Detailed Action
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Action is in reply to the Amendment filed on 12/29/2025. Claims 1-20 are currently pending and have been examined. Claims 1, 6-9, have been amended.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 11/11/2025 was received and has been considered.
Claim Rejection - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
First, it is determined whether the claims are directed to a statutory category of invention. In the instant case, claims 1-5 are directed to a machine, claims 6-19 are directed to a process, and claim 20 is directed to an article of manufacture. Therefore, claims 1-20 are directed to statutory subject matter under Step 1 as described in MPEP 2106 (Step 1: YES).
The claims are then analyzed to determine whether the claims are directed to a judicial exception. In determining whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong One of Step 2A), as well as analyzed to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of the judicial exception (Prong Two of Step 2A).
Claims 1, 6, and 20 recite at least the following limitations that are believed to recite an abstract idea:
retrieve, via a source, profile data corresponding to a user profile of a second user, wherein the source is associated with a first user;
identify one or more status messages in the profile data;
display, via a user profile view of the second user, a status message object comprising profile items based on the profile data, wherein the profile items include a status message, a first profile item for transmitting the transactional item data to the second user, and a second profile item associated with a profile element;
identify, from among the profile items of the status message object, the state message;
in response to receiving, via the user profile view, a user input associated with the first profile item:
analyze text data of the status message to determine a semantic intent of the second user;
query a transactional item storage to identify one or more transactional items that are mapped to the determined semantic intent as recommended products; and
display transactional item data corresponding to the one or more transactional items;
receive a user input associated with the one or more transactional items;
instantiate a transaction authentication of the one or more transactional items by causing transmission, to a third location, of transaction information data associated with the first user; and
cause, based on the transaction authentication of the one or more transactional items, delivery of the one or more transactional items to the second user by causing a display, provided to the second user and corresponding to a service-provider account, to display the one or more transactional items as a message.
The above limitations recite the concept of personalized gifting. These limitations, under their broadest reasonable interpretation, fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106, in that they recite commercial interactions, e.g. sales activities/behaviors, and managing personal behavior or relationships or interactions between people, e.g., following rules or instructions. Accordingly, under Prong One of Step 2A, claims 1-20 recite an abstract idea (Step 2A, Prong One: YES).
Prong Two of Step 2A is the next step in the eligibility analyses and looks at whether the abstract idea is integrated into a practical application. This requires an additional element or combination of additional elements in the claims to apply, rely on, or user the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception.
In this instance, the claims recite the additional elements of:
an apparatus comprising a display configured to receive at least one user input, a communication interface, one or more processors, and memory string processor-executed instructions
an instant messenger application executing on the apparatus
Interactive elements
A natural language processing algorithm
a database
user interface
chatroom interface
computing devices
a non-transitory computer-readable storage medium storing instructions executed by a processor
However, these elements do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort to monopolize the exception.
In addition, the recitations are recited at a high level of generality and also do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort to monopolize the exception.
The dependent claims also fail to recite elements which amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort to monopolize the exception. For example, claims 2, 4-5, 7,10, 12-14, 18-19 are directed to the abstract idea itself and do not amount to an integration according to any one of the considerations above. As for claims 3, 8-9, 11, 15-17 these claims are similar to the independent claims except that they recite the further additional elements of a chatroom, a server, visual effects, a display screen. These additional elements are recited at a high level of generality and also do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort to monopolize the exception. Therefore, the dependent claims do not create an integration for the same reasons.
Step 2B is the next step in the eligibility analyses and evaluates whether the claims recite additional elements that amount to an inventive concept (i.e., “significantly more”) than the recited judicial exception. According to Office procedure, revised Step 2A overlaps with Step 2B, and thus, many of the considerations need not be re-evaluated in Step 2B because the answer will be the same.
In Step 2A, several additional elements were identified as additional limitations:
an apparatus comprising a display configured to receive at least one user input, a communication interface, one or more processors, and memory string processor-executed instructions
an instant messenger application executing on the apparatus
Interactive elements
A natural language processing algorithm
a database
user interface
chatroom interface
computing devices
a non-transitory computer-readable storage medium storing instructions executed by a processor
These additional limitations, including the limitations in the dependent claims, do not amount to an inventive concept because they were already analyzed under Step 2A and did not amount to a practical application of the abstract idea. Therefore, the claims lack one or more limitations which amount to an inventive concept in the claims.
For these reasons, the claims are rejected under 35 U.S.C. 101.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejection – 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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-
obviousness.
Claims 1-7, 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sirota et al (US 20200294110 A1), hereinafter Sirota, in view of Linden et al (US 20130332307 A1), hereinafter Linden.
Regarding Claim 1, Sirota discloses an apparatus configured to use a messenger application [messaging platform [0020]] to automatically connect digital user activity associated with a profile view of an account with transactional item data, the apparatus comprising: a display configured to receive at least one user input; a communication interface; one or more processors; and memory storing instructions (Sirota: [0069], [0071]) that, when executed by the one or more processors, cause the apparatus to:
retrieve, via the messenger application executing on the apparatus, profile data corresponding to a user profile of a second user [recipient], wherein the apparatus is associated with a first user (Sirota: “ the gifting application detects, from the social media application operating on a user's device, that a friend or other person the user is communicating with is the subject of an event” [0029] – “maintain detailed information and preferences for different entities, including the recipient. … preferences may be determined based on previous gifts selected by the recipient, activities identified through a recipient profile, ” [0060] – “a gifting application may detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient” [0044]);
identify one or more status messages in the profile data (Sirota: “a gifting application may detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient” [0044] – “based on a social media post presented via the social media application 1304, the gifting application 1306 may determine that it is the birthday of the subject of the social media post. ” [0049]);
display, via a user profile view of the second user in the messenger application, a status message object comprising profile items based on the profile data, wherein the profile items include a status message, a first profile item for transmitting the transactional item data to the second user, and a second profile item associated with an interactive profile element (Sirota: “a social media post presented via the social media application” [0049] – The user is communicating with someone or reviewing their post. [0059] – “a gifting application may detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient (e.g., a birthday, an anniversary, etc.). In response to detecting a hashtag or other type of content associated with a particular event or milestone, the gifting application may present the user, via the graphical interface, with an option to deliver a gift to the possible recipient that is the subject of the social media post. Selection of this option may cause the gifting application to present the user with various products and/or product categories that may be provided to the recipient” [0044] – See Figures 2 & 11. Figure 11 illustrates the status message [post/hashtag], “send a quick gift” button, and interactive elements associated with the user profile and post.);
identify, from among the profile items of the status message object, the status message (Sirota: “detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient (e.g., a birthday, an anniversary, etc.).” [0044]);
in response to receiving, via the user profile view, a user input associated with the first profile item:
analyze text data of the status message to determine semantic intent of the second user (Sirota: “detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient (e.g., a birthday, an anniversary, etc.)” [0044] – “a contextual trigger (e.g. an indication of a birthday in a social media environment or context) can be used to automatically generate a curated selection of gifts” [0029]);
query a transactional item database to identify one or more transactional items [products] that are mapped to the determined semantic intent as recommended products (Sirota: “the gifting application 1306 may present the user of the sender device 1302, via a graphical interface, with an option to send a gift to the subject of the social media post. If the user selects this option, the gifting application 1306 may transmit a request to a gifting distribution system 1308 to determine what products … may be available for delivery to the subject of the social media post.” [0049] – “the gifting distribution system 1308 may evaluate the contextual information provided in the request to identify possible products …the gifting distribution system 1308 may access a product catalog repository 1310 to identify these possible products … The product catalog repository 1310 may include a database that includes entries corresponding to individual products … Thus, based on the contextual information provided by the gifting application 1306, the gifting distribution system 1308 may identify products … that may be presented to the user of the sender device 1302 by the gifting application” [0050] – “a contextual trigger (e.g. an indication of a birthday in a social media environment or context) can be used to automatically generate a curated selection of gifts. For instance, if the gifting application detects, from the social media application operating on a user's device, that a friend or other person the user is communicating with is the subject of an event (e.g., birthday, anniversary, graduation, etc.), the gifting application may present the user, via the graphical interface, with various gift options and/or categories corresponding to the detected event.” [0029]); and
display, via a user interface of the messenger application, transactional item data corresponding to the one or more transactional items (Sirota: “based on the contextual information provided by the gifting application 1306, the gifting distribution system 1308 may identify products … that may be presented to the user of the sender device 1302 by the gifting application” [0050]);
receive, via the user interface, a user input associated with the one or more transactional items (Sirota: “the gifting application 1306 may present the user of the sender device 1302, via the graphical interface, with these selection options. Via the graphical interface, the user of the sender device 1302 may select a product that may be given to the recipient (e.g., subject of the social media post) as a gift.” [0051]);
instantiate a transaction authentication of the one or more transactional items by causing transmission, to a third computing device [payment service], of transaction information data associated with the first user (Sirota: “the user may utilize a mobile payment service or digital wallet (e.g., Apple Pay®, etc.) … credit card information,…and like that may be used to obtain payment for the gift. The gifting application 1306 may provide the payment information to the gifting distribution system 1308, which may communicate with a corresponding payment service 1312 to authenticate the payment information. If the payment information is valid and payment can be made for the gift, the payment service 1312 may provide the gifting distribution system 1308 with the requisite payment” [0054]); and
cause, based on the transaction authentication of the one or more transactional items, delivery of the one or more transactional items to a second computing device of the second user by causing a chatroom interface, provided to the second computing device of the second user and corresponding to a service-provider account, to display the one or more transactional items as a message (Sirota: “the gifting distribution system 1308 transmits the gift to the recipient via the social media platform through which the user of the sender device 1302 and the recipient are communicating. … A recipient receiving the gift may be presented with a redemption code or other information that may use to redeem the gift provided therein.” [0055] – “a recipient can initially receive a gift card from a first coffee company and then be presented with the option to select a different coffee company for redemption of the gift card.” [0032] –“ a gift recipient can receive a gift (e.g., in the form a gift card, a voucher, or a coupon), from a first merchant ” [0036] - See at least Figures 4-5, which illustrate the conversational thread/chat space.).
While Sirota teaches that the messaging platform handles social media postings or other correspondence, including text messages [0026], it does not specifically teach that the messenger application is an instant messenger application, or that the text data is analyzed using a natural language processing (NPL) algorithm.
However, Linden teaches online gifting techniques (Linden: Abstract), including that
the messenger application is an instant messenger application (Linden: “The web server 232 can provide the functionality of receiving and routing communications between the social networking system 704 and the client device 708, for example, instant messages, queued messages (e.g., email), text and SMS (short message service) messages, or messages sent using any other suitable messaging technique” [0045]); and
the text data is analyzed using a natural language processing (NPL) algorithm (Linden: “implements natural language processing to extract words, phrases, or images indicative of the gift-appropriate event from the communications … by comparing phrases or keywords in the communications with template words or phrases associated with particular gift-appropriate events. ” [0048] – See also [0055]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Sirota would continue to teach a messenger application executing on the apparatus, except that now it would also teach that the messenger application is an instant messenger application & the text data is analyzed using a natural language processing (NPL) algorithm, according to the teachings of Linden. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to increase interaction on the social network system (Linden: [0035]).
Regarding Claim 2, Sirota/Linden teach the apparatus of claim 1, wherein the instructions, when executed by the one or more processors, cause the apparatus to:
display the transactional item data on a first portion of the user interface; simultaneously display the one or more status messages on a second portion of the user interface (Sirota: “FIG. 3 shows an illustrative example of an environment 300 in which a gift recommendation is presented in response to detection of an event associated with a potential recipient … a contextual trigger (e.g. an indication of a birthday in a social media environment or context) can be used to automatically generate a curated selection of gifts. For instance, if the gifting application detects, from the social media application operating on a user's device, that a friend or other person the user is communicating with is the subject of an event (e.g., birthday, anniversary, graduation, etc.), the gifting application may present the user, via the graphical interface, with various gift options and/or categories corresponding to the detected event.” [0029] – As illustrated in Figures 3 & 10, the messaging is displayed in one part of the screen while the products are displayed in another part simultaneously. – “the presentation of the option to generate the gift is performed using a pop-up window presented alongside elements of a social media application.” Claim 19);
query the database further based on an item identification list associated with the second user (Sirota: “The gifting distribution system may identify, based on this detailed information and preferences for the recipient, what products and/or product categories may be of interest to the recipient. These preferences may be determined based on previous gifts selected by the recipient, activities identified through a recipient profile, and the like.” [0060]); and
instantiate the transaction authentication of the one or more transactional items by receiving, via the user interface, a user input of the transaction information data (Sirota: “Via the graphical interface, the user of the sender device 1302 may select a product that may be given to the recipient (e.g., subject of the social media post) as a gift.” [0051] – “through the gifting application 1306, the user of the sender device 1302 can provide payment information that may be used for payment of a gift for the recipient.” [0054]).
Regarding Claim 3, Sirota/Linden teach the apparatus of claim 1, wherein the instructions, when executed by the one or more processors, cause the apparatus to instantiate the transaction authentication of the one or more transactional items by: transmitting, via a chatroom associated with a service provider and using the instant messenger application, at least a portion of the transactional item data (Linden: “ transmits gift order details, such as item SKU number, quantity, payment information, and destination, to an order fulfillment service” [0088] – “implemented by an external messaging platform, such as an instant messaging service (e.g., GoogleChat, AOL Instant Messenger), a mobile messaging service (e.g., SMS text message), or an electronic card service (e.g., egreetings.com).” [0024]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sirota with Linden for the reasons identified above with respect to claim 1.
Regarding Claim 4, Sirota/Linden teach the apparatus of claim 1, wherein the instructions, when executed by the one or more processors, cause the apparatus to display the transactional item data corresponding to the one or more transactional items by: determining, based on an item transaction restriction [threshold], whether the first user is eligible to perform a transaction operation associated with the one or more transactional items (Linden: “implement a dynamic gift-appropriate event trigger threshold, such as based on a demographic, social network use or communication history, social network connections, or any other parameter related to the sender and/or to the recipient. For example, the threshold can be low (e.g., five) for a recipient between the ages of fifty and sixty and high (e.g., twenty) for a recipient between the ages of fourteen and eighteen. ” [0051]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sirota with Linden for the reasons identified above with respect to claim 1.
Regarding Claim 5, Sirota/Linden teach the apparatus of claim 1, wherein the user profile view further comprises:
at least one first interfacing object configured to receive the user input associated with the one or more status messages, wherein the at least one first interfacing object comprises a visual indicator indicating an interface associated with a transaction operation of the one or more transactional items (Sirota: “a graphical interface can include a general suggestion for giving a “quick gift”. In another example, a graphical interface can include a sponsored ad suggesting a gift of a “free frosty” or other item associated with a particular brand.” [0024] – See Figure 1); and
at least one second interfacing object configured to receive a user input that causes display of an emoticon input interface associated with the one or more status messages (Sirota: “after determining that a user has indicated, via a messaging platform, that a gift is to be sent to a recipient, one or more emojis can be presented via the graphical interface.” [0020] – See Figures 1 & 3).
Regarding Claim 6, Sirota discloses a method for using a messenger application [messaging platform [0020]] to automatically connect digital user activity associated with a profile view of an account with transactional item data, the method comprising:
retrieving, by a first computing device of a first user, executing the messenger application, profile data corresponding to a user profile of a second user [recipient] (Sirota: “ the gifting application detects, from the social media application operating on a user's device, that a friend or other person the user is communicating with is the subject of an event” [0029] – “maintain detailed information and preferences for different entities, including the recipient. … preferences may be determined based on previous gifts selected by the recipient, activities identified through a recipient profile, ” [0060] – “a gifting application may detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient” [0044]);
displaying, by the first computing device via a user profile view of the second user in the messenger application, a status message object comprising profile items based on the profile data, wherein the profile items include a status message, a first profile item for transmitting the transactional item data to the second user, and a second profile item associated with an interactive profile element (Sirota: “a social media post presented via the social media application” [0049] – The user is communicating with someone or reviewing their post. [0059] – “a gifting application may detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient (e.g., a birthday, an anniversary, etc.). In response to detecting a hashtag or other type of content associated with a particular event or milestone, the gifting application may present the user, via the graphical interface, with an option to deliver a gift to the possible recipient that is the subject of the social media post. Selection of this option may cause the gifting application to present the user with various products and/or product categories that may be provided to the recipient” [0044] – See Figures 2 & 11. Figure 11 illustrates the status message [post/hashtag], “send a quick gift” button, and interactive elements associated with the user profile and post.);
identifying, from among the profile items of the status message object, the status message (Sirota: “detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient (e.g., a birthday, an anniversary, etc.).” [0044]);
in response to receiving, via the user profile view, a user input associated with the first profile item:
analyzing text data of the status message to determine a semantic intent of the second user (Sirota: “detect, from a social media post, a hashtag or other type of content that may be associated with a particular event or milestone for a possible recipient (e.g., a birthday, an anniversary, etc.)” [0044] – “a contextual trigger (e.g. an indication of a birthday in a social media environment or context) can be used to automatically generate a curated selection of gifts” [0029]);
querying a transactional item database to identify one or more transactional items [products] that are mapped to the determined semantic intent as recommended products (Sirota: “the gifting application 1306 may present the user of the sender device 1302, via a graphical interface, with an option to send a gift to the subject of the social media post. If the user selects this option, the gifting application 1306 may transmit a request to a gifting distribution system 1308 to determine what products … may be available for delivery to the subject of the social media post.” [0049] – “the gifting distribution system 1308 may evaluate the contextual information provided in the request to identify possible products …the gifting distribution system 1308 may access a product catalog repository 1310 to identify these possible products … The product catalog repository 1310 may include a database that includes entries corresponding to individual products … Thus, based on the contextual information provided by the gifting application 1306, the gifting distribution system 1308 may identify products … that may be presented to the user of the sender device 1302 by the gifting application” [0050] – “a contextual trigger (e.g. an indication of a birthday in a social media environment or context) can be used to automatically generate a curated selection of gifts. For instance, if the gifting application detects, from the social media application operating on a user's device, that a friend or other person the user is communicating with is the subject of an event (e.g., birthday, anniversary, graduation, etc.), the gifting application may present the user, via the graphical interface, with various gift options and/or categories corresponding to the detected event.” [0029]); and
displaying, via a user interface of the messenger application, item transactional data corresponding to the one or more transactional items (Sirota: “based on the contextual information provided by the gifting application 1306, the gifting distribution system 1308 may identify products … that may be presented to the user of the sender device 1302 by the gifting application” [0050]);
receiving, via the user interface, a user input associated with the one or more transactional items (Sirota: “the gifting application 1306 may present the user of the sender device 1302, via the graphical interface, with these selection options. Via the graphical interface, the user of the sender device 1302 may select a product that may be given to the recipient (e.g., subject of the social media post) as a gift.” [0051]);
instantiating a transaction authentication of the one or more transactional items by causing transmission, to a third computing device [payment service], of transaction information data associated with the first user (Sirota: “the user may utilize a mobile payment service or digital wallet (e.g., Apple Pay®, etc.) … credit card information,…and like that may be used to obtain payment for the gift. The gifting application 1306 may provide the payment information to the gifting distribution system 1308, which may communicate with a corresponding payment service 1312 to authenticate the payment information. If the payment information is valid and payment can be made for the gift, the payment service 1312 may provide the gifting distribution system 1308 with the requisite payment” [0054]); and
causing, based on the transaction authentication of the one or more transactional items, delivery of the one or more transactional items to a second computing device of the second user by causing a chatroom interface, provided to the second computing device of the second user and corresponding to a service-provider account, to display the one or more transactional items as a message (Sirota: “the gifting distribution system 1308 transmits the gift to the recipient via the social media platform through which the user of the sender device 1302 and the recipient are communicating. … A recipient receiving the gift may be presented with a redemption code or other information that may use to redeem the gift provided therein.” [0055] – “a recipient can initially receive a gift card from a first coffee company and then be presented with the option to select a different coffee company for redemption of the gift card.” [0032] –“ a gift recipient can receive a gift (e.g., in the form a gift card, a voucher, or a coupon), from a first merchant ” [0036] - See at least Figures 4-5, which illustrate the conversational thread/chat space.).
While Sirota teaches that the messaging platform handles social media postings or other correspondence, including text messages [0026], it does not specifically teach that the messenger application is an instant messenger application, or that the text data is analyzed using a natural language processing (NPL) algorithm.
However, Linden teaches online gifting techniques (Linden: Abstract), including that
the messenger application is an instant messenger application (Linden: “The web server 232 can provide the functionality of receiving and routing communications between the social networking system 704 and the client device 708, for example, instant messages, queued messages (e.g., email), text and SMS (short message service) messages, or messages sent using any other suitable messaging technique” [0045]); and
the text data is analyzed using a natural language processing (NPL) algorithm (Linden: “implements natural language processing to extract words, phrases, or images indicative of the gift-appropriate event from the communications … by comparing phrases or keywords in the communications with template words or phrases associated with particular gift-appropriate events. ” [0048] – See also [0055]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Sirota would continue to teach a messenger application executing on the apparatus, except that now it would also teach that the messenger application is an instant messenger application & the text data is analyzed using a natural language processing (NPL) algorithm, according to the teachings of Linden. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to increase interaction on the social network system (Linden: [0035]).
Regarding Claim 7, Sirota/Linden teach the method of claim 6, wherein the profile data comprises one or more of: a third user interface element for displaying D-day date information, and a fourth user interface element for displaying text (Sirota: “a gift recommendation is presented in response to detection of an event associated with a potential recipient in accordance with at least one embodiment. In an embodiment, a contextual trigger (e.g. an indication of a birthday in a social media environment or context) can be used to automatically generate a curated selection of gifts.” [0029] – See Figures 3, 6, 10, which illustrate that date information of the arrival of the event, e.g. It’s Jeff’s Birthday Today,” is displayed. Figures 2-4 further illustrate elements for displaying additional text, such as a gift message, a gift selection screen, or accessing a keyboard.).
Regarding Claim 10, Sirota/Linden teach the method of claim 6, wherein the instantiating the transaction authentication of the one or more transactional items further comprises: receiving, via the user interface, a user input of the transaction information data (Sirota: “Via the graphical interface, the user of the sender device 1302 may select a product that may be given to the recipient (e.g., subject of the social media post) as a gift.” [0051] – “through the gifting application 1306, the user of the sender device 1302 can provide payment information that may be used for payment of a gift for the recipient.” [0054]).
Regarding Claim 11, Sirota/Linden teach the method of claim 6, wherein the instantiating the transaction authentication of the one or more transactional items further comprises: transmitting, via a chatroom associated with a service provider and using the instant messenger application, at least a portion of the transactional item data ((Linden: “ transmits gift order details, such as item SKU number, quantity, payment information, and destination, to an order fulfillment service” [0088] – “implemented by an external messaging platform, such as an instant messaging service (e.g., GoogleChat, AOL Instant Messenger), a mobile messaging service (e.g., SMS text message), or an electronic card service (e.g., egreetings.com).” [0024]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sirota with Linden for the reasons identified above with respect to claim 6.
Regarding Claim 12, Sirota/Linden teach the method of claim 6, wherein the displaying the transactional item data corresponding to the one or more transactional items further comprises: determining, based on an item transaction restriction [threshold], whether the first user is eligible to perform a transaction operation associated with the one or more transactional items (Linden: “implement a dynamic gift-appropriate event trigger threshold, such as based on a demographic, social network use or communication history, social network connections, or any other parameter related to the sender and/or to the recipient. For example, the threshold can be low (e.g., five) for a recipient between the ages of fifty and sixty and high (e.g., twenty) for a recipient between the ages of fourteen and eighteen. ” [0051]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sirota with Linden for the reasons identified above with respect to claim 6.
Regarding Claim 13, Sirota/Linden teach the method of claim 12, wherein the item transaction restriction comprises at least one of: an age restriction, a country restriction, or a condition regarding an activation status of the second user (Linden: “implement a dynamic gift-appropriate event trigger threshold, such as based on a demographic, social network use or communication history, social network connections, or any other parameter related to the sender and/or to the recipient. For example, the threshold can be low (e.g., five) for a recipient between the ages of fifty and sixty and high (e.g., twenty) for a recipient between the ages of fourteen and eighteen. ” [0051]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sirota with Linden for the reasons identified above with respect to claim 6.
Regarding Claim 14, Sirota/Linden teach the method of claim 6, wherein the transactional item data comprises transactional item stock data (Sirota: “any products from the product category selected that are not in stock or are otherwise unavailable are hidden from view or are otherwise not presented to the gift recipient. In another example, if a particular product selected by the sender is unavailable, the gift recipient may be presented with other products of the same product category as the unavailable product.” [0036]).
Regarding Claim 15, Sirota/Linden teach the method of claim 6, wherein the user interface is configured to, in response to receiving the user input associated with the one or more status messages, cause display of a visual effect associated with the profile view (Sirota: “after determining that a user has indicated, via a messaging platform, that a gift is to be sent to a recipient, one or more emojis can be presented via the graphical interface.” [0020] – See Figures 1 & 3).
Regarding Claim 16, Sirota/Linden teach the method of claim 15, wherein the visual effect comprises an effect of an emoticon being displayed at predetermined coordinates on a display screen (Sirota: “after determining that a user has indicated, via a messaging platform, that a gift is to be sent to a recipient, one or more emojis can be presented via the graphical interface.” [0020] – See Figures 1 & 3).
Regarding Claim 17, Sirota/Linden teach the method of claim 6, further comprising: receiving a second user input associated with the one or more status messages; and in response to the second user input, displaying an emoticon at predetermined coordinates on a display screen (Sirota: “after determining that a user has indicated, via a messaging platform, that a gift is to be sent to a recipient, one or more emojis can be presented via the graphical interface.” [0020] – “when a heart emoji is selected, jewelry, chocolates, flowers, or other romantic-minded gifts may be presented via the graphical interface.” [0021] – See Figures 1 & 3).
Regarding Claim 18, Sirota/Linden teach the method of claim 6, wherein causing delivery of the one or more transactional items to the second user comprises: causing display of an emoticon that indicates item transactions of the one or more transactional items (Sirota: “after determining that a user has indicated, via a messaging platform, that a gift is to be sent to a recipient, one or more emojis can be presented via the graphical interface.” [0020] – “when a heart emoji is selected, jewelry, chocolates, flowers, or other romantic-minded gifts may be presented via the graphical interface.” [0021] – See Figures 1 & 3).
Regarding Claim 19, Sirota/Linden teach the method of claim 6, wherein the user profile view further comprises: at least one first interfacing object configured to receive the user input associated with the one or more status messages, wherein the at least one first interfacing object comprises a visual indicator indicating an interface associated with a transaction operation of the one or more transactional items; and at least one second interfacing object configured to receive a user input that causes display of an emoticon input interface associated with the one or more status messages (Sirota: “after determining that a user has indicated, via a messaging platform, that a gift is to be sent to a recipient, one or more emojis can be presented via the graphical interface.” [0020] – “when a heart emoji is selected, jewelry, chocolates, flowers, or other romantic-minded gifts may be presented via the graphical interface.” [0021] – See Figures 1 & 3).
Regarding Claim 20, the limitations of Claim 20 are closely parallel to the limitations of Claim 6, with the additional limitation of a non-transitory computer-readable storage medium storing instructions that, when executed by a processor, cause the processor to perform steps (Sirota: [0106], Claim 14), and are rejected on the same basis.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Sirota, in view of Linden, and further in view of Jiao et al (US 20140316937 A1), hereinafter Jiao.
Regarding Claim 8, Sirota/Linden teach the method of claim 6, further comprising: in response to receiving a user input selecting the second profile item:
displaying, via the user profile view, an emoticon input object comprising a plurality of emoticons (Sirota: “after determining that a user has indicated, via a messaging platform, that a gift is to be sent to a recipient, one or more emojis can be presented via the graphical interface. These emojis can include a determination for the user such as asking the user to decide which sentiment they would like to share.” [0020], Figure 1);
but does not teach in response to receiving a user input selecting a first emoticon from among the plurality of emoticons: transmitting, to a server, a request to transmit the first emoticon to the second computing device; and causing the first computing device to display the first emoticon at predetermined coordinates within the user profile view.
However, Jiao teaches an electronic gifting method (Jiao: Abstract) including, in response to receiving a user input selecting a first emoticon from among the plurality (Jiao: “brings up a Gift Keyboard or collection of Gift Characters which are defined as: a) an image or moving image which attaches monetary value corresponding to a real redeemable gift, b) an image or moving image which communicate visually the intrinsic and emotional value of a gift for electronic messages and documents.” [0026] – See Fig. 3A – “FIG. 4A shows the user inputting a more specific Gift Character from the Gift Keyboard.” [0081]) of emoticons:
transmitting, to a server, a request to transmit the first emoticon to the second computing device (Jiao: “the Gift Keyboard confirms a desire on the gift giver's side to purchase the gift indicated by the Gift Character for a selected contact through pressing a send button as one would when sending any text message or emoticon” [0012] – “If the transaction gets approval from the payment provider, 130, the Prezto Servers, 110 will charge the gift giver's credit card for the specific Gift Character, which the gift giver has chosen. The Prezto Servers, 110, will then deliver the Gift Character containing a code to store monetary value or activate monetary payout to merchants…to the gift recipient's portable electronic device” [0076-0077]); and
causing the first computing device to display the first emoticon at predetermined coordinates within the user profile view (Jiao: “Once the purchase is confirmed, the text message is sent with an image or moving image of the gift to the gift recipient's phone as shown in FIG. 6. The gift recipient receives the image or moving image of the gift on her portable electronic device. FIG. 7 shows the gift recipient's side—which receives that Gift Character instantly via SMS/MMS, email or other social network platforms in electronic message form. ” [0083], Figs. 4& 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Sirota/Linden would continue to teach displaying, via the user profile view, an emoticon input object comprising a plurality of emoticons, except that now it would also teach in response to receiving a user input selecting a first emoticon from among the plurality of emoticons: transmitting, to a server, a request to transmit the first emoticon to the second computing device; and causing the first computing device to display the first emoticon at predetermined coordinates within the user profile view, according to the teachings of Jiao. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to simplify the gift giving process (Jiao: [0005]).
Regarding Claim 9, Sirota/Linden/Jiao teach the method of claim 8,
wherein a reception record of emoticons, transmitted via the second profile item of the profile view of the second user displayed on computing devices of other users including the first user, is displayed via a profile view of the second user displayed on the second computing device (Jiao: “Once the purchase is confirmed, the text message is sent with an image or moving image of the gift to the gift recipient's phone as shown in FIG. 6. The gift recipient receives the image or moving image of the gift on her portable electronic device. FIG. 7 shows the gift recipient's side—which receives that Gift Character instantly via SMS/MMS” [0083] – As illustrated in Figures 6-7, a record of sent messages and emoticons is displayed in association with the recipient’s profile/message thread to each user involved, including both the sender and recipient.), and
wherein the reception record of emoticons includes a reception record of the first emoticon (Jiao: “Once the purchase is confirmed, the text message is sent with an image or moving image of the gift to the gift recipient's phone as shown in FIG. 6. The gift recipient receives the image or moving image of the gift on her portable electronic device. FIG. 7 shows the gift recipient's side—which receives that Gift Character instantly via SMS/MMS” [0083] – As illustrated in Figures 6-7, the first emoticon is recorded in the view of each user.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jiao with Sirota/Linden for the reasons identified above with respect to claim 8.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but are not persuasive.
Claim Rejections – 35 USC § 101
Applicant argues “the claims are not directed to certain methods of organizing human activity,” arguing that the claims instead “recite a hyper-specific flow via which interactions in an instant messenger application can be used to ultimately permit purchases and transactions that cause display of graphical elements,” and that “the mere idea that the claims somehow relate to humans does not doom these claims to being directed to organizing humans,” and instead “requires specific computing devices, a specific flow of data, and the like.”
Examiner disagrees, and notes with reference to the rejection above that the claims are not found to be directed to an abstract idea simply because they “somehow relate to humans;” rather, the claims recite a series of steps which amount to a concept for personalized gifting, except for the recitation of additional elements as analyzed in subsequent steps of the 101 analysis. This concept falls within the Commercial Interactions and Managing Personal Behavior Or Relationships Or Interactions Between People subgroupings of Certain Methods of Organizing Human Activity, similar to the examples provided in MPEP 2106.04.
Applicant argues that “the claims implement any such abstract idea into a practical application,” arguing that steps such as analyzing text data using an NLP algorithm to determine semantic intent “cannot be performed by a computer” [Applicant appears to mean that this step cannot be performed by a human.] and that this is “a technical process that can transform a status message which might be unstructured…into semantic intent.” Applicant contends that “this improves computers in that it enables computers to perform steps (e.g. understanding the intent of a status message and acting thereon) that is not normally performed by a computer. Applicant further argues that “the result of the claimed steps is that the computer is able to do something…that is hard for computers, even if it is easy for a human,” with reference to McRO.
Examiner disagrees. As acknowledged by Applicant, the abstract idea identified is “easy for a human;” the additional elements , considered alone or in combination, do not detail how the computer is improved in order to perform the abstract idea, but are invoked as mere instructions to apply the abstract idea to a technological environment, providing only a general linking to computer technology [MPEP 2106.05(f)]. For instance, the argued step of extracting semantic intent from text is a manual, abstract process, except for instructions to “apply it” to an algorithm recited at a high level of generality. At best, these additional elements provide only the improved speed or efficiency inherent to a generic computer, which does not integrate the abstract idea into a practical application [MPEP 2106.05(a)].
Applicant argues that the claims amount to significantly more than the abstract idea, arguing that recited steps “specifically involve[] display of information in a manner that is far more than the process of organizing humans,” with “the combination of specific features recited in the present claims amount[ing] to significantly more than the alleged abstract idea.”
Examiner disagrees. As discussed in the rejection above, and similar to the analysis under Prong 2, the additional elements amount to mere instructions to apply the abstract idea to a technological environment, providing only a general linking to computer technology [MPEP 2106.05(f)], with the argued limitations being part of the abstract idea except for this general linking to chatrooms or IM technology.
Claim Rejection – 35 USC §103
Applicant argues that “none of the cited references teach, disclose, or otherwise suggest at least” the newly recited steps of the claim. In particular, Applicant argues that Linden does not describe “even a chatroom interface.” Applicant argues that the dependent claims are similarly allowable at least for their dependence on the amended independent claims.
Examiner disagrees. Sirota teaches a system and method for user messaging, in which, in a text message or social media app, a user’s message is detected that corresponds to an event [0029], such as through a hashtag indicating a birthday or milestone event [0044]. The system displays this message in a social media application or communication interface [0049,0059], which displays the message, information noting the event, and a plurality of interactive elements, including one that allows initiation of a gifting transaction based on the detected event [0044], Figures 2, 11. The system analyzes the text of the post or message to determine the context/intent, such as an indication of a birthday [0029,0044], queries a database to retrieve matching gift options [0049-0050] that are based on the event context [0029], and presents them to the sender/user for selection [0050]. The user selects one of these gift options [0051] and a transaction payment is performed through interaction with a third-party payment-processing computer [0054]. The paid-for gift is transmitted to the recipient through the platform through which the users are communicating and presented [0055]. The gift, which is affiliated with a particular service-provider account such as a merchant [0032, 0036], is shown in the chat space/message thread between the multiple users, as illustrated in Figures 4-5. While Sirota teaches that the messaging platform handles social media postings or other correspondence, including text messages [0026], it does not specifically teach that the messenger application is an instant messenger application, or that the text data is analyzed using a natural language processing (NPL) algorithm. However, Linden teaches online gifting techniques (Linden: Abstract), including that the communication method can be instant messaging, such as SMS or any other messaging technique [0045], and that the text of the eventual recipient’s message can be analyzed using NLP specifically to detect events/intent [0048].
In other words, Sirota teaches a chatroom in the form of a messaging thread between multiple users, where a particular messaging space keeps a record of the conversation and facilitates presentation of the gift item to the recipient as part of the chat/conversation between the multiple users. Figures 4 & 5 in particular illustrate that this gift is presented “as a message” in this chat space and that the gift corresponds to a particular service provider, e.g. a gift card for a particular merchant. Linden is not relied upon to teach the argued limitation, but just to specifically recite that this text-message may be instant messaging and that the language being semantically analyzed can be done with an NLP algorithm.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mayblum et al (US 20160005028 A1) teaches gifting within a text-message conversation, including the use of emoticons.
DeMattei (US 9639861 B2) teaches gifting within an instant-messaging conversation, including location-restriction on media gifts that can be sent.
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.
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/T.J.S./Examiner, Art Unit 3689
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689