DETAILED ACTION
This is in reference to communication received 10 February 2026. Addition of claims 12 – 18 is acknowledged. Claims 1 – 9 and 11 – 18 are pending for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 9 and 11 – 18 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.
Independent claim 1 in part is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 1 recites invention directed to, subsequent to receiving a query from a user, received query is analyzed and a response comprising one or more (referral) links is generated and provided to the user. Links provided are tracked, when said user uses one of the provided link and performs as action, activity information associated with the link is received, compensation associated with said action is generated, and the referrer associated with the said link is provided compensation.
These limitations describe marketing/sales/advertising activities. providing response comprising referral links in response to the query from the user, tracking the usage of the provided link, calculating compensation based on the tracked usage of the link, providing compensation to the associated referrer would be part of function of marketing function wherein a marketing team (or person) providing referrer link in their content, tracking the activation of the referrer link, calculating and paying compensation to the referrer associated with the link.
In addition, the step of generating content, embedding referrer link in the content and providing content to the requesting user would be a marketing person performing their marketing activities by identifying referrers who can be associated with the received request, adding referral-links of the identified referrer with the content and providing the generated content as a response to the received query.
The aforementioned claims also recite additional technical elements including: “a database” for storing listings, “a computer or server” that executes specific instructions, “a generative artificial intelligence system comprising large language model” (software) which is trained using data specific to an application which is used to generate a link (e.g., a URL) and provide the generated link to a user who is interacting with the system, and find referral associated with the link. “a referral tracker” (e.g., an referring-entity-id) is used to associated user activity with the referrer associated with the referral-tracker to provide compensation to the referrer, and referral links will be periodically tested to identify malfunctioning link for alerting the administrator. These limitations are recited at a high level of generality, and appear to be nothing more than generic computer components. Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible.
The processor, memory, and non-transitory machine-readable medium are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the processor, memory, and non-transitory machine-readable medium amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
When taken as an ordered combination, nothing is added that is not already present when the elements are taken individually. When viewed as a whole, the marketing activities amount to instructions applied using generic computer components.
As for dependent claims 2 – 9 and 11 – 17, dependent on the aforementioned independent claim, and include all the limitations contained therein. These claims do not recite any additional technical elements, and simply disclose additional limitations that further limit the abstract idea with details regarding defining system prompt, defining contents of the listings, using click as an indicator of user activity, type of content, type of activity that the user can perform, defining that the link (URL) comprises destination web resources, and how the referrer will be compensated; defining that image like a QR-code will be used to represent the link, referrer matcher is configured to detect user input content from the user, links provided will be based on user sentiments, user identifiers will be anonymized to prevent exposure of their PII, process payment information and defining referral matching will be performed. Thus, the dependent claims merely provide additional non-structural (and predominantly non-functional) details that fail to meaningfully limit the claims or the abstract idea(s).
Therefore, claims 1 – 9 and 11 – 18 are not drawn to eligible subject matter, as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
Claims 1 – 7, 9, 11, 13 and 15 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Salta US Publication 2012/0046960 in view of Yu Wang published article “Large Language Model”, Modalyst published article “20+ Tips to Find Trending Products to Sell Online in 2020” and Dr. Link Check published article “Broken links are bad for business” hereinafter referred to as Link-Checker.
Regarding claim 1, Salta teaches system and method for Affiliate Marketing. Salta teaches system and method for registering an entity as an affiliate of a web merchant, obtaining a link pointing to the web merchant, providing the link to the user [Salta, Fig. 2 and associated disclosure], comprising:
a database comprising a plurality of listings, wherein each listing of said plurality of listings is associated with a referral program that provides compensation for referrals (Salta, this stage may be implemented by searching a data structure, such as a data base, for affiliated merchants that have characteristics similar to the characteristics for the destination website merchant's characteristics. For example, if the destination website is a book-selling website, then process 300 may query a database of affiliated merchants for those that are classified as types of book sellers. this stage may be implemented by searching a data structure, such as a database, for affiliated merchants that have characteristics similar to the characteristics for the destination website merchant's characteristics. For example, if the destination website is a book-selling website, then process 300 may query a database of affiliated merchants for those that are classified as types of book sellers) [Salta, 0045];
a computer or server that executes specific instructions to implement a referral tracker coupled to said database and to said generative artificial intelligence system, wherein said referral tracker is configured to
when said user uses a link of said one or more links, forward said user to said link destination (Salta, substitute URL 140 is used to transfer anyone using it (e.g., clicking on it) from intermediary website 130 to the appropriate web page of web merchant website 110 corresponding to original URL 120) [Salta, 0023]; and,
when said user performs an action at said link destination that corresponds to said referral program associated with said listing,
receive information about said action,
generate said compensation associated with said action,
record a transaction from said action, and
credit said compensation associated with said referral program to said referrer code of said link
(Salta, process 400 may receive data, such as benefits tracking reports, earned affiliate benefits statistics, or commission data 180, from a web merchant and analyze the data to determine the amount of benefits, (e.g., commission or merchandise awards) generated in association with a substitute link, such as substitute URL 140, that was directed (e.g., using an affiliate URL 170) to the web merchant's website) [Salta, 0056];
Salta in view of Wang does not explicitly teach identifying new items to add to the database. However, Modalyst teaches tools like Google-Trends lets you know what people are in your locality or around the world are looking for with its search engines. It displays the most popular search queries of the moment as well as over different periods from the past [Modalyst, page 2].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Salta in view of Wang by adopting teachings of Modalyst to sell products that are high in demand.
Salta in view of Wang and Modalyst teaches system and method, wherein said computer or server, via said generative artificial system, observes input content from said user and therefrom identifies new items to add to the database (Modalyst, tools like Google-Trends lets you know what people are in your locality or around the world are looking for with its search engines. It displays the most popular search queries of the moment as well as over different periods from the past [Modalyst, page 2], and
Salta in view of, Wang and Modalyst does not explicitly teach testing referral links periodically. However, Link-Check teaches non-working links are annoying and reflect poorly on your professionalism. They not only deter visitors from staying on and returning to your site, but they can also negatively impact your search engine ranks [Link-Check,, page 2].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Salta in view of, Wang and Modalyst by adopting teachings on Link-Check and subscribe to their Link checking services to improve user-experience and improve search engine ranks.
wherein said generative artificial intelligence system generates said one or more referral links based on one or more URL formatting templates or rules stored in said database, each template or each rule of said one or more URL formatting templates or rules identifying a technical requirement for URLs or encoded information for each merchant, product, service, brand, promotion, intermediary or type of reference made by the user (Salta, a stored amazon.com affiliate link, containing a tag field that identifies the affiliate as "edeem-20" may be: http://www.amazon.com/ gp/product/B000H49LXQ?ie=UTF8&tag=edeem-20&link Code=as2&camp=l 789&creative=9325&creativeASIN=B000H49LXQ.) [Salta, 0064],
wherein said computer or server is configured to, when said one or more referral links are generated, perform a lookup within the one or more URL formatting templates or rules to determine and execute an appropriate URL structure to successfully send the user to a merchant site with functioning tracking and attribution, such that the appropriate URL structure is constructed to send the user to a deep-link within the merchant site which corresponds with the type of reference made by the user (Salta, substitute URL 140 is used to transfer anyone using it ( e.g., clicking on it) from intermediary website 130 to the appropriate web page of web merchant website 110 corresponding to original URL 120.) [Salta, 0023],
Salta in view of Wang, Modalyst and Link-Checker teaches system and method, wherein said computer or server is configured to
test said one or more links periodically or continuously to ensure that URL formatting rules associated with said one or more links are functioning as intended (Link-Checker, beginning with a start URL, our bot crawls through the HTML and CSS of you entire website and examines all the links it can find) [Link-Checker, page 3], and
in an event of a malfunction, alert an administrator (Link-Check gives your report of the links that need your attention) [Link-Check, page 2].
Regarding claim 2, as combined and under the same rationale as above, Salta in view of Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence of, wherein said system prompt comprises one or more of a textual prompt; one or more invocations of an application programming interface provided by said generative artificial intelligence system; and, configuration of one or more parameters of said generative artificial intelligence system (Salta, intermediary website 130 proceeds to register as an affiliate in the affiliate marketing program of web merchant website 110 after receiving original URL 120, which identifies web merchant website 110. In either embodiment, intermediary website 130 may generate a substitute URL 140 that points or links to intermediary website 130 and may store information associating substitute URL 140 with user 100, original URL 120, and intermediary website 130's affiliate program membership with web merchant website 110) [Salta, 0021].
Regarding claim 3, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence, wherein each listing of said plurality of listings comprises one or more of a product, a service, a brand, a merchant, a name of a merchant, a name of a web site, a name of a product, a name of a service, a location, a review, a rating, a product number, a model number, a description, a picture, an image, a diagram, a barcode, a UPC number, an RF code, an activity, a keyword, a phrase, a product category, an SKU, an instruction, a suggestion, a solution, an information source, a person, an organization, a professional (Salta, a stored amazon.com affiliate link, containing a tag field that identifies the affiliate as "edeem-20" may be: http://www.amazon.com/ gp/product/B000H49LXQ?ie=UTF8&tag=edeem-20&link Code=as2&camp=l 789&creative=9325&creativeASIN=B000H49LXQ.) [Salta, 0064].
Regarding claim 4, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence, wherein said user uses said link of said one or more links comprises said user performs one or more of a tap, click, gesture, response, user interface interaction, verbal command (Salta, substitute URL 140 is used to transfer anyone using it ( e.g., clicking on it) from intermediary website 130 to the appropriate web page of web merchant website 110 corresponding to original URL 120) [Salta, 0023].
Regarding claim 5, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence, wherein said link is associated with one or more of text, image, photo, button, code, QR code, video (Salta, a stored amazon.com affiliate link, containing a tag field that identifies the affiliate as "edeem-20" may be: http://www.amazon.com/ gp/product/B000H49LXQ?ie=UTF8&tag=edeem-20&link Code=as2&camp=l 789&creative=9325&creativeASIN=B000H49LXQ.) [Salta, 0064].
Regarding claim 6, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence, wherein said action at said link destination comprises one or more of a click, view, visit, transaction, purchase, reservation, subscription, sign-up, submission, software installation, download, inquiry, content consumption, survey completion, participation in a digital interaction (Salta, process 400 may receive data, such as benefits tracking reports, earned affiliate benefits statistics, or commission data 180, from a web merchant and analyze the data to determine the amount of benefits, (e.g., commission or merchandise awards) generated in association with a substitute link, such as substitute URL 140, that was directed (e.g., using an affiliate URL 170) to the web merchant's website) [Salta, 0056].
Regarding claim 7, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence, wherein said link destination comprises one or more of a website, a software application, an e-commerce service, a recommendation service, a search engine, a merchant shopping cart, a mobile application, a computer application, a store, a redirector, a link-tracking service, an affiliate network, a video player, a coupon or coupon code, a promotion or promotion code, a discount code, a transaction code, a mapping service, a URL (Salta, Generated affiliate deep link http://www.amazon.com/gp/product/BOOOH49LXQ?ie=UTF8&tag=edeem-20&linkCode=as2&camp= 1 789&creative=9325&creativeASIN =B000H49LXQ.) [Salta, 0044].
Regarding claim 9, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence, wherein said one or more link destinations to prefer comprise said plurality of listings in said database (Salta, this stage may be implemented by searching a data structure, such as a data base, for affiliated merchants that have characteristics similar to the characteristics for the destination website merchant's characteristics. For example, if the destination website is a book-selling website, then process 300 may query a database of affiliated merchants for those that are classified as types of book sellers. this stage may be implemented by searching a data structure, such as a database, for affiliated merchants that have characteristics similar to the characteristics for the destination website merchant's characteristics. For example, if the destination website is a book-selling website, then process 300 may query a database of affiliated merchants for those that are classified as types of book sellers) [Salta, 0045].
Regarding claim, 11, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method that monetizes referrals created by generative artificial intelligence, wherein said performance metric comprises one or more of:
an amount of referral credit associated with each of said possible link destinations;
a price associated with each of said possible link destinations;
availability of product inventory associated with each of said possible link destinations;
availability of service capacity associated with each of said possible link destinations;
a transaction conversion rate associated with each of said possible link destinations;
a defined set of business logic associated with each of said possible link destinations;
a location associated with each of said possible link destinations;
a user preference associated with each of said possible link destinations;
a speed of fulfillment associated with each of said possible link destinations; and,
a review score, a popularity score or a rating score associated with each of said possible link destinations
[Salta, Fig. 6, and associated disclosure].
Regarding claim 13, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method, wherein the referral matcher is implemented as a virtual keyboard extension, application extension, messaging gateway, or operating system service configured to monitor user interface elements, including accessibility service events, to detect input content from the user (Salta, a stored amazon.com affiliate link, containing a tag field that identifies the affiliate as "edeem-20" may be: http://www.amazon.com/ gp/product/B000H49LXQ?ie=UTF8&tag=edeem-20&link Code=as2&camp=l 789&creative=9325&creativeASIN=B000H49LXQ.) [Salta, 0064].
Regarding claim 15, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method, wherein the generative artificial intelligence system further performs sentiment analysis and context analysis to determine whether a referral link should be inserted in the generated response (Salta, a tracking code "deem00123" may be assigned to the internet user who clicked on the substitute link and that code may be added to the affiliate link in a field or parameter called "tid" (tracking ID). In this example, the resulting affiliate link with tracking code may be: "http:// www.amazon.com/gp/product/ B000H49LXQ?ie=UTF8&tag=edeem-20&linkCode= as2&camp=l 789&creative=9325&creativeASIN=B000H 49LXQ&tid=deem00123." ) [Salta, 0065].
Regarding claim 16, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method, wherein sender and receiver identifiers are encoded or anonymized by a communication intermediary before being transmitted to the referral matcher, thereby preventing exposure of personally identifiable information (Salta, a tracking code "deem00123" may be assigned to the internet user who clicked on the substitute link and that code may be added to the affiliate link in a field or parameter called "tid" (tracking ID). In this example, the resulting affiliate link with tracking code may be: "http:// www.amazon.com/gp/product/ B000H49LXQ?ie=UTF8&tag=edeem-20&linkCode= as2&camp=l 789&creative=9325&creativeASIN=B000H 49LXQ&tid=deem00123." ) [Salta, 0065].
Regarding claim 17, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst and Link-Checker teaches system and method, wherein the computer further comprises a payment assistant configured to detect payment forms, populate payment fields with information retrieved from a payment methods database, and optionally generate single-use payment identifiers for secure transactions (Salta, an additional stage may be added after stage 440, in which process 400 pays the user associated with the substitute link according to the credited amount of benefit-generating activity by, for example, sending a check or cash card to the user or transferring cash to the user via online banking or via an online payment transfer provider, such as PayPal™. For yet another example, an additional stage may be added after stage 440, in which process 400 pays a designee (such as a charity or a relative) specified by the user associated with the substitute link according to the credited amount of benefit-generating activity.) [Salta, 0058].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Salta US Publication 2012/0046960 in view of Yu Wang published article “Large Language Model” and ClickCease – Fraud Detection & Protection Service, Modalyst published article “20+ Tips to Find Trending Products to Sell Online in 2020” and Dr. Link Check published article “Broken links are bad for business” hereinafter referred to as Link-Checker.
Regarding claim 8, Salta in view of, Wang, Modalyst and Link-Checker does not explicitly teach links to avoid. However, ClickCease teaches that “ClickCease is a click fraud detection, prevention and protection software as a service (Saas). We protect Google Adwords campaigns of Adwords click fraud with special unique detection algorithms. ClickCease offers detection of adwords click fraud and active protection by blocking fraudulent IPs automatically” [ClickCease, page 1].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Salta in view of, Wang, Modalyst and Link-Checker by adopting teachings of ClickCease to avoid blocked referral sites.
as combined and under the same rationale as above, Salta in view of, Wang, Modalyst, Link-Checker and ClickCease teaches system and method that monetizes referrals created by generative artificial intelligence, wherein said system prompt further comprises one or more of one or more link destinations to avoid for said one or more links generated by said generative artificial intelligence system (ClickCease, “ClickCease is a click fraud detection, prevention and protection software as a service (Saas). We protect Google Adwords campaigns of Adwords click fraud with special unique detection algorithms. ClickCease offers detection of adwords click fraud and active protection by blocking fraudulent IPs automatically” [ClickCease, page 1].
Claims 12, 14 and 18 is rejected under 35 U.S.C. 103 as being unpatentable over Salta US Publication 2012/0046960 in view of Yu Wang published article “Large Language Model” and ClickCease – Fraud Detection & Protection Service, Modalyst published article “20+ Tips to Find Trending Products to Sell Online in 2020” and Scanova published article “How to make QR Codes like a pro”.
Regarding claim 14, Salta in view of, Wang, Modalyst and Link-Checker does not teach QR code decoding. However, Scanova teaches QR-Codes (e.g., an image) can be used to bridge the gap between physical media and online content, and in context of marketing, a QR-code is almost always placed on printed campaign material.
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Salta in view of, Wang, Modalyst and Link-Checker by adopting teachings of Scanova to enable the user to purchase product or service promoted by an affiliate by scanning the printed QR-code on the printed advertising without user having to manually typing the text of affiliate’s link [Scanova, page 1].
as combined and under the same rationale as above, Salta in view of, Wang, Modalyst, Link-Checker and Scanova teaches system and method, wherein the generative artificial intelligence system further comprises image recognition, barcode scanning, QR code decoding, audio transcription, or video analysis to extract structured referral-related content [Scanova, page 1].
Regarding claim 12, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst, Link-Checker and Scanova teaches system and method, wherein said generative artificial intelligence system is further configured to analyze an image captured or provided by said user, detect one or more components within said image, and generate said one or more referral links based on recognized content within said image matched against said plurality of listings in said database (Scanova, A Dynamic QR Code stores only URLs compared to Static QR Codes. However, with a Dynamic QR Code, you can: Edit the target URL anytime Activate/deactivate the QR Code, Add password-protection, Track scanning activity and get analytics. Dynamic QR Codes encodes a short URL (provided by the QR Code generator) that redirects to the target URL. Marketers, who want flexibility with their campaigns, choose dynamic QR Codes over static ones.) [Scanova, page 7].
Regarding claim 18, as combined and under the same rationale as above, Salta in view of, Wang, Modalyst, Link-Checker and Scanova teaches system and method, wherein referral matching is performed in two stages, a first stage executed on the user device for local detection, and a second stage executed on an intermediate server that dynamically selects referral links based on real-time merchant bids, inventory availability, or performance metrics (Scanova, A Dynamic QR Code stores only URLs compared to Static QR Codes. However, with a Dynamic QR Code, you can: Edit the target URL anytime Activate/deactivate the QR Code, Add password-protection, Track scanning activity and get analytics. Dynamic QR Codes encodes a short URL (provided by the QR Code generator) that redirects to the target URL. Marketers, who want flexibility with their campaigns, choose dynamic QR Codes over static ones.) [Scanova, page 7].
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 1101 because claimed invention is not directed to an abstract idea because a specific machine is used and provides improvement in computer technology is acknowledged and considered.
However, upon further review, it is deemed that the claimed invention is not eligible for patent under 35 USC 101 and has been responded in Rejection under 35 USC 101 section.
Applicant’s arguments with respect to amended claims 1 – 9 and 11 have been considered but are moot because the new ground of in view of additional reference, Scanova published article “How to make QR Codes like a pro”.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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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/NARESH VIG/Primary Examiner, Art Unit 3622
May 26, 2026