DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 have been examined in this application. This communication is the first action on the merits.
Claim Interpretation Note
Claim 1 recites the limitation “in response to receiving a first content request associated with a first content delivery opportunity, generating a first bid request indicative of a first bid floor;” (emphasis added). However, the claims do not positively recite receiving a first content request associated with a first content delivery opportunity. Accordingly, this “in response to” limitation is merely conditional and not necessarily performed.
Further, claim 1 recites the limitation “in response to receiving a second content request associated with a second content delivery opportunity, generating a second bid request indicative of a second bid floor different than the first bid floor” (emphasis added). However, the claims do not positively recite receiving a second content request associated with a second content delivery opportunity. Accordingly, this “in response to” limitation is merely conditional and not necessarily performed.
Claims 2-13 depend from claim 1 and thus inherit the interpretation of claim 1.
Given the conditional nature of the claim language noted above, such language has been afforded appropriate patentable weight during examination.
Claim 3 recites the limitation “determining the third bid floor comprises setting the third bid floor to the first bid floor value in response to determining that a set of features associated with the third content request matches the first set of features” (emphasis added). However, the claims do not positively recite determining that a set of features associated with the third content request matches the first set of features. Accordingly, this “in response to” limitation is merely conditional and not necessarily performed.
Given the conditional nature of the claim language noted above, such language has been afforded appropriate patentable weight during examination.
Claim 10 recites the limitation “in response to receiving the first content request associated with the first content delivery opportunity, generating a third bid request indicative of a third bid floor” (emphasis added). However, the claims do not positively recite receiving the first content request associated with the first content delivery opportunity. Accordingly, this “in response to” limitation is merely conditional and not necessarily performed.
Further, claim 10 recites the limitation “in response to receiving the second content request associated with the second content delivery opportunity, generating a fourth bid request indicative of a fourth bid floor” (emphasis added). However, the claims do not positively recite receiving the second content request associated with the second content delivery opportunity. Accordingly, this “in response to” limitation is merely conditional and not necessarily performed.
Claims 2-13 depend from claim 1 and thus inherit the interpretation of claim 1.
Given the conditional nature of the claim language noted above, such language has been afforded appropriate patentable weight during examination.
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 non-statutory subject matter.
Step 1. When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
Step 2A – Prong One. If the claims fall within one of the statutory categories, it must then be determined whether the claims recite an abstract idea, law of nature, or natural phenomenon.
Step 2A – Prong Two. If the claims recite an abstract idea, law of nature, or natural phenomenon, it must then be determined whether the claims recite additional elements that integrate the judicial exception into a practical application. If the claims do not recite additional elements that integrate the judicial exception into a practical application, then the claims are directed to a judicial exception.
Step 2B. If the claims are directed to a judicial exception, it must be evaluated whether the claims recite additional elements that amount to an inventive concept (i.e. “significantly more”) than the recited judicial exception.
In the instant case, claims 1-13 are directed to a process; claims 14-18 are directed to a manufacture; and claims 19 and 20 are directed to a machine.
A claim “recites” an abstract idea if there are identifiable limitations that fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106. In the instant case, claim 1, and similarly claims 14 and 19, recites the steps of:
in response to receiving a first content request associated with a first content delivery opportunity, generating a first bid request indicative of a first bid floor; transmitting the first bid request to a first bidder; receiving, from the first bidder, a first bid response responsive to the first bid request, wherein the first bid response is indicative of a first bid for submission to a first auction associated with the first content delivery opportunity; determining a first result of the first auction; in response to receiving a second content request associated with a second content delivery opportunity, generating a second bid request indicative of a second bid floor different than the first bid floor; transmitting the second bid request to the first bidder; receiving, from the first bidder, a second bid response responsive to the second bid request, wherein the second bid response is indicative of a second bid for submission to a second auction associated with the second content delivery opportunity; determining a second result of the second auction; and determining a first bidder profile associated with the first bidder based upon the first bid floor and the second bid floor and at least one of the first bid, the second bid, the first result, or the second result, wherein the first bidder profile is usable to determine a bid floor associated with the first bidder -- these claim limitations set forth certain methods of organizing human activity, particularly commercial interactions including advertising, marketing, and sales activities/behaviors.
Further, the limitations of the claims are not indicative of integration into a practical application. Taking the independent claim elements separately, the additional elements of performing the steps via a processor and memory comprising processor-executable instructions that when executed by the processor cause performance of operations -- merely implement the abstract idea on a computer environment. Considered in combination, the steps of Applicant’s method add nothing that is not already present when the steps are considered separately.
The remaining claim limitations recited in dependent claims merely narrow the abstract idea and do not recite further additional elements. Thus, claims 1-20 are directed to an abstract idea.
Regarding the independent claims, the technical elements of performing the steps via a processor and memory comprising processor-executable instructions that when executed by the processor cause performance of operations merely implement the abstract idea on a computer environment. Additionally, the dependent claims do not recite further technical elements.
When considering the elements and combinations of elements, the claim(s) as a whole, do not amount to significantly more than the abstract idea itself. This is because the claims do not amount to an improvement to another technology or technical field; the claims do not amount to an improvement to the functioning of a computer itself; the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment; the claims merely amounts to the application or instructions to apply the abstract idea on a computer; or the claims amounts to nothing more than requiring a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry.
The analysis above applies to all statutory categories of invention. Accordingly, claims 1-20 are rejected as ineligible for patenting under 35 USC 101 based upon the same rationale.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Guermas (US PGP 2017/0330245).
As per claim 1, Guermas teaches [a] method, comprising:
in response to receiving a first content request associated with a first content delivery opportunity, generating a first bid request indicative of a first bid floor; (Guermas: [0028]-[0031] (Beginning with step 502, in the context of delivering webpage content, when a user visits a webpage hosted, for example, by CDS 10, the user device 200 sends a corresponding webpage request to the CDS 10. In response to receiving the webpage request, in step 504, the webpage code (e.g., HTML, JavaScript or the like) makes an ad call to fill an impression associated with the requested webpage. . . . In step 508, the advertising management platform 100 performs auction optimization—namely, determining whether an auction should be held and, if so, which of the potential impression provider systems 300 will be permitted to participate in the auction for the impression and thus receive a bid request.); [0044]-[0048] (In step 514, once the platform 100 determines which provider systems 300 will receive bid requests, it then performs pricing optimization—namely, determining the floor or reserve price for each of such competitive bidders 300.))
transmitting the first bid request to a first bidder; (Guermas: [0048]-[0049] (Once the floor estimation engine 110 and the targeting engine 130 have completed running their respective models 112, 132 for each of the potential impression providers 300, in step 516, the platform 100 generates and issues the bid requests to the subset of selected bidders 300.))
receiving, from the first bidder, a first bid response responsive to the first bid request, wherein the first bid response is indicative of a first bid for submission to a first auction associated with the first content delivery opportunity; (Guermas: [0048]-[0049] (The bid responses preferably include a price as well as information regarding the ad (creative), and are preferably compatible with the Open RTB 2.3 specification, as set forth at www.iab.com/guidlines/real-time-bidding-rtb-project (as may be updated or replaced). Bid requests may also include bidder-specific extensions, such as “recommended price,” the recommended price to win the impression, or “screen resolution.” The extensions can allow for custom parameters that the seller wants to send to the buyer to improve efficiency. In generating the bid responses, the participant bidders 300 may utilize their own or third party data sources 400, which may provide further information on the user/user device 200 and/or impression.); [0008] (Bid responses are received from at least a portion of the subset of potential impression providers in response to the bid requests ); [0063])
determining a first result of the first auction; (Guermas: [0051] (In step 522, the bidding engine of advertising management platform 100 reviews the tendered bids and determines the “winning” bid. Such determination may be based on the highest price bid, subject to ad quality or other rules manually established by the publisher and effected by the platform 100, such as whether the user device 200 permits or is compatible with the type of media contained in the ad proposed to be served by the bid.))
in response to receiving a second content request associated with a second content delivery opportunity, generating a second bid request indicative of a second bid floor different than the first bid floor; (Guermas: [0028]-[0031] (Beginning with step 502, in the context of delivering webpage content, when a user visits a webpage hosted, for example, by CDS 10, the user device 200 sends a corresponding webpage request to the CDS 10. In response to receiving the webpage request, in step 504, the webpage code (e.g., HTML, JavaScript or the like) makes an ad call to fill an impression associated with the requested webpage. . . . In step 508, the advertising management platform 100 performs auction optimization—namely, determining whether an auction should be held and, if so, which of the potential impression provider systems 300 will be permitted to participate in the auction for the impression and thus receive a bid request.); [0044]-[0048] (In step 514, once the platform 100 determines which provider systems 300 will receive bid requests, it then performs pricing optimization—namely, determining the floor or reserve price for each of such competitive bidders 300.); [0052] (In an optional step 523, the system 100 may cause the winning bid from step 522 to be submitted as a floor or reserve in a secondary auction, thereby allowing various bidders a “last look” to decide if they want the impression at a higher price. Such a secondary auction may include, for example, all or some of the same bidders and/or allow new bidders. For example, the initial ad call may indicate that a secondary auction should be performed. Or, the web page content may include instructions causing the browser of the user device 200 to initiate the secondary auction.); [0083] (auctions are performed in parallel. Hence, although the above loops are described as being serial in their execution, in practice these loops can be “unwound” to execute asynchronously); Fig. 6; [0077] (iterative process))
transmitting the second bid request to the first bidder; (Guermas: [0048] (Once the floor estimation engine 110 and the targeting engine 130 have completed running their respective models 112, 132 for each of the potential impression providers 300, in step 516, the platform 100 generates and issues the bid requests to the subset of selected bidders 300.); [0052]; [0083]; Fig. 6; [0077])
receiving, from the first bidder, a second bid response responsive to the second bid request, wherein the second bid response is indicative of a second bid for submission to a second auction associated with the second content delivery opportunity; (Guermas: [0048]-[0049] (The bid responses preferably include a price as well as information regarding the ad (creative), and are preferably compatible with the Open RTB 2.3 specification, as set forth at www.iab.com/guidlines/real-time-bidding-rtb-project (as may be updated or replaced). Bid requests may also include bidder-specific extensions, such as “recommended price,” the recommended price to win the impression, or “screen resolution.” The extensions can allow for custom parameters that the seller wants to send to the buyer to improve efficiency. In generating the bid responses, the participant bidders 300 may utilize their own or third party data sources 400, which may provide further information on the user/user device 200 and/or impression.); [0008] (Bid responses are received from at least a portion of the subset of potential impression providers in response to the bid requests ); [0063]; [0050]-[0052]; [0083]; Fig. 6; [0077])
determining a second result of the second auction; and (Guermas: [0051] (In step 522, the bidding engine of advertising management platform 100 reviews the tendered bids and determines the “winning” bid. Such determination may be based on the highest price bid, subject to ad quality or other rules manually established by the publisher and effected by the platform 100, such as whether the user device 200 permits or is compatible with the type of media contained in the ad proposed to be served by the bid.); [0052]; [0083]; Fig. 6; [0077])
determining a first bidder profile associated with the first bidder based upon the first bid floor and the second bid floor and at least one of the first bid, the second bid, the first result, or the second result, wherein the first bidder profile is usable to determine a bid floor associated with the first bidder. (Guermas: [0048]-[0051] (For example, with specific reference to FIG. 3, the advertising management platform 100 has determined, based upon the behavior model(s) 132, that four advertising network agencies 302, “AdNetwork A” to “AdNetwork D” are likely to submit the highest bids for the impression, and thus proffers respective bid requests to each of these agencies 302. Further, the floor estimation engine 110 has computed respective floor prices (or reserve prices, if an impression provider 300 is a second auction bidder) for each agency 302, with the highest floor being set for “AdNetwork A” at $1.00, and the lowest floor being set for “AdNetwork D” at $0.75. Turning back to FIG. 2, the bidding engine 140 of platform 100 uses the bid responses (in step 520) to update the profile database 120, thus providing a learning or feedback loop, for the platform 100. Hence, when running, the models 112, 132 effected as part of the floor estimation engine 110 and targeting engine 130, respectively, are able to make use of the most recent and up-to-date information available concerning each potential impression provider system 300, thereby avoiding the need to manually update floor and reserve prices.); [0032] (The profile database 120 stores information about each of the potential impression provider systems 300, including, for example, past bidding history.); [0065]; [0068];[0074])
As per claim 2, Guermas teaches comprising:
receiving a third content request associated with a third content delivery opportunity; Guermas: [0028]-[0031] (Beginning with step 502, in the context of delivering webpage content, when a user visits a webpage hosted, for example, by CDS 10, the user device 200 sends a corresponding webpage request to the CDS 10. In response to receiving the webpage request, in step 504, the webpage code (e.g., HTML, JavaScript or the like) makes an ad call to fill an impression associated with the requested webpage. . . . In step 508, the advertising management platform 100 performs auction optimization—namely, determining whether an auction should be held and, if so, which of the potential impression provider systems 300 will be permitted to participate in the auction for the impression and thus receive a bid request.); [0044]-[0048]; [0083] (auctions are performed in parallel. Hence, although the above loops are described as being serial in their execution, in practice these loops can be “unwound” to execute asynchronously); Fig. 6; [0077] (iterative process))
determining a third bid floor, different than at least one of the first bid floor or the second bid floor, based upon the first bidder profile; and (Guermas: [0044]-[0048] (In step 514, once the platform 100 determines which provider systems 300 will receive bid requests, it then performs pricing optimization—namely, determining the floor or reserve price for each of such competitive bidders 300.); [0052] (In an optional step 523, the system 100 may cause the winning bid from step 522 to be submitted as a floor or reserve in a secondary auction, thereby allowing various bidders a “last look” to decide if they want the impression at a higher price. Such a secondary auction may include, for example, all or some of the same bidders and/or allow new bidders. For example, the initial ad call may indicate that a secondary auction should be performed. Or, the web page content may include instructions causing the browser of the user device 200 to initiate the secondary auction.); [0048]-[0051] (For example, with specific reference to FIG. 3, the advertising management platform 100 has determined, based upon the behavior model(s) 132, that four advertising network agencies 302, “AdNetwork A” to “AdNetwork D” are likely to submit the highest bids for the impression, and thus proffers respective bid requests to each of these agencies 302. Further, the floor estimation engine 110 has computed respective floor prices (or reserve prices, if an impression provider 300 is a second auction bidder) for each agency 302, with the highest floor being set for “AdNetwork A” at $1.00, and the lowest floor being set for “AdNetwork D” at $0.75. Turning back to FIG. 2, the bidding engine 140 of platform 100 uses the bid responses (in step 520) to update the profile database 120, thus providing a learning or feedback loop, for the platform 100. Hence, when running, the models 112, 132 effected as part of the floor estimation engine 110 and targeting engine 130, respectively, are able to make use of the most recent and up-to-date information available concerning each potential impression provider system 300, thereby avoiding the need to manually update floor and reserve prices.); [0032]; [0083] (auctions are performed in parallel. Hence, although the above loops are described as being serial in their execution, in practice these loops can be “unwound” to execute asynchronously); Fig. 6; [0077] (iterative process))
transmitting a third bid request, indicative of the third bid floor, to the first bidder. (Guermas: [0048]-[0049] (Once the floor estimation engine 110 and the targeting engine 130 have completed running their respective models 112, 132 for each of the potential impression providers 300, in step 516, the platform 100 generates and issues the bid requests to the subset of selected bidders 300.))
As per claim 3, Guermas teaches wherein:
the first bidder profile comprises:
a first bid floor value associated with a first set of features; and (Guermas: [0044]-[0049])
a second bid floor value associated with a second set of features; and (Guermas: [0044]-[0049])
determining the third bid floor comprises setting the third bid floor to the first bid floor value in response to determining that a set of features associated with the third content request matches the first set of features. (Guermas: [0044]-[0049])
As per claim 4, Guermas teaches comprising:
receiving content requests associated with a plurality of content delivery opportunities; (Guermas: [0028]-[0031]; Fig. 6; [0071])
assigning a first subset of the plurality of content delivery opportunities to a production bucket associated with the first bidder profile; (Guermas: Fig. 6; [0071]; [0028]-[0031];)
assigning a second subset of the plurality of content delivery opportunities to a training bucket; and (Guermas: Fig. 6; [0071]; [0077]; [0028]-[0031];)
for each content delivery opportunity of the second subset assigned to the training bucket:
accessing a bid floor training profile different than the first bidder profile; (Guermas: [0048]-[0051]; [0032]; [0065]; [0068]; [0074])
determining a bid floor based upon the bid floor training profile; (Guermas: [0048]-[0051]; [0032]; [0065]; [0068]; [0074])
transmitting a bid request, to the first bidder, indicative of the bid floor; (Guermas: [0048]-[0049])
receiving, from the first bidder, a bid response responsive to the bid request, wherein the bid response is indicative of a bid for submission to an auction associated with the content delivery opportunity; and (Guermas: [0048]-[0049]; [0008]; [0063])
determining a result of the auction. (Guermas: [0051])
As per claim 5, Guermas teaches wherein:
assigning the first subset to the production bucket is performed according a first predefined share, of the plurality of content delivery opportunities, to assign to the production bucket; and (Guermas: Fig. 6; [0071]-[0080])
assigning the second subset to the production bucket is performed according a second predefined share, of the plurality of content delivery opportunities, to assign to the training bucket. (Guermas: Fig. 6; [0071]-[0080])
As per claim 6, Guermas teaches wherein:
determining the third bid floor based upon the first bidder profile is performed in response to the third content delivery opportunity being assigned to the production bucket. (Guermas: Fig. 6; [0071]-[0080]; [0044]-[0049])
As per claim 7, Guermas teaches wherein:
determining the bid floor based upon the bid floor training profile comprises generating a random value within a predefined range using a floor randomization function of the bid floor training profile. (Guermas: Fig. 6; [0071]-[0080]; [0044]-[0049])
As per claim 8, Guermas teaches comprising:
determining a second bidder profile associated with the first bidder based upon:
bid floors determined based upon the bid floor training profile for the second subset of content delivery opportunities; and(Guermas: [0048]-[0051]; [0032]; [0065]; [0068];[0074])
at least one of:
bids received from the first bidder in association with the second subset of content delivery opportunities; or (Guermas: [0048]-[0051]; [0032]; [0065]; [0068];[0074])
results of auctions associated with the second subset of content delivery opportunities. (Guermas: [0048]-[0051]; [0032]; [0065]; [0068];[0074])
As per claim 9, Guermas teaches wherein the second bidder profile is usable to determine a bid floor associated with the first bidder during a second period of time after a first period of time during which (i) the first bidder profile was usable and (ii) the content requests associated with the plurality of content delivery opportunities were received. (Guermas: [0048]-[0051]; [0032]; [0065]; [0068]; Fig. 6; [0071]-[0077])
As per claim 10, Guermas teaches wherein:
in response to receiving the first content request associated with the first content delivery opportunity, generating a third bid request indicative of a third bid floor; (Guermas: [0028]-[0031]; [0044]-[0048]; [0052]; [0083]; Fig. 6; [0077])
transmitting the third bid request to a second bidder; (Guermas: [0048]; [0052]; [0083]; Fig. 6; [0077])
receiving, from the second bidder, a third bid response responsive to the third bid request, wherein the third bid response is indicative of a third bid for submission to the first auction associated with the first content delivery opportunity; (Guermas: [0044]-[0048]; [0008]; ; [0063]; [0050]-[0052]; [0083]; Fig. 6; [0077])
in response to receiving the second content request associated with the second content delivery opportunity, generating a fourth bid request indicative of a fourth bid floor; (Guermas: [0028]-[0031]; [0044]-[0048]; [0052]; [0083]; Fig. 6; [0077])
transmitting the fourth bid request to the second bidder; (Guermas: [0048]; [0052]; [0083]; Fig. 6; [0077])
receiving, from the second bidder, a fourth bid response responsive to the fourth bid request, wherein the fourth bid response is indicative of a fourth bid for submission to the second auction associated with the second content delivery opportunity; and (Guermas: [0044]-[0048]; [0008]; ; [0063]; [0050]-[0052]; [0083]; Fig. 6; [0077])
determining a second bidder profile associated with the second bidder based upon the third bid floor and the fourth bid floor and at least one of the third bid, the fourth bid, the first result, or the second result, wherein the second bidder profile is usable to determine a bid floor associated with the second bidder. (Guermas: [0048]-[0051]; [0032]; [0065]; [0068];[0074])
As per claim 11, Guermas teaches wherein: the second bidder profile is different than the first bidder profile. (Guermas: [0046]; [0049]-[0052])
As per claim 12, Guermas teaches comprising:
receiving a third content request associated with a third content delivery opportunity; (Guermas: [0028]-[0031]; [0044]-[0048]; [0052]; [0083]; Fig. 6; [0077])
in response to the third content request: (Guermas:
determining a fifth bid floor associated with the first bidder based upon the first bidder profile; (Guermas: [0028]-[0031]; [0044]-[0048]; [0052]; [0083]; Fig. 6; [0077])
transmitting a fifth bid request, indicative of the fifth bid floor, to the first bidder; (Guermas: [0048]; [0052]; [0083]; Fig. 6; [0077])
determining a sixth bid floor associated with the second bidder based upon the second bidder profile, wherein the sixth bid floor is different than the fifth bid floor; and (Guermas: [0028]-[0031]; [0044]-[0048]; [0052]; [0083]; Fig. 6; [0077])
transmitting a sixth bid request, indicative of the sixth bid floor, to the second bidder. (Guermas: [0048]; [0052]; [0083]; Fig. 6; [0077])
As per claim 13, Guermas teaches comprising:
determining a distribution of bids of the first bidder as a function of one or more features comprising a bid floor feature based upon the first bid floor and the second bid floor and at least one of the first bid, the second bid, the first result, or the second result; (Guermas: [0048]-[0051]; [0032]; [0065]; [0068];[0074])
using the distribution of bids to generate an updated bid floor value associated with increased bid values of bid responses from the first bidder; and (Guermas: [0048]-[0051]; [0032]; [0065]; [0068];[0074])
including the updated bid floor value in the first bidder profile. (Guermas: [0048]-[0051]; [0032]; [0065]; [0068];[0074])
As per claims 14-18, these claims are substantially similar to claims 1-5, respectively, and are therefore rejected in the same manner as these claims, as set forth above.
As per claims 19 and 20, these claims are substantially similar to claims 1 and 2, respectively, and are therefore rejected in the same manner as these claims, as set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER V LEE whose telephone number is (571)272-4778. The examiner can normally be reached Monday - Friday 9AM - 5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFFREY A. SMITH can be reached at (571)272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER V LEE/Examiner, Art Unit 3688
/Jeffrey A. Smith/Supervisory Patent Examiner, Art Unit 3688