DETAILED ACTION
This is in reference to communication received 17 October 2025. Addition of claim 26 is acknowledged. Claims 1 – 26 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 – 26 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, representative of claims 23 and 25, 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 enabling a merchant to provide their campaign parameters for an advertising campaign for rendering advertising content during the campaign (e.g., a merchant/advertiser providing targeting parameters for an advertising campaign) to be presented to plurality of users, and visualization of the campaign is presented to the user, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising). Therefore, under Step 2A, Prong One, the claims recite a judicial exception.
Claim 1 further recites during the campaign, user engagement data associated with the campaign is received, analyzed and analytic visualization of the received data associated with the campaign is generated, and the merchant is enabled to modify the parameters associated with the campaign. Based upon the modifications made by the merchant, said advertising campaign is updated, subsequent to which updated advertising campaign is presented to users can be retrieved and presented to the user (e.g., merchant/advertiser) , which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. updating of advertising campaign parameters). Therefore, under Step 2A, Prong One, the claims recite a judicial exception
Next, the aforementioned claims recite additional functional elements that are associated with the judicial exception, including: when a merchant enters their advertising campaign parameters using a provided graphical user interface, merchant entered campaign parameters are transmitted for rendering during the marketing campaign, wherein the advertising content to be rendered is presented to users in an virtual-reality format and providing display of interactive elements, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (gathering data related to user input). Therefore, under Step 2A, Prong One, the claims recite a judicial exception.
Represented claims 23 and 25, which do recite statutory categories (machine, product of manufacture, for example), the same analysis as above applies to these claims since the method steps are the same. However, the judicial exception is not integrated into a practical application. These claims add the generic computer components (additional elements) of a system comprising one or more hardware processors and a memory (claim 23), and a non-transitory machine-readable medium comprising instructions that when executed by a processor of a machine cause the machine to perform the method addressed above (claim 25).
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 – 22, 24 and 26, dependent on the aforementioned independent claims, 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 descriptions of various data, considering of targeting parameters during the campaign, what data elements will be presented to the user, criteria that will be considered for collection of engagement data, enabling user to modify campaign targeting criteria, defining that data collected will additionally include scanning of RFID or QR-Code by the user and their GPS location coordinates. 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 – 26 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 – 25 are rejected under 35 U.S.C. 103 as being unpatentable over Kalb et al. US Publication 2012/0179536 in view of Tatzel et al. US Publication 2014/0100994.
Regarding claim 23, and representative claims 1 and 25, Kalb teaches system and method and scalable software as service platform for advertisers, advertising agencies and publishers to monitor and measure the performance of any off-line advertisement and in any media and in real-time and/or with sufficient feedback to allow modification and adjustment of campaign adverts and parameters for more efficient performance [Kalb, 0037].
Kalb does not teach virtual-reality campaign, however, Tatzel teaches system and method that enables the ability to view an augmented reality depiction of a shopping display using the mobile device and to execute various "e-commerce" functions accessible via the augmented reality depiction [Kalib, 0005]. Tatzel further recites a commercial entity can make available information to an augmented reality shopping backend 114 can optionally push links to be advertised on websites of these search engine website such that upon selection of such a link by a consumer user, the local client shopping application 110 can open with relevant product(s) on the consumer user mobile device 102 [Tatzel, 0054].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Kalb by adopting teachings of Tatzel and expand their advertising services for online advertising to provide user(s) ability to view an augmented reality depiction of a shopping display using the mobile device and to execute various "e-commerce" functions accessible via the augmented reality depiction.
Kalb in view of Tatzel teaches computer-based system and method for deploying an interactive virtual-reality campaign [Tatzel, 0054] and monitoring analytics associated with the campaign (Kalb, The present disclosure describes various embodiments of a system and method for improved advertising using embedded surveys and ad monitoring, analytical analysis of ad effectiveness, all followed by improved performance feedback and especially centralized means to manage and control and to optimize the advertising campaign) [Kalb, 0089], the system comprising:
a computing device accessible to a merchant (Kalb, An exemplary RTOO system may include: (1) a short code interface module, (2) a media channels interface module, (3) a vendor/merchant or advertising body user interface module ….) [Kalb, 0094];
one or more user devices [Kalb, 0094]; and
one or more processors coupled to one or more memory devices, wherein the one or more memory devices include instructions that when executed by the one or more processors [Kalb, 0182] cause the computer-based system to:
display, on the computing device, a graphical user interface (Kalb, FIG. 16 shows a representative screen layout for entry of an off-line ad as a member of a campaign as part of the off-line ad option of the graphical user interface for the RTOO system in accordance with an embodiment of the present invention) [Kalb, 0067];
detect a first user input on the graphical user interface, wherein the first user input specifies an interactive activity associated with the campaign
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[Kalb, Fig. 17 and associated disclosure];
detect a second user input on the graphical user interface, wherein the second user input specifies one or more of a time metric, a location metric, a display metric, and a reward metric (Kalb, RTOO system permits the vendor or advertiser to attach incentives or virtual coupons to their ads) [Kalb, 0042; also see Fig. 6D];
transmit, based on the first user input and the second user input, one or more campaign instructions for rendering a virtual-reality visualization [Tatzen] associated with the campaign on the one or more user devices (Kalb, the creator or user can indicate the type of text marketing message that is being sent as well as the message itself. For example, is the text message can be for a promotion, discount, game, vote, or coupon. The user can configure the start and end date for the text message, and physically attach the creative content from this location in the software) [Kalb, 0152];
displaying, on the one or more devices, the virtual-reality visualization associated with the campaign [Tatzel, Fig. 12 and associated disclosure];
receive, from the one or more user devices, user engagement data associated with the campaign based on user engagement with the virtual-reality visualization (Kalb, FIG. 10 shows a cost per click report, FIG. 11 shows a representative screen layout for a keyword performance report, FIG. 12 shows a representative screen layout for a demographic breakdown report, and FIG. 13 shows a representative screen layout for a breakdown by metro region report generated by the real-time analysis module 360 of the RTOO system) [Kalb, 0136]; and
generate, using the graphical user interface, one or more analytics visualizations associated with the campaign based on the user engagement data (Kalb, FIG. 10 shows a cost per click report, FIG. 11 shows a representative screen layout for a keyword performance report, FIG. 12 shows a representative screen layout for a demographic breakdown report, and FIG. 13 shows a representative screen layout for a breakdown by metro region report generated by the real-time analysis module 360 of the RTOO system) [Kalb, 0136];
detecting a third user input on the graphical user interface, wherein the third user input modifies at least one of the interactive activity, the time metric, the location metric, the display metric, or the reward metric based on the user engagement data (Kalb, ad campaign optimization further takes the captured feedback and organizes summaries of customer preferences in ranked order lists for display to the vendor. Then, based on the vendors selection of changes in ad schedule and coverage, the RTOO system displays the updated cost and graphs showing running and immediate tallies of campaign cost; and permits the vendor or advertiser to attach incentives or virtual coupons to their ad;) [Kalb, 0042];
transmitting, based on the third user input, one or more campaign instructions for updating the virtual-reality visualization associated with the campaign on the one or more user devices (Kalb, RTOO system then performs the synchronization with remote servers of the media providers to permit accounting for incentive sharing.) [Kalb, 0042]; and
displaying, on the one or more user devices, the updated virtual-reality visualization associated with the campaign (Kalb, The modification can include channels of delivery, times of day, change of creative, change of location, and the like. After changing the advert campaign, monitoring continues at step 3002.) [Kalb, 0179].
Regarding claim 2, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the interactive activity comprises one or more of: interacting with an icon, playing a virtual-reality game, collecting a virtual-reality reward, viewing an advertisement, visiting a map location, scanning a visual code, responding to a poll, and responding to a quiz (Tatzel, Many game developers are utilizing the concept of in-game advertising to advertise real world merchandise. In other implementations of the current subject matter, in-game advertising can be linked with features of an augmented reality shopping program) [Tatzel, 0067].
Regarding claim 3, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the interactive activity is associated with a real-world location (Tatzel, a location of the mobile device 102 can be determined as well as a direction and angle in which the camera of the mobile device 102 (hereinafter referred to as a "mobile device camera") is directed, a vertical height of the mobile device 102, and the like. One or more of such parameters can be used to determine how a two dimensional augmented reality shopping view 202 displayed to the user by the screen 108 of the mobile device 102 is properly mapped to an augmented three dimensional model of a specific shopping display 104 at which the mobile device camera is directed) [Tatzel, 0091].
Regarding claim 4, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method further comprising:
detecting a fourth user input on the graphical user interface, wherein the fourth user input specifies a target demographic of the campaign (Kalb, Good or service providers attempt to improve their chances of getting in front of the target populations with their desired demographics by mounting a multi-pronged advertising campaign) [Kalb, 0014].
Regarding claim 5, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein transmitting the one or more campaign instructions for rendering the virtual-reality visualization associated with the campaign on the one or more user devices comprises transmitting, based on the first user input, the second user input, and the fourth user input, the one or more campaign instructions (Kalb, the creator or user can indicate the type of text marketing message that is being sent as well as the message itself. For example, is the text message can be for a promotion, discount, game, vote, or coupon. The user can configure the start and end date for the text message, and physically attach the creative content from this location in the software) [Kalb, 0152] for rendering the virtual-reality visualization associated with the campaign to one or more user devices associated with the target demographic [Tatzel, Fig. 12 and associated disclosure].
Regarding claim 6, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the time metric comprises one or more of: a daypart, a campaign start date, a campaign end date, a campaign start time, a campaign end time, a reward collection start time, and a reward collection end time [Kalb, Fig. 10 and associated disclosure].
Regarding claim 7, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the location metric comprises one or more of: a map location, a merchant location, a visit limit for a location, a reward limit for a location, a latitude, a longitude, and a radius for reward collection [Kalb, Fig. 13 and associated disclosure].
Regarding claim 8, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the display metric comprises one or more of: an icon representing the campaign, text representing the campaign, an icon representing the activity, text representing the activity, a visual code, a notification, a countdown for a time limit, a timer, and a map [Kalb, Fig. 13 and associated disclosure].
Regarding claim 9, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the reward metric comprises one or more of: a reward type, a reward trigger, a follow-up reward, a reward price, a reward quantity, a reward to be provided to a user based on past purchasing behavior of the user, and a conversion rate between rewards and currency [Kalb, Fig. 23 and associated disclosure].
Regarding claim 10, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the virtual-reality visualization associated with the campaign comprises at least a portion of one or more of: an advertisement, a map, a user icon, a merchant icon, a virtual-reality game, a poll, a quiz, a virtual-reality scavenger hunt, an interactive character, a collectible item, a digital wallet, a currency icon, a reward icon, a collectible icon, and a coupon [Tatzel, Fig. 2c and associated disclosure].
Regarding claim 11, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the second user input specifies an image to be uploaded, and wherein the image represents one or more of the campaign and a reward associated with the campaign (Kalb, The user performs an initialize campaign process 720. This allows the user to name the off-line advertising campaign that is delivering the text message to viewers and enter the various adverts which will constitute the campaign by performing the necessary number of enter advert processes 730. This is the process that assists the user with upload and entry of the actual ad media into the multi-media advert database within the RTOO data center 45) [Kalb, 0121].
Regarding claim 12, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method further comprising: updating one or more of the time metric, the location metric, the display metric, and the reward metric based on the user engagement data (Kalb, in order to optimize the campaign, the method for campaign update makes use of the real-time analytics process 440 based on analysis of real-time viewer feedback. … The user then can use the system of the present disclosure to perform a change advert channel process 821, change advert location process 822, change advert schedule process 823, change advert creative process 824, or change advert text message process 825) [Kalb, 0126].
Regarding claim 13, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method further comprising:
detecting a fifth user input on the graphical user interface, wherein the fifth user input is associated with selecting an analytics visualization of the one or more analytics visualizations associated with the campaign; and displaying, on the computing device accessible to the merchant, the selected analytics visualization based on the fifth user input [Kalb, Fig. 10-13 and associated disclosure].
Regarding claim 14, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the one or more analytics visualizations comprise one or more of: a map, a graph, a table, a list, and a statistic [kalb, Fig. 13 and associated disclosure].
Regarding claim 15, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the user engagement data comprises one or more of: user time data, user location data, user purchase data, and user reward data [Kalb, Fig. 13 and associated disclosure].
Regarding claim 16, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method,. The method of claim 15, wherein the user time data comprises one or more of: time spent at a map location, frequency of visits to the map location, time spent walking between map locations, and time spent engaging with the interactive activity associated with the campaign (Tatzel, It can also be useful to understand pedestrian traffic flow between stores and other retailer locations in a given area (e.g. the routes taken, the average time spent in front of a given window, or the like) as well as the duration of a consumer's attention being directed at a given product in a shopping window or perhaps which product in the store had the largest amount of attention from a single or multiple potential buyers) [Tatzel, 0077].
Regarding claim 17, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the user location data comprises one or more of: number of visits to a map location, number of visits to new locations, and ratio of new visits to returning visits (Tatzel, It can also be useful to understand pedestrian traffic flow between stores and other retailer locations in a given area (e.g. the routes taken, the average time spent in front of a given window, or the like) as well as the duration of a consumer's attention being directed at a given product in a shopping window or perhaps which product in the store had the largest amount of attention from a single or multiple potential buyers) [Tatzel, 0077].
Regarding claim 18, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the user purchase data comprises one or more of: number of purchases at a map location, total profit from the purchases, and average cost of the purchases [Kalb, Fig. 13 and associated disclosure].
Regarding claim 19, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the user reward data comprises one or more of: number of rewards awarded, number of the rewards left over, type of the rewards awarded, and value of the rewards awarded (Kalb, Count of Latte) [Kalb, Fig. 23, Fig.10 and associated disclosure].
Regarding claim 20, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method further comprising: detecting a sixth user input on the graphical user interface, wherein the sixth user input is associated with inputting a user access credential of the merchant; and verifying the access level of the merchant (Kalb, creator or manufacturer, vendor, or advertising body employs the user interface software to first register and create an account within the real-time off-line ad campaign optimization system. This will involve some form of secure identification that can be used for future login verification. Once a user is registered within the system, in the future, they can login and upon authentication of their identity through an authentication process 710 can create an advertising campaign to increase awareness or sales of a product or service) [Kalb, 0120].
Regarding claim 21, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method further comprising: if the access level exceeds a threshold access level, displaying, on the computing device accessible to the merchant, one or more additional analytics visualizations associated with a plurality of interactive virtual-reality campaigns (Kalb, FIG. 24 shows that a field with which keeps track of total messages can be used to allow the user to set the number of messages to the campaign will be run until reached. The messages used will display a running tally of responses received to date. Alternatively these fields could signify the various number of alternative text messages that are associated with the same key word) [Kalb, 0155].
Regarding claim 22, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the one or more additional analytics visualizations comprise one or more of: a budget breakdown for each campaign of the plurality of interactive virtual-reality campaigns, identifying information associated with the one or more user devices, a list of transactions associated with each campaign of the plurality of interactive virtual-reality campaigns, summary statistics for the plurality of interactive virtual-reality campaigns, and a ranking of the plurality of interactive virtual-reality campaigns [Kalb, Fig. 20 and associated disclosure].
Regarding claim 24, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, wherein the one or more user devices comprise one or more processors coupled to one or more memory devices, wherein the one or more memory devices include instructions that when executed by the one or more processors cause the one or more user devices to:
receive the one or more campaign instructions for generating the virtual-reality visualization [Tatzel teaches virtual-reality images that can be used in advertising campaigns) associated with the campaign (Kalb, the creator or user can indicate the type of text marketing message that is being sent as well as the message itself. For example, is the text message can be for a promotion, discount, game, vote, or coupon. The user can configure the start and end date for the text message, and physically attach the creative content from this location in the software) [Kalb, 0152];
render, based on the one or more campaign instructions, an interactive virtual-reality environment comprising the virtual-reality visualization [Tatzel, Fig. 2B and associated disclosure];
collect, based on user engagement with the virtual-reality visualization, the user engagement data associated with the campaign (Kalb, as the customer 2 responds to the advertisements by making a purchase 280 or sending a short code text message 290, the disclosed system collects the purchase data 25) [Kalb, 0113]; and
transmit, to the computing device, the user engagement data associated with the campaign (Kalb, FIG. 10 shows a cost per click report, FIG. 11 shows a representative screen layout for a keyword performance report, FIG. 12 shows a representative screen layout for a demographic breakdown report, and FIG. 13 shows a representative screen layout for a breakdown by metro region report generated by the real-time analysis module 360 of the RTOO system) [Kalb, 0136].
Regarding claim 26, as combined and under the same rationale as above, Kalb in view of Tatzel teaches system and method, further comprising:
receiving, from the one or more user devices, a collection indication specifying a quick response code or a radio frequency identification (RFID) tag was scanned at a specified location using the one or more user devices, wherein the specified location is indicated via interactions between the one or more user devices and a global positioning system (GPS) beacon (Tatzel, the consumer user can enter a location code into the mobile device. The location code can optionally include an image of a quick response (QR) code or some other scannable pattern or design captured by the camera of the mobile device 102. Alternatively, a textual code or other information can be entered by the consumer user into mobile device 102 for transmission to the backend server.) [Tatzel, 0040, 0034].
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because amended invention does not certain methods of organizing human activity and does not recite an abstract idea 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 to in Rejection under 35 USC 101 section.
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because amended invention recites improvement to the display of interactive elements in a VR environment 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 to in Rejection under 35 USC 101 section.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach amended invention is acknowledged and considered.
However, applicants arguments are directed to amended invention which have been responded in response to pending claimed invention in Rejection Under 35 USC 101 section.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Collins et al. US Publication 2008/0097813 teaches system and method for optimizing advertisement campaigns according to advertiser specified business objectives.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ilana Spar can be reached at 571.270.7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NARESH VIG/Primary Examiner, Art Unit 3622
January 21, 2026