DETAILED ACTION
This is in reference to communication received 11 February 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 – 20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without undue experimentation, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). In their disclosure, applicant discloses message device is a personal computer, a mobile phone, and/or a smart phone (see at least, applicant’s para 0103 of their published application US 2004/0054533). Applicant further recites For each of a plurality of personal information types (e.g., for the type "zip code" and for the type "gender"), the system server calculates a corresponding price (e.g., a price of $1.00 for the type "zip code" and a price of $0.15 for the type "gender"). The price for a personal information type can be calculated, e.g., from prices that are received from advertiser devices and that correspond to the personal information type (see at least, applicant’s para 0103 of their published application US 2004/0054533).
Applicant’s disclosure does not teach a message-device (a personal computer, a mobile phone, a smart phone) calculating, for each of a plurality of personal information types (e.g., for the type "zip code" and for the type "gender"), a corresponding price (e.g., a price of $1.00 for the type "zip code" and a price of $0.15 for the type "gender"). A user-device receiving targeting parameters from advertisers, calculating cost to the advertiser based upon the received parameters, and providing the price to the advertiser would require undue experimentation by one of ordinary skill in the art to practice the invention.
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, 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 1 recites invention directed to allowing a user to indicate what personal information(s) they will allow to share with advertisers, and indicate the fee they want the advertisers to pay before their advertisement is presented to the user. For a subset of advertisements, advertising presentation costs are determined and provided to advertisers for consideration. When a response is received in the form of a rating (e.g., preferred selection user device), amount to be paid to the associated user is calculated, consideration is made to the user’s account and advertisement is presented to the user, said user is paid corresponding-price that is greater than or equal to the minimum-price is said advertisement is presented to the user is provided to the user.
Independent claim 2, 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 2 recites invention directed to allowing a user to indicate what personal information(s) they will allow to share with advertisers, and indicate the fee they want the advertisers to pay before their advertisement is presented to the user. For a subset of advertisements which meet subset of user shared information, advertising presentation costs are determined and provided to advertisers for consideration. When a response is received in the form of a rating (e.g., preferred selection user device), amount to be paid to the associated user is calculated, consideration is made to the user’s account and advertisement is presented to the user, said user is paid corresponding-price that is greater than or equal to the minimum-price is said advertisement is presented to the user is provided to the user.
Independent claim 20, 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 2 recites invention directed to allowing a user to indicate what personal information(s) they will allow to share with advertisers, and indicate the fee they want the advertisers to pay before their advertisement is presented to the user. For a subset of advertisements which meet subset of user shared information, advertising presentation costs are determined and provided to advertisers for consideration. When a response is received in the form of a rating (e.g., preferred selection user device), amount to be paid to the associated user is calculated, consideration is made to the user’s account and advertisement is presented to the user, said user is paid corresponding-price that is greater than or equal to the minimum-price is said advertisement is presented to the user is provided to the user.
These limitations describe marketing/sales/advertising activities. A marketing team (or person) receiving a price that the recipient will charge for marketer’s advertising presented to them, marketing team (or person), based upon the received cost information, makes a determination whether to present their advertising content to the recipient, and presents the advertising content based upon the results of the determination, as claimed would be part of marketing research. Causing presentation of an advertising content then cost is below a threshold would be the marketing team (or person) providing, such as a visual presentation to the recipient when the criteria is met.
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 – 3, 6 – 9, 11 – 12 and 15 – 18, these claims recite limitations that further define the same abstract idea of determination of the relationship between the first-merchant and the second-merchant will be based upon the location characteristics and product characteristics associated with the first-merchant (preference of the customer) and the second-merchant, defining what customer data will be considered for generation of place-graph, and what information will be identified on the place-graph, 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. Accordingly, the claim recites an abstract idea.
As for dependent claims 3 – 19 dependent on the aforementioned independent claim 2, and include all the limitations contained therein.
These claims recite limitations that further define the same abstract idea with details regarding data management, receiving advertising and associated parameters from advertisers, determining user who meet advertising criteria, calculating fee that should be paid to user based upon their defined minimum fee associated with their shared personal information, allowing users to modify what information they would like to share with corresponding price hereinafter, defining what interaction capabilities will be provided on user’s GUI. 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 – 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. US Publication 2009/0164313 in view of Lukose et al US Publication 2005/0038698 and Fishman et al. US Publication 2010/0064325.
Regarding claim 1, Jones teaches system and method performed by a message device that has access to a first message account, in which the first message account has a user and has an account balance (Jones, enabling a consumer (e.g., a user) to opt-in and become a subscriber to receive marketing messages from any marketer who uses the mobile marketing marketplace [Jones, 0006] wherein message device has access to first message account (Jones, The consumer may receive marketing messages from selected marketers via SMS text message, MMS text message, voicemail or other cell-phone-enabled medium) [Jones, 0004], and in which the message device is capable of accessing a remote email service that is offered by another device, and in which the device assesses the remote email service via a network (Jones, The consumer may receive marketing messages from selected marketers via SMS text message, MMS text message, voicemail or other cell-phone-enabled medium) [Jones, 0004], the method comprising:
receiving, by the message device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price (Jones, The marketer enters and uploads its marketing message 64. The marketer then enters the date and time it would like to send its marketing message to its subscriber list 66.) [Jones, 0023];
calculating, by the message device, for each of a plurality of personal information types, a corresponding price (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023];
displaying, by the message device, the plurality of personal information types and the corresponding prices (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023];
displaying, by the message device, an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types (Jones, The marketer enters and uploads its marketing message 64. The marketer then enters the date and time it would like to send its marketing message to its subscriber list 66.) [Jones, 0023];
receiving, by the message device, a first set of personal information values of the user (Jones, The marketer enters and uploads its marketing message 64. The marketer then enters the date and time it would like to send its marketing message to its subscriber list 66.) [Jones, 0023];
receiving, by the message device, a minimum price (Jones, the consumer sets a price at which the consumer will be compensated for each marketing message received 28) [Jones, 0022];
Jones in view of Lukose does not teach determining advertisements that match personal information values. However, Lukose teaches system and method for permitting advertisers to find consumers that match a desired consumer profile, while permitting consumers to control their own personal information. Lukose teaches If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Jones by adopting teachings of Lukose to prevent encroaching on consumer privacy during target marketing.
Jones in view of Lukose teaches system and method further comprising:
determining, by the message device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure], and each advertisement of the first subset has a corresponding price which is not less than the minimum price (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023];
sending, by the message device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure];
Jones in view of Lukose does not explicitly teach receiving ratings of an advertisement (e.g., content). However, Fishman teaches community-based recommendation system and method, wherein a user may define groups consisting of one or more buddies and define rules based on ratings by individual buddies, as well as by the collective rating by a group. Example rules are shown below. If Buddy 1 gives 5 stars to content, record it, If Buddy 2 and Buddy 3 give the content 4 starts or above, record it, If any 4 of my Buddies give the content 4 stars or above, record it, if Group 1 gives the content 4 stars or above, record it [Fishman, 0020-0024].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Jones in view of Lukose by adopting teachings of Fishman to indicate trust levels to help users make an educated decision.
Jones in view of Lukose and Fishman teaches system and method further comprising:
receiving, by the message device, at least one rating of at least one advertisement of the subset of advertisements, wherein the at least one rating is selected from a set of stars (as responded to above) [Fishman, 0020-0024];
determining, by the message device, an amount to pay the user based on the prices corresponding to the subset of advertisements (Jones, Compensation is paid to the subscriber upon receipt of the marketing message. If a marketer has previously identified a subscriber list, it can save and access this same subscriber list at another time 52.) [Jones, 0023];
increasing, by the message device, the account balance by the amount to pay the user (Jones, Consumer A's mobile phone buzzes, and she receives the message. Consumer A then goes to her page on the web site and sees her account has been credited for $0.25.) [Jones, 0030];
displaying, by the message device, a list of personal information values that have been made available for use in advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023];
after sending the plurality of messages, receiving, by the message device, a command to withdraw at least one personal information value of the first set of personal information values (Jones, It should be appreciated that the consumer may adjust the price the consumer will demand for each marketing message at any time and in real time. The ability to adjust the price per marketing message by the consumer is a benefit to the consumer to control the number of marketing messages received. … A significant feature of the present invention is that the consumer can opt out of the permission based marketing marketplace at any time, in real time.) [Jones, 0022];
rendering the at least one personal information value unavailable for use in advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023];
determining, by the message device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure]; and
sending, by the message device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure].
Claim 2 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. US Publication 2009/0164313 in view of Lukose et al US Publication 2005/0038698 and N. D. Cadbury published article “When, Where, and How to Test Market” hereinafter referred to as Cadbury.
Regarding claim 2, Jones teaches system and method performed by a message device that has access to a first message account, in which the first message account has a user and has an account balance (Jones, enabling a consumer (e.g., a user) to opt-in and become a subscriber to receive marketing messages from any marketer who uses the mobile marketing marketplace [Jones, 0006] wherein message device has access to first message account (Jones, The consumer may receive marketing messages from selected marketers via SMS text message, MMS text message, voicemail or other cell-phone-enabled medium) [Jones, 0004], and in which the message device is capable of accessing a remote email service that is offered by another device, and in which the device assesses the remote email service via a network (Jones, The consumer may receive marketing messages from selected marketers via SMS text message, MMS text message, voicemail or other cell-phone-enabled medium) [Jones, 0004], the method comprising:
receiving, by the message device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price (Jones, The marketer enters and uploads its marketing message 64. The marketer then enters the date and time it would like to send its marketing message to its subscriber list 66.) [Jones, 0023];
calculating, by the message device, for each of a plurality of personal information types, a corresponding price (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023];
displaying, by the message device, the plurality of personal information types and the corresponding prices (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023];
receiving, by the message device, a first set of personal information values of the user (Jones, The marketer enters and uploads its marketing message 64. The marketer then enters the date and time it would like to send its marketing message to its subscriber list 66.) [Jones, 0023];
Jones in view of Lukose does not teach determining advertisements that match personal information values. However, Lukose teaches system and method for permitting advertisers to find consumers that match a desired consumer profile, while permitting consumers to control their own personal information. Lukose teaches If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Jones by adopting teachings of Lukose to prevent encroaching on consumer privacy during target marketing.
Jones in view of Lukose teaches system and method further comprising:
determining, by the message device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure], and sending, by the message device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure];
Jones in view of Lukose does not explicitly teach receiving ratings of an advertisement (e.g., receiving review about a product being advertised in the advertisement). However, Cadbury teaches receiving ratings from consumers for research purpose [Cadbury, page 20].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Jones in view of Lukose by adopting teachings of HBT to get consumer feedback and to make adjustments to products and services.
Jones in view of Lukose and Cadbury teaches system and method further comprising:
receiving, by the message device, at least one rating of at least one advertisement of the subset of advertisements [Cadbury, page 20];
displaying, by the message device a list of personal information values that have been made available for use in advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023];
sending the plurality of messages, receiving, by the message device, a command to withdraw at least one personal information value of the first set of personal information values (Jones, It should be appreciated that the consumer may adjust the price the consumer will demand for each marketing message at any time and in real time. The ability to adjust the price per marketing message by the consumer is a benefit to the consumer to control the number of marketing messages received. … A significant feature of the present invention is that the consumer can opt out of the permission based marketing marketplace at any time, in real time.) [Jones, 0022];
rendering the at least one personal information value unavailable for use in advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023];
determining, by the message device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure]; and
sending, by the message device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure].
Regarding claim 20, Jones teaches system and method performed by a message device that has access to a first message account, in which the first message account has a user and has an account balance (Jones, enabling a consumer (e.g., a user) to opt-in and become a subscriber to receive marketing messages from any marketer who uses the mobile marketing marketplace [Jones, 0006] wherein message device has access to first message account (Jones, The consumer may receive marketing messages from selected marketers via SMS text message, MMS text message, voicemail or other cell-phone-enabled medium) [Jones, 0004], and in which the message device is capable of accessing a remote email service that is offered by another device, and in which the device assesses the remote email service via a network (Jones, The consumer may receive marketing messages from selected marketers via SMS text message, MMS text message, voicemail or other cell-phone-enabled medium) [Jones, 0004], the method comprising:
receiving, by the personal computer from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price (Jones, The marketer enters and uploads its marketing message 64. The marketer then enters the date and time it would like to send its marketing message to its subscriber list 66.) [Jones, 0023];
calculating, by the personal computer, for each of a plurality of personal information types, a corresponding price (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023];
displaying, by the personal computer, the plurality of personal information types and the corresponding price (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023];
Jones in view of Lukose does not teach determining advertisements that match personal information values. However, Lukose teaches system and method for permitting advertisers to find consumers that match a desired consumer profile, while permitting consumers to control their own personal information. Lukose teaches If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Jones by adopting teachings of Lukose to prevent encroaching on consumer privacy during target marketing.
Jones in view of Lukose teaches system and method further comprising:
determining, by the personal computer, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure], and sending, by the personal computer to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure];
Jones in view of Lukose does not explicitly teach receiving ratings of an advertisement (e.g., receiving review about a product being advertised in the advertisement). However, Cadbury teaches receiving ratings from consumers for research purpose [Cadbury, page 20].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Jones in view of Lukose by adopting teachings of HBT to get consumer feedback and to make adjustments to products and services.
Jones in view of Lukose and Cadbury teaches system and method further comprising:
receiving, by the personal computer, at least one rating of at least one advertisement of the subset of advertisements [Cadbury, page 20];
outputting, by the personal computer, an indication of, for each of a plurality of types of personal information, whether a corresponding personal information value has been released (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023];
after sending the plurality of messages, receiving, by the personal computer, a command to withdraw at least one personal information value of the first set of personal information values (Jones, It should be appreciated that the consumer may adjust the price the consumer will demand for each marketing message at any time and in real time. The ability to adjust the price per marketing message by the consumer is a benefit to the consumer to control the number of marketing messages received. … A significant feature of the present invention is that the consumer can opt out of the permission based marketing marketplace at any time, in real time.) [Jones, 0022];
rendering the at least one personal information value unavailable for use in advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023];
determining, by the personal computer, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure]; and
sending, by the personal computer to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure].
Regarding claim 3, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which rendering the at least one personal information value unavailable for use in advertisements comprises: preventing the message device from interpreting the at least one personal information value (Jones, Consumer A's mobile phone buzzes, and she receives the message. Consumer A then goes to her page on the web site and sees her account has been credited for $0.25. (e.g., account information of the consumer) [Jones, 0030].
Regarding claim 4, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which rendering the at least one personal information value unavailable for use in advertisements comprises: removing the at least one personal information value from a database of the message device (Lukose, consumer is allowed to adjust their original information they had provided when they registered to opt-in to receive targeted advertisement based upon their criteria) [Lukose, 0022].
Regarding claim 5, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which the step of receiving from a plurality of advertiser devices comprises: receiving, for each advertisement, a corresponding price to pay for sending the advertisement to the desired destination (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023] and a corresponding price to pay for opening the advertisement (Jones, Consumer A's mobile phone buzzes, and she receives the message. Consumer A then goes to her page on the web site and sees her account has been credited for $0.25.) [Jones, 0030].
Regarding claim 6, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which calculating, for each of a plurality of personal information types, a corresponding price comprises:
for each of the plurality of personal information types, determining a second subset of advertisements, in which each advertisement of the second subset has a corresponding personal information value that matches the personal information type, for each of the second subset of advertisements, determining the respective price corresponding to the advertisement (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure]; and
calculating the corresponding price of the personal information type based on the respective prices of the second subset of advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023].
Regarding claim 7, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which calculating the corresponding price of the personal information type based on the respective prices of the second subset of advertisements comprises: calculating the corresponding price of the personal information type based on a predetermined number of the greatest prices of the respective prices of the second subset of advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023].
Regarding claim 8, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which calculating, for each of a plurality of personal information types, a corresponding price comprises:
for each of the plurality of personal information types, determining the personal information value of the user that corresponds to the personal information type, determining a second subset of advertisements, in which each advertisement of the second subset has a corresponding personal information value that matches the personal information value of the user, for each of the second subset of advertisements, determining the respective price corresponding to the advertisement (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure]; and
calculating the corresponding price of the personal information type based on the respective prices of the second subset of advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023].
Regarding claim 9, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which calculating the corresponding price of the personal information type based on the respective prices of the second subset of advertisements comprises: calculating the corresponding price of the personal information type based on a predetermined number of the greatest prices of the respective prices of the second subset of advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023].
Regarding claim 10, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, further comprising:
receiving, by the message device, a second set of personal information values of the user, in which the second set of personal information values includes the first set of personal information values, and at least one personal information value that is not included in the first set of personal information values (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure]; and
receiving, by the message device, a release request for each of the first set of personal information values but not for the at least one personal information value that is not included in the first set of personal information values (Jones, It should be appreciated that the consumer may adjust the price the consumer will demand for each marketing message at any time and in real time. The ability to adjust the price per marketing message by the consumer is a benefit to the consumer to control the number of marketing messages received. … A significant feature of the present invention is that the consumer can opt out of the permission based marketing marketplace at any time, in real time.) [Jones, 0022].
Regarding claim 11, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which receiving, by the message device, a first set of personal information values of the user comprises:
receiving, by the message device, a first set of message activity values of the user (Jones, Consumer A's mobile phone buzzes, and she receives the message. Consumer A then goes to her page on the web site and sees her account has been credited for $0.25.) [Jones, 0030]; and
in which determining a first subset of the advertisements that match the first set of personal information values comprises: determining a first subset of the advertisements that match the first set of message activity values (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure].
Regarding claim 12, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which the message device comprises a smart phone (Jones, provide a method for a subscriber to receive compensation for receiving marketing messages via the subscriber's cell phone or other device.) [Jones, 0008].
Regarding claim 13, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, further comprising instructing at least one advertiser device of the plurality of advertiser devices to display:
an input control that permits entry of a first advertisement, at least one corresponding personal information value for the first advertisement, and a corresponding price for the first advertisement (Jones, In some instances, the consumer may then choose to enter additional personal information referred to as an extended profile 20. The consumer's extended profile may include, without limitation, information such as marital status, work status, level of education, number of children living at home, or other information 22.) [Jones, 0022]; and
an input control that permits transmission, by the at least one advertiser device, of a command to send (Jones, process allows the consumer to opt-in to subscribe to multiple marketers during a single subscribing session on the interactive web site) [Jones, 0022]; and
receiving, from the at least one advertiser device, the command to send (Jones, process allows the consumer to opt-in to subscribe to multiple marketers during a single subscribing session on the interactive web site) [Jones, 0022].
Regarding claim 14, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, in which the step of receiving from the plurality of advertiser devices comprises: receiving, from the at least one advertiser device, the first advertisement, the at least one corresponding personal information value for the first advertisement, and the corresponding price for the first advertisement (Jones, The marketer may adjust its maximum price and edit or filter its subscriber list at any time, in real time. The marketer purchases a final list of subscribers which meet its criteria 62) [Jones, 0023].
Regarding claim 15, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, further comprising:
determining a second subset of the advertisements that match a second set of personal information values (Jones, The marketer 34 logs in to an interactive web site 36. The marketer accesses the searchable database which contains the profile information of all subscribers who have opted in to receive marketing messages.) [Jones, 0023];
determining the corresponding prices of the second subset of the advertisements (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer, and the total price the marketer will have to pay to send a marketing message to the list of subscribers 60.) [Jones, 0023];
determining the highest price of the corresponding prices of the second subset of the advertisements (Jones, The marketer may adjust its maximum price and edit or filter its subscriber list at any time, in real time. The marketer purchases a final list of subscribers which meet its criteria 62) [Jones, 0023]; and
instructing the at least one advertiser device to display: the second set of personal information values, and for each of the second set of personal information values, a highest price for the second set of personal information values (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure].
Regarding claim 16, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, further comprising
displaying, by the message device: an input control that permits entry of a minimum price (Jones, the consumer sets a price at which the consumer will be compensated for each marketing message received 28. It should be appreciated that the consumer may adjust the price the consumer will demand for each marketing message at any time and in real time. The ability to adjust the price per marketing message by the consumer is a benefit to the consumer to control the number of marketing messages received.) [Jones, 0022]; and
in which determining a first subset of the advertisements comprises (Jones, The marketer enters and uploads its marketing message 64. The marketer then enters the date and time it would like to send its marketing message to its subscriber list 66.) [Jones, 0023]:
determining a first subset of the advertisements, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price (Jones, The marketer is then provided information via the web site as to the number of subscribers who meet the marketer's criteria, to include the number of subscribers who are at or below the maximum price set by the marketer) [Jones, 0023].
Regarding claim 17, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, further comprising outputting, by the message device, an indication of, for each of a plurality of types of personal information, whether a corresponding personal information value has been released (Jones, Further, this system provides a method for marketers to test-market new products or services to consumers who meet certain criteria and who are interested and incentivized to receive marketing messages.) [Jones, 0025].
Regarding claim 18, as combined and under the same rationale as above, Jones in view of Lukose and Fishman teaches system and method, further comprising:
receiving a command to withdraw at least one personal information value of the first set of personal information values (Jones, It should be appreciated that the consumer may adjust the price the consumer will demand for each marketing message at any time and in real time. The ability to adjust the price per marketing message by the consumer is a benefit to the consumer to control the number of marketing messages received. … A significant feature of the present invention is that the consumer can opt out of the permission based marketing marketplace at any time, in real time.) [Jones, 0022];
determining a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure]; and
sending, to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements (Lukose, receiving a targeted ad (block 306). As described in FIG. 2, a targeted ad (advertisement message) may comprise a target profile, and an advertisement. If the target profile matches a consumer profile as determined by block 308, an advertisement is made available (block 312) to consumer.) [Lukose, 0042, Fig. 2 and associated disclosure].
Regarding claim 19, as combined and under the same rationale as above, Jones in view of Lukose and Cadbury teaches system and method, further comprising sending, by the message device to the first message account, an average of ratings received for at least one advertisement of the subset of advertisements (Cadbury teaches receiving ratings from consumers for research purpose) [Cadbury, page 20]..
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of US Patent 11,830,039, claims 1 – 20 of US Patent 11,087,363, claims 1 – 20 of US Patent 10,636,059 and claims 1 – 20 of US Patent 9,619,872
Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application 18/380,820
Parent Application
US Patent 9,619,782
receiving, by the message device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
receiving, by the computing device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
in which the message-device/personal-computer is capable of accessing a remote email service that is offered by another device, and in which the device assesses the remote email service via a network
granting, by the computing device to an email device, access to a first email account, in which the first email account has a user and has an account balance;
calculating, by the message device, for each of a plurality of personal information types, a corresponding price;
calculating, by the computing device, for each of a plurality of personal information types, a corresponding price;
displaying, by the message device, the plurality of personal information types and the corresponding prices;
instructing, by the computing device, the email device to display the plurality of personal information types and the corresponding prices;
displaying, by the message device, an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
instructing, by the computing device, the email device to display an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
receiving, by the message device, a first set of personal information values of the user;
receiving, by the computing device from the email device, a first set of personal information values of the user;
receiving, by the message device, a minimum price;
receiving, by the computing device from the email device, a minimum price;
determining, by the message device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
determining, by the computing device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
sending, by the message device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements;
sending, by the computing device to the first email account, a plurality of email messages, in which each email message includes a respective advertisement of the subset of advertisements;
receiving, by the message device, at least one rating of at least one advertisement of the subset of advertisements;
determining, by the message device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
determining, by the computing device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
increasing, by the message device, the account balance by the amount to pay the user;
increasing, by the computing device, the account balance by the amount to pay the user;
displaying, by the message device, a list of personal information values that have been made available for use in advertisements, wherein the at least one rating is selected from a set of stars;
after sending the plurality of messages, receiving, by the message device, a command to withdraw at least one personal information value of the first set of personal information values;
after sending the plurality of email messages, receiving, by the computing device, a command to withdraw at least one personal information value of the first set of personal information values;
rendering the at least one personal information value unavailable for use in advertisements;
determining, by the message device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value; and
determining, by the computing device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value; and
sending, by the message device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements.
sending, by the computing device to the first email account, a plurality of email messages, in which each email message includes an advertisement of the second subset of advertisements.
Application 18/380,820
Parent Application
US Patent 10,636,059
receiving, by the message device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
receiving, by the computing device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
in which the message-device/personal-computer is capable of accessing a remote email service that is offered by another device, and in which the device assesses the remote email service via a network
granting, by the computing device to a message device, access to a first message account, in which the first message account has a user and has an account balance;
calculating, by the message device, for each of a plurality of personal information types, a corresponding price;
calculating, by the computing device, for each of a plurality of personal information types, a corresponding price;
displaying, by the message device, the plurality of personal information types and the corresponding prices;
displaying, by the message device, an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
instructing, by the computing device, the message device to display an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
receiving, by the message device, a first set of personal information values of the user;
receiving, by the computing device from the message device, a first set of personal information values of the user;
receiving, by the message device, a minimum price;
receiving, by the computing device from the message device, a minimum price;
determining, by the message device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
determining, by the computing device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
sending, by the message device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements;
sending, by the computing device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements;
receiving, by the message device, at least one rating of at least one advertisement of the subset of advertisements;
determining, by the message device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
determining, by the computing device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
increasing, by the message device, the account balance by the amount to pay the user;
increasing, by the computing device, the account balance by the amount to pay the user r;
displaying, by the message device, a list of personal information values that have been made available for use in advertisements, wherein the at least one rating is selected from a set of stars;
after sending the plurality of messages, receiving, by the message device, a command to withdraw at least one personal information value of the first set of personal information values;
after sending the plurality of messages, receiving, by the computing device, a command to withdraw at least one personal information value of the first set of personal information values;
rendering the at least one personal information value unavailable for use in advertisements;
determining, by the message device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value; and
determining, by the computing device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value; and
sending, by the message device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements.
sending, by the computing device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements.
Application 18/380,820
Parent Application
US Patent 11,087,363
receiving, by the message device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
receiving, by the computing device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
in which the message-device/personal-computer is capable of accessing a remote email service that is offered by another device, and in which the device assesses the remote email service via a network
granting, by the computing device to a message device, access to a first message account, in which the first message account has a user and has an account balance;
calculating, by the message device, for each of a plurality of personal information types, a corresponding price;
calculating, by the computing device, for each of a plurality of personal information types, a corresponding price;
displaying, by the message device, the plurality of personal information types and the corresponding prices;
instructing, by the computing device, the message device to display the plurality of personal information types and the corresponding prices;
displaying, by the message device, an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
instructing, by the computing device, the message device to display an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
receiving, by the message device, a first set of personal information values of the user;
receiving, by the computing device from the message device, a first set of personal information values of the user;
receiving, by the message device, a minimum price;
receiving, by the computing device from the message device, a minimum price;
determining, by the message device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
determining, by the computing device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
sending, by the message device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements;
sending, by the computing device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements;
receiving, by the message device, at least one rating of at least one advertisement of the subset of advertisements;
determining, by the message device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
determining, by the computing device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
increasing, by the message device, the account balance by the amount to pay the user;
increasing, by the computing device, the account balance by the amount to pay the user;
displaying, by the message device, a list of personal information values that have been made available for use in advertisements, wherein the at least one rating is selected from a set of stars;
instructing, by the computing device, the message device to display a list of personal information values that have been made available to the computing device;
after sending the plurality of messages, receiving, by the message device, a command to withdraw at least one personal information value of the first set of personal information values;
after sending the plurality of messages, receiving, by the computing device, a command to withdraw at least one personal information value of the first set of personal information values;
rendering the at least one personal information value unavailable for use in advertisements;
rendering the at least one personal information value inaccessible to the computing device;
determining, by the message device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value; and
determining, by the computing device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value for which the command to withdraw was received; and
sending, by the message device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements.
sending, by the computing device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements.
Application 18/380,820
Parent Application
US Patent 11,830,039
receiving, by the message device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
receiving, by the computing device from a plurality of advertiser devices, a plurality of advertisements, for each advertisement, at least one corresponding personal information value, and for each advertisement, a corresponding price;
in which the message-device/personal-computer is capable of accessing a remote email service that is offered by another device, and in which the device assesses the remote email service via a network
granting, by the computing device to a message device, access to a first message account, in which the first message account has a user and has an account balance;
calculating, by the message device, for each of a plurality of personal information types, a corresponding price;
calculating, by the computing device, for each of a plurality of personal information types, a corresponding price;
displaying, by the message device, the plurality of personal information types and the corresponding prices;
instructing, by the computing device, the message device to display the plurality of personal information types and the corresponding prices;
displaying, by the message device, an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
instructing, by the computing device, the message device to display an input control that permits entry of a minimum price, and an input control that permits entry of a respective personal information value for each of a second plurality of personal information types;
receiving, by the message device, a first set of personal information values of the user;
receiving, by the computing device from the message device, a first set of personal information values of the user;
receiving, by the message device, a minimum price;
receiving, by the computing device from the message device, a minimum price;
determining, by the message device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
determining, by the computing device, a first subset of the advertisements that match the first set of personal information values, without making the first set of personal information values available to any of the plurality of advertiser devices, in which each advertisement of the first subset matches at least one of the first set of personal information values, and each advertisement of the first subset has a corresponding price which is not less than the minimum price;
sending, by the message device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements;
sending, by the computing device to the first message account, a plurality of messages, in which each message includes a respective advertisement of the subset of advertisements;
receiving, by the message device, at least one rating of at least one advertisement of the subset of advertisements;
receiving, by the computing device from the message device, at least one rating of at least one advertisement of the subset of advertisements;
determining, by the message device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
determining, by the computing device, an amount to pay the user based on the prices corresponding to the subset of advertisements;
increasing, by the message device, the account balance by the amount to pay the user;
increasing, by the computing device, the account balance by the amount to pay the user;
displaying, by the message device, a list of personal information values that have been made available for use in advertisements, wherein the at least one rating is selected from a set of stars;
instructing, by the computing device, the message device to display a list of personal information values that have been made available to the computing device;
after sending the plurality of messages, receiving, by the message device, a command to withdraw at least one personal information value of the first set of personal information values;
after sending the plurality of messages, receiving, by the computing device, a command to withdraw at least one personal information value of the first set of personal information values;
rendering the at least one personal information value unavailable for use in advertisements;
rendering the at least one personal information value inaccessible to the computing device;
determining, by the message device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value; and
determining, by the computing device, a second subset of the advertisements that match a second set of personal information values, in which the second set of personal information values includes each of the first set of personal information values except for the at least one personal information value, whereby the second set of personal information values does not include the at least one personal information value; and
sending, by the message device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements.
sending, by the computing device to the first message account, a plurality of messages, in which each message includes an advertisement of the second subset of advertisements.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because the claims are not directed to an abstract idea is acknowledged and considered.
However, upon further consideration, it is deemed that the claimed invention is an abstract idea performed by an marketing team (or person).
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach the limitation calculating, by the personal computer for each of a plurality of personal information types, a corresponding price displaying, by the personal computer, the plurality of personal information types and the corresponding prices, is acknowledged and considered.
However, applicant is arguing a limitation that is not disclosed by the applicant.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
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/NARESH VIG/Primary Examiner, Art Unit 3622
March 18, 2026