8DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This Office Action is in response to the communication filed on 12/24/2025..
3. Claims 1 and 6 have been amended.
4. Claims 12 and 16 have been cancelled.
5. Claims 1-11, 13-15 and 17-18 are currently pending and are considered below.
Continued Examination Under 37 CFR 1.114
6. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/24/2025 has been entered.
Information Disclosure Statement
7. The Applicant is respectfully reminded that each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in 37 CFR 1.56.
Claim Rejections - 35 USC § 101
8. 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.
9. Claims 1-11, 13-15 and 17-18 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. Representative claim 1, recites a method, which is a statutory class, the method of incentivized advertisement viewing, comprising:
receiving, by an advertising media server, advertisement media from an advertiser terminal, the advertisement media comprising a plurality of advertisement videos;
storing, at an by the advertising media server, the received advertising media
received in a non-transitory computer readable storage medium;
establishing, by the advertising server, a viewing session associated with a
viewer's device, the viewing session comprising a session state that controls playback of an advertisement video;
transmitting, by the advertising media server, an advertisement video to the viewer's device for playback during the viewing session;
controlling, by the advertising media server, playback of the advertisement video by pausing the advertisement video at a playback position during playback;
generating, by the advertising media server, a first verification prompt associated
with the paused playback position, the first verification prompt comprising:
a query related to content of the video; and
a request for a first verification response to the query from the viewer;
transmitting the first verification prompt to the viewer's device and preventing resumption of playback of the advertisement video until the first verification response is received;
receiving, by the advertising media server from the viewer's device, the first verification response to the first verification prompt;
validating, by the advertising media server, the first verification response based
on the query and updating the session state to indicate a successful verification when the first verification response is correct;
resuming, by the advertising media server, playback of the advertisement video
playback upon receipt of the first verification response; and
applying, by the advertising media server, a reward to the viewer's reward bank based on the validation of the first verification response,
wherein the viewing session state prevents automated playback of the
advertisement video without completion of the first verification prompt, and
wherein the first verification response results in first verification response data,
the first verification response data used to create the reward, thereby transforming the
first verification response data into the reward which is then transferred to the viewer's
reward bank.
The steps of
receiving, by an advertising media server, advertisement media from an advertiser terminal, the advertisement media comprising a plurality of advertisement videos;
storing, at an by the advertising media server, the received advertising media
received in a non-transitory computer readable storage medium;
establishing, by the advertising server, a viewing session associated with a
viewer's device, the viewing session comprising a session state that controls playback of an advertisement video;
transmitting, by the advertising media server, an advertisement video to the viewer's device for playback during the viewing session;
controlling, by the advertising media server, playback of the advertisement video by pausing the advertisement video at a playback position during playback;
generating, by the advertising media server, a first verification prompt associated
with the paused playback position, the first verification prompt comprising:
a query related to content of the video; and
a request for a first verification response to the query from the viewer;
transmitting the first verification prompt to the viewer's device and preventing resumption of playback of the advertisement video until the first verification response is received;
receiving, by the advertising media server from the viewer's device, the first verification response to the first verification prompt;
validating, by the advertising media server, the first verification response based
on the query and updating the session state to indicate a successful verification when the first verification response is correct;
resuming, by the advertising media server, playback of the advertisement video
playback upon receipt of the first verification response; and
applying, by the advertising media server, a reward to the viewer's reward bank based on the validation of the first verification response,
wherein the viewing session state prevents automated playback of the
advertisement video without completion of the first verification prompt, and
wherein the first verification response results in first verification response data,
the first verification response data used to create the reward, thereby transforming the
first verification response data into the reward which is then transferred to the viewer's
reward bank,
as drafted, is a process that, under its broadest reasonable interpretation, covers a method of organizing human activity. Given the broadest reasonable interpretation, the claim recites a method for incentivized advertisement viewing. The above identified method steps recite commercial interactions such as sales activities and/or tailored personalized marketing relating to providing data associated with the person.
If a claim limitation, under its broadest reasonable interpretation, covers commercial interaction such as tailored personalized marketing, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of an advertising media server and a viewer device. The advertising media server and a viewer device is recited at a high-level of generality (i.e., as a generic processor performing a generic computer functions of
receiving advertisement media; storing, the received advertising media; establishing, a viewing session; transmitting, an advertisement video; controlling, playback of the advertisement video; generating, a first verification prompt; transmitting the first verification prompt to the viewer's device and preventing resumption of playback of the advertisement video; receiving, the first verification response; validating, the first verification response; resuming, playback of the advertisement video; and applying, a reward) such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of
an advertising media server and a viewer device amount to no more than mere instructions to apply the exception using generic computer components. The additional elements are similar to the additional elements found by courts to be mere instructions to apply an exception because they do no more than merely invoke computers or machinery to perform an existing process such as: a common business method or mathematical algorithm being applied on a general purpose computer (Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 US 208, 223; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334); providing a user with tailored information like advertisements based on information known about the user such as a location, address, or personal characteristics and a time of day is a fundamental practice long prevalent in our system); In re Morsa, 809 F. App’x 913, 917 (Fed. Cir. 2020). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, considered as an ordered combination, the additional elements add nothing that is not already present when the steps are considered separately. That is, an advertising media server and a viewer device, performing commercial interactions including:
receiving advertisement media; storing, the received advertising media; establishing, a viewing session; transmitting, an advertisement video; controlling, playback of the advertisement video; generating, a first verification prompt; transmitting the first verification prompt to the viewer's device and preventing resumption of playback of the advertisement video; receiving, the first verification response; validating, the first verification response; resuming, playback of the advertisement video; and applying, a reward, amount to mere instructions to apply the steps to a computer comprising of a processor.
Thus, claims 1 and 6 are not eligible.
As for dependent claims 2-5, 7-11, 13-15 and 17-18, these claims recite limitations that further define the same abstract idea noted in claims 1 and 6. Therefore, they are considered patent ineligible for the reasons given above. The additional limitations of the dependent claims, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself.
Claims 1-11, 13-15 and 17-18 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Response to Arguments
10. Applicant's arguments filed on 12/24/2025 with respect to the rejection of claims 1-11, 13-15 and 17-18 under 35 U.S.C. 101 have been fully considered but they are not persuasive. See new 101 rejection above.
11. Applicant’s arguments with respect to the rejection of amended claims 1-11, 13-15 and 17-18 under 35 U.S.C. 102/103(a) have been considered and they are persuasive. The rejection of claims 1-11, 13-15 and 17-18 have been withdrawn.
Conclusion
12. The prior art of record, taken individually or in any combination, does not teach, inter alia, a method, and system comprising: receiving, by an advertising media server, advertisement media from an advertiser terminal, the advertisement media comprising a plurality of advertisement videos; storing, at an by the advertising media server, the received advertising media received in a non-transitory computer readable storage medium; establishing, by the advertising server, a viewing session associated with a
viewer's device, the viewing session comprising a session state that controls playback of an advertisement video; transmitting, by the advertising media server, an advertisement video to the viewer's device for playback during the viewing session;
controlling, by the advertising media server, playback of the advertisement video by pausing the advertisement video at a playback position during playback; generating, by the advertising media server, a first verification prompt associated with the paused playback position, the first verification prompt comprising: a query related to content of the video; and a request for a first verification response to the query from the viewer;
transmitting the first verification prompt to the viewer's device and preventing resumption of playback of the advertisement video until the first verification response is received; receiving, by the advertising media server from the viewer's device, the first verification response to the first verification prompt; validating, by the advertising media server, the first verification response based on the query and updating the session state to indicate a successful verification when the first verification response is correct; resuming, by the advertising media server, playback of the advertisement video
playback upon receipt of the first verification response; and applying, by the advertising media server, a reward to the viewer's reward bank based on the validation of the first verification response, wherein the viewing session state prevents automated playback of the advertisement video without completion of the first verification prompt, and
wherein the first verification response results in first verification response data,
the first verification response data used to create the reward, thereby transforming the
first verification response data into the reward which is then transferred to the viewer's
reward bank.
13. The prior art most closely resembling applicant’s claimed invention is:
14. Hain et al. (U.S. Pub. No. 2021/0365980) discloses the video display 140 begins to present the video 1005 to the and user to earn rewards. In FIG. IOE, the user has paused the video 1005, and the rewarded video status and control 1010 displays an indication the user must finish watching the video 1005 to earn rewards and the indication displayed by the rewarded video status and control 1010 includes the reward value the user will earn when the video 1005 has been watched In FIG. IOF, the user has resumed playing the video 1005 on the video display 140 using the video player controls 1020 (see at least paragraph 0061).
15. Liu (U.S. Patent No. 9,881,058) discloses presentation of content can be paused, such as when a user action that indicates user attention is detected, the content display application can pause the presentation of content (see at least column 14 lines 24-25 and lines 41-43).
16. Barhydt et al. (U.S. Pub. No. 2009/0112708) talks about placing content, including advertising, content on a mobile device in response to an event in the operational lifecycle of the device. The event defines an opportunity between power-up and power-off when the user's attention is likely drawn to the device. The inserted content can be any media form including graphic, image, video, animation, audio or textual and can be fully interactive. The content is inserted before, during, or after an event in a minimally intrusive manner so as not to interfere with the communications features of the device. The system and method reward the user for each display of content (see at least the Abstract).
17. Suess (U.S. Pub. No. 2023/0093688) discloses providing an incentive to a viewer for watching an advertisement. The method includes receiving a triggering event from the viewer, providing an interactive window on receiving the triggering event, receiving an input from the viewer while interacting with the interactive window, performing an action based on the input from the viewer, wherein the action includes presenting the selected advertisement to the viewer if the input is selecting at least one advertisement from the advertisement group, and capturing advertisement preferences of the viewer through a user interface if the input is clicking a user interface element related to advertisement preferences from the one or more user interface elements. Further, the method includes providing an incentive to the viewer, and facilitating the viewer's redemption of the incentive for rewards.
18. Bowles (U.S. Patent No. 8,370,870) discloses providing a service comprising an on demand video service to the viewer wherein the viewer has an option to view video content. The viewer is compensated a reward for having viewed the video content, and an accounting is maintained of the reward and corresponding viewer identification (see at least paragraph (9) Summary of the Invention.
19. Soicher et al. (U.S. Pub. No. 2008/0221986) discloses a consumer-choice, incentive based, alternative payment method and advertising system. The system and method provides a highly efficient and effective means for advertisers to deliver video or other advertisements to a demographically and psychographically desirable audience. The system and method enables users to convert their time spent viewing and/or listening to user-selected advertisements at their convenience into payment rewards (e.g., credits) that may be exchanged for goods and services. Users may exchange these rewards for predetermined or not yet identified goods or services. Furthermore, the system and method tracks, logs, and reports user usage and related statistics (see at least the Abstract).
20. Updated Search for prior art:
21. Prince (U.S. Pub. No. 2011/0258026) discloses an advertising referral incentive system encourages users to interact with advertisements by providing payment to original users for interaction with advertisements and interaction by users referred by original users. The payment may be monetary and also entries into a jackpot. Advertisers may select users based on demographic information provided by users and pay for the users they reach (see at least the Abstract).
22. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARILYN G MACASIANO whose telephone number is (571)270-5205. The examiner can normally be reached Monday-Friday 12:00-9:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, llana Spar can be reached on 571)270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 03/07/2026