DETAILED ACTION
This is in reference to communication received 10 February 2026. Claims 1 – 8 and 10 – 21 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 – 8 and 10 – 21 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 12 and 20, 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 generating of a user-interface with plurality of data entry fields which will be used to gather information like targeting parameters, content for a campaign, schedule for the campaign and clickable activation-buttons which can be used to gather user’s intent whether they want to activate their campaign, or, stop their campaign. When a request for a campaign is requested from a user, user is presented with plurality of campaign assets (e.g., images, logos, text) which can be used in their campaign, an development status of the plurality of campaign status. When the user activates the first flow using the activation-button, content associated with the campaign is activated and the content is transmitted to the target audience in accordance with the associated schedule over the associated-channel, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising). Therefore, the claimed invention recite a judicial exception.
In addition, claim 1 recites additional limitation wherein the first flow is customized flow from a user selection of a plurality of available flow selections that include a template, a blank flow, and an Einstein GPT provided for the user selection (applicant is provided with a list of selectable options only), however there is not customization of the first flow performed by the user which the user is activating. In the invention as currently claimed, user is performing any activity of customizing the first flow. It is deemed that the customized first flow was previously generated, and user is merely selecting the “activate button” presented to the user to indicate that they want to start the marketing campaign, as claimed is aptly categorized as a method of organizing human activity (i.e. advertising). Therefore, the claimed invention recite a judicial exception.
Represented claims 12 and 20, 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 12), 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 20).
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 – 8, 10 – 11, 13 – 19 and 21 these claims recite limitations that further define the same abstract idea with details regarding descriptions of data entry fields that will be defined in the user interface which will be used to gather information from the user and enable the user to generate a workflow; list of options that will be provided to users to make selection from; allowing user to create subsequent workflows; providing of contents to targeted audience using the technology required for the type of marketing campaign defined by the user (e.g., email. SMS, etc.); providing list of campaign assets to the user; when user makes a request for summary, summary report for the campaign is generated. 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 – 8 and 10 – 21 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 – 2, 4, 6, 10 – 15 and 18 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sundaram et al. US Publication 2017/0213242 in view of Knight et al. US Publication 2018/0276226 and Rachel Hakoune published article “Kanban methodology: everything you need to know”.
Regarding claim 1 and representative claims 12 and 20, Sundaram teaches system and method for running marketing campaign comprising:
at least one processor (Sundaram, Fig. 1, 2 and associated disclosure];
a display device (Sundaram, Fig. 1, 2 and associated disclosure]; and
at least one non-transitory machine-readable storage medium that stores instructions configurable to be executed by the at least one processor (Sundaram, Fig. 1, 2 and associated disclosure] for:
receiving a first target audience via the first audience field, first content via the first content field, and a first schedule via the first scheduling field (Sundaram, The method 50 begins at step 52 when a campaign specification is received by the one or more servers 12 from the client computer 18. The campaign specification specifies one or more attributes of the marketing campaign. The one or more attributes of the marketing campaign may include one or more of a campaign name, one or more campaign objectives, a tracking duration and a benchmark. In this manner, a campaign may be defined using a set of attributes such as, for example, a name, one or more objectives of the campaign, a tracking duration and a benchmark for comparison.) [Sundaram, 0041];
generating a first flow template user interface (UI) for development of a first flow of a campaign for display on a display device (Sundaram, The present invention provides action-based blueprint for total campaign mechanics in the form of easy-to-use templates with key defined attributes for flexible campaign configuration, and tailored, relevant individual experiences that target content by persona and/or individual behaviour and customize by demographics, relationship to the brand, communications preferences, and more.) [Sundaram, 0089] and comprises a first audience field, a first content field, a first scheduling field, and a first activation field including a first activation button to enable activation and deactivation of the first flow (Sundaram, The method 50 begins at step 52 when a campaign specification is received by the one or more servers 12 from the client computer 18. The campaign specification specifies one or more attributes of the marketing campaign. The one or more attributes of the marketing) [Sundaram, 0041]
receiving a first target audience via the first audience field, first content via the first content field, and a first schedule via the first scheduling field (Sundaram, The method 50 begins at step 52 when a campaign specification is received by the one or more servers 12 from the client computer 18. The campaign specification specifies one or more attributes of the marketing campaign. The one or more attributes of the marketing) [Sundaram, 0041];
Sundaram does not teach receiving a campaign asset request. However, Knight teaches the content distribution and measurement system and method that provides a customizable platform that provides a centralized content (or materials) library where users can organize and store content/materials, as well as complete campaigns, so users can find and manage such content/material easily and efficiently [Knight, 0052].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Sundaram in view of Jamison by adopting teachings of Knight to distribute and manage digital sales and/or marketing materials to existing or potential clients/customers.
Sundaram in view of Knight teaches system and method further comprising:
receiving a campaign asset request (Knight, block 310 receives selected Content Format 410 & Product Filters 412 from the administrator 210;) [Knight, 0065];
Sundaram in view of Knight does not teach displaying of status of plurality of campaign assets. However, Hakoune teaches Kanban is a popular project management framework used by agile teams to visualize workflow and maximize efficiency [Hakoune, page 1]. Hakoune further teaches A Kanban board consists of a series of cards and columns representing individual tasks and their stages. For example, stages could refer to the status of the task and be titled “pending,” “to-do,” “work in progress,” or “completed.” [Hakoune, page 3].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Sundaram in vies or Knight by adopting teachings of Hakoune to visualize project status and maximize efficiency.
Sundaram in view of Knight and Hakoune teaches system and method further comprising:
generating, by the processor, a campaign assets UI in response to the campaign asset request for display on the display device (Knight, First, at block 302 the CMS Logic 206 displays an Admin "Manage" page 400 (FIG. 4A) to be used by the Administrator 210 (FIG. 2), having a "Manage (your company content)" tab 402 active/selected for the Manage page 400 and having Area Tabs 404, such as Content Items 406, Pages 407, Categories 408, Users 409, other Area Tabs may be used if desired. The "Manage" tab 402 may only appear when the Admin. 210 is logged into the CMS system, and enables the administrator 210 to create the look and feel and data structure of the UPS for use by the users 210, 218.) [Knight, 0065], wherein the campaign assets UI comprises:
a plurality of campaign assets designated for use in the campaign, wherein the plurality of campaign assets are developed independently of the development of the first flow of the campaign [Knight, Fig. 4A and associated disclosure]; and
development statuses of the plurality of campaign assets, wherein individual development statuses are one of in progress and complete (Hakoune, A Kanban board consists of a series of cards and columns representing individual tasks and their stages. For example, stages could refer to the status of the task and be titled “pending,” “to-do,” “work in progress,” or “completed.”) [Hakoune, page 3];
receiving a first command to activate the first flow via the first activation button of the first flow template UI, wherein the first flow is customized flow from a user selection of a plurality of available flow selections that include a template, a blank flow, and an Einstein GPT provided for the user selection (Knight, The screen 729 in FIG. 71 depicts a calendar view of a campaign after the user has selected a launch date for the campaign. From this calendar view, the user can preview materials, delete and even reschedule individual pieces of the campaign from a preview window 730. Throughout the course of the campaign, users receive automated email reminders of campaign activity.) [Knight, 0114]; and
transmitting, by the processor, the first content to the first target audience via the first communication channel in accordance with the first schedule in response to activation of the first flow (Sundaram, The execution, based on the definition of the campaign, may be immediate. In one embodiment, the system 10 may trigger the campaign to run on a defined schedule at a later date or time or as a result of an external stimulus that has been defined and that the system 10 detects. The system 10 may leverage a Simple Mail Transfer Protocol (SMTP) server in the case of email campaigns and third-party service provider(s) in the case of mobile text messaging campaigns) [Sundaram, 0065].
Regarding claim 2 and representative claims 13 and 21, as combined and under the same rationale as above, Sundaram in view of Knight and Hakoune teaches system and method, further comprising:
generating a campaign initiation UI for display on the display device, the campaign initiation UI comprising a campaign owner field, a campaign name field, a campaign description field and a save/next button (Sundaram, The method 50 begins at step 52 when a campaign specification is received by the one or more servers 12 from the client computer 18. The campaign specification specifies one or more attributes of the marketing campaign. The one or more attributes of the marketing campaign may include one or more of a campaign name, one or more campaign objectives, a tracking duration and a benchmark. In this manner, a campaign may be defined using a set of attributes such as, for example, a name, one or more objectives of the campaign, a tracking duration and a benchmark for comparison.) [Sundaram, 0041];
populating the campaign owner field with a user-name associated with a user identifier used to access a campaign management system configured to generate the campaign initiation UI (as responded to above) [Sundaram, 0041];
receiving a campaign name via the campaign name field and a campaign description via the campaign description field (as responded to above) [Sundaram, 0041]; and
generating a flow creation selection UI for display on the display device responsive to selection of the save/next button, the flow creation selection UI comprising a plurality of flow creation options (Sundaram, Content for the campaign may be set up based on the channel selected. The flow for content creation may be channel specific. Once these are done, the campaign may be previewed and saved to be launched based on the triggers set. Advantageously, the system 10 provides the ability to set up a campaign based on a trigger, integrate external trigger sources to initiate campaigns, deliver the trigger based campaign across multiple channels, and internally aggregate recipient information from campaigns executed previously to make segmentation effective and feasible.) [Sundaram, 0063].
Regarding claim 4 and representative claim 14, as combined and under the same rationale as above, Sundaram in view of Knight and Hakoune teaches system and method, further comprising:
receiving a selection create from template option from the plurality of flow creation options via the flow creation selection UI; and generating a flow template selection UI comprising a plurality of flow templates in response to the selection of the create from template option for display on the display device (Sundaram, Content for the campaign may be set up based on the channel selected. The flow for content creation may be channel specific. Once these are done, the campaign may be previewed and saved to be launched based on the triggers set. Advantageously, the system 10 provides the ability to set up a campaign based on a trigger, integrate external trigger sources to initiate campaigns, deliver the trigger based campaign across multiple channels, and internally aggregate recipient information from campaigns executed previously to make segmentation effective and feasible.) [Sundaram, 0063].
Regarding claim 6 and representative claim 15, as combined and under the same rationale as above, Sundaram in view of Knight and Hakoune teaches system and method, further comprising:
receiving a selection of one of the plurality of flow templates via the flow template selection UI; and generating the first flow template UI for the development of the first flow in accordance with the selected one of the plurality of flow templates for display on the display device (Sundaram, Content for the campaign may be set up based on the channel selected. The flow for content creation may be channel specific. Once these are done, the campaign may be previewed and saved to be launched based on the triggers set. Advantageously, the system 10 provides the ability to set up a campaign based on a trigger, integrate external trigger sources to initiate campaigns, deliver the trigger based campaign across multiple channels, and internally aggregate recipient information from campaigns executed previously to make segmentation effective and feasible.) [Sundaram, 0063].
Regarding claim 10 and representative claim 18, as combined and under the same rationale as above, Sundaram in view of Knight and Hakoune teaches system and method, further comprising:
receiving a flow status request for the first flow; and generating a first flow status UI for the first flow for display on the display device, the first flow status UI comprising a source template and a status of the first flow as being one of active and inactive device (Hakoune, A Kanban board consists of a series of cards and columns representing individual tasks and their stages. For example, stages could refer to the status of the task and be titled “pending,” “to-do,” “work in progress,” or “completed.”) [Hakoune, page 3].
Regarding claim 11 and representative claim 19, as combined and under the same rationale as above, Sundaram in view of Knight and Hakoune teaches system and method, further comprising:
receiving a campaign summary request for the campaign; and generating a campaign summary UI in response to the campaign summary request, the campaign summary UI comprising a campaign monitoring section including a graphical representation of entries, active, and exit metrics associated with flows of the campaign and development statuses of the flows of the campaign, the flows of the campaign including the first flow (Sundaram, a reports module may provide four types of reports: a campaign summary report, a complete user analytics report, a benchmark report as well as a trend analysis report.) [Sundaram, 0036].
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Claims 1 – 2, 4, 6, 10 – 15 and 18 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sundaram et al. US Publication 2017/0213242 in view of Knight et al. US Publication 2018/0276226, Rachel Hakoune published article “Kanban methodology: everything you need to know” and Markus published article “The 25 Best Workflow Management Tools For Streamlining Work” hereinafter referred to as Markus.
Regarding claim 3, Sundaram in view of Knight and Hakoune does not teach plurality of workflow creating options. However, Markus teaches Workflow is a repeatable pattern of processes which are needed to complete a certain work related task. Workflow management tools are created for automating the patterns so they don’t have to be followed manually and more of your time can go into the actual processes.
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Sundaram in view of Knight and Hakoune by adopting teachings of Markus and use Workflow management tools improve efficiency, reduce operational costs, reduce team members’ workloads, and improve performance across the board.
as combined and under the same rationale as above, Sundaram in view of Knight, Hakoune and Markus teaches system and method, further comprising:, wherein the plurality of flow creation options comprise at least two of create from template option, create using Einstein GPT option, create from blank flow option, and install from package option (Markus, list of Tools) [Markus, page 2, 3].
Regarding claim 5. as combined and under the same rationale as above, Sundaram in view of Knight, Hakoune and Markus teaches system and method, further comprising:, wherein the plurality of flow templates comprises at least two of a blank flow, an autogenerated artificial intelligence (AI) flow, a single short message service (SMS) flow, a single email flow, a message series flow, an event sign up flow, a multi-channel flow, a lead campaign capture flow, a landing page signup flow, an abandoned cart flow, a newsletter flow, and a Trisha test flow (Markus, list of Tools) [Markus, page 2, 3]Official-Notice is taken that it is a business decision to decide what selectable options they want to present to the user to make selection from) [Official-Notice].
Claims 7 – 8 and 16 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sundaram et al. US Publication 2017/0213242 in view of Knight et al. US Publication 2018/0276226 and Rachel Hakoune published article “Kanban methodology: everything you need to know”and cFlow published article “Content Marketing Workflow: Mastering Content Management Like a Pro!” hereinafter referred to as cFlow.
Regarding claim 7 and representative claim 16, Sundaram in view of Knight and Hakoune does not explicitly teach generating flow template. However, cFlow teaches a content marketing workflow is a comprehensive approach involving a set of tasks to create, manage, and distribute content to engage targeted audiences to attract sales. cFlow further teaches that it is typically important to define a content marketing workflow template before the content for the project is even envisaged by your team.
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Sundaram in view of Knight and Hakoune by adopting teachings of cFlow to define a content marketing workflow template to enable users to assign task and process in a particular so that user does not get lost in the process while searching for what it means.
as combined and under the same rationale as above, Sundaram in view of Knight, Hakoune and cFlow teaches system and method, wherein the first flow template user interface (UI) comprises an add flow button and the method further comprises:
in response to activation of the add flow button:
generating a flow creation selection UI comprising a plurality of flow creation options for display on the display device (cFlow, Cflow, being an automated workflow solution provides a comprehensive and structured framework to strategically streamline your content marketing process) [Cflow, page 8];
receiving a selection create from template option from the plurality of flow creation options (cFlow, The drag-and-drop interface enables you to custom-build your workflows with ease. Building workflows is easier than planning your strategies when Cflow is in place.) [Cflow, page 8];
generating a flow template selection UI comprising a plurality of flow templates in response to the selection of the create from template option for display on the display device (cFlow, The rule-based workflows help you determine the scope of a particular role in a task. Every other task in content creation should be approved before being forwarded to the next phase to ensure that the draft is devoid of errors or any discrepancies) [cFlow, page 8];
receiving a selection of one of the plurality of flow templates; and generating a second flow template UI for the development of a second flow in accordance with the selected one of the plurality of flow templates for display on the display device (cFlow, you can even assign rules that can trigger a new workflow) [cFlow, page 8].
Regarding claim 8 and 17, as combined and under the same rationale as above, Sundaram in view of Sundaram in view of Knight, Hakoune and cFlow teaches system and method, further comprising:
generating the second flow template UI, wherein the second flow template UI is associated with a second communication channel (Sundaram, In the case of a mobile Short Message Service (SMS) campaign, the SMS content may be previewed through a test message before the content is sent) [Sundaram, 0051] and comprises a second audience field, a second content field, a second scheduling field (Sundaram, The method 50 begins at step 52 when a campaign specification is received by the one or more servers 12 from the client computer 18. The campaign specification specifies one or more attributes of the marketing campaign. The one or more attributes of the marketing) [Sundaram, 0041], and a second activation field including a second activation button to enable activation and deactivation of the second flow (Sundaram, The method 50 begins at step 52 when a campaign specification is received by the one or more servers 12 from the client computer 18. The campaign specification specifies one or more attributes of the marketing campaign. The one or more attributes of the marketing) [Sundaram, 0041];
receiving a second target audience via the second audience field, second content via the second content field, and a second schedule via the second scheduling field (Sundaram, The method 50 begins at step 52 when a campaign specification is received by the one or more servers 12 from the client computer 18. The campaign specification specifies one or more attributes of the marketing campaign. The one or more attributes of the marketing) [Sundaram, 0041];
receiving a second command to activate the second flow via the second activation button (Sundaram, Content for the campaign may be set up based on the channel selected. The flow for content creation may be channel specific. Once these are done, the campaign may be previewed and saved to be launched based on the triggers set. Advantageously, the system 10 provides the ability to set up a campaign based on a trigger, integrate external trigger sources to initiate campaigns, deliver the trigger-based campaign across multiple channels, and internally aggregate recipient information from campaigns executed previously to make segmentation effective and feasible) [Sundaram, 0063]; and
transmitting the second content to the second target audience via the second communication channel in accordance with the second schedule in response to activation of the second flow (Sundaram, the system 10 may be used to drive an ecommerce site using email and mobile SMS to reach out to audiences. In such an embodiment, the system 10 checks for email and SMS activity and responds to a successful sale, an unsuccessful drive to either the email or SMS site, and cart abandonment.) [Sundaram, 0059].
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because the amended features to not recite a mere organizing of human activity. The amended features recite in part, "receiving a first command to activate the first flow via the first activation button of the first flow template UI, wherein the first flow is a customized flow from a user selection of a plurality available flow selections that include a template, a blank flow, and an Einstein GPT provided for the user selection." As such, as is presented with a plurality of flow selections on the UI, and then selects a customized flow from the available flow selections on the UI. The selection of the customized flow that is then performed by the computing system cannot represent a mere organizing of human activity under the first prong, is acknowledged and considered.
However, upon further consideration, it is deemed that the amended 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 the claimed invention is directed to a practical application under the second prong. Management of campaigns is a complicated process due to the many moving pieces, people, and processes. Campaigns are typically composed of multiple different flows. The flows may include one or more campaign assets that are developed by different software developers with different development timelines. Different flows may include different formats, target different audiences, and employ different communication channels to communicate with the target audiences. Individual flows of the campaign may be activated and deployed at different times. As a result, the development of the flows of a campaign and tracking the performance of the different flows can be a challenging and complex process.
However, upon further consideration, it is deemed that the amended 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 the claimed invention is directed to providing a common platform for managing multiple flows of a campaign, where individual flows of the campaign may employ different communication channels, be directed to different audiences, have different content, and different activation schedules, is acknowledged and considered.
However, upon further consideration, it is deemed that the amended 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 the added limitations is acknowledged and considered.
However, while performing an updated search, new references were found which teach the added limitations and have been cited in this office action. Therefore, applicant’s argument and concerns are moot under new grounds of rejection.
Conclusion
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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/NARESH VIG/Primary Examiner, Art Unit 3622
March 24, 2026