented using icons) [Mandelsohn, 0067]; and
the memory stores additional computer-readable instructions that, when executed by the one or more hardware processors, cause the one or more hardware processors to perform (Mandelsohn, VMK contains several multiplayer games, allowing players to play against each other in games themed after popular rides and lands in Disney theme parks. Signup rooms (preshow) for the multi-player games are located within the rooms of the public areas. One of the looms in each public space will contain a notice board on which people can sign up for a game, when a sufficient number of players have signed up, the gamers are transported to the game arena for the duration of the game) [Mandelsohn, 0130] additional operations comprising:
detecting additional user input via the display in relation to the game that corresponds to interaction with an additional avatar with respect to the game, the additional avatar corresponding to an additional user of the client application (Mandelsohn, The average players' activities in the Magic Kingdom can consist of socializing with other players, collecting and trading charms, competing for high scores in the multiuser games, and personalizing their own rooms. The image receiving unit 107 may receive the image transmitted from the computer device 150 or obtained from the WWW 140, such as the server 110 receiving a hyperlink of an image location from the computer device 150) [Mandelsohn, 0067].
Regarding claim 14, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein the memory stores additional computer-readable instructions that, when executed by the one or more hardware processors, cause the one or more hardware processors (Mandelsohn, VMK contains several multiplayer games, allowing players to play against each other in games themed after popular rides and lands in Disney theme parks. Signup rooms (preshow) for the multi-player games are located within the rooms of the public areas. One of the looms in each public space will contain a notice board on which people can sign up for a game, when a sufficient number of players have signed up, the gamers are transported to the game arena for the duration of the game) [Mandelsohn, 0130] to perform additional operations comprising:
analyzing communication data that corresponds to messages exchanged between a user of the client application and an additional user of the client application to determine a relationship between the user and the additional user (Mandelsohn, Users with canned chat can see a) messages from other canned chat use; and/or b) messages from free chat users, which only contain words from the allowed word list. This ensures that friends can talk with each other, even if one of them is a canned chatter and another one a free chatter. Free chat users will be able to see messages from everybody. Non-approved words will be rendered as black boxes to the canned chat users) [Mandelsohn, 0088]; and
causing display of an additional avatar that corresponds to the additional user during display of the advertising element to the user of the client application (Mandelsohn, In VMK, each player is represented by an avatar, a human character in the game) [Mandelsohn, 0065].
Regarding claim 15, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein the memory stores additional computer-readable instructions that, when executed by the one or more hardware processors, cause the one or more hardware processors (Mandelsohn, VMK contains several multiplayer games, allowing players to play against each other in games themed after popular rides and lands in Disney theme parks. Signup rooms (preshow) for the multi-player games are located within the rooms of the public areas. One of the looms in each public space will contain a notice board on which people can sign up for a game, when a sufficient number of players have signed up, the gamers are transported to the game arena for the duration of the game) [Mandelsohn, 0130] to perform additional operations comprising:
receiving an authorization request to analyze the messages exchanged between the user and the additional user; and wherein determining the relationship between the user and the additional user is based on a response to the authorization request (Mandelsohn, Users with canned chat can see a) messages from other canned chat use; and/or b) messages from free chat users, which only contain words from the allowed word list. This ensures that friends can talk with each other, even if one of them is a canned chatter and another one a free chatter. Free chat users will be able to see messages from everybody. Non-approved words will be rendered as black boxes to the canned chat users) [Mandelsohn, 0088].
Regarding claim 16, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system and method, wherein the memory stores additional computer-readable instructions that, when executed by the one or more hardware processors, cause the one or more hardware processors (Mandelsohn, VMK contains several multiplayer games, allowing players to play against each other in games themed after popular rides and lands in Disney theme parks. Signup rooms (preshow) for the multi-player games are located within the rooms of the public areas. One of the looms in each public space will contain a notice board on which people can sign up for a game, when a sufficient number of players have signed up, the gamers are transported to the game arena for the duration of the game) [Mandelsohn, 0130] to perform additional operations comprising:
receiving an authorization request to analyze the messages exchanged between the user and the additional user; and wherein a response to the authorization request causes disabling of an analysis of the communication data to determine the relationship between the user and the additional user (Mandelsohn, Users with canned chat can see a) messages from other canned chat use; and/or b) messages from free chat users, which only contain words from the allowed word list. This ensures that friends can talk with each other, even if one of them is a canned chatter and another one a free chatter. Free chat users will be able to see messages from everybody) [Mandelsohn, 0088].
Regarding claim 18, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system, method and computer-readable instructions, wherein the content element (e.g. images, video clips, etc.) is included in a content message generated in conjunction with the client application and the content element includes at least one of image content or video content
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[CNN-Business, page 5, 6].
Regarding claim 19, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn teaches system, method and computer-readable instructions, wherein the interaction element is not displayed during presentation of the content element [Mandelsohn, Fig. 3 and associated disclosure; also see CNN-Business, page 6].
Regarding claim 20, as combined and under the same rationale as above, CNN-Business in view of Mandelsohn does not teach the combination of the claimed recited limitations
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Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because amended claimed invention is directed to a non-traditional arrangement of icons which resulted in "an improved user interface for electronic devices", and advertising data corresponding to the advertising element is merged with the interaction element data and the advertising data is reconfigured such that the advertising element can be displayed within a confined area of the user interface, is acknowledged and considered.
However, upon further consideration, it is deemed that the claimed invention is not eligible for patent under 35 USC 101 and have been responded to in the Rejection under 35 USC 101 section.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach is acknowledged considered.
However, upon further consideration, it is deemed that the cited prior art teaches the invention as currently claimed, and applicant’s arguments and concerns are responded in response to pending amended claims in Rejection under 35.USC.102 section above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reddit published conversation “How does YouTube decide which ads we can skip and which ones we can’t?”
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ilana Spar can be reached at 571.270.7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NARESH VIG/Primary Examiner, Art Unit 3622
April 14, 2026
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