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 12/30/2025. Claims 1-8, 10, 12-16, and 20 are amended. Claims 1-8, and 10-20 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 1-8, and 10-20 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) 14 is/are drawn to method (i.e., a process), claim(s) 1, and 20 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 1, 14, and 20 is/are drawn to one of the statutory categories of invention.
Claims 1-8, and 10-20 are directed to detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. Specifically, claim(s) 1, 14, and 20 recite(s) perform a positioning measurement or a sensing measurement for a set of object surrounding the UE; detect based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object; select at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; select a set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object; and output, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters, 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, grouped as following:
perform a positioning measurement or a sensing measurement for a set of object surrounding the UE; detect based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
select at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
select a set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object; and output, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
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 apparatus, wireless communication, memory, processor, user equipment (UE) 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 apparatus, wireless communication, memory, processor, user equipment (UE) perform(s) the steps or functions of perform a positioning measurement or a sensing measurement for a set of object surrounding the UE; detect based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object; select at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; select a set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object; and output, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters. 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 apparatus, wireless communication, memory, processor, user equipment (UE) to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. As discussed above, taking the claim elements separately, the apparatus, wireless communication, memory, processor, user equipment (UE) perform(s) the steps or functions of perform a positioning measurement or a sensing measurement for a set of object surrounding the UE; detect based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object; select at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; select a set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object; and output, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters. 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 detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. 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 2-8, 10-13, and 15-19 further describe the abstract idea of detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. Claim(s) 2-8, 10-13, and 15-19 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 apparatus, wireless communication, memory, processor, user equipment (UE), display, sensor, camera to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. As discussed above, taking the claim elements separately, the apparatus, wireless communication, memory, processor, user equipment (UE), display, sensor, camera perform(s) the steps or functions of display the at least one advertisament using at least one video if the at least one object is detected to be dynamic; or display the at least one advertisement using at least one static image if the at least one object is detected to be static; track a movement of the at least one object; and modify the output of the at least one advertisement based on the tracked movement of the at least one object; wherein to modify the output of the at least one advertisement based on the tracked movement of the at least one object, is configured to: display a relative direction between the at least one object and a location associated with the at least one advertisement based on the movement of the object; outputting the at least one advertisement, wherein the selection is based on at least one of the detected relative location or the detected relative orientation of the at least one object; perform a positioning measurement or a sensing measurement for a set of objects surrounding; and determine a presence of the at least one object in the set of objects based on the positioning measurement or the sensing measurement; wherein to output, the at least one advertisement using the selected set of parameters, is configured to: output, a first advertisement in the at least one advertisement based on at least one of a first location or a first orientation of a first object in the at least one object; and output, a second advertisement in the at least one advertisement based on at least one of a second location or a second orientation of a second object in the at least one object; wherein the selection of the at least one advertisement in the set of advertisements or the selection of the set of parameters for outputting the at least one advertisement is further based on at least one of: a time of a day, a weather condition, an environmental condition, or a lighting condition; receive a user input or a user desire to at least one advertisement, wherein the output of the at least one advertisement is further based on the user input or the user desire; obtain profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information. 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 detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. 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 detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. 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.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5, 9-10, 14, 16, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burckart et al. (U.S. Patent Application Publication No. 20110093330).
Regarding Claim 1, Burckart teaches an apparatus for wireless communication at a user equipment (UE), comprising:at least one memory; and (0037: memory),at least one processor (0041: processor) coupled to the at least one memory, the at least one processor, is configured to:perform, via at least one sensor or at least one camera, a positioning measurement or a sensing measurement for a set of objects surrounding the UE; (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength),detect, based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object with respect to the UE; (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength),select at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; (0011: The advertising controller selects an advertisement related to the destination of the proximate vehicle. For example, the selected advertisement may be associated with a place of business, an activity, or another advertising purpose that is located at or near the destination. The advertising controller displays the selected advertisement on an external advertising display associated with the advertising vehicle.),select a set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object; and (0011: The advertising controller selects an advertisement related to the destination of the proximate vehicle. For example, the selected advertisement may be associated with a place of business, an activity, or another advertising purpose that is located at or near the destination. The advertising controller displays the selected advertisement on an external advertising display associated with the advertising vehicle.),output, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters; (0011: selecting and displaying advertising associated with the destination of the proximate vehicle, advertising presented on the advertising display panel(s) may be targeted to the destination of the occupants of the proximate vehicle.).
Regarding Claim 3, Burckart teaches the apparatus of claim 1, wherein to select the set of parameters for outputting the at least one advertisement based on the relative location and the detected relative orientation of the at least one object, the at least one processor, is configured to:select the set of parameters for outputting the at least one advertisement based on a distance of the at least one object from the UE, a movement of the at least one object with respect to the UE; (0017: The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle), a movement of the at least one object with respect to the UE, a height of the at least one object with respect to the UE, or a motion state associated with the UE; (0017: The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength.).
Regarding Claim 5, Burckart teaches the apparatus of claim 1, wherein the at least one processor, is further configured to: detect whether the at least one object is static or dynamic, wherein to output the at least one advertisement using the selected set of parameters, the at least one processor, is configured to: display the at least one advertisement using at least one video if the at least one object is detected to be dynamic; or display the at least one advertisement using at least one static image if the at least one object is detected to be static; (0014: The advertising controller may determine this associated revenue value. The advertising controller may select one or more of the associated advertisements with a highest revenue value or highest combination of revenue values. Advertisements may be periodically changed and a static or a changing group of selected advertisements may be iteratively shown and/or changed to further enhance revenue potential for the advertising vehicle and businesses associated with the destination of the proximate vehicle.).
Regarding Claim 10, Burckart teaches the apparatus of claim 1, wherein to output, via the at least one display associated with the UE, the at least one advertisement using the selected set of parameters, the at least one processor, is configured to:output, via a first display in the at least one display, a first advertisement in the at least one advertisement based on at least one of a first location or a first orientation of a first object in the at least one object; and output, via a second display in the at least one display, a second advertisement in the at least one advertisement based on at least one of a second location or a second orientation of a second object in the at least one object; (0059: determines a second or additional destination associated with another of the one or more of the proximate vehicle(s), such as a subset of the proximate vehicle(s), the process 400 may select and display advertisements associated with the second or additional destination. For example, where one of the advertising displays is viewable by occupants of a subset (e.g., one) of the proximate vehicle(s), and a second of the advertising displays is viewable by occupants of a second subset (e.g., one) of the proximate vehicle(s), the process 400 may display an advertisement associated with the respective destinations to the respective occupants. Many other variations on the present subject matter are possible and all are considered within the scope of the present subject matter).
Regarding Claim 14, Burckart teaches a method of wireless communication at a user equipment (UE), comprising:performing, via at least one sensor or at least one camera, a positioning measurement or a sensing measurement for a set of obi ects surrounding the UE: (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength),detecting, based on the positioning measurement or the sensing measurement, (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength),a relative location and a relative orientation of at least one object with respect to the UE; (0007: an implementation of an advertising controller that is capable of performing peer vehicle adaptive destination-based mobile advertising according to an embodiment of the present subject matter), and (0011: An advertising controller associated with an advertising vehicle determines a destination of a vehicle proximate to the advertising vehicle. The advertising controller determines the destination of the proximate vehicle by wireless communication with a compatible advertising or other controller associated with the proximate vehicle or associated with the destination, and may be based upon positional data associated with the destination of the proximate vehicle, such as global positioning system (GPS) coordinates, an address, or other indicia associated with the destination), selecting at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; (0011: The advertising controller selects an advertisement related to the destination of the proximate vehicle. For example, the selected advertisement may be associated with a place of business, an activity, or another advertising purpose that is located at or near the destination. The advertising controller displays the selected advertisement on an external advertising display associated with the advertising vehicle.), selecting a set of parameters for outputting the at least one advertisement based on the detected relative location and the relative orientation of the at least one object; and (0011: The advertising controller selects an advertisement related to the destination of the proximate vehicle. For example, the selected advertisement may be associated with a place of business, an activity, or another advertising purpose that is located at or near the destination. The advertising controller displays the selected advertisement on an external advertising display associated with the advertising vehicle.),outputting, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters; (0011: selecting and displaying advertising associated with the destination of the proximate vehicle, advertising presented on the advertising display panel(s) may be targeted to the destination of the occupants of the proximate vehicle.).
Regarding Claim 15, Burckart teaches the method of claim 14, wherein the set of parameters for outputting the at least one advertisement includes at least one of:a display size for the at least one advertisement, an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement; (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength.).
Regarding Claim 16, Burckart teaches the method of claim 14, wherein selecting the set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object comprises: selecting the set of parameters for outputting the at least one advertisement based on a distance of the at least one object from the UE, a movement of the at least one object with respect to the UE, and at least one of: a height of the at least one object with respect to the UE, or a motion state associated with the UE; (0017: The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength.).
Regarding Claim 17, Burckart teaches the method of claim 14, further comprising:detecting whether the at least one object is static or dynamic, wherein outputting the at least one advertisement using the selected set of parameters comprises:displaying the at least one advertisement using at least one video if the at least one object is detected to be dynamic; or displaying the at least one advertisement using at least one static image if the at least one object is detected to be static; (0014: The advertising controller may determine this associated revenue value. The advertising controller may select one or more of the associated advertisements with a highest revenue value or highest combination of revenue values. Advertisements may be periodically changed and a static or a changing group of selected advertisements may be iteratively shown and/or changed to further enhance revenue potential for the advertising vehicle and businesses associated with the destination of the proximate vehicle.).
Regarding Claim 20, Burckart teaches an apparatus for wireless communication at a user equipment (UE), comprising:means for performing, via at least one sensor or at least one camera, a positioning measurement or a sensing measurement for a set of objects surrounding the UE: (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength),means for detecting, based on the positioning measurement or the sensing measurement, (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength),means for selecting at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; (0011: The advertising controller selects an advertisement related to the destination of the proximate vehicle. For example, the selected advertisement may be associated with a place of business, an activity, or another advertising purpose that is located at or near the destination. The advertising controller displays the selected advertisement on an external advertising display associated with the advertising vehicle.), means for selecting a set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object; and (0011: The advertising controller selects an advertisement related to the destination of the proximate vehicle. For example, the selected advertisement may be associated with a place of business, an activity, or another advertising purpose that is located at or near the destination. The advertising controller displays the selected advertisement on an external advertising display associated with the advertising vehicle.),means for outputting, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters; (0011: selecting and displaying advertising associated with the destination of the proximate vehicle, advertising presented on the advertising display panel(s) may be targeted to the destination of the occupants of the proximate vehicle.).
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
A. Claim(s) 4, 6-8, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burckart et al. (U.S. Patent Application Publication No. 20110093330) in view of Lee et al., (U.S. Patent Application Publication No. 20210125227).
As to Claim 4, Burckart teaches the apparatus of claim 1.
Burckart does not teach wherein the at least one processor, is further configured to:identify, via the at least one sensor or the at least one camera, a set of features related to the at least one object, wherein the selection of the set of parameters for outputting the at least one advertisement is further based on the identified set of features.
However Lee teaches wherein the at least one processor, is further configured to:identify, via the at least one sensor or the at least one camera, a set of features related to the at least one object, wherein the selection of the set of parameters for outputting the at least one advertisement is further based on the identified set of features; (0172: The object detection device 210 can generate information about objects outside the vehicle 10. Information about an object can include at least one of information on presence or absence of the object, positional information of the object, information on a distance between the vehicle 10 and the object, and information on a relative speed of the vehicle 10 with respect to the object. The object detection device 210 can detect objects outside the vehicle 10. The object detection device 210 may include at least one sensor which can detect objects outside the vehicle 10. The object detection device 210 may include at least one of a camera, a radar, a lidar, an ultrasonic sensor and an infrared sensor. The object detection device 210 can provide data about an object generated on the basis of a sensing signal generated from a sensor to at least one electronic device included in the vehicle.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein the at least one processor, is further configured to: identify, via the at least one sensor or the at least one camera, a set of features related to the at least one object, wherein the selection of the set of parameters for outputting the at least one advertisement is further based on the identified set of features of Lee. Motivation to do so comes from the knowledge well known in the art that wherein the at least one processor, is further configured to: identify, via the at least one sensor or the at least one camera, a set of features related to the at least one object, wherein the selection of the set of parameters for outputting the at least one advertisement is further based on the identified set of features would provide a sensor that would gather more information about the surroundings and that would help provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 6, Burckart teaches the apparatus of claim 1.
Burckart does not teach wherein the at least one processor, is further configured to: track a movement of the at least one object; and modify the output of the at least one advertisement based on the tracked movement of the at least one object.
However Lee teaches wherein the at least one processor, is further configured to: track a movement of the at least one object; and modify the output of the at least one advertisement based on the tracked movement of the at least one object; (0027: display mounted in the AV, and wherein the advertisement displayed on the display may be changed to another advertisement in a predetermined period based on ambient information.), and (0033: obtain ambient information related to an ambient environment of a current lane where the AV is driving, set an order of priority for lanes in which the AV is drivable based on the ambient information, and drive the AV in a driving lane set based on the order of priority.), and (0356: When there are two left-turn lanes, the vehicle may take advantage of the driver's tendency to look in the direction the vehicle drives by driving in the leftmost lane. Thus, the vehicle may efficiently provide advertisements to the drivers of vehicles driving in the lane to the right of the leftmost lane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein the at least one processor, is further configured to: track a movement of the at least one object; and modify the output of the at least one advertisement based on the tracked movement of the at least one object of Lee. Motivation to do so comes from the knowledge well known in the art that wherein the at least one processor, is further configured to: track a movement of the at least one object; and modify the output of the at least one advertisement based on the tracked movement of the at least one object would help provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 7, Burckart teaches the apparatus of claim 6.
Burckart and Lee further teaches wherein to modify the output of the at least one advertisement based on the tracked movement of the at least one object, the at least one processor, is configured to:display a relative direction between the at least one object and a location associated with the at least one advertisement based on the movement of the object; (0356: When there are two left-turn lanes, the vehicle may take advantage of the driver's tendency to look in the direction the vehicle drives by driving in the leftmost lane. Thus, the vehicle may efficiently provide advertisements to the drivers of vehicles driving in the lane to the right of the leftmost lane) and (0357: When there are two or more left-turn lanes but no sidewalk, the first lane is not always set as the driving lane. For example, referring to FIG. 19B, the advertising vehicle may drive in the first lane according to the method described above in connection with FIG. 19A while controlled to change the driving lane depending on the conditions of the ambient lanes. For example, when a plurality of vehicles A1, A2, A3, and A4 park in the first lane, and one vehicle A5 parks at the front of the second lane, the advertising vehicle ADV may shift to, and drive in, the second lane. In this case, the plurality of vehicles A1, A2, A3, and A4 parking in the first lane may be advertisees (or advertisee vehicles) on the left side of the advertising vehicle ADV. Vehicles A6 and A7 parking in the third lane may also be advertisees (or advertisee vehicles) on the right side of the advertising vehicle ADV. In this case, the position of the advertising vehicle and the congestion of vehicles in the ambient lanes, as well as the gaze directions of the drivers of the ambient vehicles, may be taken into account in determining the driving lane of the advertising vehicle as described above in connection with FIG. 19A. According to an embodiment of the present disclosure, the advertising vehicle may be controlled to change the area of advertisement as the congestion of vehicles in the ambient lanes varies after the driving lane is determined. For example, if after the advertising vehicle ADV changes from the first lane to the second lane, other vehicles park behind the advertising vehicle ADV in the example of FIG. 19B, the processor may control a rear display of the advertising vehicle ADV to display advertisements).
As to Claim 8, Burckart teaches the apparatus of claim 1.
Burckart does not teach wherein to output, via the at least one display associated with the UE, the at least one advertisement using the selected set of parameters, the at least one processor, is configured to:select the at least one display from multiple displays for outputting the at least one advertisement, wherein the selection is based on at least one of the detected relative location or the detected relative orientation of the at least one object.
However Lee teaches wherein to output, via the at least one display associated with the UE, the at least one advertisement using the selected set of parameters, the at least one processor, is configured to:select the at least one display from multiple displays for outputting the at least one advertisement, wherein the selection is based on at least one of the detected relative location or the detected relative orientation of the at least one object; (0356: When there are two left-turn lanes, the vehicle may take advantage of the driver's tendency to look in the direction the vehicle drives by driving in the leftmost lane. Thus, the vehicle may efficiently provide advertisements to the drivers of vehicles driving in the lane to the right of the leftmost lane) and (0357: When there are two or more left-turn lanes but no sidewalk, the first lane is not always set as the driving lane. For example, referring to FIG. 19B, the advertising vehicle may drive in the first lane according to the method described above in connection with FIG. 19A while controlled to change the driving lane depending on the conditions of the ambient lanes. For example, when a plurality of vehicles A1, A2, A3, and A4 park in the first lane, and one vehicle A5 parks at the front of the second lane, the advertising vehicle ADV may shift to, and drive in, the second lane. In this case, the plurality of vehicles A1, A2, A3, and A4 parking in the first lane may be advertisees (or advertisee vehicles) on the left side of the advertising vehicle ADV. Vehicles A6 and A7 parking in the third lane may also be advertisees (or advertisee vehicles) on the right side of the advertising vehicle ADV. In this case, the position of the advertising vehicle and the congestion of vehicles in the ambient lanes, as well as the gaze directions of the drivers of the ambient vehicles, may be taken into account in determining the driving lane of the advertising vehicle as described above in connection with FIG. 19A. According to an embodiment of the present disclosure, the advertising vehicle may be controlled to change the area of advertisement as the congestion of vehicles in the ambient lanes varies after the driving lane is determined. For example, if after the advertising vehicle ADV changes from the first lane to the second lane, other vehicles park behind the advertising vehicle ADV in the example of FIG. 19B, the processor may control a rear display of the advertising vehicle ADV to display advertisements).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein to output, via the at least one display associated with the UE, the at least one advertisement using the selected set of parameters, the at least one processor, individually or in any combination, is configured to:select the at least one display from multiple displays for outputting the at least one advertisement, wherein the selection is based on at least one of the detected relative location or the detected relative orientation of the at least one object of Lee. Motivation to do so comes from the knowledge well known in the art that wherein to output, via the at least one display associated with the UE, the at least one advertisement using the selected set of parameters, the at least one processor, individually or in any combination, is configured to:select the at least one display from multiple displays for outputting the at least one advertisement, wherein the selection is based on at least one of the detected relative location or the detected relative orientation of the at least one object would provide a sensor that would gather more information about the surroundings and that would help provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 12, Burckart teaches the apparatus of claim 1.
Burckart does not teach wherein the at least one processor, is further configured to: receive a user input or a user desire to display the at least one advertisement, wherein the output of the at least one advertisement is further based on the user input or the user desire.
However Lee teaches wherein the at least one processor, is further configured to: receive a user input or a user desire to display the at least one advertisement, wherein the output of the at least one advertisement is further based on the user input or the user desire; (0248: S115 is a personal content provision scenario. The display system 350 can receive user personal data through the input device 310 or the communication device 330. The display system 350 can provide content corresponding to the user personal data.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein the at least one processor, is further configured to: receive a user input or a user desire to display the at least one advertisement, wherein the output of the at least one advertisement is further based on the user input or the user desire of Lee. Motivation to do so comes from the knowledge well known in the art that wherein the at least one processor, is further configured to: receive a user input or a user desire to display the at least one advertisement, wherein the output of the at least one advertisement is further based on the user input or the user desire would provide a sensor that would gather more information about the surroundings and that would help provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 18, Burckart teaches the method of claim 14.
Burckart does not teach further comprising:tracking a movement of the at least one object; and modifying the output of the at least one advertisement based on the tracked movement of the at least one object.
However Lee teaches further comprising:tracking a movement of the at least one object; and modifying the output of the at least one advertisement based on the tracked movement of the at least one object; (0027: display mounted in the AV, and wherein the advertisement displayed on the display may be changed to another advertisement in a predetermined period based on ambient information.), and (0033: obtain ambient information related to an ambient environment of a current lane where the AV is driving, set an order of priority for lanes in which the AV is drivable based on the ambient information, and drive the AV in a driving lane set based on the order of priority.), and (0356: When there are two left-turn lanes, the vehicle may take advantage of the driver's tendency to look in the direction the vehicle drives by driving in the leftmost lane. Thus, the vehicle may efficiently provide advertisements to the drivers of vehicles driving in the lane to the right of the leftmost lane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include further comprising:tracking a movement of the at least one object; and modifying the output of the at least one advertisement based on the tracked movement of the at least one object of Lee. Motivation to do so comes from the knowledge well known in the art that further comprising:tracking a movement of the at least one object; and modifying the output of the at least one advertisement based on the tracked movement of the at least one object would help provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
B. Claim(s) 2, 11, 13, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burckart et al. (U.S. Patent Application Publication No. 20110093330) in view of Dawes et al., (U.S. Patent Application Publication No. 20200380934).
As to Claim 2, Burckart teaches the apparatus of claim 1.
Burckart does not teach wherein the set of parameters for outputting the at least one advertisement includes at least one of:an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement.
However Dawes teaches wherein the set of parameters for outputting the at least one advertisement includes at least one of:an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement; (0027: The brightness level to which the display screen is adjusted to may be determined based on the measurements taken by sensor devices 208a and 208b. For example, the advertisement personalization system may contain predetermined brightness settings associated with certain ranges of currents generated by photodiodes within sensor devices).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein the set of parameters for outputting the at least one advertisement includes at least one of: an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement of Dawes. Motivation to do so comes from the knowledge well known in the art that wherein the set of parameters for outputting the at least one advertisement includes at least one of: an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement would provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 11, Burckart teaches the apparatus of claim 1.
Burckart does not teach wherein the selection of the at least one advertisement in the set of advertisements or the selection of the set of parameters for outputting the at least one advertisement is further based on at least one of:a time of a day, a weather condition, an environmental condition, or a lighting condition.
However Dawes teaches wherein the selection of the at least one advertisement in the set of advertisements or the selection of the set of parameters for outputting the at least one advertisement is further based on at least one of:a time of a day, a weather condition, an environmental condition, or a lighting condition; (0027: the advertisement format of advertisement 206a is determined based on information captured from sensors 208a and 208b about environment 202a. In some embodiments, the advertisement formatting includes the brightness level of the display screen on cargo container 204. Brightness indicator 212a reflects a 75% maximum brightness level for the display screen on which advertisement 206a is displayed. Sensor devices 208a and 208b may include video cameras and photodiode arrays, which capture information about the presence of the audience within vehicle 210, their position and viewing angle relative to the rear display screen of cargo container 204, and the amount of sunlight incoming towards the rear display screen. For example, environment 202a, indicative of sunny weather at 2:50 PM, prevents the audience of vehicle 210 from properly seeing advertisement 206a in the absence of proper advertisement formatting (e.g., an incoming ray of sunlight is reflecting off of the rear display screen and is preventing the audience within vehicle 210 from properly seeing the screen). In response to receiving a large amount of current generated by the photodiode arrays of sensors 208a and 208b, the control circuitry of the advertisement personalization system may determine there is a glare caused by the large amount of incoming sunlight. To remove the interference from the glare, the advertisement personalization system may alter the formatting of the advertisement by raising the brightness level of the display screen. The brightness level to which the display screen is adjusted to may be determined based on the measurements taken by sensor devices 208a and 208b. For example, the advertisement personalization system may contain predetermined brightness settings associated with certain ranges of currents generated by photodiodes within sensor devices.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein the selection of the at least one advertisement in the set of advertisements or the selection of the set of parameters for outputting the at least one advertisement is further based on at least one of:a time of a day, a weather condition, an environmental condition, or a lighting condition of Dawes. Motivation to do so comes from the knowledge well known in the art that wherein the selection of the at least one advertisement in the set of advertisements or the selection of the set of parameters for outputting the at least one advertisement is further based on at least one of:a time of a day, a weather condition, an environmental condition, or a lighting condition would provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 13, Burckart teaches the apparatus of claim 1.
Burckart does not teach wherein the at least one processor, is further configured to: obtain profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information.
However Dawes teaches wherein the at least one processor, is further configured to: obtain profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information; (0048: the advertisement personalization system uses the profile photo of an audience member to determine that the user is interested in the Eiffel Tower and determines that the advertisement content should include travel promotions for airlines traveling to Paris. In some embodiments, social media profile information includes scheduling information (e.g., an audience member has an upcoming dinner with a friend) and allows control circuitry to determine that the advertisement content should include a food item, restaurant location, a price of a food item, travel time necessary to arrive at the restaurant location, or any combination thereof).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein the at least one processor, is further configured to: obtain profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information of Dawes. Motivation to do so comes from the knowledge well known in the art that wherein the at least one processor, is further configured to: obtain profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information would provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 15, Burckart teaches the method of claim 4.
Burckart does not teach wherein the set of parameters for outputting the at least one advertisement includes at least one of:an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement.
However Dawes teaches wherein the set of parameters for outputting the at least one advertisement includes at least one of:an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement; (0027: the advertisement format of advertisement 206a is determined based on information captured from sensors 208a and 208b about environment 202a. In some embodiments, the advertisement formatting includes the brightness level of the display screen on cargo container 204. Brightness indicator 212a reflects a 75% maximum brightness level for the display screen on which advertisement 206a is displayed. Sensor devices 208a and 208b may include video cameras and photodiode arrays, which capture information about the presence of the audience within vehicle 210, their position and viewing angle relative to the rear display screen of cargo container 204, and the amount of sunlight incoming towards the rear display screen. For example, environment 202a, indicative of sunny weather at 2:50 PM, prevents the audience of vehicle 210 from properly seeing advertisement 206a in the absence of proper advertisement formatting (e.g., an incoming ray of sunlight is reflecting off of the rear display screen and is preventing the audience within vehicle 210 from properly seeing the screen). In response to receiving a large amount of current generated by the photodiode arrays of sensors 208a and 208b, the control circuitry of the advertisement personalization system may determine there is a glare caused by the large amount of incoming sunlight. To remove the interference from the glare, the advertisement personalization system may alter the formatting of the advertisement by raising the brightness level of the display screen. The brightness level to which the display screen is adjusted to may be determined based on the measurements taken by sensor devices 208a and 208b. For example, the advertisement personalization system may contain predetermined brightness settings associated with certain ranges of currents generated by photodiodes within sensor devices.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include wherein the set of parameters for outputting the at least one advertisement includes at least one of:an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement of Dawes. Motivation to do so comes from the knowledge well known in the art that wherein the set of parameters for outputting the at least one advertisement includes at least one of:an amount of information to be displayed for the at least one advertisement, a font size for the at least one advertisement, a set of colors to be used for the at least one advertisement, a display brightness for the at least one advertisement, or a display angle for the at least one advertisement would provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
As to Claim 19, Burckart teaches the apparatus of claim 14.
Burckart does not teach obtaining profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information.
However Dawes teaches obtaining profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information; (0048: the advertisement personalization system uses the profile photo of an audience member to determine that the user is interested in the Eiffel Tower and determines that the advertisement content should include travel promotions for airlines traveling to Paris. In some embodiments, social media profile information includes scheduling information (e.g., an audience member has an upcoming dinner with a friend) and allows control circuitry to determine that the advertisement content should include a food item, restaurant location, a price of a food item, travel time necessary to arrive at the restaurant location, or any combination thereof).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Burckart to include obtaining profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information of Dawes. Motivation to do so comes from the knowledge well known in the art that obtaining profile information of at least one second UE, wherein the at least one second UE is within a same ecosystem of the UE, wherein the output of the at least one advertisement is further based on the profile information would provide an advertisement that the user would be interested in which would increase the likelihood that the user will review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable and more accurate.
NPL Reference
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Displays on Wheels: New Developments in Automotive Exterior Displays” describes “The idea of attaching a sign or image to a vehicle probably dates back to some ancient Roman merchant who decorated his delivery wagon, but it wasn’t until the 21st century that exterior vehicle signage went digital. And now, the emergence of new technologies such as e-paper displays and smart glass have expanded the options for exterior automotive displays. In particular, the rise of autonomous vehicles is spurring a need for new communication mechanisms between the car and other vehicles and pedestrians around it. The first electronic vehicle displays showed up on taxis, with panels installed on the taxi roof called “car tops” for obvious reasons. At first, they were very basic, consisting of a single printed panel with a backlight. The design then progressed to simple LED arrays that could show different messages in alphanumeric text, and then to LCD display panels. In 2014, “smart” displays were introduced that could show dynamic images and video content. Today’s smart car-tops are integrated with more sophisticated controllers that can do “hyper targeting”—changing display content dynamically based on real-time triggers such as location, weather, and live events.”.
Pertinent Art
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#20230396958 teaches similar invention which describes aspects presented herein may improve the performance of mobile/computer applications. Aspects presented herein may enable mobile/computer applications to differentiate entities that are associated with UEs or entities running the navigations applications, thereby enabling the mobile/computer applications (or their associated servers) to have a more accurate understanding of the conditions surrounding the UEs and their users. In one aspect, a network node obtains first information including at least one feature associated with a plurality of devices. The network node selects a first subset of the plurality of devices for a measurement based on the at least one feature associated with the plurality of devices (or the network node may exclude a second subset of the plurality of devices from the measurement).
Response to Arguments
8. Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
A. Applicant argues that the amendments should overcome the 101 rejection. Examiner respectfully disagrees. As for Step 2A Prong One, of the Abstract idea is directed towards the abstract idea of detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters 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).
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 detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters does not add technical improvement to the abstract idea. The recitations to “apparatus, wireless communication, memory, processor, user equipment (UE)” perform(s) the steps or functions of perform a positioning measurement or a sensing measurement for a set of object surrounding the UE; detect based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object; select at least one advertisement in a set of advertisements based on the relative location and the relative orientation of the at least one object; select a set of parameters for outputting the at least one advertisement based on the relative location and the relative orientation of the at least one object; and output, via at least one display associated with the UE, the at least one advertisement using the selected set of parameters. 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.
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 detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters 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 “apparatus, wireless communication, memory, processor, user equipment (UE)” 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 detect location and orientation of an object with respect to user equipment and output an advertisement via display based on parameters. 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.
B. Applicant argues that the references do no teach perform, via at least one sensor or at least one camera, a positioning measurement or a sensing measurement for a set of objects surrounding the UE; and based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object with respect to the UE.
Examiner respectfully disagrees. Burckart teaches the above limitations as following: perform, via at least one sensor or at least one camera, a positioning measurement or a sensing measurement for a set of objects surrounding the UE; (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength),detect, based on the positioning measurement or the sensing measurement, a relative location and a relative orientation of at least one object with respect to the UE; (0017: The advertising controller may further determine a distance from the advertising vehicle to one or more proximate vehicles. The advertising controller may adjust a selected advertisement for at least one of a displayed portion of the advertisement and a displayed size for the advertisement based upon the determined distance from the advertising vehicle to the proximate vehicle. The advertising controller may determine the distance from the advertising vehicle to the proximate vehicle, for example, by receiving positional data associated with the proximate vehicle. The positional data may include, for example, data such as GPS coordinates of the proximate vehicle, coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle, or other positional data as appropriate for a given implementation. The advertising controller may calculate the distance based upon a difference between the positional data (e.g., GPS coordinates of the proximate vehicle and GPS coordinates of the advertising vehicle, triangulation coordinates derived by triangulation between multiple wireless communication towers to identify an approximate location of the proximate vehicle and the advertising vehicle, or other positional data as appropriate for a given implementation). The advertising controller may also and/or alternatively determine the distance from the advertising vehicle to the proximate vehicle by determining a received signal strength associated with signaling received from the proximate vehicle via an inter-vehicle wireless network and calculating the distance based upon the received signal strength).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Conclusion
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B