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 .
DETAILED ACTION
1. This office action is responsive to amendment filed on 12/04/2025. Claims 31-50 are pending examination.
Claim Rejections - 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 31-50 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.
Claim(s) 31 is/are drawn to method (i.e., a process), and claim(s) 41 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 31, and 41 is/are drawn to one of the statutory categories of invention.
Claims 31-50 are directed to display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle. Specifically, claim(s) 31, and 41 recite(s) determining information about an audience travelling, the information indicating a current travel route that passes by a location outside of the vehicle and a view of the audience; identifying, based on the view of the audience, a viewable portion of the display and a nonviewable portion of the display; determining an advertisement for display at the display; and causing to be displayed the advertisement at the display screen as the audience travels in the vehicle on the current travel route passing by the location, wherein causing to be displayed the advertisement at the display comprises arranging the advertisement to be displayed on the viewable portion of the display and to not be displayed on the nonviewable portion of the display, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) and Mental Processes and is similar to the concept of (concepts performed in the human mind (including an observation, evaluation, judgement, opinion) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and Mental Processes and grouped as following:
determining information about an audience travelling, the information indicating a current travel route that passes by a location outside of the vehicle and a view of the audience; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations), and (concepts performed in the human mind (including an observation, evaluation, judgement, opinion),
identifying, based on the view of the audience, a viewable portion of the display and a nonviewable portion of the display; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations), and (concepts performed in the human mind (including an observation, evaluation, judgement, opinion),
determining an advertisement for display at the display; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations), and (concepts performed in the human mind (including an observation, evaluation, judgement, opinion),
causing to be displayed the advertisement at the display screen as the audience travels in the vehicle on the current travel route passing by the location, wherein causing to be displayed the advertisement at the display comprises arranging the advertisement to be displayed on the viewable portion of the display and to not be displayed on the nonviewable portion of the display; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations), and (concepts performed in the human mind (including an observation, evaluation, judgement, opinion).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as vehicle, display screen, system, display circuitry merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the vehicle, display screen, system, display circuitry perform(s) the steps or functions of determining information about an audience travelling, the information indicating a current travel route that passes by a location outside of the vehicle and a view of the audience; identifying, based on the view of the audience, a viewable portion of the display and a nonviewable portion of the display; determining an advertisement for display at the display; and causing to be displayed the advertisement at the display screen as the audience travels in the vehicle on the current travel route passing by the location, wherein causing to be displayed the advertisement at the display comprises arranging the advertisement to be displayed on the viewable portion of the display and to not be displayed on the nonviewable portion of the display. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a vehicle, display screen, system, display circuitry to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle. As discussed above, taking the claim elements separately, the vehicle, display screen, system, display circuitry perform(s) the steps or functions of determining information about an audience travelling, the information indicating a current travel route that passes by a location outside of the vehicle and a view of the audience; identifying, based on the view of the audience, a viewable portion of the display and a nonviewable portion of the display; determining an advertisement for display at the display; and causing to be displayed the advertisement at the display screen as the audience travels in the vehicle on the current travel route passing by the location, wherein causing to be displayed the advertisement at the display comprises arranging the advertisement to be displayed on the viewable portion of the display and to not be displayed on the nonviewable portion of the display. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 32-40, and 42-50 further describe the abstract idea of display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle. Claim(s) 32-40, and 42-50 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, vehicle, display screen, sensor device, wireless communications to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle. As discussed above, taking the claim elements separately, the system, vehicle, display screen, sensor device, wireless communications, perform(s) the steps or functions of determining information about an audience travelling in a vehicle, the information indicating a current travel route of the vehicle that passes by a location of a display outside of the vehicle and a view of the audience; identifying, based on the view of the audience, a viewable portion of the display screen and a nonviewable portion of the display; determining an advertisement for display at the display; and causing to be displayed the advertisement at the display as the audience travels in the vehicle on the current travel route passing by the location, wherein causing to be displayed the advertisement at the display comprises arranging the advertisement to be displayed on the viewable portion of the display and to not be displayed on the nonviewable portion of the display; wherein identifying, based on the view of the audience, the viewable portion of the display and the nonviewable portion of the display comprises: accessing one or more images of the audience travelling in the vehicle on the current travel route; determining, based on image processing of the one or more images, display screen does not identify the audience, identifying the first portion as the nonviewable portion; and display is capable of identifying the audience, identifying the second portion as the viewable portion; identifying a plurality of display along the current travel route; determining viewable portions corresponding to the plurality of display; and causing to be displayed the advertisement continuing across the viewable portions corresponding to the plurality of display; wherein the information comprises data about relative motion and demographics of the audience, and wherein determining the advertisement for display at the display comprises: determining, based on the relative motion and the demographics of the audience, advertisement content and an advertisement display format for the advertisement; and wherein the advertisement is displayed at the display having the advertisement content using the advertisement display format; wherein determining the advertisement content and the advertisement display format comprises selecting the advertisement display format based on a relative speed component of the relative motion, wherein the advertisement display format comprises one of (i) a still image if the relative speed component exceeds a threshold and (ii) a video if the relative speed component does not exceed a threshold; wherein: the vehicle is a first moving vehicle; the display is located on a second moving vehicle; and the relative speed component comprises a difference between a speed of the first moving vehicle and a speed of the second moving vehicle; wherein determining the advertisement for display at the display comprises: identifying a physical location associated with a merchant in vicinity to the location, wherein the advertisement comprises information about the merchant and the physical location; receiving the information about the audience travelling in the vehicle over a path associated with the vehicle; wherein the advertisement for display at the display is determined based on environmental conditions at the location of the display; wherein the information about the audience indicates an upcoming event, and wherein determining the advertisement for display at the display screen comprises identifying at least one of a product associated with the event or a service associated with the event. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
3. In reference to independent claims 31, and 41, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations found in the claims of:
“identifying, based on the view of the audience, a viewable portion of the display screen and a nonviewable portion of the display screen; causing to be displayed the advertisement at the display screen as the audience travels in the vehicle on the current travel route passing by the location, wherein causing to be displayed the advertisement at the display screen comprises arranging the advertisement to be displayed on the viewable portion of the display screen and to not be displayed on the nonviewable portion of the display screen.”
Examiner note: none of the references or combined references teach the combination of limitations of claim 31, and 41 or no reference found that would teaches the combination of limitations of claim 31, and 41, especially the idea of having a vehicle with audience traveling in a vehicle, and then the system identifies a viewable portion of the display screen and non viewable display of the screen and based on those degermation’s it display advertisement on the display screen that is viewable by the audience and not display it on the non viewable portion of the display screen.
The closest reference(s) found is/are similar but barely or do not teach all the limitations/steps of the claims:
Reference 1: 20170371608 describes electronic digital display systems, including roadside display devices, vehicle-based devices, personal mobile devices, intermediary servers, advertising servers, and/or additional external data sources may operate individually or in combination to identify one or more vehicle locations, driving routes, driver and passenger characteristics, and the like. Vehicle and individual characteristics may be determined based on data received from traffic cameras, vehicle-based devices, personal mobile devices, and/or other data sources. Based on the vehicle characteristics, individual characteristics, driving data and driving patterns, and the like, digital content may be determined for electronic roadside displays to be viewable by the approaching vehicles, and/or other digital display devices to be viewable by associated individuals via other display devices and at other times. Various techniques may be used to determine customized digital content. Additionally, certain systems may be interactive to allow user responses and follow-up content via on-board vehicle devices or other user devices. However it lacks the combination of claimed elements of the pending independent claims.
Reference 2: 20160148507 describes module and multiple signal detectors that are provided in the housing. A computing component is operably coupled with the signal detector to obtain signal data. A memory device is communicatively coupled with the computing component to receive the signal data and store the signal data. A transmitter is communicatively coupled with the computing component to transmit the signal data to a network. However it lacks the combination of claimed elements of the pending independent claims.
Reference 3: 20140070963 describes the roadway signage system has a sign (100) to display moving and static images. A motion sensor detects the speed of vehicular traffic on a roadway within a predetermined distance from the sign. An electronic control system responsive to the sensor displays the moving images or static images when the traffic moves slowly and at less than predetermined speed or swiftly and at more than predetermined speed. The motion sensor includes a sub-surface sensor (221) and a surface sensor (222).. However it lacks the combination of claimed elements of the pending independent claims.
Reference 4: 20090299857 describes a system for obtaining revenue through the display of advertising on fixed or moving objects id disclosed. Such objects receive, store, poll and extract data to present content based on the time of day, locations, and relative movements in a specific environment, where data and information stored in moving or mobile objects within that environment can be transmitted between those objects or to stationary objects, where it is then used to enable and control such displays for which the owners of those objects are then compensated. The system enables the display of hyper-relevant ad content with synchronized remote audio, personal messaging and public service alerts on surrounding objects and provides for the real-time logging and later downloading of data to confirm communications and content deliveries between objects, track and measure consumer engagement, verify consumer's direct responses to ad viewings with accountability systems. However it lacks the combination of claimed elements of the pending independent claims.
Reference 5: 20060271428 describes a novel advertising method at least includes: receiving at least one advertising placement offer for the placement of an advertisement, the offer including proposed consideration; accepting an advertising placement order; and displaying an advertisement which is the subject of an accepted advertising placement order on a plurality of mobile, changeable advertising message displays carried by a plurality of coordinated automobiles, which changeable displays are capable of displaying more than one separate advertising message at different times. Each changeable advertising message display at least includes: a visual display; a multiple advertising message generator coupled to the visual display, the multiple advertising message generator adapted to generate a plurality of different advertising messages; and an advertising message selector adapted to select a current advertising message to be displayed. However it lacks the combination of claimed elements of the pending independent claims.
NPL Reference
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Online Marketing Funnel – Banner Advertising” describes “as part of an on-going series discussing the online marketing funnel we will be going through each digital media tactic and reviewing when media reaches the target audience and how it affects their buying and planning decisions. The first tactic to review is display advertising (banner ads) and how, when and why to use banners as part of your online marketing strategy. Banner advertising is not as simple as it once was and there are many ways to judge to effectiveness of the tactic and whether it is the right fit for your marketing strategy. The Marketing or Audience Awareness Funnel is a brief snapshot of where in the sales and planning cycle paid media will influence a consumer. The top of the funnel is reaching consumers that may not even be aware of your brand yet or have limited understanding of the products and services offered by an advertiser. The bottom of the funnel reaches consumers that are actively searching for your specific brand or a close competitor and is very close to making a purchase decision. Prospecting with banner advertising starts the top of the funnel as a way to reach consumers at the very beginning of their decision making process. This top of funnel approach helps to raise awareness and begin to build brand recognition with a consumer.”.
Pertinent Art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference# US6545596B1 teaches similar invention which describes an advertising system includes a mobile apparatus that determines location information and presents an advertisement based on the location information. The system may also include an output device that presents a selected advertisement based on audience information associated with mobile advertising targets.
Response to Arguments
6. Applicant's arguments filed 12/04/2025 have been fully considered but they are not persuasive.
A. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong One. Examiner respectfully disagrees. As for Step 2A Prong One, of the Abstract idea is directed towards the abstract idea of display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)), (MPEP § 2106.04).
B. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong Two. Examiner respectfully disagrees. As for Step 2A Prong Two, the claim limitations do not include additional elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, and the claim is not more than a drafting effort designed to monopolize the judicial exception and the claim limitation simply describe the abstract idea. The limitation directed to display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle does not add technical improvement to the abstract idea. The recitations to “vehicle, display screen, system, display circuitry” perform(s) the steps or functions of determining information about an audience travelling, the information indicating a current travel route that passes by a location outside of the vehicle and a view of the audience; identifying, based on the view of the audience, a viewable portion of the display and a nonviewable portion of the display; determining an advertisement for display at the display; and causing to be displayed the advertisement at the display screen as the audience travels in the vehicle on the current travel route passing by the location, wherein causing to be displayed the advertisement at the display comprises arranging the advertisement to be displayed on the viewable portion of the display and to not be displayed on the nonviewable portion of the display. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
C. Applicant argues that the claims are not directed to a judicial exception under Step 2B.
Examiner respectfully disagrees. As for Step 2B, The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the limitation directed to display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle does not add significantly more to the abstract idea. Furthermore, using well-known computer functions to execute an abstract idea does not constitute significantly more. The recitations to “vehicle, display screen, system, display circuitry” are generically recited computer structure. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of display advertisement or content to the audience traveling in a vehicle on a viewable portion of the display screen placed outside of the vehicle. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B