DETAILED ACTION
Status of the Claims
The following is a Final Office Action in response to remarks filed 14 July 2026.
Claim 51 has been amended.
Claims 51- 66 are pending have been examined.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant argues that the 35 U.S.C. 101 rejection under the Alice Corp. vs. CLS Bank Int’l be withdrawn; however the Examiner respectfully disagrees. The Examiner notes that in order to be patent eligible under 35 U.S.C. 101, the claims must be directed towards a patent eligible concept, which, the instant claims are not directed. Contrary to Applicant’s assertion that the claims are not a mental process as well as the abstract idea of organizing human activities, the Examiner notes that illustrating feelings such as consciousness affects is a function that artists, therapists, patients, counselors, doctors, etc. have traditionally expressed or helped express for users. Next, the claims are not directed to a practical application of the concept. The claims do not result in improvements to the functioning of a computer or to any other technology or technical field. They do not effect a particular treatment for a disease. They are not applied with or by a particular machine. They do not effect a transformation or reduction of a particular article to a different state or thing. And they are not applied in some other meaningful way beyond generally linking the use of the judicial exception (i.e., conveying dominant categories of consciousness affects within shared posts via illustrations) to a particular technological environment (i.e., over the Internet via social network). Here, again as noted in the previous rejection, mere instructions to apply an exception using a generic computer component cannot provide an inventive concept - MPEP 2016.05(f). The claims recitation of the “display interface, “website and/or a client device application” only generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h). The claim(s) is/are not patent eligible, even when considered as a whole. As such the rejection was not withdrawn.
Applicants further argue that the claims are similar to the recent McRO decision; however the Examiner respectfully disagrees. In McRO, the Federal Circuit held the claimed methods of automatic lip synchronization and facial expression animation using computer-implemented rules patent eligible under 35 U.S.C. § 101, because they were not directed to an abstract idea (Step 2A of the USPTO's SME guidance). The basis for the McRO court's decision was that the claims were directed to an improvement in computer-related technology (allowing computers to produce "accurate and realistic lip synchronization and facial expressions in animated characters" that previously could only be produced by human animators), and thus did not recite a concept similar to previously identified abstract ideas. As part of its analysis, the McRO court examined the specification, which described the claimed invention as improving computer animation through the use of specific rules, rather than human artists, to set morph weights (relating to facial expressions as an animated character speaks) and transition parameters between phonemes (relating to sounds made when speaking). As explained in the specification, human artists did not use the claimed rules, and instead relied on subjective determinations to set the morph weights and manipulate the animated face to match pronounced phonemes. The McRO court thus relied on the specification's explanation of how the claimed rules enabled the automation of specific animation tasks that previously could not be automated when determining that the claims were directed to improvements in computer animation instead of an abstract idea. The McRO court indicated that it was the incorporation of the particular claimed rules in computer animation that "improved [the] existing technological process.” Here, unlike McRO, a computer was merely used as a tool to perform an existing process i.e. gathering and combining data related to user submissions in order to output a result based upon dominant category and intensity thereof. As such, the claims are not similar to McRO and the rejection not overcome.
Applicant’s arguments appear to be whether or not the use of computer or computing components for increased speed and efficiency is an inventive concept; however the Examiner respectfully disagrees. Nor, in addressing the second step of Alice, does claiming the improved speed or efficiency inherent with applying the abstract idea on a computer provide a sufficient inventive concept. See Bancorp Servs., LLC v. Sun Life Assurance Co. of Can., 687 F.3d 1266, 1278 (Fed. Cir. 2012) (“[T]he fact that the required calculations could be performed more efficiently via a computer does not materially alter the patent eligibility of the claimed subject matter.”); CLS Bank, Int’l v. Alice Corp., 717 F.3d 1269, 1286 (Fed. Cir. 2013) (en banc) aff’d, 134 S. Ct. 2347 (2014) (“[S]imply appending generic computer functionality to lend speed or efficiency to the performance of an otherwise abstract concept does not meaningfully limit claim scope for purposes of patent eligibility.” (citations omitted)).
Applicant’s arguments with respect to the prior art have been fully considered but are moot on grounds of new rejection, as necessitated by amendments.
In response to arguments in reference to any depending claims that have not been individually addressed, all rejections made towards these dependent claims are maintained due to a lack of reply by the Applicants in regards to distinctly and specifically pointing out the supposed errors in the Examiner's prior office action (37 CFR 1.111). The Examiner asserts that the Applicants only argue that the dependent claims should be allowable because the independent claims are unobvious and patentable over the prior art.
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 51-66 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims are directed to a process (an act, or series of acts or steps), a machine (a concrete thing, consisting of parts, or of certain devices and combination of devices), and a manufacture (an article produced from raw or prepared materials by giving these materials new forms, qualities, properties, or combinations, whether by hand labor or by machinery). Thus, each of the claims falls within one of the four statutory categories (Step 1). However, the claim(s) recite(s) conveying dominant categories of consciousness affects within shared posts which is an abstract idea of a mathematical concept of a visual representation of consciousness affect based on a calculated intensity of a dominant category, as well as of a mental process and organizing human activities.
The limitations of “ascertaining, using the location information of one or more of said client devices, a common location of one or more of said client devices; arriving at,... and based on said common location, a dominant category of one or more of said shares that is associated with said common location, wherein the dominant category is a single category and not a combination or superposition of multiple categories; calculating....an intensity of said dominant category of one or more of said shares associated with said common location said calculating comprising: identifying in each of said submissions, information relating to one or more consciousness input types; extracting, from said information relating to one or more of said consciousness input types, information relating to one or more categories of each of said consciousness input types ("categories") to generate a list identifying one or more extracted categories from each of said submissions; assigning a predetermined value to each of said extracted categories from each of said submissions; adding said predetermined values for each of said submissions that contributes to said dominant category and arriving at a total of predetermined values; adding number of submissions that contribute to said dominant category and arriving at a total number of submissions; dividing said total of predetermined values by said total number of submissions to arrive at a dominant reference value; and determining said intensity of said dominant category in one or more of said shares based upon comparison of said dominant reference value with a default intensity value for said dominant category; visually presenting, on said display interface of said plurality of client devices located at said common location, one or more of said shares and said visual consciousness affect representation corresponding to one or more of said shares that is associated with said common location, wherein said consciousness affect representation appears adjacent to one or more of said shares, and wherein said consciousness affect representation is based on said dominant category of one or more of said shares posted on said website and/or said client device application, and wherein said visual consciousness affect representation is of a predetermined size, such that said predetermined size depends upon said intensity of said dominant category identifying one or more of said client devices that are located at said common location” ,” as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept, a mental process—concepts performed in the human mind (including an observation, evaluation, judgment, opinion) as well as organizing human activities--fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) but for the recitation of generic computer components (Step 2A Prong 1). That is, other than reciting “using a client device…and/or server module” nothing in the claim element precludes the step from practically being performed in the mind or from the methods of organizing human interactions grouping. For example, but for the “using a client device,” language, “arriving” “calculating,...identifying, extracting, assigning, adding, adding, dividing, determining,...” “identifying,” and “conveying” in the context of this claim encompasses the user manually collecting shared posts (organizing human activities including social activities) and manually reading the shared posts to determine what sort of conscious affect is dominant (a mental judgement or evaluation and mathematical concept of calculating). If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind and/or certain methods of organizing human activities, but for the recitation of generic computer components, then it falls within the “Mathematical Concepts,” or “Mental Processes” and/or “Certain Methods of Organizing Human Activities” grouping (s)of abstract ideas. Accordingly, the claim(s) recite(s) an abstract idea. However, if possible, the Examiner should consider the limitations together as a single abstract idea rather than as a plurality of separate abstract ideas to be analyzed individually. “For example, in a claim that includes a series of steps that recite mental steps as well as a mathematical calculation, an Examiner should identify the claim as reciting both a mental process and a mathematical concept for Step 2A, Prong One to make the analysis clear on the record.” MPEP 2106.04, subsection II.B. Under such circumstances, however, the Supreme Court has treated such claims in the same manner as claims reciting a single judicial exception. Id. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)). Here, the limitations are considered together as a single abstract idea for further analysis. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations as a mathematical concept, while some of the limitations may be performed in the mind after certain limitations are performed or based upon the organizing of human activities, but for the recitation of generic computer components, then it falls within the grouping of abstract ideas. (Step 2A, Prong One: YES). Accordingly, the claim(s) recite(s) an abstract idea.
This judicial exception is not integrated into a practical application (Step 2A Prong Two). The “retrieving or receiving” and “visually presenting” are simply extrasolution data gathering and post solution output activities respectively. Next, the claim only recites one additional element – using a using a client device…and/or server module to perform the steps. The module or medical device in the steps is recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Specifically the claims amount to nothing more than an instruction to apply the abstract idea using a generic computer or invoking computers as tools by adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claims recitation of the “display interface, “website and/or a client device application” only generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea, even when considered as a whole.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B). As discussed above with respect to integration of the abstract idea into a practical application (Step 2A Prong 2), the additional element of using a client device…and/or server module to perform the steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Reevaluating here in step 2B, the “retrieving or receiving” and “visually presenting” step(s) which are insignificant extrasolution activities are also determined to be well-understood, routine and conventional activity in the field. The Symantec, TLI, and OIP Techs court decisions in MPEP 2106.05(d)(II) indicate that the mere receipt or transmission of data over a network is well-understood, routine, and conventional function when it is claimed in a merely generic manner (as is here). Therefore, when considering the additional elements alone, and in combination, there is no inventive concept in the claim. As such, the claim(s) is/are not patent eligible, even when considered as a whole (Step 2B: NO).
Claims 52-58 recite the additional limitations further limiting the categories and data therein, which is still directed towards the abstract idea previously identified and is not an inventive concept that meaningfully limits the abstract idea. Again, as discussed with respect to claim 51, the claims are simply limitations which are no more than mere instructions to apply the exception using a computer or with computing components. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Even when considered as a whole, the claims do not integrate the judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claims 59-60 recite the additional limitations further limiting the shares, which is still directed towards the abstract idea previously identified and is not an inventive concept that meaningfully limits the abstract idea. Again, as discussed with respect to claim 51, the claims are simply limitations which are no more than mere instructions to apply the exception using a computer or with computing components. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Even when considered as a whole, the claims do not integrate the judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claims 61-65 recite the additional limitations further limiting how the consciousness affect is visually presented by introducing concepts such as location, baseline, time, and intensity, which is still directed towards the abstract idea previously identified and is not an inventive concept that meaningfully limits the abstract idea. Again, as discussed with respect to claim 51, the claims are simply limitations which are no more than mere instructions to apply the exception using a computer or with computing components. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Even when considered as a whole, the claims do not integrate the judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claim 66 recite the additional limitations further limiting how the location data is obtained, which is still directed towards the abstract idea previously identified and is not an inventive concept that meaningfully limits the abstract idea. Again, as discussed with respect to claim 51, the claims are simply limitations which are no more than mere instructions to apply the exception using a computer or with computing components. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Even when considered as a whole, the claims do not integrate the judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claims 51-66 are therefore not eligible subject matter, even when considered as a whole.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 51-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Froloff (US Patent No. 7,720,784) and further in view of Albouyeh et al. (US PG Pub. 2017/0344225).
As per claim 51, Froloff discloses A method of presenting, on a display interface, a visual consciousness affect representation of one or more shares posted on a website and/or a client device application, said method comprising: (hardware, computer system and instructions, Froloff Col. 14 lines 20-67; process and use emotive intelligence in games, email, ecommerce, PDAs/cells, Operating Systems and Interfaces, etc, to enhance and improve their functionality using El, Col. 5 lines 11-14; see also Col. 16 lines 14-28 discussing receiving physical signals from external stimuli):
retrieving or receiving, from memory of a client device and/or a server, one or more of said shares posted on said display interface of said website and/or client device application presented on one or more client devices and location information associated with each one or more of said client devices, each of said shares contains one or more submissions, and wherein said submissions include at least one of icons, text, audio, and/or video (Artificial emotive intelligence can be applied to characters by endowing them with or representing them as software entities with emotive states and associated intensities, and threshold values that trigger actions. This set of emotive state entities would constitute the character emotive inventory, much like our own emotional makeup. Thus scenario events and circumstances trigger specific character emotive states/intensities from an emotive inventory, and these emotive signals exceed the set thresholds they trigger character actions. Character actions occur based on the reactions of emotive states, intensities, and thresholds reached, thus providing autonomy and intelligence to the character. A prosodic interface fed from a source of text and emotive content endows a machine character with perceived emotional intelligence, Froloff Col. 12 line 58-Col. 13 line 4; natural language parsers, generally represented by action text string or words; Col. 19 lines 31-57);
arriving at, using a client module on said client device and/or a server module on said server and based on said common location, a dominant category of one or more of said shares that is associated with said common location (emotive state and intensity, Froloff Col. 19 lines 41-57; associated emotive state and associated intensity, Col. 28 lines 14-25; emotive intensity above a threshold, Col. 24 lines 5-32) (Examiner notes the emotive state as the equivalent to the conscious affect);
calculating, using said client module on said client device and/or said server module on said server, an intensity of said dominant category of one or more of said shares associated with said common location (Actual calculations of raw emovectors includes mapping the emotive vector to an n-dimensional space with pain-pleasure and time dimensions wherein vector operations on the emovectors yield resultant pleasure-pain values or by defining a two-dimensional space wherein pleasure and pain axes are aligned in opposing directions orthogonal to a time axis and performing algebraic operations to obtain net pleasure-pain from emotive shifts in time. Since emotions are constantly changing as we experience events, so must the electronic domain accommodate and interpret these changes. More than one emovector from an author gives rise to the processing of emotive shifts. These emotive shifts or emotional changes maintain their association with the text, coloring the process with additional meaning and attributes that relate directly to the author, Froloff Col. 12 lines 19-33; emotive state and intensity, Col. 19 lines 41-57) said calculating comprising:
identifying in each of said submissions, information relating to one or more consciousness input types (Artificial emotive intelligence can be applied to characters by endowing them with or representing them as software entities with emotive states and associated intensities, and threshold values that trigger actions. This set of emotive state entities would constitute the character emotive inventory, much like our own emotional makeup. Thus scenario events and circumstances trigger specific character emotive states/intensities from an emotive inventory, and these emotive signals exceed the set thresholds they trigger character actions. Character actions occur based on the reactions of emotive states, intensities, and thresholds reached, thus providing autonomy and intelligence to the character. A prosodic interface fed from a source of text and emotive content endows a machine character with perceived emotional intelligence, Froloff Col. 12 line 58-Col. 13 line 4; natural language parsers, generally represented by action text string or words; Col. 19 lines 31-57);
extracting, from said information relating to one or more of said consciousness input types, information relating to one or more categories of each of said consciousness input types ("categories") to generate a list identifying one or more extracted categories from each of said submissions (Thus the cognitive communication in the form of text or words embedding and being colored by the emotive content, will at times contain the emotive intensity in the form of "qualifying" words giving the emotive state a vectoral dimension magnitude which can be converted from text to numerical value. Thus all of the emotive numerical metrics above also apply to vectoral emotive character extracted from text where the author expresses qualifiers in association with the feeling words or emotive state, Froloff Col. 21 lines 11-19; natural language parsers, generally represented by action text string or words; Col. 19 lines 31-57);
assigning a predetermined value to each of said extracted categories from each of said submissions (Thus the cognitive communication in the form of text or words embedding and being colored by the emotive content, will at times contain the emotive intensity in the form of "qualifying" words giving the emotive state a vectoral dimension magnitude which can be converted from text to numerical value. Thus all of the emotive numerical metrics above also apply to vectoral emotive character extracted from text where the author expresses qualifiers in association with the feeling words or emotive state, Froloff Col. 21 lines 11-19);
adding said predetermined values for each of said submissions that contributes to said dominant category and arriving at a total of predetermined values (In more sophisticated models, the physical, emotional and cognitive induced feelings can be weighted differently to yield better predictions on overall net feeling dispositions through superposition of diverse feelings, treating each feeling independently and combining those along a common subject matter. As above, the subject matter is carried in the text strings, upon which the combined emotive pain or pleasure operates, Froloff Col. 18 lines 55-63);
adding number of submissions that contribute to said dominant category and arriving at a total number of submissions (In more sophisticated models, the physical, emotional and cognitive induced feelings can be weighted differently to yield better predictions on overall net feeling dispositions through superposition of diverse feelings, treating each feeling independently and combining those along a common subject matter. As above, the subject matter is carried in the text strings, upon which the combined emotive pain or pleasure operates, Froloff Col. 18 lines 55-63);
dividing said total of predetermined values by said total number of submissions to arrive at a dominant reference value (Emotive vectors represent an emotive state accompanied with an author normalized emotive magnitude or intensity. In an embodiment of the invention, a numerical value for emotive intensity will range from 1 to 10 with 1 being the lowest intensity felt in a particular emotive state by the author and 10 being the highest emotive state intensity felt by the author. Emotive vector displacement translations can be accomplished to extend the emotive state word number to apply to most feeling words. For example the emotive vector, emotive state/intensity pair, of (IRATE, 10) 605 would be emotively equivalent to the emotive vectors of (ANGRY, 8) 609 or (ENRAGED, 3) 613. (ANNOYED, 10) 601 is equivalent to (IRATE, 5) 605 and so forth. These are all associated with set ranges of 0 to 10 603 607 611 615 and ranges 617 621 625 629 for the emotive states Content 619 Pleased 623 Happy 627 and Ecstatic 631 respectively and related in meaning, falling in the pleasure space. The relative placements of the emotive state ranges are the bridge that allows the total emotive displacement calculation. They can be collectively determined by linguists or set in some other fashion, but they become the translation bridge between and among feeling words. The emotive intensity range shift magnitude is determined by common usage of the emotive state word. Emotive equivalencing between emotive vectors, emotive state-intensity pairs, translates between words that have similar emotive states but vary by emotive intensity range placement in the pleasure/pain space. A set of emotive intensity range scale translations for similar emotive state words can be defined and stored for use and for the purposes of translations between emotive state-intensity pairs. FIG. 6 graphically illustrates the translation of emotive states though the process of emotive equivalencing and total emotive displacement from Ecstatic 631 to Enraged 613. Under the emotive state word ANGRY appearing in a thesaurus, one would find annoyed, irritated, fuming, mad, livid, irate, heated, cross, incensed, enraged, outraged and infuriated. One can translate between those thesaurus-defined emotive states by positioning the associated intensity range up or down in range scale to align with common usage of the terms to describe reasonably similar feelings, first relative to themselves and then relative to the neutral 637 axis. In FIG. 6, we graphically defined the incremental emotive displacement by range shifting from Annoyed to Irate as 5, Irate to Angry as 3, and from Angry to Enraged 5. This can be done by committee of qualified experts and shown here for illustration of a first order cycle of operation. The total displacement from the neutral axis 637 to the highest Enraged intensity is determined by adding the incremental feeling word displacements between the desired unknown and the intermediate incremental displacements, here Annoyed at 5, Irate at 2, Angry at 5 and Enraged at 10, yielding a total displacement on the pain space of 22. While the relative emotive displacement between states can be determined by language experts and thus more objective, the actual emotive intensity of the user chosen state name and intensity is chosen by and normalized to the author, and thus totally subjective to the author/sender. By translating emotive states through emotive equivalencing to determine total emotive displacement, a relatively small face glyph set or emotive table set can be made to represent a much larger vocabulary of feeling words. Given an emovector 631 Ecstatic/6, the emotive displacement is calculated by the algebraic sum of the intermediate ranges of related meaning states Happy 627, Pleased 623, and Content 619 with incremental range displacements of 6, 4 and 2 respectively. Thus the total emotive displacement from the neutral axis of the emovector 631 is the sum 6+6+4+2 totaling 18. Thus and embodiment of the invention uses meaning related emotive state ranges as scale extensions constructed contiguously or overlapping to a neutral pain-pleasure axis, in determining total emotive displacement from an emovector to the origin pain-pleasure axis, Froloff Col. 22 line 17-Col. 23 line 19) (Examiner notes the determination of the actual emotive intensity as including the ability to divide the number of submissions that contribute to the dominant reference value, as in the example of Froloff; and
determining said intensity of said dominant category in one or more of said shares based upon comparison of said dominant reference value with a default intensity value for said dominant category (By translating emotive states through emotive equivalencing to determine total emotive displacement, a relatively small face glyph set or emotive table set can be made to represent a much larger vocabulary of feeling words. Given an emovector 631 Ecstatic/6, the emotive displacement is calculated by the algebraic sum of the intermediate ranges of related meaning states Happy 627, Pleased 623, and Content 619 with incremental range displacements of 6, 4 and 2 respectively. Thus the total emotive displacement from the neutral axis of the emovector 631 is the sum 6+6+4+2 totaling 18. Thus and embodiment of the invention uses meaning related emotive state ranges as scale extensions constructed contiguously or overlapping to a neutral pain-pleasure axis, in determining total emotive displacement from an emovector to the origin pain-pleasure axis, Froloff Col. 22 line 17-Col. 23 line 19);
conveying, using said client module and/or said server module, said dominant category of one or more of said shares posted on said website and/or said client device application from said client device and/or said server to said website and/or said client device application presented on a plurality of said client devices located at said common location (The software system might be installed at the phone exchange or in an intelligent answering machine, where it will listen to incoming messages and send the recipient a text message along with an emoticon indicating whether the message is urgent, happy, excited or formal. As machines and devices do more and more, emotional intelligence must be introduced so that software can serve us better. Currently, these external means to bring in emotive intelligence are limited, not cohesive, making them islands without bridges to connect these kinds of applications with other applications, Froloff Col. 8 lines 28-39; see also Col. 12 lines 34-57 discussing sending of the emotive content);
visually presenting, on said display interface of said plurality of client devices located at said common location, one or more of said shares and said visual consciousness affect representation corresponding to one or more of said shares that is associated with said common location, wherein said consciousness affect representation appears adjacent to one or more of said shares, and wherein said consciousness affect representation is based on said dominant category of one or more of said shares posted on said website and/or said client device application, and wherein said visual consciousness affect representation is of a predetermined size, such that said predetermined size depends upon said intensity of said dominant category (process and use emotive intelligence in games, email, ecommerce, PDAs/cells, Operating Systems and Interfaces, etc, to enhance and improve their functionality using El, Froloff Col. 5 lines 11-14; Simultaneously, the character and character actions would be displaying emotive expressions corresponding to emotive states with associated emotive intensities, morphing character display expressions with corresponding character emotive state and associated intensity changes. This can further be synchronized with prosodically outputting character text and visual display corresponding to associated emotive state and associated intensity. The result would provide a fully intelligent multi-dimensional character that can autonomously function in responding action, outwardly display emotional changes morphed in direct correlation to the emotive shifts and emotively justifiable prosodically enabled verbal output, Col. 28 lines 14-25).
While Froloff does disclose the ability to account for users’ locations (Providers compare received emotive content with provider emotive content preferences, and make offers of goods or services to authors with emotive content corresponding to provider's customer emotive content profiles. Thus emotive intelligence narrows an author's search for providers desiring to satisfy a particular market customized needs, needs that include temporal and geographical constraints. Temporal constraints are inferred from the text and emotive intensity; geographic constraints are authors' location, providers' location and the effort/time it generally takes to provide the good/service required, Froloff Col. 12 lines 41-51), Froloff does not expressly disclose ascertaining, using the location information of one or more of said client devices, a common location of one or more of said client devices; identifying one or more of said client devices that are located at said common location.
However, Albouyeh teaches ascertaining, using the location information of one or more of said client devices, a common location of one or more of said client devices; identifying one or more of said client devices that are located at said common location (location awareness, analyzed for sentiment analysis, Albouyeh ¶31-¶34; for sentiment mapping, ¶22).
Both the Albouyeh and Froloff references are analogous in that both are directed towards/concerned with users’ online feelings and emotions. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use Albouyeh’s ability to utilize location based services in Froloffr’s system to improve the system and method with reasonable expectation that this would result in a system that could retrieve and analyze data from an online network to more accurately determine users’ emotions and sentiment.
The motivation being that as social networking websites have grown in popularity, increasing amounts of content is shared amongst social network users. Content is often presented to users based on what is trending at the time versus what is factual. Furthermore, social networking users may express sentiment in response to content that is shared with them. When content (i.e., information) is shared in a social network, the factual validity of the content as well as the path the content has taken may not be readily available to the recipients. Knowing the validity of content and where content originated from, as well as various characteristics of the path the content has taken across the social network, may provide greater confidence to the recipient of the information received. This may then help the recipient to decide how and to whom the content should be propagated. Therefore, it may be advantageous to, among other things, provide a way to present validity and origin metadata associated with content to social network users (Albouyeh ¶23).
As per claim 52, Froloff and Albouyeh disclose as shown above with respect to claim 51. Froloff further discloses wherein each of said one or more shares includes at least one input chosen from a group comprising emotional state input (emotive state and intensity, Froloff Col. 19 lines 41-57), reasoned input (gut feel, Col. 18 lines 22-38), location information input (real-time, geographic distance, Col. 24 lines 48-67), physical awareness input (pain/pleasure, Col. 22 line 38-Col. 23 line 19) and spiritual insight input (meditative, peaceful, Fig. 4A-4D and Col. 19 lines 26-32).
As per claim 53, Froloff and Albouyeh disclose as shown above with respect to claim 52. Froloff further discloses wherein said emotional state input represents an emotional state (emotive state and intensity, Froloff Col. 19 lines 41-57), said reasoned input represents an expression of said user gut feel, Col. 18 lines 22-38), said location information input represents location of said client devices (real-time, geographic distance, Col. 24 lines 48-67), said physical awareness input includes one information, associated with said user and chosen from a group comprising general health information, body type and biology awareness (pain/pleasure, Col. 22 line 38-Col. 23 line 19), and spiritual insight input represents an extra sense of presence or purpose associated one or more of said users (meditative, peaceful, Fig. 4A-4D and Col. 19 lines 26-32).
As per claim 54, Froloff and Albouyeh disclose as shown above with respect to claim 52. Froloff further discloses wherein said emotional state input includes one category chosen from a group comprising love, no love, joy, sad, concerned, annoyed, trust, defiant, peaceful, aggressive, accept, reject, interested, distracted, optimistic and doubtful, and said emotional state input is not the same as reasoned input, physical awareness input, location information input and spiritual insight input (aggressive, annoyed, optimistic, Froloff Fig. 4A-4D; see also emotive state words and the use of a thesaurus for translation, Col. 22 lines 52-57) (Examiner notes the ability to use a thesaurus to translate emotional state terms as the equivalent to having the group comprising love, no love, joy, sad, concerned, annoyed, trust, defiant, peaceful, aggressive, accept, reject, interested, distracted, optimistic and doubtful).
As per claim 55, Froloff and Albouyeh disclose as shown above with respect to claim 52. Froloff further discloses wherein said reasoned input includes one category chosen from a group comprising understood, solve, recognize, sight, hear, smell, touch, and taste, and said reasoned input is not the same as emotional state input, physical awareness input, location information input and spiritual insight input (puzzled, undecided, Froloff Fig. 4A-4D; confused, Col. 27 lines 54-67; see also emotive state words and the use of a thesaurus for translation, Col. 22 lines 52-57) (Examiner notes the ability to use a thesaurus to translate emotional state terms as the equivalent to having the a group comprising understood, solve, recognize, sight, hear, smell, touch, and taste).
As per claim 56, Froloff and Albouyeh disclose as shown above with respect to claim 52. Froloff further discloses wherein said physical awareness input includes one category chosen from a group comprising fit, not fit, energetic, tired, healthy, sick, hungry and full, and said physical awareness is not the same as emotional state input, reasoned input, location information input and spiritual insight input (hunger, Froloff Col. 9 lines 25-41; see also emotive state words and the use of a thesaurus for translation, Col. 22 lines 52-57) (Examiner notes the ability to use a thesaurus to translate emotional state terms as the equivalent to having the group comprising fit, not fit, energetic, tired, healthy, sick, hungry and full).
As per claim 57, Froloff and Albouyeh disclose as shown above with respect to claim 52. Froloff further discloses wherein said location information input includes one category chosen from a group comprising attraction, repulsion, calm, unrest, anticipate, remember, solitude, and congestion, and said location information input is not the same as emotional state input, reasoned input, physical awareness input, and spiritual insight input (aroused, loved, love struck, Froloff Fig. 4A-4D; confused, Col. 27 lines 54-67; see also emotive state words and the use of a thesaurus for translation, Col. 22 lines 52-57) (Examiner notes the ability to use a thesaurus to translate emotional state terms as the equivalent to having the group comprising attraction, repulsion, calm, unrest, anticipate, remember, solitude, and congestion).
As per claim 58, Froloff and Albouyeh disclose as shown above with respect to claim 51. Froloff further discloses wherein said spiritual insight input includes one category chosen from a group comprising hug, missing, energy, shield, flash, deja vu, presence, and universe, and said reasoned input is not the same as emotional state input, physical awareness input, location information input and reasoned input (grieving, meditative, peaceful, Froloff Fig. 4A-4D and Col. 19 lines 26-32) (Examiner notes the meditative and peaceful aspects as the equivalent to energy, presence and universe).
As per claim 59, Froloff and Albouyeh disclose as shown above with respect to claim 51. Froloff further discloses wherein one or more of said shares is associated with one or more users (process and use emotive intelligence in games, email, ecommerce, PDAs/cells, Operating Systems and Interfaces, etc, to enhance and improve their functionality using El, Froloff Col. 5 lines 11-14; Simultaneously, the character and character actions would be displaying emotive expressions corresponding to emotive states with associated emotive intensities, morphing character display expressions with corresponding character emotive state and associated intensity changes. This can further be synchronized with prosodically outputting character text and visual display corresponding to associated emotive state and associated intensity. The result would provide a fully intelligent multi-dimensional character that can autonomously function in responding action, outwardly display emotional changes morphed in direct correlation to the emotive shifts and emotively justifiable prosodically enabled verbal output, Col. 28 lines 14-25).
As per claim 60, Froloff and Albouyeh disclose as shown above with respect to claim 59. Froloff further discloses wherein one or more of said shares is associated with one or more users, wherein said retrieving or receiving one or more of said shares includes receiving location information associated with one or more of said users, and wherein said visually presenting said visual consciousness affect representation corresponding to one or more of said shares is also based on said location information associated with one or more of said users (real-time, geographic distance, Froloff Col. 24 lines 48-67; capture and process geographic constraints, Col. 12 lines 44-57).
As per claim 61, Froloff and Albouyeh disclose as shown above with respect to claim 60. Froloff further discloses wherein said location information includes location of said client device and said retrieving or receiving one or more of said shares includes obtaining said location information from one source that is chosen from a group comprising satellite, global positioning system ("GPS"), 802.11 ("WiFi"), sensor, and radio frequency (WAN, LAN, cell/PDA, Froloff Col. 15 line 30-Col. 16 line 7).
As per claim 62, Froloff and Albouyeh disclose as shown above with respect to claim 60. Froloff further discloses further comprising establishing, for one or more users, a baseline consciousness affect representation at said particular location (Google currently provides a cell-phone service whereby the consumer dials a number on their cell/PDA and all the pizza establishments within a certain radius are identified and phone numbers provided. Application of emotive intelligence would anticipate such needs from the hunger feeling. In a scenario wherein one comes home and issues a command "Computer, I'm feeling extremely hungry", the home interface application may check a list of favorite meals which can be prepared within the time set for "extremely", 10-15 minutes, check the refrigerator and cupboards for available ingredients and let consumer know instantly what they have available and a list of restaurants within X radius which can be called beforehand by computer to ascertain wait time or to establish a reservation should that be necessary. This is all that a companion might do in knowing that you are "extremely hungry", thus this intelligence can also be programmed with the input of feelings, Froloff Col. 9 lines 25-41).
As per claim 63, Froloff and Albouyeh disclose as shown above with respect to claim 62. Froloff further discloses wherein said establishing includes identifying, for a particular time in aTWIINPOOIC2US duration, said baseline consciousness affect representation at said particular location, and wherein said duration includes one member chosen from a group comprising minute, hour, day, week, month, year, decade and century (based upon desired time constraint, Froloff Col. 9 lines 42-51).
As per claim 64, Froloff and Albouyeh disclose as shown above with respect to claim 51. Froloff further discloses computing, using said client device and/or said server, different said consciousness affects representations at different instances in time for a particular location information; and visually presenting, on said display interface of said plurality of client devices and for said particular location information, different said consciousness affect representations (Thus emotive intelligence narrows an author's search for providers desiring to satisfy a particular market customized needs, needs that include temporal and geographical constraints. Temporal constraints are inferred from the text and emotive intensity; geographic constraints are authors' location, providers' location and the effort/time it generally takes to provide the good/service required. Furthermore, before and after service emotive content shifts can be processed to alter further service in a customized fashion based on author satisfaction as calculated using a net pain-pleasure of given customer feelings. These feelings can travel in sequences and have priorities, and in an embodiment of the invention a model is given below to accommodate those challenges, Froloff Col. 12 lines 44-57).
As per claim 65, Froloff and Albouyeh disclose as shown above with respect to claim 51. Froloff further discloses retrieving or receiving, from memory of a client device and/or a server, an intensity information accompanying each of one or more of said submissions; determining, using said client module on said client device and/or said server module on said server, an intensity of said dominant category of one or more of said shares; conveying, using said client module and/or said server module, said intensity of said dominant category of one or more of said shares to said website and/or said client device application presented on a plurality of said client devices; and visually presenting said visual consciousness affect representation of a predetermined size, such that said predetermined size depends upon said intensity of said dominant category (emotive state and intensity, Froloff Col. 19 lines 41-57).
As per claim 66, Froloff and Albouyeh disclose as shown above with respect to claim 51. Albouyeh further teaches wherein said retrieving or receiving includes obtaining said location information from one source that is chosen from a group comprising satellite, global positioning system ("GPS"), 802.11 ("WiFi"), sensor, and radio frequency (wireless, wifi, 3G, 4G, Ablouyeh ¶52).
Conclusion
THIS ACTION IS MADE FINAL. 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 ANDREW B WHITAKER whose telephone number is (571)270-7563. The examiner can normally be reached on M-F, 8am-5pm, EST.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, Lynda Jasmin can be reached on (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-
automated- interview-request-air-form
/ANDREW B WHITAKER/Primary Examiner, Art Unit 3629
