DETAILED ACTION
Status of the Application
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 30, 2026, has been entered.
In the response, the Applicant amended claims 24, 26, 30, 31, 34, 35, 39, 41, and 43. Claim 27 was cancelled. Claim 44 was added. Claims 1-23, 25, 28, 29, 40, and 42 were previously cancelled. Claims 24, 26, 30-39, 41, 43, and 44 are pending and currently under consideration for patentability.
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 .
Response to Amendments and Arguments
v Applicant’s arguments, with respect to the rejection of claims 24, 26, 30-39, 41, 43, and 44 under 35 U.S.C. 101 have been fully considered and are not persuasive. The rejections of claims 24, 26, 27, 30-39, 41, and 43 under 35 U.S.C. 101 have been maintained accordingly.
Applicant specifically argues that
“The claimed multi-actor approach facilitates interactions between a user device and a third- party online advertisement system while maintaining anonymity of the user during a web browser session using a temporary web tracking token and associated unique user identifier. This does not merely amount to a commercial or legal interaction as alleged in the Office Action. See Office Action, page 11. Moreover, regardless, the claimed process clearly amounts to a practical application of any alleged abstract idea. Thus, the claims are allowable under Step 2A of the Alice/Mayo framework as at least not being directed to any abstract idea. In either event, the claims certainly amount to significantly more than any alleged abstract idea.
Examiner respectfully disagrees with Applicant’s first argument.
The steps of “correlating…”, “…receiving…a request…”, “prior to providing…determining…”, “cause a prompt to be displayed…requesting permission…”, “receiving…a permission selection…”, and “transmitting…the user advertisement preference”, under a broadest reasonable interpretation, describe or set-forth controlling access to user advertisement preference information by receiving a request using a unique user identifier, requesting and receiving user permission to share certain preference information with an advertising system, and providing user preference information in accordance with the user permission(s), which amounts to a commercial or legal interactions (specifically, an advertising, marketing or sales activity or behavior). These limitations therefore fall within the “certain methods of organizing human activity” subject matter grouping of abstract ideas. That this process is involves data transmitted between computers and via information presented graphical user interfaces and internet-based advertisements serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to the internet and internet-based advertising wherein information is exchanged via devices using computer-executable instructions and graphical user interfaces and on webpages and cookies. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(g)).
Enabling a user to control access to their advertisement preference information and/or sharing such information in a way that also maintains some degree of user anonymity does not amount to a technical improvement and/or an improvement to computer functionality/capabilities, an improvement to a computer-related technology or technological environment, and do not amount to a technology-based solution to a technology-based problem. If anything, such “improvements” amount to subjective improvements to methods of sharing user advertisement preference information (i.e., an improvement to an abstract idea itself).
v Applicant’s arguments, with respect to the rejection of amended claim 24 (as well as each dependent claims 26, 30-38, and 44) under 35 U.S.C. 103 have been considered, but are not persuasive. Applicant argues “the Office Action relies on Livshits as allegedly teaching at least some of these limitations. See Office Action, page 32 - 35. Livshits relates generally to a privacy conscious personalization system in which a user is explicitly prompted to approve or deny the release of personal information to an advertiser or other third party provider before any such data is transmitted. Livshits states, "[m]echanisms are provided for controlling acquisition and release of private information, for example from within a web browser." See Livshits, paragraph [0007]. As described in Livshits, the privacy-conscious personalization system of Livshits, is configured to operate on the client device accessed by the user. Thus, Livshits does not disclose, "in response to receiving the request from the online advertisement system determining the user device associated with the user associated with the correlated unique user identifier, and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the client user device associated with the user associated with the unique user identifier, requesting permission to provide the at least one user advertisement preference to the online advertisement system and transmitting, by the user advertisement preference system, the at least one user advertisement preferences to the online advertisement system without the stored association in response to the permission selection," (emphasis added) as recited in independent claim 24.”
Examiner respectfully disagrees with Applicant’s argument. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Weerasinghe discloses determining the user device associated with the user associated with the correlated unique user identifier, and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference to the online advertisement system ([0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…” – therefore a GUI with a form and check boxes (i.e., a prompt - requesting permission to provide the user advertisement preference to the online advertisement system, see also [0060]) is caused to be displayed to the client device associated with the user associated with the unique user identifier prior to the user advertisement preference system providing the at least one user advertisement preference associated with the user account to the online advertisement system – the system necessarily determines the client device as this is necessary to display the template in the GUI on the users device, - causing the prompt to be displayed similarly “computer-executable instructions configured to automatically cause a prompt to be displayed on an interface of the client device requesting permission to provide the user advertisement preference to the online advertisement system”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, Fig 5). Weerasinghe also suggests that the profile data sharing preferences may be updated at any time ([0035] “ In one embodiment, the anonymous user profile, once created, may be available for updating by the user at any time to reflect the user's current interests, to change settings so as to reveal more or less of the anonymous user profile, and to make other changes”) and further suggest that user’s may want to choose to reveal more or less information “based on each time an anonymous profile is shared” in order to receive additional compensation ([0064]). However, although Weerasinghe discloses determining the user device associated with the user (e.g., in order to provide the prompt interface), providing the prompt interface (i.e., automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device) and suggests that the user can update their profile/sharing preferences (e.g., reveal more or less) at any time, Weerasinghe does not appear to explicitly disclose a particular embodiment where the user is prompted in response to receiving the request for the at least one user advertisement preferences (i.e., when the advertisement system sends a request for the at least one user advertisement preference associated with the correlated unique user identifier in response to the user navigating to the website).
However, Livshits discloses prompting the user to requesting permission to provide the at least one advertisement preference to the online advertisement system in response to receiving a request for the at least one user advertisement preferences (i.e., when a request for the at least one user advertisement preference is provided in response to the user navigating to the website). (See Fig 4, Fig 5, Fig 8 tags 820 & 830 & 840, Fig 11 tags 1130 & 1140 & 1150 & 1160, [0030] “user permission or consent may be required prior to distributing user information to enable the user to control what information is distributed and to whom”, [0030] “corresponding to a merchant website…can subsequently transmit information to…corresponding content provider component…user permission or consent may be required prior to distributing user information to enable the user to control what information is distributed and to whom”, [0033] “can occur with respect to multiple advertisement networks that offer advertisements to show to a user within a webpage”, [0069] “client 410 can correspond to a user computer…web browser, and the server 420 can correspond to a remote digital content provider service (e.g., website)…”, [0082] “the site could query for specific interest levels on sub-topics, to prioritize stories that best match the user. As the site attempts to provide this functionality, a user should be able to decline requests for personal information”, [0053]-[0054] “the user control component 350 is configured to control access to private information based on user permission. First-party provider component 360 and third-party provider component 370 can seek to interact with the personal store 120 or add extension components 340 through the user control component 350 that can regulate interaction as a function of permission of a user….The third-party provider component 370 can be a digital content/service provider that seeks user information for content personalization. Accordingly, a request for information can be submitted to the user control component 350, which in response can provide private information to the third-party provider component 370. Regardless of provider, the user control component 350 can be configured to regulate access by requesting permission from a user with respect to particular actions…a user can grant permission with respect to dissemination of private information to the third-party provider component 370 for personalization. In one embodiment, permission is granted explicitly for particular actions. For instance, a user can be prompted to approve or deny dissemination of specific information such as particular interests (e.g., science, technology, and outdoors) to the third-party provider. Additionally or alternatively, a user can grant permission to disseminate different information that reveals less about the user (e.g., biology interest rather than stem cell research interest). With respect to extension components 340, permission can be granted or denied based on capabilities, for example. As a result, the user can ensure that personal data is not leaked to third parties without explicit consent from the user and the integrity of the system is not compromised by extension components” – therefore discloses automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of a client device associated with the user, requesting permission to provide the user advertisement preference to the online advertisement system in response to receiving the request from the online advertisement system and prior to providing the at least one user advertisement preference to the online advertisement system, [0070] “ a user can have explicit control over the information that is passed from a browser to a third-party website, for example. Additionally, the user-driven declassification process can be intuitive and easy to understand. For example, when a user is prompted with a request for private information, it should be clear what information is at stake and what measures a user needs to take to either allow or disallow the dissemination”, [0036]-[0037] “the user agent component 110 generally manages distribution of user information to various entities including content providers and other users. Distribution can take substantially any form….prompted for such information every time the user visits another store. The user agent component 110 can also be deployed in various locations. By way of example, the user agent component 110 can form part of a web browser. Alternatively, the user agent component 110 can be deployed on a network….In yet another instance, the user agent component 110 can be deployed on a computer, where information mining is performed based on behavior with respect to the entire computer rather than a portion thereof such as a web browser”, see also [0025] & [0028] (where third-party requesting preference data may be an ad network) & [0051]-[0052] & [0071]-[0076]).
Modifying Weerasinghe with the teaching of Livshits (i.e. prompting the user to requesting permission to provide the at least one advertisement preference to the online advertisement system in response to receiving a request for the at least one user advertisement preferences – and therefore where the user is prompted via their user device in response to receiving this request) would similarly involve what was already taught by Weerasinghe when prompting the user such as where the system determines the user device in response to the received request to cause the prompt requesting permission to provide the at least one user advertisement preference to be displayed on an interface of the user device.
Livshits suggests it is advantageous to include automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference in response to receiving the request for the at least one user advertisement preference and prior to providing the at least one user advertisement preference, because doing so can enable the user to configure their ad preference sharing permissions on the fly in real-time ([0007]-[0008] & [0025]-[0026] & [0030] & [0039] & [0070]-[0076]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe to include automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference in response to receiving the request for the at least one user advertisement preference and prior to providing the at least one user advertisement preference, as taught by Livshits, because doing so can enable the user to configure their ad preference sharing permissions on the fly in real-time 2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment.
As discussed by both Weerasinghe and Livshits, prompting a user associated with the unique user identifier requesting permission to provide the user advertisement preference to an online advertisement system is a key factor in the success of privacy-enhanced and user-controlled advertising preferences. As discussed by both Weerasinghe and Livshits, a user may be prompted before an online advertisement system requests user preference data. Furthermore, as discussed by Livshits, a user may alternatively (or additionally) be prompted in response to receiving the request for the at least one user advertisement preference. This practice is well known in the business community and would follow in Weerasinghe. Therefore, it would have been obvious to try, by one of ordinary skill in the art at the time of the invention, to include determining the user device associated with the user associated with the correlated unique user identifier, and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference to the online advertisement system in response to receiving the request for the at least one user advertisement preference, and to incorporate it into the method of Weerasinghe since there are a finite number of identified, predictable potential solutions (i.e., times to prompt the user) to the recognized need (prompt the user) and one of ordinary skill in the art would have pursued the known potential solutions with a reasonable expectation of success (the costs and benefits of each of the different times was known at the effective filing date of the claimed invention).
v Applicant’s arguments, with respect to the rejection of amended claim 39 (as well as each dependent claims 41 and 43) under 35 U.S.C. 102(a)(2) have been considered, but are moot in view of a new grounds of rejection. Although the claims are no longer anticipated by Weerasinghe, the amended claims are unpatentable over the combination of Weerasinghe in view of Livshits as discussed above with respect to Applicant’s arguments regarding claim 24.
Claim Interpretation
Under the broadest reasonable interpretation, the terms of the claim are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. In this case, the “user advertisement preference” is required to “relate to one or more preferences with respect to receiving online advertisements”. As such, a user advertisement preference is understood to be some preference of the user that relates in some way to one or more preferences with respect to receiving online advertisements. For example, an indication to share certain information (e.g., demographic information, topics/subjects of interest) from a user profile with an advertiser to enable the user to use this information to select/target an advertisement for the user would be an example of a user advertisement preference because this indication/preference relates to one or more preferences with respect to receiving online advertisements.
The feature of “wherein the user advertisement preference system comprises a plurality of user advertisement preferences associated with the correlated unique user identifier including the at least one user advertisement preference” merits no patentable weight. The claims are all methods claims. The description of the user advertisement preference system as “compris(ing) a plurality of user advertisement preferences associated with the correlated unique user identifier including the at least one user advertisement preference” fails to set forth a step of the claimed method. Furthermore, this description is not functionally interrelated with any of the steps of the claimed method(s) (e.g., whether or not the user advertisement preference system comprises a plurality of user advertisement preferences associated with the correlated unique user identifier including the at least one user advertisement preference has no effect on the how the method step of “in response to receiving the request from the online advertisement system and prior to providing the at least one user advertisement preference associated with the correlated unique user identifier to the online advertisement system, determining…and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device associated, requesting permission to provide the at least one user advertisement preference to the online advertisement system” is performed, or any of the other steps for that matter.) The step of “in response to receiving the request from the online advertisement system and prior to providing the at least one user advertisement preference associated with the correlated unique user identifier to the online advertisement system, determining…and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device associated, requesting permission to provide the at least one user advertisement preference to the online advertisement system” would be performed in the same way regardless of (i.e., in no way depend on) whether or not the user advertisement preference system comprises a plurality of user advertisement preferences associated with the correlated unique user identifier including the at least one user advertisement preference. This descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Ngai, 70 USPQ2d 1862 (CAFC 2004); In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
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.
v Claim(s) 24, 26, 30-39, 41, 43, and 44 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1:
Claim(s) 24, 26, 30-39, 41, 43, and 44 is/are drawn to methods (i.e., a process). As such, claims 24, 26, 30-39, 41, 43, and 44 is/are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Claim 24 (representative of independent claim(s) 39) recites/describes the following steps;
Correlating a correlated unique user identifier
receiving, by a user advertisement preference system, a request from an advertisement system for at least one user advertisement preference associated with the correlated unique user identifier, wherein the user advertisement preference system comprises a stored association between the correlated unique user identifier and a user account
in response to receiving the request from the advertisement system and prior to providing the at least one user advertisement preference associated with the correlated unique user identifier to the advertisement system, determine…the user associated with the correlated unique user identifier, automatically cause a prompt to be displayed…(to) the user requesting permission to provide the at least one user advertisement preference to the advertisement system, wherein the user advertisement preference system comprises a plurality of user advertisement preferences associated with the correlated unique user identifier including the at least one user advertisement preference, wherein the at least one user advertisement preference associated with the prompt relates to one or more preferences with respect to receiving online advertisements;
receiving, from the user associated with the correlated unique user identifier, a permission selection configured to cause the user advertisement preference system to provide the at least one user advertisement preference to the advertisement system
transmitting, by the user advertisement preference system, the at least one user advertisement preference to the advertisement system without the stored association in response to the permission selection
These steps, under its broadest reasonable interpretation, describe or set-forth a process for controlling/coordinating access to user advertisement preference information by receiving a request using a unique user identifier, requesting and receiving user permission to share certain preference information with an advertising system, and providing user preference information in accordance with the user permission(s), which amounts to a commercial or legal interactions (specifically, an advertising, marketing or sales activity or behavior). These limitations therefore fall within the “certain methods of organizing human activity” subject matter grouping of abstract ideas.
As such, the Examiner concludes that claim 24 recites an abstract idea (Step 2A – Prong One: YES).
Independent claim(s) 39 recite/describe nearly identical steps (and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis.
Each of the depending claims likewise recite/describe these steps (by incorporation - and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis. Any element(s) recited in a dependent claim that are not specifically identified/addressed by the Examiner under step 2A (prong two) or step 2B of this analysis shall be understood to be an additional part of the abstract idea recited by that particular claim.
Step 2A - Prong Two:
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “addition element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The claim(s) recite the additional elements/limitations of
“with a temporary web tracking token; transmitting the temporary web tracking token to a user device, wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website” (claim 24)
“in response to a user navigating to the website via a web browser on the user device… from an online advertisement system…determining the user device associated with the user…computer-executable instructions configured to…on an interface of the user device…the online advertisement system…at the interface…” (claim 24)
“receiving, at a user device, a temporary web tracking token from a user advertisement preference system, wherein the temporary web tracking token is correlated with a correlated unique user identifier, and wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website” (claim 39)
“at a user device…in response to a user navigating to a website via a web browser on the user device…by the user device, a web page including an online advertisement request from an online advertisement system … determining the user device associated with the user…computer-executable instructions configured to…on an interface of the user device…at the interface… an online advertisement” (claim 39)
“wherein the temporary web tracking token is a a web browser cookie” (claim 26)
“receiving a web browser cookie…wherein in an instance in which the web browser cookie is provided by the user device to the website, the correlated unique user identifier is accessible by the website” (claim 41)
“via signals received from the user device” (claims 30, 34, and 36)
“based at least in part on signals received from the user device…to the online advertisement system…computer readable instructions to cause the online advertisement system…” (claim 31)
“via signals received from the user device…one the user device” (claim 32)
“on the user device” (claims 33 and 37)
“to one or more online advertisement systems” (claims 35 and 44)
“the user device with a plugin configured to communicate with the online advertisement system” (claim 38)
“at a graphical user interface on the user device… at the graphical user interface on the user device…” (claim 43)
The recited additional element(s) of “in response to a user navigating to the website via a web browser on the user device… from an online advertisement system…determining the user device associated with the user…computer-executable instructions configured to…on an interface of the user device…the online advertisement system…at the interface…” (claim 24) and “with a temporary web tracking token; transmitting the temporary web tracking token to a user device, wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website” (claim 24) or “at a user device…in response to a user navigating to a website via a web browser on the user device…by the user device, a web page including an online advertisement request from an online advertisement system … determining the user device associated with the user…computer-executable instructions configured to…on an interface of the user device…at the interface… an online advertisement” (claim 39) and “receiving, at a user device, a temporary web tracking token from a user advertisement preference system, wherein the temporary web tracking token is correlated with a correlated unique user identifier, and wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website” (claim 39) and/or “correlating the unique user identifier with a web browser cookie” (claims 26 and 41) and/or “wherein the temporary web tracking token is a web browser cookie” (claim 26) and/or “receiving a web browser cookie…wherein in an instance in which the web browser cookie is provided by the user device to the website, the correlated unique user identifier is accessible by the website” (claim 41) and/or “transmitting the web browser cookie to the user device” (claims 27 and 41) and/or “via signals received from the user device” (claims 30, 34, and 36) and/or “based at least in part on signals received from the user device…to the online advertisement system…computer readable instructions to cause the online advertisement system…” (claim 31) and/or “via signals received from the user device…one the user device” (claim 32) and/or “on the user device” (claims 33 and 37) and/or “to one or more online advertisement systems” (claims 35 and 44) and/or “the user device with a plugin configured to communicate with the online advertisement system” (claim 38) and/or “at a graphical user interface on the user device… at the graphical user interface on the user device…” (claim 43) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to the internet and internet-based advertising wherein information is exchanged via devices using computer-executable instructions and presented via graphical user interfaces and via webpages and use of conventional internet cookies. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(g)).
Furthermore, although the claims recite a specific sequence of computer-implemented functions, and although the specification suggests certain functions may be advantageous for various reasons (e.g., business reasons), the Examiner has determined that the ordered combination of claim elements (i.e., the claims as a whole) are not directed to an improvement to computer functionality/capabilities, an improvement to a computer-related technology or technological environment, and do not amount to a technology-based solution to a technology-based problem.
With respect to the dependent claims - each of the limitations/elements recited in these dependent claims other than those identified as being “additional” elements above (at the beginning of the Prong One analysis), are further part of the abstract idea encompassed by each respective dependent claim (i.e. it should be understood that these limitations are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B:
In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an "inventive concept." An "inventive concept" is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself. Alice Corp., 134 S. Ct. at 2355, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966)
As discussed above in “Step 2A – Prong 2”, the recited additional element(s) of “in response to a user navigating to the website via a web browser on the user device… from an online advertisement system…determining the user device associated with the user…computer-executable instructions configured to…on an interface of the user device…the online advertisement system…at the interface…” (claim 24) and “with a temporary web tracking token; transmitting the temporary web tracking token to a user device, wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website” (claim 24) or “at a user device…in response to a user navigating to a website via a web browser on the user device…by the user device, a web page including an online advertisement request from an online advertisement system … determining the user device associated with the user…computer-executable instructions configured to…on an interface of the user device…at the interface… an online advertisement” (claim 39) and “receiving, at a user device, a temporary web tracking token from a user advertisement preference system, wherein the temporary web tracking token is correlated with a correlated unique user identifier, and wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website” (claim 39) and/or “correlating the unique user identifier with a web browser cookie” (claims 26 and 41) and/or “wherein the temporary web tracking token is a web browser cookie” (claim 26) and/or “receiving a web browser cookie…wherein in an instance in which the web browser cookie is provided by the user device to the website, the correlated unique user identifier is accessible by the website” (claim 41) and/or “transmitting the web browser cookie to the user device” (claims 27 and 41) and/or “via signals received from the user device” (claims 30, 34, and 36) and/or “based at least in part on signals received from the user device…to the online advertisement system…computer readable instructions to cause the online advertisement system…” (claim 31) and/or “via signals received from the user device…one the user device” (claim 32) and/or “on the user device” (claims 33 and 37) and/or “to one or more online advertisement systems” (claims 35 and 44) and/or “the user device with a plugin configured to communicate with the online advertisement system” (claim 38) and/or “at a graphical user interface on the user device… at the graphical user interface on the user device…” (claim 43) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. These limitations therefore do not qualify as “significantly more” (see MPEP 2106.05(g)).
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus generally link the abstract idea to a particular technological environment or field of use.
With respect to the dependent claims - each of the limitations/elements recited in these dependent claims other than those identified as being “additional” elements above (at the beginning of the Prong One analysis), are further part of the abstract idea encompassed by each respective dependent claim (i.e. it should be understood that these limitations are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Examiner recommends amending each of the independent claims to include a combination of the features of claim 38, along with details of how the plug-in is used by the user advertisement preference system to obtain the user advertisement preference from the web browser and prompt interface. Examiner believes that doing so could help overcome the rejection.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
v Claims 24, 26, 30, 31, 34, 35, and 37, 39, 41, and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Weerasinghe (U.S. PG Pub No. 2013/0124628, May 16, 2013 - hereinafter "Weerasinghe”) in view of Livshits (U.S. PG Pub No. 2012/0323794 December 20, 2012, December 20, 2012 - hereinafter "Livshits”)
With respect to claim 24, Weerasinghe teaches an anonymized advertisement delivery method ([0035]) comprising;
correlating a correlated unique user identifier with a temporary web tracking token; transmitting the temporary web tracking token to a user device, ([0036]-[0038] “may associate the anonymous user identifier with the anonymous user profile created at step 210. The association may be stored in a database (e.g., along with the anonymous user profile, or in a separate database). In one embodiment, the anonymous user identifier is provided to the user's device in the form of a profile-ID cookie, or simply a "cookie…A cookie is a small piece of information, often no more than a short session identifier…stored in a user computer…the profile-ID cookie is made available by a browser of a user device…the cookie only includes the anonymous user identifier” – a cookie is a temporary web tracking token and it is provided by the social network (user advertisement preference system) and it is correlated with the anonymous user identifier (correlated unique user identifier), [0040] “the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…via web browser of the user device during a web browsing session…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server”, [0024] “the user is provided with an anonymous user identifier by the social network…”, [0033] provided by the social network (user advertisement preference system))
wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website ([0036]-[0037] “cookie…browser returns a copy of the cookie to the server…during subsequent visits to the…web site, the user’s browser transmits the cookie so that the web site can tailor ads…profile-ID cookie is made available by a browser of a user device to visits web sites…the cookie only includes the anonymous user identifier” – therefore the web browser cookie configured to be provided from the client device to at least one online advertisement-provider system, [0040] “the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…via web browser of the user device during a web browsing session…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server”, [0047])
in response to a user navigating to the website via a web browser on the user device, receiving, by a user advertisement preference system, a request from an online advertisement system for at least one user advertisement preference associated with the correlated unique user identifier, ([0020] “receives a request…to supply the anonymous user profile data…the request may originate from…advertising agents/servers”, [0040] “receives a request from a third party with the anonymous user identifier…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server. The advertising server, in turn, may forward the anonymous user identifier to a social network storing anonymous user profiles…receives the request…for the anonymous use profile”, [0024] “third parties, such as…advertising servers while web browsing… forwards the anonymous user profile identifier to the social network requesting the associated anonymous user profile, [0047]-[0048], [0036]-[0037] “cookie…browser returns a copy of the cookie to the server…during subsequent visits to the…web site, the user’s browser transmits the cookie so that the web site can tailor ads…profile-ID cookie is made available by a browser of a user device to visits web sites…the cookie only includes the anonymous user identifier”)
wherein the user advertisement preference system comprises a stored association between the correlated unique user identifier and a user account ([0024] “the user is provided with an anonymous user identifier by the social network…the social network store the anonymous user profile along with the associated identifier in a database residing on a server”, [0036]-[0038] “provides an anonymous user identifier to a device of the user…may associate the anonymous user identifier with the anonymous user profile created…that number identifies the customer’s profile…anonymous user identifier…may take the form of an assigned number, a set of alphanumeric digits…”, [0018] “personally identifiable data…is not shared”, [0050] “may indicate in the anonymous user profile that he or she is receptive to receiving targeted advertising/content pertaining to “the Caribbean”…”, see also Fig 5 “keywords that you would like to receive ads on…keywords that you would not like to receive ads on” & [0018] “providing a form with check boxes for the user to select” which are also possible ad preferences )
prior to providing the at least one user advertisement preference associated with the correlated unique user identifier to the online advertisement system, determining the user device associated with the user associated with the correlated unique user identifier, and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference to the online advertisement system; ([0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…” – therefore a GUI with a form and check boxes (i.e., a prompt - requesting permission to provide the user advertisement preference to the online advertisement system, see also [0060]) is caused to be displayed to the client device associated with the user associated with the unique user identifier prior to the user advertisement preference system providing the at least one user advertisement preference associated with the user account to the online advertisement system – the system necessarily determines the client device as this is necessary to display the template in the GUI on the users device, - causing the prompt to be displayed similarly “computer-executable instructions configured to automatically cause a prompt to be displayed on an interface of the client device requesting permission to provide the user advertisement preference to the online advertisement system”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, Fig 5).
wherein the user advertisement preference system comprises a plurality of user advertisement preferences associated with the correlated unique user identifier including the at least one user advertisement preference ([0042] portions of the user’s anonymous user profile can include “age group, male/female status, hobbies…of the user…interests” and this information would be used by a third party (upon authorized release) “in order to provide relevant and targeted advertising or other content” – as such, different selections to permit or deny providing specific portions of this data (e.g., age group information or male/female status or hobby/interest information) to 3rd parties (ad servers) so that they can use this information to target/select advertisements for the user means the advertisement preference system comprises (e.g., in the user’s anonymous profile) a plurality of user advertisement preferences associated with the unique user identifier including the user advertisement preference (this is consistent with Applicant’s own disclosure at [0074] and Fig 11 where plurality of user advertisement preferences may be different “product categories the web browser user likes”) , see also [0050] “anonymous user profile data…interests or demographic information of the user listed in the anonymous user profile…the user may indicate…that he or she is receptive to receiving targeted advertising/content pertaining to "the Caribbean" – plural interests, [0060] “the user may provide topics of interest…the user may also specify topics for which the user explicitly does not want to receive related content (e.g., a blacklist, field 4)”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, see also Fig 5 which discloses prompt interface and where user advertisement preference(s) include plural of keywords of interest and of disinterest (i.e., plurality of user advertisement preferences associated with the unique user identifier including the user advertisement preference) – Examiner notes this limitation merits no patentable weight, as discussed above in the “Claim Interpretation” section of this Action.
wherein the at least one user advertisement preference associated with the prompt relates to one or more preferences with respect to receiving online advertisements ([0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…” – therefore a GUI with a form and check boxes (i.e., a prompt) is caused to be displayed to the user associated with the unique user identifier prior to the user advertisement preference system providing the at least one user advertisement preference associated with the user account to the online advertisement system, the prompt requesting permission to provide a user advertisement preference (e.g., a portion of their profile such as an interest/hobby for which the user wants advertiser’s to have to select/target advertisement content for the user) to the online advertisement system which is similarly “computer-executable instructions configured to automatically cause a prompt to be displayed on an interface of the user device to the user associated with the unique user identifier, the prompt requesting permission to provide the user advertisement preference to the online advertisement system”, per [0042] portions of the user’s anonymous user profile can include “age group, male/female status, hobbies…of the user…interests” and that this information would be used by a third party (upon authorized release) “in order to provide relevant and targeted advertising or other content” – as such, a selection to permit providing age group information or male/female status or hobby/interest information to 3rd parties (ad servers) so that they can use this information to target/select advertisements for the user is a user advertisement preference that relates to one or more preferences with respect to receiving online advertisements (this is consistent with Applicant’s own disclosure at [0074] where a user advertisement preference may be “which of product categories the web browser user likes”) , see also [0050] “anonymous user profile data…interests or demographic information of the user listed in the anonymous user profile…the user may indicate…that he or she is receptive to receiving targeted advertising/content pertaining to "the Caribbean". Accordingly, the method 300 may determine that targeted content relating to this subject should be provided to the user's device. For instance, advertisements from one or more cruise lines for Caribbean cruises may be displayed on advertising portions of a webpage visited by the user. If at some point the user removes "the Caribbean" from current interests in the anonymous user profile, third parties will no longer see this information when subsequently requesting the anonymous user profile from the social network.”, [0060] “the user may provide topics of interest…the user may also specify topics for which the user explicitly does not want to receive related content (e.g., a blacklist, field 4)”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, see also Fig 5 which discloses prompt interface and where user advertisement preference(s) include keywords of interest or of disinterest).
receiving, from the user associated with the correlated unique user identifier, a permission selection at the interface configured to cause the user advertisement preference system to provide the at least one user advertisement preference to the online advertisement system (Fig 5 “would you be willing to share limited profile data in return for receiving customized ads…if the answer is ‘no’…random ads…what level of profile sharing would you authorize…”, [0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”)
transmitting, by the user advertisement preference system, the at least one user advertisement preference to the online advertisement system without the stored association in response to the permission selection ( [0022] “third parties are permitted to receive only an anonymous user profile and activity data, sufficient for tailored content/advertising. Such data is released by the social network site…according to the anonymous user profile settings”, [0024] “if the third party is authorized…the social network provides the anonymous user profile to the third party” –because the profile comprises the ad preference data this comprises providing the ad preference data associated with the identifier responsive to the request, [0042] “releases the anonymous user profile information to the third party…may not reveal any identifiable personal data about the user…third party will have…information about a user’s profile/interests in order to provide relevant and targeted advertising”, [0049]-[0050] “may indicate in the anonymous user profile that he or she is receptive to receiving targeted advertising/content pertaining to “the Caribbean”…”)
Weerasinghe suggests that the profile data sharing preferences may be updated at any time ([0035] “ In one embodiment, the anonymous user profile, once created, may be available for updating by the user at any time to reflect the user's current interests, to change settings so as to reveal more or less of the anonymous user profile, and to make other changes”) and further suggest that user’s may want to choose to reveal more or less information “based on each time an anonymous profile is shared” in order to receive additional compensation ([0064]). However, although Weerasinghe discloses determining the user device associated with the user (e.g., in order to provide the prompt interface), providing the prompt interface (i.e., automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device) and suggests that the user can update their profile/sharing preferences (e.g., reveal more or less) at any time, Weerasinghe does not appear to explicitly disclose a particular embodiment where the user is prompted in response to receiving the request for the at least one user advertisement preferences (e.g., when the advertisement system sends a request for the at least one user advertisement preference associated with the correlated unique user identifier in response to the user navigating to the website). Weerasinghe does not appear to disclose,
in response to receiving the request for the at least one user advertisement preference automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference
However, Livshits discloses
in response to receiving the request for the at least one user advertisement preference automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference (See Fig 4, Fig 5, Fig 8 tags 820 & 830 & 840, Fig 11 tags 1130 & 1140 & 1150 & 1160, [0030] “user permission or consent may be required prior to distributing user information to enable the user to control what information is distributed and to whom”, [0030] “corresponding to a merchant website…can subsequently transmit information to…corresponding content provider component…user permission or consent may be required prior to distributing user information to enable the user to control what information is distributed and to whom”, [0033] “can occur with respect to multiple advertisement networks that offer advertisements to show to a user within a webpage”, [0069] “client 410 can correspond to a user computer…web browser, and the server 420 can correspond to a remote digital content provider service (e.g., website)…”, [0082] “the site could query for specific interest levels on sub-topics, to prioritize stories that best match the user. As the site attempts to provide this functionality, a user should be able to decline requests for personal information”, [0053]-[0054] “the user control component 350 is configured to control access to private information based on user permission. First-party provider component 360 and third-party provider component 370 can seek to interact with the personal store 120 or add extension components 340 through the user control component 350 that can regulate interaction as a function of permission of a user….The third-party provider component 370 can be a digital content/service provider that seeks user information for content personalization. Accordingly, a request for information can be submitted to the user control component 350, which in response can provide private information to the third-party provider component 370. Regardless of provider, the user control component 350 can be configured to regulate access by requesting permission from a user with respect to particular actions…a user can grant permission with respect to dissemination of private information to the third-party provider component 370 for personalization. In one embodiment, permission is granted explicitly for particular actions. For instance, a user can be prompted to approve or deny dissemination of specific information such as particular interests (e.g., science, technology, and outdoors) to the third-party provider. Additionally or alternatively, a user can grant permission to disseminate different information that reveals less about the user (e.g., biology interest rather than stem cell research interest). With respect to extension components 340, permission can be granted or denied based on capabilities, for example. As a result, the user can ensure that personal data is not leaked to third parties without explicit consent from the user and the integrity of the system is not compromised by extension components” – therefore discloses automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of a client device associated with the user, requesting permission to provide the user advertisement preference to the online advertisement system in response to receiving the request from the online advertisement system and prior to providing the at least one user advertisement preference to the online advertisement system, [0070] “ a user can have explicit control over the information that is passed from a browser to a third-party website, for example. Additionally, the user-driven declassification process can be intuitive and easy to understand. For example, when a user is prompted with a request for private information, it should be clear what information is at stake and what measures a user needs to take to either allow or disallow the dissemination”, [0036]-[0037] “the user agent component 110 generally manages distribution of user information to various entities including content providers and other users. Distribution can take substantially any form….prompted for such information every time the user visits another store. The user agent component 110 can also be deployed in various locations. By way of example, the user agent component 110 can form part of a web browser. Alternatively, the user agent component 110 can be deployed on a network….In yet another instance, the user agent component 110 can be deployed on a computer, where information mining is performed based on behavior with respect to the entire computer rather than a portion thereof such as a web browser”, see also [0025] & [0028] (where third-party requesting preference data may be an ad network) & [0051]-[0052] & [0071]-[0076]).
Livshits suggests it is advantageous to include automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference in response to receiving the request for the at least one user advertisement preference and prior to providing the at least one user advertisement preference, because doing so can enable the user to configure their ad preference sharing permissions on the fly in real-time ([0007]-[0008] & [0025]-[0026] & [0030] & [0039] & [0070]-[0076]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe to include automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference in response to receiving the request for the at least one user advertisement preference and prior to providing the at least one user advertisement preference, as taught by Livshits, because doing so can enable the user to configure their ad preference sharing permissions on the fly in real-time2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment. Modifying Weerasinghe with the teaching of Livshits (i.e. prompting the user to requesting permission to provide the at least one advertisement preference to the online advertisement system in response to receiving a request for the at least one user advertisement preferences – and therefore where the user is prompted via their user device in response to receiving this request) would similarly involve what was already taught by Weerasinghe when prompting the user such as where the system determines the user device in response to the received request to cause the prompt requesting permission to provide the at least one user advertisement preference to be displayed on an interface of the user device.
Furthermore, as discussed by both Weerasinghe and Livshits, prompting a user associated with the unique user identifier requesting permission to provide the user advertisement preference to an online advertisement system is a key factor in the success of privacy-enhanced and user-controlled advertising preferences. As discussed by both Weerasinghe and Livshits, a user may be prompted before an online advertisement system requests user preference data. Furthermore, as discussed by Livshits, a user may alternatively (or additionally) be prompted in response to receiving the request for the at least one user advertisement preference. This practice is well known in the business community and would follow in Weerasinghe. Therefore, it would have been obvious to try, by one of ordinary skill in the art at the time of the invention, to include determining the user device associated with the user associated with the correlated unique user identifier, and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference to the online advertisement system in response to receiving the request for the at least one user advertisement preference, and to incorporate it into the method of Weerasinghe since there are a finite number of identified, predictable potential solutions (i.e., times to prompt the user) to the recognized need (prompt the user) and one of ordinary skill in the art would have pursued the known potential solutions with a reasonable expectation of success (the costs and benefits of each of the different times was known at the effective filing date of the claimed invention).
With respect to claim 26, Weerasinghe teaches the method of claim 24;
wherein the temporary web tracking token is a web browser cookie ([0036]-[0038] “the anonymous user identifier is provided to the user’s device in the form of a…cookie…stored in a user computer…the profile-ID cookie is made available by a browser of a user device…the cookie only includes the anonymous user identifier”, [0024] “the user is provided with an anonymous user identifier by the social network…”)
With respect to claim 30, Weerasinghe teaches the method of claim 24;
further comprising: updating, via signals received from the user device, one or more user advertisement preferences associated with the correlated unique user identifier ([0019] “new feedback feature is added to browsers…providing the ability to click an advertisement and mark it as ‘not interested…this information may be transmitted to a social network server”, [0035] “the anonymous user profile…once created, may be available for updating by the user at any time to reflect the user’s current interests, to change settings…and to make other changes”, [0050] “may indicate in the anonymous user profile that he or she is receptive to receiving targeted advertising/content pertaining to “the Caribbean”…”, see also Fig 5 “keywords that you would like to receive ads on…keywords that you would not like to receive ads on” & [0018] “providing a form with check boxes for the user to select” which are also possible ad preferences )
With respect to claim 31, Weerasinghe teaches the method of claim 30;
further comprising: updating, based at least in part on signals from the user device, a user advertisement preference associated with the correlated unique user identifier indicating a preference to disable targeted advertisements for the user associated with the user device; and (Fig 5 “would you be willing to share limited profile data in return for receiving customized ads…if the answer is ‘no’…random ads” – therefore the user can input a signal indicating a preference to disable targeted advertisements (although they still may receive untargeted advertisements) for the user associated with the device)
providing, to the online advertisement system, the user advertisement preference, wherein the user advertisement preference comprises computer readable instructions to cause the online advertisement system to not transmit targeted advertisements to the user (Fig 5 “would you be willing to share limited profile data in return for receiving customized ads…if the answer is ‘no’…random ads” – the preference indication and surrounding disclosure to not receive targeted ads at all is equivalent to Applicant’s disclosure at Fig 9 and paragraphs [0028]-[0029] and therefore Weerasinghe equivalently teaches/suggests providing, to the online advertisement system, the user advertisement preference, wherein the user advertisement preference comprises computer readable instructions to cause the user advertisement system to not transmit targeted advertisements to the user )
With respect to claim 34, Weerasinghe teaches the method of claim 30;
further comprising: updating, via signals received from the user device, one or more access permissions related to a distribution of the plurality of user advertisement preferences including the at least one user advertisement preference (Fig 5 “would you be willing to share limited profile data in return for receiving customized ads…if the answer is ‘no’…random ads…what level of profile sharing would you authorize…”, [0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”)
With respect to claim 35, Weerasinghe teaches the method of claim 34;
wherein updating, the one or more access permissions further comprises: granting or denying access of the at least one user advertisement preference to one or more online advertisement systems (Fig 5 “would you be willing to share limited profile data in return for receiving customized ads…if the answer is ‘no’…random ads…what level of profile sharing would you authorize…”, [0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”)
With respect to claim 37, Weerasinghe teaches the method of claim 24;
further comprising: authenticating, by the user advertisement preference system, the user on the user device ( [0035] “voluntary anonymous user profile is created…by a user via a user devices…does not reveal any identifiable personal data about the user…registers the anonymous user profile by creating a user ID and password”, [0023] “user registers an anonymous user profile with the social network…separate from a general user profile used within the social network setting itself…includes data pertaining to the user’s interests”, Fig 1 tag 121 and [0030] “one or more user devices”, [0027] “also includes an authentication…system”)
With respect to claim 39, Weerasinghe teaches an anonymized advertisement delivery method comprising;
receiving, at a user device, a temporary web tracking token from a user advertisement preference system, wherein the temporary web tracking token is correlated with a correlated unique user identifier, and ([0036]-[0038] “may associate the anonymous user identifier with the anonymous user profile created at step 210. The association may be stored in a database (e.g., along with the anonymous user profile, or in a separate database). In one embodiment, the anonymous user identifier is provided to the user's device in the form of a profile-ID cookie, or simply a "cookie…A cookie is a small piece of information, often no more than a short session identifier…stored in a user computer…the profile-ID cookie is made available by a browser of a user device…the cookie only includes the anonymous user identifier” – a cookie is a temporary web tracking token and it is provided by the social network (user advertisement preference system) and it is correlated with the anonymous user identifier (correlated unique user identifier), [0040] “the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…via web browser of the user device during a web browsing session…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server”, [0024] “the user is provided with an anonymous user identifier by the social network…”, [0033] provided by the social network (user advertisement preference system))
wherein in an instance in which the temporary web tracking token is provided by the user device to a website, the correlated unique user identifier is accessible by the website ([0036]-[0037] “cookie…browser returns a copy of the cookie to the server…during subsequent visits to the…web site, the user’s browser transmits the cookie so that the web site can tailor ads…profile-ID cookie is made available by a browser of a user device to visits web sites…the cookie only includes the anonymous user identifier” – therefore the web browser cookie configured to be provided from the client device to at least one online advertisement-provider system, [0040] “the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…via web browser of the user device during a web browsing session…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server”, [0047])
in response to a user navigating to the website via a web browser on the user device, receiving, by the user device, a web page including an online advertisement request from an online advertisement system; ([0020] “web sites/pages a user is visiting…receives a request…to supply the anonymous user provide data…request may originate from individual web sites/servers…or advertising agents/servers…search engine, ad-agents..” – therefore the user device navigates to a web site/page via their browser and the user device receives the web page and loading of the web page causes an ad request from an online advertisement system (e.g., the advertising agents/servers), [0024] “user ten provides…to third parties, such as web servers or advertiser servers while web browsing…to provide targeted advertising”, [0029] “one or more advertising servers…web-site…may provide web-pages having advertising portions thereon, wherein the advertising is provided by a third party advertising server…”, see also [0036]-[0041] & [0045]-[0050)]
providing, by the user device, the temporary web tracking token and the correlated unique user identifier ([0036]-[0037] “cookie…browser returns a copy of the cookie to the server…during subsequent visits to the…web site, the user’s browser transmits the cookie so that the web site can tailor ads…profile-ID cookie is made available by a browser of a user device to visits web sites…the cookie only includes the anonymous user identifier” – therefore the web browser cookie configured to be provided from the client device to at least one online advertisement-provider system, [0040] “the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…via web browser of the user device during a web browsing session…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server. The advertising server, in turn, may forward the anonymous user identifier to a social network storing anonymous user profiles…receives the request…for the anonymous use profile””, [0024] “third parties, such as…advertising servers while web browsing… forwards the anonymous user profile identifier to the social network requesting the associated anonymous user profile, [0047]-[0048], [0036]-[0037] “cookie…browser returns a copy of the cookie to the server…during subsequent visits to the…web site, the user’s browser transmits the cookie so that the web site can tailor ads…profile-ID cookie is made available by a browser of a user device to visits web sites…the cookie only includes the anonymous user identifier”)
wherein the user advertisement preference system comprises a stored association between the correlated unique user identifier and a user account ([0024] “the user is provided with an anonymous user identifier by the social network…the social network store the anonymous user profile along with the associated identifier in a database residing on a server”, [0036]-[0038] “provides an anonymous user identifier to a device of the user…may associate the anonymous user identifier with the anonymous user profile created…that number identifies the customer’s profile…anonymous user identifier…may take the form of an assigned number, a set of alphanumeric digits…”, [0018] “personally identifiable data…is not shared”, [0050] “may indicate in the anonymous user profile that he or she is receptive to receiving targeted advertising/content pertaining to “the Caribbean”…”, see also Fig 5 “keywords that you would like to receive ads on…keywords that you would not like to receive ads on” & [0018] “providing a form with check boxes for the user to select” which are also possible ad preferences )
wherein providing the correlated unique user identifier causes the online advertisement system to request from the user advertisement preference system at least one user advertisement preference associated with the correlated unique user identifier ([0020] “receives a request…to supply the anonymous user profile data…the request may originate from…advertising agents/servers”, [0040]-[0041] “receives a request from a third party with the anonymous user identifier…the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server. The advertising server, in turn, may forward the anonymous user identifier to a social network storing anonymous user profiles…receives the request…for the anonymous use profile…determines if the requesting third party is authorized to receive the anonymous user profile data.” – therefore providing the unique user identifier causes the online advertisement system to send the anonymous user identifier to the advertisement preference system as a request from the user advertisement preference system at least one user advertisement preference associated with the unique user identifier (i.e., hobbies/interests, subjects/keywords they are interested or disinterested in receiving ads for), [0024] “third parties, such as…advertising servers while web browsing… forwards the anonymous user profile identifier to the social network requesting the associated anonymous user profile, [0047]-[0048], [0036]-[0037] “cookie…browser returns a copy of the cookie to the server…during subsequent visits to the…web site, the user’s browser transmits the cookie so that the web site can tailor ads…profile-ID cookie is made available by a browser of a user device to visits web sites…the cookie only includes the anonymous user identifier”)
the user advertisement preference system determines the user device associated with the user associated with the correlated unique user identifier, and receiving, by the user device from the user advertisement preference system and prior to the user advertisement preference system providing the at least one user advertisement preference associated with the user account to the online advertisement system, computer-executable instructions configured to automatically cause a prompt to be displayed on an interface of the user device to the user associated with the correlated unique user identifier, the prompt requesting permission to provide the at least one user advertisement preference to the online advertisement system; ([0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…” – therefore a GUI with a form and check boxes (i.e., a prompt) is caused to be displayed to the user associated with the unique user identifier prior to the user advertisement preference system providing the at least one user advertisement preference associated with the user account to the online advertisement system, the prompt requesting permission to provide a user advertisement preference (e.g., a portion of their profile such as an interest/hobby for which the user wants advertiser’s to have to select/target advertisement content for the user) to the online advertisement system - the system necessarily determines the client device as this is necessary to display the template in the GUI on the users device - which is similarly “computer-executable instructions configured to automatically cause a prompt to be displayed on an interface of the user device to the user associated with the unique user identifier, the prompt requesting permission to provide the user advertisement preference to the online advertisement system”, per [0042] portions of the user’s anonymous user profile can include “age group, male/female status, hobbies…of the user…interests” and that this information would be used by a third party (upon authorized release) “in order to provide relevant and targeted advertising or other content” – as such, a selection to permit providing age group information or male/female status or hobby/interest information to 3rd parties (ad servers) so that they can use this information to target/select advertisements for the user is a user advertisement preference that relates to one or more preferences with respect to receiving online advertisements (this is consistent with Applicant’s own disclosure at [0074] where a user advertisement preference may be “which of product categories the web browser user likes”) , see also [0050] “anonymous user profile data…interests or demographic information of the user listed in the anonymous user profile…the user may indicate…that he or she is receptive to receiving targeted advertising/content pertaining to "the Caribbean". Accordingly, the method 300 may determine that targeted content relating to this subject should be provided to the user's device. For instance, advertisements from one or more cruise lines for Caribbean cruises may be displayed on advertising portions of a webpage visited by the user. If at some point the user removes "the Caribbean" from current interests in the anonymous user profile, third parties will no longer see this information when subsequently requesting the anonymous user profile from the social network.”, [0060] “the user may provide topics of interest…the user may also specify topics for which the user explicitly does not want to receive related content (e.g., a blacklist, field 4)”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, see also Fig 5 which discloses prompt interface and where user advertisement preference(s) include keywords of interest or of disinterest ).
wherein the at least one user advertisement preference system comprises a plurality of user advertisement preferences associated with the correlated unique user identifier including the user advertisement preference ([0042] portions of the user’s anonymous user profile can include “age group, male/female status, hobbies…of the user…interests” and this information would be used by a third party (upon authorized release) “in order to provide relevant and targeted advertising or other content” – as such, different selections to permit or deny providing specific portions of this data (e.g., age group information or male/female status or hobby/interest information) to 3rd parties (ad servers) so that they can use this information to target/select advertisements for the user means the advertisement preference system comprises (e.g., in the user’s anonymous profile) a plurality of user advertisement preferences associated with the unique user identifier including the user advertisement preference (this is consistent with Applicant’s own disclosure at [0074] and Fig 11 where plurality of user advertisement preferences may be different “product categories the web browser user likes”) , see also [0050] “anonymous user profile data…interests or demographic information of the user listed in the anonymous user profile…the user may indicate…that he or she is receptive to receiving targeted advertising/content pertaining to "the Caribbean" – plural interests, [0060] “the user may provide topics of interest…the user may also specify topics for which the user explicitly does not want to receive related content (e.g., a blacklist, field 4)”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, see also Fig 5 which discloses prompt interface and where user advertisement preference(s) include plural of keywords of interest and of disinterest (i.e., plurality of user advertisement preferences associated with the unique user identifier including the user advertisement preference) – Examiner notes this limitation merits no patentable weight, as discussed above in the “Claim Interpretation” section of this Action.
wherein the at least one user advertisement preference associated with the prompt relates to one or more preferences with respect to receiving online advertisements ([0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…” – therefore a GUI with a form and check boxes (i.e., a prompt) is caused to be displayed to the user associated with the unique user identifier prior to the user advertisement preference system providing the at least one user advertisement preference associated with the user account to the online advertisement system, the prompt requesting permission to provide a user advertisement preference (e.g., a portion of their profile such as an interest/hobby for which the user wants advertiser’s to have to select/target advertisement content for the user) to the online advertisement system which is similarly “computer-executable instructions configured to automatically cause a prompt to be displayed on an interface of the user device to the user associated with the unique user identifier, the prompt requesting permission to provide the user advertisement preference to the online advertisement system”, per [0042] portions of the user’s anonymous user profile can include “age group, male/female status, hobbies…of the user…interests” and that this information would be used by a third party (upon authorized release) “in order to provide relevant and targeted advertising or other content” – as such, a selection to permit providing age group information or male/female status or hobby/interest information to 3rd parties (ad servers) so that they can use this information to target/select advertisements for the user is a user advertisement preference that relates to one or more preferences with respect to receiving online advertisements (this is consistent with Applicant’s own disclosure at [0074] where a user advertisement preference may be “which of product categories the web browser user likes”) , see also [0050] “anonymous user profile data…interests or demographic information of the user listed in the anonymous user profile…the user may indicate…that he or she is receptive to receiving targeted advertising/content pertaining to "the Caribbean". Accordingly, the method 300 may determine that targeted content relating to this subject should be provided to the user's device. For instance, advertisements from one or more cruise lines for Caribbean cruises may be displayed on advertising portions of a webpage visited by the user. If at some point the user removes "the Caribbean" from current interests in the anonymous user profile, third parties will no longer see this information when subsequently requesting the anonymous user profile from the social network.”, [0060] “the user may provide topics of interest…the user may also specify topics for which the user explicitly does not want to receive related content (e.g., a blacklist, field 4)”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, see also Fig 5 which discloses prompt interface and where user advertisement preference(s) include keywords of interest or of disinterest).
providing, by the user associated with the correlated unique user identifier, a permission selection at the interface configured to cause a user advertisement preference system to provide the at least one user advertisement preference to the online advertisement system (Fig 5 “would you be willing to share limited profile data in return for receiving customized ads…if the answer is ‘no’…random ads…what level of profile sharing would you authorize…”, [0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…”, [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”)
receiving, by the user device, an online advertisement based at least in part on the user advertisement preference associated with the correlated unique user identifier in response to the permission selection (Fig 1 “profile ID….Profile data…targeted advertisements”, Fig 3 tag 340, Fig 4 tag 440 & [0062]-[0063], [0022] &[0024] “third parties are permitted to receive only an anonymous user profile and activity data, sufficient for tailored content/advertising. Such data is released by the social network site…according to the anonymous user profile settings…third party may then use the anonymous user profile to provide targeted advertising…to the user”, [0042] “releases the anonymous user profile information to the third party…may not reveal any identifiable personal data about the user…third party will have…information about a user’s profile/interests in order to provide relevant and targeted advertising”)
Weerasinghe suggests that the profile data sharing preferences may be updated at any time ([0035] “ In one embodiment, the anonymous user profile, once created, may be available for updating by the user at any time to reflect the user's current interests, to change settings so as to reveal more or less of the anonymous user profile, and to make other changes”) and further suggest that user’s may want to choose to reveal more or less information “based on each time an anonymous profile is shared” in order to receive additional compensation ([0064]). However, although Weerasinghe discloses determining the user device associated with the user (e.g., in order to provide the prompt interface), providing the prompt interface (i.e., automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device) and suggests that the user can update their profile/sharing preferences (e.g., reveal more or less) at any time, Weerasinghe does not appear to explicitly disclose a particular embodiment where the user is prompted in response to receiving the request for the at least one user advertisement preferences (e.g., wherein providing the correlated unique user identifier causes user advertisement preference to prompt the user requesting permission to provide the at least one user advertisement preference). Weerasinghe does not appear to disclose,
wherein providing the correlated unique user identifier causes receiving computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference
However, Livshits discloses
in response to receiving the request for the at least one user advertisement preference automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference (See Fig 4, Fig 5, Fig 8 tags 820 & 830 & 840, Fig 11 tags 1130 & 1140 & 1150 & 1160, [0030] “user permission or consent may be required prior to distributing user information to enable the user to control what information is distributed and to whom”, [0030] “corresponding to a merchant website…can subsequently transmit information to…corresponding content provider component…user permission or consent may be required prior to distributing user information to enable the user to control what information is distributed and to whom”, [0033] “can occur with respect to multiple advertisement networks that offer advertisements to show to a user within a webpage”, [0069] “client 410 can correspond to a user computer…web browser, and the server 420 can correspond to a remote digital content provider service (e.g., website)…”, [0082] “the site could query for specific interest levels on sub-topics, to prioritize stories that best match the user. As the site attempts to provide this functionality, a user should be able to decline requests for personal information”, [0053]-[0054] “the user control component 350 is configured to control access to private information based on user permission. First-party provider component 360 and third-party provider component 370 can seek to interact with the personal store 120 or add extension components 340 through the user control component 350 that can regulate interaction as a function of permission of a user….The third-party provider component 370 can be a digital content/service provider that seeks user information for content personalization. Accordingly, a request for information can be submitted to the user control component 350, which in response can provide private information to the third-party provider component 370. Regardless of provider, the user control component 350 can be configured to regulate access by requesting permission from a user with respect to particular actions…a user can grant permission with respect to dissemination of private information to the third-party provider component 370 for personalization. In one embodiment, permission is granted explicitly for particular actions. For instance, a user can be prompted to approve or deny dissemination of specific information such as particular interests (e.g., science, technology, and outdoors) to the third-party provider. Additionally or alternatively, a user can grant permission to disseminate different information that reveals less about the user (e.g., biology interest rather than stem cell research interest). With respect to extension components 340, permission can be granted or denied based on capabilities, for example. As a result, the user can ensure that personal data is not leaked to third parties without explicit consent from the user and the integrity of the system is not compromised by extension components” – therefore discloses automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of a client device associated with the user, requesting permission to provide the user advertisement preference to the online advertisement system in response to receiving the request from the online advertisement system and prior to providing the at least one user advertisement preference to the online advertisement system, [0070] “ a user can have explicit control over the information that is passed from a browser to a third-party website, for example. Additionally, the user-driven declassification process can be intuitive and easy to understand. For example, when a user is prompted with a request for private information, it should be clear what information is at stake and what measures a user needs to take to either allow or disallow the dissemination”, [0036]-[0037] “the user agent component 110 generally manages distribution of user information to various entities including content providers and other users. Distribution can take substantially any form….prompted for such information every time the user visits another store. The user agent component 110 can also be deployed in various locations. By way of example, the user agent component 110 can form part of a web browser. Alternatively, the user agent component 110 can be deployed on a network….In yet another instance, the user agent component 110 can be deployed on a computer, where information mining is performed based on behavior with respect to the entire computer rather than a portion thereof such as a web browser”, see also [0025] & [0028] (where third-party requesting preference data may be an ad network) & [0051]-[0052] & [0071]-[0076]).
Livshits suggests it is advantageous to receiving computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference in response to receiving the request (e.g., in response to providing the correlated unique user identifier, and based on the advertisement preference system determining the user device associated with the user, per combination with Weerasinghe) for the at least one user advertisement preference and prior to providing the at least one user advertisement preference, because doing so can enable the user to configure their ad preference sharing permissions on the fly in real-time ([0007]-[0008] & [0025]-[0026] & [0030] & [0039] & [0070]-[0076]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe to include wherein providing the correlated unique user identifier causes receiving computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device requesting permission to provide the at least one user advertisement preference (and, by association, the advertisement preference system determining the user device associated with the user, per combination with Weerasinghe), as taught by Livshits, because doing so can enable the user to configure their ad preference sharing permissions on the fly in real-time2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment. Modifying Weerasinghe with the teaching of Livshits (i.e. receiving computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference in response to receiving the request – and therefore where the user is prompted via their user device in response to receiving this request) would similarly involve what was already taught by Weerasinghe when prompting the user such as where the system determines the user device in response to the received request to cause the prompt requesting permission to provide the at least one user advertisement preference to be displayed on an interface of the user device.
Furthermore, as discussed by both Weerasinghe and Livshits, prompting a user associated with the unique user identifier requesting permission to provide the user advertisement preference to an online advertisement system is a key factor in the success of privacy-enhanced and user-controlled advertising preferences. As discussed by both Weerasinghe and Livshits, a user may be prompted before an online advertisement system requests user preference data. Furthermore, as discussed by Livshits, a user may alternatively (or additionally) be prompted in response to the user navigating to the website and/or an advertiser requesting ad preference information for a user’s current webpage visit. This practice is well known in the business community and would follow in Weerasinghe. Therefore, it would have been obvious to try, by one of ordinary skill in the art at the time of the invention, to include determining the user device associated with the user associated with the correlated unique user identifier, and automatically transmitting computer-executable instructions configured to cause a prompt to be displayed on an interface of the user device, requesting permission to provide the at least one user advertisement preference to the online advertisement system as caused at least in part by the user device providing the temporary web tracking token and correlated unique user identifier, and to incorporate it into the method of Weerasinghe since there are a finite number of identified, predictable potential solutions (i.e., times to prompt the user) to the recognized need (prompt the user) and one of ordinary skill in the art would have pursued the known potential solutions with a reasonable expectation of success (the costs and benefits of each of the different times was known at the effective filing date of the claimed invention).
With respect to claim 41, Weerasinghe teaches the method of claim 39;
further comprising: receiving a web browser cookie correlated with the correlated unique user identifier from the user advertisement preference system, ([0036]-[0038] “the anonymous user identifier is provided to the user’s device in the form of a…cookie…stored in a user computer…the profile-ID cookie is made available by a browser of a user device…the cookie only includes the anonymous user identifier”, [0040] “the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…via web browser of the user device during a web browsing session…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server”, [0024] “the user is provided with an anonymous user identifier by the social network…”)
wherein in an instance in which the web browser cookie is provided by the user device to the website, the correlated unique user identifier is accessible by the website ([0036]-[0037] “cookie…browser returns a copy of the cookie to the server…during subsequent visits to the…web site, the user’s browser transmits the cookie so that the web site can tailor ads…profile-ID cookie is made available by a browser of a user device to visits web sites…the cookie only includes the anonymous user identifier” – therefore the web browser cookie configured to be provided from the client device to at least one online advertisement-provider system, [0040] “the anonymous user identifier may be provided to various third party servers/advertising servers by the user device…via web browser of the user device during a web browsing session…third party reads the cookie sent from the user device and forwards the anonymous user identifier contained therein to an advertising server”, [0047])
With respect to claim 43, Weerasinghe teaches the method of claim 39;
further comprising: rendering, at a graphical user interface on the user device, one or more user advertisement preferences associated with the correlated unique user identifier; ([0017]-[0018] “allows the user to have control over how much (anonymous) user profile data to release…user may determine which portions of a social network profile may be shared and with whom…providing a form with check boxes for the user to select…” – therefore a GUI with a form and check boxes (i.e., a prompt) is caused to be displayed to the user associated with the unique user identifier that requests permission to provide the user advertisement preference to the online advertisement system [0023] “includes privacy settings which restrict the sharing of various portions of the user data in the anonymous user profile”, [0020] “pre-approved sites…do not provide unfretted access to user data for third parties, such as…ad-agents…only…that which is explicitly designated and preapproved”, [0022] “only with the user’s pre-approval according to the anonymous profile settings”, Fig 5)
receiving, at the graphical user interface on the user device, a user input indicating a change to at least one of the one or more user advertisement preferences; and causing the at least one of the one or more user advertisement preferences stored on the user advertisement preference system ([0019] “new feedback feature is added to browsers…providing the ability to click an advertisement and mark it as ‘not interested…this information may be transmitted to a social network server”, [0035] “the anonymous user profile…once created, may be available for updating by the user at any time to reflect the user’s current interests, to change settings…and to make other changes”, [0050] “may indicate in the anonymous user profile that he or she is receptive to receiving targeted advertising/content pertaining to “the Caribbean”…”, see also Fig 5 “keywords that you would like to receive ads on…keywords that you would not like to receive ads on” & [0018] “providing a form with check boxes for the user to select” which are also possible ad preferences )
v Claims 32 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Weerasinghe in view of Livshits, as applied to claim 30 above, and further in view of Horowitz (U.S. PG Pub No. 2009/0106096 April 23, 2009 - hereinafter "Horowitz”)
With respect to claim 32, Weerasinghe teaches the method of claim 30;
further comprising: updating, via signals received from the user device, at least one of the one or more user advertisement preferences to indicate a preference ([0019] “new feedback feature is added to browsers…providing the ability to click an advertisement and mark it as ‘not interested…this information may be transmitted to a social network server”, [0035] “the anonymous user profile…once created, may be available for updating by the user at any time to reflect the user’s current interests, to change settings…and to make other changes”, [0050] “may indicate in the anonymous user profile that he or she is receptive to receiving targeted advertising/content pertaining to “the Caribbean”…”, see also Fig 5 “keywords that you would like to receive ads on…keywords that you would not like to receive ads on” & [0018] “providing a form with check boxes for the user to select” which are also possible ad preferences )
Weerasinghe does not appear to disclose,
the preference being a preference for or a preference against one or more product categories or a product brand associated with a product presented to the user on the user device
However, Horowitz discloses various potential interfaces for requesting advertisement preferences that may be displayed in a browser in response to a first displayed online advertisement ([0028]). Horowitz, discloses the at least one user advertisement preference may indicate at least a preference for or against advertisements that share one or more characteristics with the at least one first online advertisement ([0043]). Horowitz further discloses
the preference being a preference for or a preference against one or more product categories or a product brand associated with a product presented to the user on the user device (Fig 4 & [0051 “link showing both a ‘more’ option and ‘fewer option’ – and per [0047] & [0049] “the ‘more’ option may read “show more <subcategory> ads, where <subcategory> is the text associated with the subcategory code of the ad” and “the ‘fewer option may read “show fewer <subcategory> ads, where <subcategory> is the text associated with the subcategory code of the ad” – and per [0042] “when a categorized ad is served to the user…looks up the associated subcategory code of the categorized ad…displays…‘show more SUV ads’” – therefore a set of preference (e.g., preference to receive fewer ads in the category associated with the ad on the page, preference to receive more ads in the category associated with the ad on the page) are identified for presentation based on one or more characteristics of the at least one first online advertisement)
Horowitz suggests it is advantageous to include the preference being a preference for or a preference against one or more product categories or a product brand associated with a product presented to the user on the user device, because doing so can provide the user the opportunity to explicitly indicate their interest in specific products/services or product categories which can increase the relevance of the ads they receive, while increasing the specificity of the stated preference which can help ensure the accuracy of the received user preference and avoid inadvertent preference identifications ([0069] & [0047] & [0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe in view of Livshits to include wherein the preference being a preference for or a preference against one or more product categories or a product brand associated with a product presented to the user on the user device, as taught by Horowitz, because doing so can provide the user the opportunity to explicitly indicate their interest in specific products/services or product categories which can increase the relevance of the ads they receive, while increasing the specificity of the stated preference which can help ensure the accuracy of the received user preference and avoid inadvertent preference identifications
Furthermore, as in Horowitz, it was within the capabilities of one of ordinary skill in the art to modify the method of Weerasinghe in view of Livshits to include the preference being a preference for or a preference against one or more product categories or a product brand associated with a product presented to the user on the user device. Furthermore, as in Horowitz, the results of doing so would have been predictable to one of ordinary skill in the art. It would have been predictable to one of ordinary skill in the art that doing so would increase the specificity of the stated preference which can help ensure the accuracy of the received user preference and avoid inadvertent preference identifications, as is needed in Weerasinghe.
With respect to claim 33, Weerasinghe, Livshits, and Horowitz teach the method of claim 32. Weerasinghe does not appear to disclose,
determining one or more additional product categories or additional product brands based on the product presented to the user on the user device; and updating one or more user advertisement preferences to indicate a preference for or a preference against the one or more additional product categories or additional product brands
However, Horowitz discloses
determining one or more additional product categories or additional product brands based on the product presented to the user on the user device; and updating one or more user advertisement preferences to indicate a preference for or a preference against the one or more additional product categories or additional product brands (Fig 4 & [0051 “link showing both a ‘more’ option and ‘fewer option’ – and per [0047] & [0049] “the ‘more’ option may read “show more <subcategory> ads, where <subcategory> is the text associated with the subcategory code of the ad” and “the ‘fewer option may read “show fewer <subcategory> ads, where <subcategory> is the text associated with the subcategory code of the ad” – and per [0042] “when a categorized ad is served to the user…looks up the associated subcategory code of the categorized ad…displays…‘show more SUV ads’” – therefore a set of preference (e.g., preference to receive fewer ads in the category associated with the ad on the page, preference to receive more ads in the category associated with the ad on the page) are identified for presentation based on one or more characteristics of the at least one first online advertisement)
Horowitz suggests it is advantageous to include determining one or more additional product categories or additional product brands based on the product presented to the user on the user device; and updating one or more user advertisement preferences to indicate a preference for or a preference against the one or more additional product categories or additional product brands
, because doing so can provide the user the opportunity to explicitly indicate their interest in specific products/services or product categories which can increase the relevance of the ads they receive, while increasing the specificity of the stated preference which can help ensure the accuracy of the received user preference and avoid inadvertent preference identifications ([0069] & [0047] & [0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe in view of Livshits to include determining one or more additional product categories or additional product brands based on the product presented to the user on the user device; and updating one or more user advertisement preferences to indicate a preference for or a preference against the one or more additional product categories or additional product brands, as taught by Horowitz, because doing so can provide the user the opportunity to explicitly indicate their interest in specific products/services or product categories which can increase the relevance of the ads they receive, while increasing the specificity of the stated preference which can help ensure the accuracy of the received user preference and avoid inadvertent preference identifications
Furthermore, as in Horowitz, it was within the capabilities of one of ordinary skill in the art to modify the method of Weerasinghe in view of Livshits to include determining one or more additional product categories or additional product brands based on the product presented to the user on the user device; and updating one or more user advertisement preferences to indicate a preference for or a preference against the one or more additional product categories or additional product brands. Furthermore, as in Horowitz, the results of doing so would have been predictable to one of ordinary skill in the art. It would have been predictable to one of ordinary skill in the art that doing so would increase the specificity of the stated preference which can help ensure the accuracy of the received user preference and avoid inadvertent preference identifications, as is needed in Weerasinghe.
v Claim 36 is are rejected under 35 U.S.C. 103 as being unpatentable over Weerasinghe in view of Livshits, as applied to claim 30 above, and further
in view of Lawton (U.S. PG Pub No. 2007/0146812 June 28, 2007 - hereinafter "Lawton”)
With respect to claim 36, Weerasinghe teaches the method of claim 30;
further comprising: updating, via signals received from the user device, at least one of the one or more user advertisement preferences ([0019] “new feedback feature is added to browsers…providing the ability to click an advertisement and mark it as ‘not interested…this information may be transmitted to a social network server”, [0035] “the anonymous user profile…once created, may be available for updating by the user at any time to reflect the user’s current interests, to change settings…and to make other changes”, [0050] “may indicate in the anonymous user profile that he or she is receptive to receiving targeted advertising/content pertaining to “the Caribbean”…”, see also Fig 5 “keywords that you would like to receive ads on…keywords that you would not like to receive ads on” & [0018] “providing a form with check boxes for the user to select” which are also possible ad preferences )
Weerasinghe does not appear to disclose,
updating at least one of the one or more user advertisement preferences for a time period, wherein in an instance in which the time period has expired, the at least one of the one or more user advertisement preferences is removed
However, Lawton discloses a browser plug-in which provides users with prompts to provide preference feedback regarding advertisements displayed on a web page and sends this preference data to a remote server. Lawton further discloses
updating at least one of the one or more user advertisement preferences for a time period, wherein in an instance in which the time period has expired, the at least one of the one or more user advertisement preferences is removed (Figs 8 and 10 & [0098] “omit command includes in indication of scope…at least one of time…could restrict the scope to a certain time of day…or a date range” – therefore the user preference (e.g., preference not to receive ads associated with a particular category or subject matter) may be for a time period, and wherein in an instance in which the time period has expired, the at least one of the one or more user advertisement preferences is removed )
Lawton suggests it is advantageous to include updating at least one of the one or more user advertisement preferences for a time period, wherein in an instance in which the time period has expired, the at least one of the one or more user advertisement preferences is removed, because doing so can provide the user with greater control over the type of information/advertisements they receive which may increase user satisfaction and/or advertisement effectiveness (Figs 8 and 10 & [0098]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe in view of Livshits to include updating at least one of the one or more user advertisement preferences for a time period, wherein in an instance in which the time period has expired, the at least one of the one or more user advertisement preferences is removed, as taught by Lawton, because doing so can provide the user with greater control over the type of information/advertisements they receive which may increase user satisfaction and/or advertisement effectiveness
Furthermore, as in Lawton, it was within the capabilities of one of ordinary skill in the art to modify the method of Weerasinghe in view of Livshits include updating at least one of the one or more user advertisement preferences for a time period, wherein in an instance in which the time period has expired, the at least one of the one or more user advertisement preferences is removed. Furthermore, as in Horowitz, the results of doing so would have been predictable to one of ordinary skill in the art. It would have been predictable to one of ordinary skill in the art that doing so would provide the user with greater control over the type of information/advertisements they receive which may increase user satisfaction and/or advertisement effectiveness, as is needed in Weerasinghe.
v Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Weerasinghe in view of Livshits, as applied to claim 24 above, and further in view of in view of Polachek (U.S. PG Pub No. 2009/0292608, November 26, 2009 - hereinafter "Polachek”)
With respect to claim 38, Weerasinghe teaches the method of claim 24;
further comprising: providing, by the user advertisement preference system, the user device with added browser functionality configured to communicate with the online advertisement system and with the user advertisement preference system ([0019] “new feedback feature is added to browsers…providing the ability to click an advertisement and mark it as ‘not interested…this information may be transmitted to a social network server” – therefore, the client device/browser is provided with a tool configured to communicate with the web browser and the with the online advertisement system and with the user advertisement preference system)
Although Weerasinghe discusses adding a new feedback feature to a user’s browser configured to provide interface options to the user and the ability to mark an advertisement as “not interested” and send this preference information back to the social network server ([0019], [0037]). Weerasinghe does not explicitly suggest that this added feature/functionality is a plug-in. Weerasinghe does not appear to disclose,
wherein the added browser functionality is provided by providing the client device with a plugin
However, Polachek discloses
wherein the added browser functionality is provided by providing the client device with a plugin ([0090]-[0094] “an alternative embodiment…enables users to download an add-on to their browser…using this add-on the system will enable these users to interact with any advertisement…user adds (e.g., downloads and installs) an “add-on” provided by the platform to his browser… enabling the user to interact with them from the user’s ‘client side’…sending the data to the platform as the other alternative would. These alternative can also work together…”, Figure 2 & 3 show interfaces for inputting preference information regarding a displayed advertisement, [0063] “pop up” could include …Boolean questions…various scaled metrics…thumbs up or down…”)
Polachek suggests it is advantageous to include wherein the added browser functionality is provided by providing the client device with a plugin because doing so can provide an effective and efficient mechanism for a user to input their preferences for currently displayed advertisements using their browser while giving users control over what preference information is generated/shared, and because doing so can enable the presentation of more effective advertisements which may increase revenue ([0012], [0033]-[0034], [0090]-[0092]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe in view of Livshits to include wherein the added browser functionality is provided by providing the client device with a plugin, as taught by Polachek, because doing so can provide an effective and efficient mechanism for a user to input their preferences for currently displayed advertisements using their browser while giving users control over what preference information is generated/shared, and because doing so can enable the presentation of more effective advertisements which may increase revenue
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since each individual element and its function are shown in the prior art, albeit shown in separate references, and the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of the use of the browser add-on (i.e., plug-in) of Polachek for the unidentified newly added browser feedback feature of Weerasinghe. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
v Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Weerasinghe in view of Livshits, as applied to claim 24 above, and further in view of in view of Zisapel et al. (U.S. PG Publication No. 2012/0071131 March 22, 2012 - hereinafter "Zisapel”)
With respect to claim 38, Weerasinghe and Livshits teach the method of claim 24. As already taught above with respect to claim 24, Weerasinghe discloses transmitting, by the user advertisement preference system, at least one user advertisement preference to the online advertisement system without the stored association in response to the permission selection. Weerasinghe does not appear to specifically disclose,
further comprising determining, at the user advertisement preference system, a format for providing the at least one user advertisement preference associated with the correlated unique user identifier to the online advertisement system; generating a reformatted at least one user advertisement preference by applying the format to the at least one user advertisement preference; and transmitting, by the user advertisement preference system, the reformatted at least one user advertisement preference to the online advertisement system
However, Zisapel discloses
further comprising determining, at the user advertisement preference system, a format for providing the at least one user advertisement preference associated with the correlated unique user identifier to the online advertisement system; generating a reformatted at least one user advertisement preference by applying the format to the at least one user advertisement preference; and transmitting, by the user advertisement preference system, the reformatted at least one user advertisement preference to the online advertisement system ([0044] API between the ad server and the profile server/database used when the user profile information is sent to the ad server and therefore system/API inherently determines a format required for providing the stored user advertisement preference data to the at least one online advertisement-provider system before the stored at least one user advertisement preference is provided to the at least one online advertisement-provider system (e.g., because that is what APIs do))
Zisapel suggests it is advantageous to include determining determining, at the user advertisement preference system, a format for providing the at least one user advertisement preference associated with the correlated unique user identifier to the online advertisement system; generating a reformatted at least one user advertisement preference by applying the format to the at least one user advertisement preference; and transmitting, by the user advertisement preference system, the reformatted at least one user advertisement preference to the online advertisement system, because doing so can ensure the preference data is ingestible and usable by a respective online advertisement-provider system ([0044]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Weerasinghe in view of Livshits to include determining determining, at the user advertisement preference system, a format for providing the at least one user advertisement preference associated with the correlated unique user identifier to the online advertisement system; generating a reformatted at least one user advertisement preference by applying the format to the at least one user advertisement preference; and transmitting, by the user advertisement preference system, the reformatted at least one user advertisement preference to the online advertisement system, as taught by Zisapel, because doing so can ensure the preference data is ingestible and usable by a respective online advertisement-provider system.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Bhatia et al. (U.S. PG Publication No. 2013/0014153 ZJnauary 10, 2013 - hereinafter "Bhatia”) discloses parsing ad data, including mobile ads presented to a user via their browser, determining products/brands/categories associated with these ads, and presenting survey questions that are based on these detected features/characteristics to obtain user response data ([0232]-[0233], [0219]-[0222], [0119]-[0120], [0131])
Lawrence-Apfelbaum et al. (U.S. PG Publication No. 2009/0210899 August 20, 2009 - hereinafter "Lawrence-Apfelbaum”) discloses monitoring for online advertisements included in web pages received by the client device; determining one or more characteristics of a particular online advertisement included in one of the web pages received by the client device; and presenting one or more specific user advertisement preferences related to the particular online advertisement, the one or more specific user advertisement preferences being identified for presentation based on the one or more characteristics of the particular online advertisement ([0249] where system determines what ads are being presented on the page and their associated product/category/topic and then prompts them for ad feedback specific to the identified ad product/category/topic).
Kinoshita (United States Patent Application Publication Number: US 2013/0091544) discloses sending a UUID to a browser side cookie and a third-party preference server which receives user a preference data from client devices and provides ad preference data to remote ad servers when preference data is request by the remote ad servers using the UUID.
Goldberg (U.S. Patent No. 8,799,053 August 5, 2014 – hereinafter "Goldberg”) discloses wherein the at least one online advertisement-provider system comprises a supply-side platform (SSP) system, and the providing the stored at least one user advertisement preference to the at least one online advertisement-provider system comprises sending the stored at least one user advertisement preference to the SSP system
“How RTB AD Serving Works” (published in “Ad Ops Insider” blog on December 15, 2010 at https://www.adopsinsider.com/ad-serving/diagramming-the-ssp-dsp-and-rtb-redirect-path/) discloses a conventional process for initiating an auction (i.e., “bidding process”) in response to an ad request from a browser at a supply side platform where cookie IDs are passed to/from various entities as part of various requests and used to obtain preference data to determine the bids and creatives, and further the conventional use of ad tags that redirect client devices to a winning bidder online advertisement provider system.
Conclusion
No claim is allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DETWEILER whose telephone number is (571)272-4704. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached at telephone number (571)-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621
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