DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 20, 2026 has been entered.
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.
The claims herein are directed to a method and system which would be classified under one of the listed statutory classifications (i.e., 2019 Revised Patent Subject Matter Eligibility Guidance (hereinafter “PEG”) “PEG” Step 1=Yes). Claims 1 - 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s) the following limitations that are considered to be abstract ideas:
Claims 1 ,9 and 17
receiving gaze data, the gaze data including point-of- view image data
detecting at least one occurrence that a physical space is visible in the point-of-view image data wherein the physical space is detected based on a shape of the physical space and a geographic location of the user;
identifying at least one time associated with the at least one occurrence in the point of view image data;
in response to determining that the physical space is not included in a database as a space available for content placement, determining a value for the physical space based on the at least one occurrence and the at least one time; and
providing an indication of the value and the physical space available for content placement.
The limitations of independent claim 1 as detailed above, as drafted, falls within the “Certain Method of Organizing Human Activity” grouping of abstract ideas namely “commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations;) because the claims disclose receiving gaze data, detecting a physical space(e.g. advertising) determining a value for said physical space and providing an indication of the value and the physical space.. Accordingly, the claims recite an abstract idea This judicial exception is not integrated into a practical application. In particular the claims recite the additional elements of:
using first and second wearable device,
outward-facing camera,
non-transitory computer readable medium,
computer readable storage media,
processor.
The aforementioned additional generic computing elements perform the steps of the claims at a high level of generality (i.e. As a generic medium performing generic computer function of receiving, detecting, determining, and providing such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to
amount to significantly more than the judicial exception. The claims does 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 a using first and second wearable device, outward-facing camera, non-transitory computer readable medium, computer readable storage media, processor amounts to no more than mere instruction 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 claim is not patent eligible. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of the computer or improves any other technology. Their collective functions merely provide generic computer implementation.
The dependent claims 2-8, 10-16, and 18-20, appear to merely further limit the
abstract and as such, the analysis of dependent claims 2-8, 10-16, and 18-20 results in the claims
“reciting” an abstract idea. The claims the claims do not recited additional elements that integrate
the exception into a practical application the additional elements do not amount to an inventive
concept (significantly more) other than the above-identified judicial exception (the abstract idea).
Thus, based on the detailed analysis above, claims 1-20 are not patent eligible.
Potentially Allowable Subject Matter
Claims 1-20 would be allowable if the applicant were to be able to overcome the 35 U.S.C 101 rejections above.
The following is a statement of reasons for the indication of allowable subject matter: In regards to claims 1-20, the closest prior art found by the examiner is the prior art of Jeong et al. (US 2010/0333020) which discloses, “[0080] When the time axis exists and is ascertained in 616, the landmark display apparatus 100 may check an event time of the landmark and display on the time axis in 618. However, when the time axis does not exist in the screen as a result of the ascertaining in 616, the landmark display apparatus 100 may display the landmark on the lifelog information in 620. Also, when the landmark is set to be displayed on the lifelog information even though the time axis exists as a result of the ascertaining in 616, the landmark display apparatus 100 may display the landmark on the lifelog information”. However, the Examiner was unable to find prior art for the limitations of claims 1, 9, and 17 that states, “a geographic location of the first wearable device or the second wearable device; identifying at least one time associated with the at least one occurrence in the point-of- view image data; in response to determining that the physical space is not included in a database as a space available for content placement, determining a value for the physical space based on the at least one occurrence and the at least one time; and providing an indication of the value and the physical space available for content placement..” Thus claims 1-20 would be allowable over the prior art.
Response to Arguments
Applicant's arguments filed February, 2025 have been fully considered but they are not persuasive. The applicant argues the 35 U.S.C 101 rejection that the claims solve a technical problem of identifying and valuing physical spaces not included in a database by aggregating multi-device gaze and geographic data, the Examiner respectfully disagrees the applicant has not provided a citation from the applicant’s specification (as stated in the previous Final Rejection office action (11/24/2026)) that identifies a technical problem and explains the details of an unconventional technical solution expressed in the claim, or identifies technical improvements realized by the claim over the prior art. MPEP 2106.05(a) Therefore this argument is moot. The applicant further argues the 101 rejection that the claims are similar to USPTO example 40, the Examiner respectfully the applicant’s claims are not analogous to example 40. Claim 40 based on the information from the background, still provided a technical problem and unconventional technical solution, which the applicant has not provided. Furthermore determining if something is in a database or not in a database is not equivalent in concept. An equivalent concept would be if the applicant had evidence that there was a specific improvement over prior systems, resulting in an improved database. Also the Examiner respectfully disagrees a human can definitely look at a space and make a special correlation.
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
The applicant does not appear to have limitations that are indicative of integration of a practical application, thus the 35 USC 101 is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARNELL A POUNCIL whose telephone number is (571)270-3509. The examiner can normally be reached Monday - Friday 10:00 - 6:00.
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/D.A.P/Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622