DETAILED ACTION
This is in reference to communication received 10 June 2025. Claims 1 – 35 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 – 35 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. Specifically, claims 1 – 35 are directed toward at least one judicial exception without significantly more. In accordance with the Federal Register Notice: 2019 Revised Patent Subject Matter Eligibility Guidance, (January 7, 2019), (accessible at https://www.govinfo.gov/content/pkg/FR-2019-01-07/pdf/2018-28282.pdf), the rationale for this determination is explained below:
Claim 32, representative of claims 1 and 17 is directed towards a method, which is a statutory category of invention. Although, claim 32 is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 32 recites invention directed to fulfillment of a service request. When a request for service is received from a user, determination is made whether the requesting user has the permission to use the requested service. If determination is made that the requesting user has permission for the requested service, a service request is initiated to obtain the requested service content and presented to the user, and, if it is determined that the user does not have the permission to use the service, said requesting user is solicited (notified) that user can receive requested service by performing some preset action (e.g., watch an advertisement), as drafted, is a process that, under its broadest reasonable interpretation covers performance of organizing certain methods of human activity related to advertising, marketing or sales activities or behaviors but for the recitation of generic computer components.
Next, the aforementioned claims recite additional functional elements that are associated with the judicial exception, including: user making a request for making a request for a content from a paid and/or subscribed service using a head-mounted device, initiating obtaining of the requested from a remote device and presenting the received requested content or a solicitation informing the user how they receive the requested content on the user’s head-mounted device, as drafted, is a process that, under its broadest reasonable interpretation covers performance of organizing certain methods of human activity related to advertising, marketing or sales activities or behaviors but for the recitation of generic computer components.
Additionally, the claimed invention recites an abstract idea of limiting services to be generative artificial intelligence large language model (GAILLM), performing verification whether the requesting user has a permission to access the service, and based on the results of the verification, if valid then providing the requested content to the user, otherwise informing the user that they can obtain permission to use the service by performing certain activity. Examiner understands these limitations to be insignificant extrasolution activity. (See Accenture, 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Cf. Diamond v. Diehr, 450 U.S. 175, 191-192 (1981) ("[I]nsignificant post-solution activity will not transform an unpatentable principle in to a patentable process.”). The independent claims further recite the additional functional element of obtaining requested service of the GAILLM (e.g., results of a AI search engine) and displaying of the obtained service (content) to the user, wherein GAILLM is generative artificial intelligence large language model accessed in the claimed invention. This limitation generally recites a process for accessing a locally installed, or a remote machine learning scheme (i.e. a software algorithm) to obtain content and then displaying the obtained content to the user who have permission. Not only do these features fail to integrate the abstract idea into a practical application (see below), but it can also reasonably be seen as the conventional application of well-known machine learning concepts to access a model. It also amounts to mere instructions to implement the abstract idea on a computer, and merely uses a computer as a tool to perform the abstract idea. See MPEP 2106.05(f).
The aforementioned claims also recite additional technical elements including: “data stores” for storing data, “one or more memories” for storing executable instructions, “one or more processors” for executing the system, and a “user interface” for displaying the optimized customer characteristics; using smart-glass as an interacting tool used by user to make request and view displayed content, wherein smart glass is communicatively connected to a smart device using Bluetooth connectivity, and smart device is communicatively connected to a cloud server over a wide area network. These limitations are recited at a high level of generality, and appear to be nothing more than generic computer components. Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 134 S. Ct. at 2358, 110 USPQ2d at 1983. See also 134 S. Ct. at 2389, 110 USPQ2d at 1984.
Furthermore, looking at the elements individually and in combination, under Step 2A, Prong Two, the claims as a whole do not integrate the judicial exception into a practical application because they fail to: improve the functioning of a computer or a technical field, apply the judicial exception in the treatment or prophylaxis of a disease, apply the judicial exception with a particular machine, effect a transformation or reduction of a particular article to a different state or thing, or apply the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment. Rather, the claims merely use a computer as a tool to perform the abstract idea(s), and/or add insignificant extra-solution activity to the judicial exception, and/or generally link the use of the judicial exception to a particular technological environment (e.g. a generic computer).
Next, under Step 2B, the claims do 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 an ordered combination, do not amount to significantly more than the abstract idea. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. Simply put, as noted above, there is no indication that the combination of elements improves the functioning of a computer (or any other technology), and their collective functions merely provide conventional computer implementation.
Additionally, pursuant to the requirement under Berkheimer, the following citations are provided to demonstrate that the additional elements, identified as extra-solution activity, amount to activities that are well-understood, routine, and conventional. See MPEP 2106.05(d).
Storing and retrieving information in memory. Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Outputting/Presenting data to a user. Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015); MPEP 2106.05(g)(3).
Using a machine learning model to determine user segment characteristics for an ad campaign. https://whites.agency/blog/how-to-use-machine-learning-for-customer-segmentation/.
Thus, taken alone and in combination, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea), and are ineligible under 35 USC 101.
Claims 2-16, 18-31 and 33-35 are dependent on the aforementioned independent claims, and include all the limitations contained therein. These claims do not recite any additional technical elements, and simply disclose additional limitations that further limit the abstract idea with details regarding mode of notification, displaying the requested content; streaming of notification, defining when notifications will be provided to the user, defining how a new user will be processed, accessing of the stored subscription information and historical information; considering Device Identifiers exchange information, payment processing, and managing provisioning of services limited to permitted users. 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).
Therefore, claims 1-35 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 – 12, 16 – 28 and 31 – 35 are rejected under 35 U.S.C. 103 as being unpatentable over Stephens et al. US Publication 2015/0334594 in view of Wikipedia published article “Smartglasses”, Hyunh et al. US Publication 2020/0234809 Catherine Bresline published article “What are Large Language Models?”, Apple.com published discussion “apple tv+ prompting to buy but I already have it” hereinafter referred to as AppleTV and Official-Notice.
Regarding claim 32 and represented claims 1 and 17, Wikipedia teaches Stephens teasches system and method for using permission for using services (Stephens, granting access to services) [Stephens, Fig. 3 and associated disclosure]. Stephens teaches system and method comprising:
A smart terminal comprising a non-transitory memory, a processor, and one or more computer programs [Stephens, 0021];
Stephens does not explicitly teach using smart glasses. However, Wikipedia teaches Smart Glasses provide ability to users connect and interact with the world around them. [Wikipedia, page 1]. Wikipedia further recites Smart-Glasses can be used as a body camera, and as a head-up display (HUD).
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Stephens by adopting teachings of Wikipedia to expand the user terminals to include wearable devices, and provide users to connect and interact with other users (e.g., teleconference).
Stephens in view of Wikipedia teaches system and method further comprises:
wherein the smart glasses are connected to the smart terminal through a first wireless network (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1].
Stephen in view of Wikipedia does not explicitly teach smart glass connected to a cloud server. However, Hyunh teaches System and method wherein a wearable computing device includes a sensor assembly configured to interpret a selection of the one or more selectable options made by the medical practitioner (e.g., a user), and a processing unit for performing at least one action on the medical multimedia data based on the selection interpreted by the one or more sensors. Further, the wearable computing device includes a communication module configured to communicate with a third party device (e.g., a cloud server) for sharing at least a part of the medical multimedia data. [Hyunh, 0008]. Hyunh further teaches The server system 112 may correspond to a Web Based platform (for example, a cloud platform) capable of being accessed over the network 120.) [Huynh, 0029], wherein the communication module 206 may provide Wi-Fi and Bluetooth capability to the smartglasses 106 to allow wireless connections with other devices. Such capability allows the user to save, recall, and share the data through a private network that can be created at each healthcare facility (such as hospital, urgent care or the healthcare facility 102) by using dedicated servers such as the healthcare facility server 116 of FIG. 1.) [Hyunh, 0040].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Stephen in view of Wikipedia by adopting teachings of Hyunh to facilitate real time solution for data access and sharing data with remote devices.
Stephen in view of Wikipedia and Hyunh teaches system and method further comprising:
wherein the smart glasses are connected to the smart terminal through a first wireless network (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1], the smart terminal (Hyunh, In various embodiments, the wearable computing device 106/ smartglasses 106 can be any wearable augmented reality computing device/system such as, but not limited to, Google Glass® or Microsoft HoloLens® headsets or any other similar head-mounted display device.) [Huynh, 0026] is connected to the cloud server (Huynh, The server system 112 may correspond to a Web Based platform (for example, a cloud platform) capable of being accessed over the network 120.) [Huynh, 0029] through a second wireless network, and the GAILLM is configured on the cloud server (Hyunh, the communication module 206 may provide Wi-Fi and Bluetooth capability to the smartglasses 106 to allow wireless connections with other devices. Such capability allows the user to save, recall, and share the data through a private network that can be created at each healthcare facility (such as hospital, urgent care or the healthcare facility 102) by using dedicated servers such as the healthcare facility server 116 of FIG. 1.) [Hyunh, 0040];
the first wireless network comprises Bluetooth, and the second wireless network does not comprise the Bluetooth (Hyunh, Some non-limiting examples of the wireless networks may include cellular networks like GSM/3G/4G/5G/LTE/CDMA networks, wireless LANs, Bluetooth, Wi-Fi or ZigBee networks, and the like. An example of the combination of wired and wireless networks may include the Internet.) [Hyunh, 0028];
Stephen in view of Wikipedia and Hyunh does not explicitly recite granting for services limited to permission to user generative artificial intelligence large language model (GAILLM). However, Breslin teaches that advances in Natural Language Processing (NLP) have been in news latest, with special attention to Large Language Models (LLM) like OpenAI’s GPT-3 which could soon replace search engines or even master language [Breslin, page 1-2].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Stephens in view of Wikipedia and Hyunh by adopting teachings of Breslin and upgrade their system to incorporate Artificial Intelligence technology to predict words likely to follow to generate longer fragments of texts an figure out which words, and sequence of words, are more likely to occur than others.
Stephens in view of Wikipedia, Hyunh and Breslin teaches system and method further comprising:
smart glasses, a smart terminal and a cloud server wherein the smart glasses are connected to the smart terminal through a first wireless network, the smart terminal is connected to the cloud server through a second wireless network
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[Wikipedia, page 1],
and the GAILLM is set on the smart terminal or the cloud server (Breslin, ChatGPT);
the smart glasses are configured to: obtain a request for using a GAILLM service from a user, and send the request for using the GAILLM service to the smart terminal through the first wireless network
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[Wikipedia, page 1]; and
the smart terminal is configured to: when the request for using the GAILLM service is received through the first wireless network, determine whether the user has a permission to use the GAILLM service according to subscription information corresponding to identity information of the smart glasses (Stephens, In step 303, the access point may use the information in the request to retrieve a user profile of the user who sent the request. If the user has a paid subscription to use the access point, then the user's subscription information may be retrieved, and the access point may determine that the user's paid subscription entitles him/her to unrestricted or uncontrolled use of the access point's wireless network) [Stephens, 0030, 0031], wherein the identity information of the smart glasses is marking information used to uniquely identify the smart glasses (Official-Notice is taken that, at the time of filing, it would have been obvious to one of ordinary skill in the art that electronic devices communication over the network have their own associated unique identifiers to be able to exchange data between devices) [Official-Notice];
in response to the user having the permission, send, through the second wireless network, a service request to the cloud server ((Hyunh, the communication module 206 may provide Wi-Fi and Bluetooth capability to the smartglasses 106 to allow wireless connections with other devices. Such capability allows the user to save, recall, and share the data through a private network that can be created at each healthcare facility (such as hospital, urgent care or the healthcare facility 102) by using dedicated servers such as the healthcare facility server 116 of FIG. 1.) [Hyunh, 0040] to obtain a service content of the GAILLM corresponding to the request for using the GAILLM service from the GAILLM in the smart terminal or the cloud server, and display the service content on the smart terminal or send the service content through the first wireless network to the smart glasses for playback (Stephens, if the user has a paid subscription to use the access point, then the user's subscription information may be retrieved, and the access point may determine that the user's paid subscription entitles him/her to unrestricted or uncontrolled use of the access point's wireless network. In one aspect, such uncontrolled access may simply mean that the user does not need to view advertisements to earn access to the wireless network. If the user is entitled to uncontrolled access, then the access point may proceed to step 304 and begin to service network requests for the user without any of the advertisement-based earning activity) [Stephens, 0030, 0031]; and
Stephens in view of Wikipedia and Breslin does not explicitly recite notifying user to obtain permission by performing a preset action. However, AppleTV teaches to send a prompt to user to perform a preset action (e.g., prompting user to buy Apple TV+).
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Stephens in view of Wikipedia and Breslin by adopting teachings of AppleTV to limit access content to subscriber customers only.
Stephens in view of Wikipedia, Breslin and AppleTV teaches system and method further comprising:
in response to the user not having the permission, output a notification message to notify the user to obtain the permission by performing a preset action (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV] ; and
the cloud server is configured to: obtain, through the GAILLM, the service content in response to the service request from the smart terminal, and send the service content to the smart terminal through the second wireless network (Stephens, If the user is entitled to uncontrolled access (e.g., user has performed a preset action), then the access point may proceed to step 304 and begin to service network requests for the user without any of the advertisement-based earning activity) [Stephens, 0030, 0031].
Regarding claim 33 and represented claims 2 and 18, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the step of outputting the notification message to notify the user to obtain the permission by performing the preset action comprising:
playing, by the smart terminal, a subscription service notification speech, wherein the subscription service notification speech is configured to notify the user to obtain the permission by purchasing a paid subscription (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1]; or
playing, by the smart terminal, a notification speech for listening to an advertisement, wherein the notification speech for listening to the advertisement is configured to notify the user to obtain the permission for free by listening to an advertising content (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1].
Regarding claim 34 and represented claims 3 and 19, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the step of outputting, by the smart terminal, the notification message to notify the user to obtain the permission by performing the preset action (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV] comprising:
forwarding, by the smart terminal, a subscription service notification speech to the smart glasses for playback, wherein the subscription service notification speech is configured to notify the user to obtain the permission by purchasing a paid subscription (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1]; or
forwarding, by the smart terminal, a notification speech for listening to an advertisement to the smart glasses for playback, wherein the notification speech for listening to the advertisement is configured to notify the user to obtain the permission for free by listening to an advertising content (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1].
Regarding claim 35 and represented claims 6 and 22, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method further comprising:
determining, by the smart terminal, whether the user is requesting the GAILLM service for a first time by detecting an identity of the smart glasses of the user (Stephens, The content server 106 may include software to validate user identities and entitlements, to locate and retrieve requested content, to encrypt the content, and to initiate delivery (e.g., streaming) of the content to the requesting user(s) and/or device(s)) [Stephens, 0019];
when the user is requesting the GAILLM service for the first time, determining, by the smart terminal, whether the user is never subscribed to the GAILLM service, and when the user is never subscribed to the GAILLM service, sending the notification speech for listening to the advertisement to the smart glasses for playback (Stephens, In step 310, the access point may then retrieve, or provide access to, the next advertisement to be played to the user, as well as information indicating what the user will receive upon completing viewing of the advertisement; Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Stephens, 0035; Wikipedia, page 1];
in response to an action of the user to confirm to listen to an advertisement being detected, sending the advertising content to the smart glasses for playback (Stephens, In step 312, after the advertisement is consumed by the user (e.g., viewed by the user), then the access point may reset the countdown timer for the user, and resume controlled network access) [Stephens, 0039];
in response to an action of the user to refuse to listen to the advertisement being detected, sending, by the smart terminal, the subscription service notification speech to the smart glasses for playback (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV]; and
when the user is not requesting the GAILLM service for the first time, determining, by the smart terminal, whether the user is never subscribed to the GAILLM service or whether a permission of the subscribed GAILLM service is exhausted (Stephens, In step 308, the access point may determine whether the time has expired, and if it has, then in step 309, the user's network access will be temporarily interrupted) [Stephens, 0034], and sending the subscription service notification speech to the smart glasses for playback (Wikipedia teaches smart glass can be used for audio) when the user is never subscribed to the GAILLM service or the permission of the subscribed GAILLM service is exhausted (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV].
Regarding claim 20 and represented claim 4, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the instructions are further configured to
obtain a subscription service request sent by the smart glasses according to a voice subscription instruction of the user (Stephens, the user may obtain rewards by performing other actions, such as purchasing the rewards, and/or, the user may obtain rewards by consuming advertisements) [Stephens, 0048], and
request a subscription for using the GAILLM service according to the subscription service request (Stephens, the user may obtain rewards by performing other actions, such as purchasing the rewards, and/or, the user may obtain rewards by consuming advertisements) [Stephens, 0048].
Regarding claim 21 and represented claim 5, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the processing system further comprises
a cloud server connected to the smart terminal, the GAILLM is set on the cloud server, and the cloud server comprises a subscription server (Breslin, advances in Natural Language Processing (NLP) have been in news latest, with special attention to Large Language Models (LLM) like OpenAI’s GPT-3 which could soon replace search engines or even master language) [Breslin, page 1-2];
the subscription server is configured to send a permission reminder message to the smart terminal, wherein the permission reminder message is configured to remind the user that the permission to use the GAILLM service is about to be exhausted (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV];
the smart terminal is further configured to send the permission reminder message to the smart glasses; and the smart glasses are further configured to play the permission reminder message by voice (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1].
Regarding claim 23 and represented claim 7, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the cloud server further comprises a subscription information storage server [Stephens, AppleTV]; and the instructions are further configured to:
obtain subscription plan information and purchase subscription credits from the subscription server when a subscription instruction sent by the smart glasses is obtained (Stephens, the user may obtain rewards by performing other actions, such as purchasing the rewards) [Stephens, 0048]; and
after the purchase is successful, send purchase subscription information to the subscription information storage server for storage, or store the purchase subscription information in the smart terminal (Stephens, For example, if the user's browser had transmitted a request for an Internet site's data, then the Internet site data may still be received and buffered by the access point, to be delivered to the user after the user renews the wireless access) [Stephens, 0034].
Regarding claim 24 and represented claim 8, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the subscription server comprises a first subscription server;
the smart terminal is further configured to:
obtain the subscription plan information from the first subscription server through an application program or a browser of the smart terminal, and display the subscription plan information to the user (Stephen, The control of access can also be based on data volume instead of, or in addition to, time. For example, the counter may measure an amount of data transfer (download, upload, or both) during the user's session, and when the measured amount reaches a predetermined level, the user's network access may be temporarily interrupted to present an advertisement to the user (e.g., an example of a rule)) [Stephen, 0007] , wherein the subscription plan information comprises information of a subscription duration, subscription credits and subscription items (i.e., subscription parameters; AppleTV recites “I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+”) [AppleTV]; and
obtain target subscription plan information selected by the user, and purchase the subscription credits according to the target subscription plan information (Stephen, In the example above, the user obtained rewards by consuming advertisements. In alternative embodiments, the user may obtain rewards by performing other actions, such as by purchasing the rewards) [Stephen, 0048].
Regarding claim 25 and represented claim 9, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the subscription server further comprises a second subscription server, and the subscription information storage server is a gateway (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV];
the smart terminal is further configured to send the purchase subscription information to the second subscription server through the application program (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV], wherein the purchase subscription information comprises:
information of identity of the smart glasses, subscription duration, subscription credits and subscription items (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV]; and
the second subscription server is configured to:
verify validity of the purchase to the first subscription server according to the purchase subscription information (AppleTV, I have an active subscription to Apple TV+. I was watching a show and the show stopped right in the middle and now I’m being prompted to buy Apple TV+.) [AppleTV];
determine that the purchase is successful when the verification is passed, and send the purchase subscription information to the subscription information storage server or the smart terminal for storage (Stephens, The criteria for receiving a reward may also vary. In addition to, or instead of, viewing an advertisement to receive a reward, some rewards may require that the user also pay money, spend loyalty points, airline miles, search tool credits, or other credits earned by the user) [Stephens, 0028]; and
send updating information of the subscription credits to the application program of the smart terminal (Stephens, after the user has completed viewing the advertisement, the access point may then update its stored information regarding the user's network access rights) [Stephens, 0044].
Regarding claim 26 and represented claim 10, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the cloud server further comprises a payment server; and the instructions are further configured to send the purchase subscription information to the payment server through the browser, so that the payment server verifies whether the purchase is successful, determines that the purchase is successful when the verification is passed, and sends the purchase subscription information to the subscription information storage server or the smart terminal for storage (Stephens, The criteria for receiving a reward may also vary. In addition to, or instead of, viewing an advertisement to receive a reward, some rewards may require that the user also pay money, spend loyalty points, airline miles, search tool credits, or other credits earned by the user; this clearly shows that Stephens teaches that access to the services is given to the user after the purchase of additional time by the user is successful) [Stephens, 0028].
Regarding claim 27 and represented claim 11, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein, after the permission to use the GAILLM service is obtained by the user (Stephens, In step 312, after the advertisement is consumed by the user (e.g., viewed by the user), then the access point may reset the countdown timer for the user, and resume controlled network access) [Stephens, 0039], the smart terminal is further configured to:
obtain a service request sent by the user through the smart glasses, and send a service request to the subscription information storage server to trigger the subscription information storage server to request a service content from the GAILLM (Stephens, The criteria for receiving a reward may also vary. In addition to, or instead of, viewing an advertisement to receive a reward, some rewards may require that the user also pay money, spend loyalty points, airline miles, search tool credits, or other credits earned by the user; this clearly shows that Stephens teaches that when smart glasses will be used to interact with the user, then, said user will be providing their purchase related responses through the smart glasses) [Stephens, 0028, 0034]; and
receive the service content returned by the subscription information storage server, and display the service content to the user (Stephen, For example, if the user's browser had transmitted a request for an Internet site's data, then the Internet site data may still be received and buffered by the access point, to be delivered to the user after the user renews the wireless access) [Stephen, 0034].
Regarding claim 28 and represented claim 12, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the GAILLM is set on the smart terminal; and the instructions are further configured to obtain a speech sent by the user through the smart glasses, parse the speech, and display the service content to the user when the speech comprises a subscription operation instruction (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1].
Regarding claim 16, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice teaches system and method, wherein the smart terminal is further configured to:
configure free credits with a preset amount or a preset using period for an identity of smart glasses using the GAILLM for a first time (Stephens, If the user is only entitled to controlled network access, then in step 305, the access point may determine an initial set of quality parameters to control the user's access to the wireless network. The initial set of quality parameters my be a default set stored in the access point’s memory, and may identify a predetermined time value, such as twenty (20) minutes) [Stephens, 0032]; and
play a subscription service notification speech and / or a waiting voice notification when an amount of the free credits is less than a preset value or the free credits are expired (Stephens, instead of displaying available advertisements, the access point (via the user's device) may offer options to simply purchase additional time or to skip the next advertisement 701, or to log in to a predetermined subscription account that permits uncontrolled network access. The FIG. 7 interface may be presented in response to a user interaction, such as step 313, and may have similar steps to steps 314-318, but with the different user action) [Stephens, 0048];
wherein the subscription service notification speech is configured to notify the user to obtain the permission by purchasing a paid subscription, and the waiting voice notification is configured to remind the user to wait for a next preset configuration cycle to obtain free credits for the next preset configuration cycle (Playing of speech is taucht by Wikipedia; Stephens, instead of displaying available advertisements, the access point (via the user's device) may offer options to simply purchase additional time or to skip the next advertisement 701, or to log in to a predetermined subscription account that permits uncontrolled network access. The FIG. 7 interface may be presented in response to a user interaction, such as step 313, and may have similar steps to steps 314-318, but with the different user action) [Stephens, 0048].
Claims 13 – 15 and 29 – 31 are rejected under 35 U.S.C. 103 as being unpatentable over Stephens et al. US Publication 2015/0334594 in view of Wikipedia published article “Smartglasses”, Hyunh et al. US Publication 2020/0234809 Catherine Bresline published article “What are Large Language Models?”, Apple.com published discussion “apple tv+ prompting to buy but I already have it” hereinafter referred to as AppleTV, Duan et al. US Publication 2023/0362457 and Official-Notice.
Regarding claim 13 and 29, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice does not explicitly teach generation of targeted advertising according to historical information. However, Duan teaches system and method directed to system and method for generating and playing intelligent commentary. Duan teaches obtaining a match data stream; parsing the match data stream, to obtain candidate events from the match data stream; determining events from the candidate events, to generate a sequence of events; and generating commentary scripts corresponding to the match data stream according to the sequence of events [Duan, 0008].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV and Official-Notice by adopting teachings of Duan to generate more accurate advertising in real time after having detailed understanding of all types of data.
as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV, Duan and Official-Notice teaches system and method, wherein the cloud server further comprises an advertisement server and a historical information server, the historical information server is a gateway (Duan, historical data can be more fully and accurately stored and memorized) [Duan, 0191], and the advertisement server is configured to:
obtain historical information from the historical information server, wherein the historical information comprises personal information of the user, and chat history information and command history information generated by the user using the GAILLM service (Duan, historical data can be more fully and accurately stored and memorized) [Duan, 0191], wherein the chat history information and the command history information comprise chat history information and command history information generated during using chat applications or speech command personal assistant applications (Duan, real-time data can be accurately obtained and analyzed, to recognize some events) [Duan, 0191]; and
determine and generate a targeted advertisement speech of the user according to the historical information, and send the targeted advertisement speech to the smart terminal (Stephens, if the user has a paid subscription to use the access point, then the user's subscription information may be retrieved, and the access point may determine that the user's paid subscription entitles him/her to unrestricted or uncontrolled use of the access point's wireless network. In one aspect, such uncontrolled access may simply mean that the user does not need to view advertisements to earn access to the wireless network. If the user is entitled to uncontrolled access, then the access point may proceed to step 304 and begin to service network requests for the user without any of the advertisement-based earning activity) [Stephens, 0030, 0031].
Regarding claim 30 and represented claim 14, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV, Duan and Official-Notice teaches system and method, wherein the instructions are further configured to:
when the user making the service request does not have the permission to use the GAILLM service, obtain an advertising content from the advertisement server, and play the advertising content, or forward the advertising content to the smart glasses for playback; and after the advertising content is played, display the obtained service content corresponding to the service request to the user, or forward the service content to the smart glasses for playback (Stephens, In step 310, the access point may then retrieve, or provide access to, the next advertisement to be played to the user, as well as information indicating what the user will receive upon completing viewing of the advertisement; In step 312, after the advertisement is consumed by the user (e.g., viewed by the user), then the access point may reset the countdown timer for the user, and resume controlled network access) [Stephens, 0035-0039] ; and
wherein, after the smart glasses play the advertising content, the smart glasses are further configured to send a push notification message to the smart terminal, to guide the user to purchase products of interest associated with the advertising content (Wikipedia, A small number of models run a mobile operating system and function as portable media players to send audio and video files to the user via a Bluetooth or WiFi headset) [Wikipedia, page 1].
Regarding claim 15 and represented claim 31, as combined and under the same rationale as above, Stephens in view of Wikipedia, Hyunh, Breslin, AppleTV, Duan and Official-Notice system and method, wherein the advertisement server is further configured to generate association information of the advertising content according to preset rules (Stephen, The control of access can also be based on data volume instead of, or in addition to, time. For example, the counter may measure an amount of data transfer (download, upload, or both) during the user's session, and when the measured amount reaches a predetermined level, the user's network access may be temporarily interrupted to present an advertisement to the user (e.g., an example of a rule)) [Stephen, 0007], and send the association information to the smart terminal to display the association information on an interactive interface of the smart terminal for the user to view (Stephen, The control of access can also be based on data volume instead of, or in addition to, time. For example, the counter may measure an amount of data transfer (download, upload, or both) during the user's session, and when the measured amount reaches a predetermined level, the user's network access may be temporarily interrupted to present an advertisement to the user (e.g., an example of a rule)) [Stephen, 0007].
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because the claimed invention demonstrates an improvement in the field of the smart terminal and thus amount to significantly more than the judicial exception and are eligible is acknowledged and considered.
However, upon further review, it is deemed that the claimed invention is not eligible for patent and have been responded to in response to pending amended claims in 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 the amended claims is acknowledged and considered.
However, while performing updated search, new prior arts were found and cited in this office action. Therefore, they are moot under new grounds or rejection.
Conclusion
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/NARESH VIG/Primary Examiner, Art Unit 3622
August 19, 2025