DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in response to amendment filed on 17 February 2026 Claims 1, 9, 14, and 15 have been amended. Claims 4, 7, and 13 have been cancelled. Claim 1-3,5-6,8-12 and 14-20 are currently pending and have been examined.
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.
Step 1: The claims 1-3, 6, and 8 are a media, claims 9-12 and 14 are a method and claims 15-20 are a system. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-3,5-6,8-12 and 14-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A-Prong 1: independent The claims (1, 9, and 15) recite the limitation of identifying a set of actionable guidelines for the plurlity of guideline categories and determining brand conformity data indicating an extent of conformity of the brand-inclusive content to at least one actionable guideline of the set of actionable guidelines. The identifying limitation, as drafted is a process that, under its broadest reasonable interpretation, covers user analyze or evaluate the plurality of guideline categories for whether brand-inclusive content conforms to the actionable guidelines for the brand, in mind for the recitation of generic computer components. That is, other the reciting “via one or more generative artificial intelligence (AI) models” , nothing the claims precludes the identifying step from practically being performed in the human mind. For example, “via one or more generative artificial intelligence (AI) models” language, the claim encompasses the user reading the actionable guidelines for the plurality of guidelines for identifying a set of guidelines. This limitation is a mental process.
The determining limitation, as drafted is also a process that, under its broadest reasonable interpretation covers compliance of the brand data with at least one actionable guidelines in mind for the recitation of the generic computer components. That is, other the reciting “via one or more generative artificial intelligence (AI) models” , nothing the claims precludes the identifying step from practically being performed in the human mind. For example, “via one or more generative artificial intelligence (AI) models” language, the claim encompasses the user simply evaluating the compline of the brand inclusive content to various brand guideline. This limitation is a mental process.
Step 2A-Prong 2: The claims recite additional limitation of a processor when executed the instruction for performing the generic computer functions, one or more generative artificial intelligence for performing both the identifying and the determining steps, obtaining a set of brand guidelines and brand inclusive content and graphical user interface. The generating prompt is also recited at high-level of generality and merely automating the generic steps of providing a guidelines. The processors and instructions that perform the generic computer functions is recited at high level of generality and merely automates the generic computer functions. The one or more generative artificial model is also recited at a high level of generality and merely automates the identifying and the determining steps. The obtaining steps is reciting at a high level of generality (i.e., as a general means of gathering a set of brand guidelines and data indicating an extent to conformity of the brand-inclusive content in use of identifying, determining and comparing steps). The interface limitation is also recited at a high level of generality and merely automate the outputting/displaying data. Accordingly, these additional element does not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to the abstract idea.
Step 2B: As discussed with respect to Step 2A Prong Two, the additional element in the claims amount to no more than mere instructions to apply the exception using a generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claim is ineligible.
Dependent claims 2-3, 5-8, 10-14 and 16-20, these claims recite limitation that futher define the abstract idea noted in claim 1. The claims do not contain any additional elements per step 2A prong 2. Therefore , they are considered patent ineligible for the same reason as above.
The closes prior to the applicants’ claimed invention
Mysore et al (US Patent No., 12.111,754 B1) focused on the technology evaluates the compliance of an AI application with predefined guidelines. The technology obtains a set of guidelines defining operation boundaries of the AI application and constructs test cases associated with each guideline (abstract) , obtaining a set of brand guidelines associated with a plurality of guideline categories indicating a type of guideline used to indicate how to represent a brand(Fig. 6, 602, discloses obtain a set of regulatory guidelines defining one or more option boundaries of the AI application), the system constructs a set of test cases associated with each guideline that covers various scenarios derived from the regulatory requirements. These test cases can include prompts, expect outcomes, and/or expect explanations (Col. 4, lines 4-18).
MASCHMEYER et al. (Pub. No.: US 2024/0320444 Al) focused on a computer-implemented method is disclosed. The method includes: obtaining at least one output of a generative model based on input of a first text prompt; presenting the at least one output via a user interface; receiving, via the user interface, user selection of a desired portion of the at least one output; modifying the first text prompt based on the user selection to obtain a second text prompt; and providing the second text prompt as input to the generative model for obtaining a second output(abstract) .
Li et al (US Pub., No., 2019/0311271 A1) discloses an examples of analyzing documents are defined. In an example, a request to analyze a document may be received.
A knowledge model corresponding to a guideline associated with the document may be obtained. The knowledge model may include at least one of a hypothetical question and a
logical flow to determine an inference to the hypothetical question.
Berry et al (Patent., No., 11,461,790 B1) discloses technologies for automatically validating marketing asset compliance include a marketing compliance server configured to receive a marketing asset file. The marketing asset file includes a data interchange document containing multiple objects and multiple key/value pairs. Each object is associated with a different group of the key/value pairs. The server extracts the data interchange document from the marketing asset file, parses the document to identify the different key/value pair groups, and identifies the objects of the document based on the identification of the different key/value pair groups.
Mico (US Pub., No., 2024/0428260 A1) discloses systems, devices, and methods are disclosed herein of an artificial intelligence-powered contextual customer service automation solution using logic trees enhanced with the mission and corporate values-based generative AI prompts to control responses with brand characteristics and tone.
Tao (Pub., No., 2019/0325626 A1) discloses this disclosure describes various aspects that involve dynamically generating content, such as brand-compliant content and/or creative content, for delivery via electronic communication channels or other communication channels. In some aspects, a brand engine provides a profile-development interface. The brand development engine builds a brand profile having constraints and stylization guidance based on inputs to the profile-development interface
Niilo Lintulahti (Creating aa strategy for AI integration in content marketing, Haaga-Heli University of Applied Science 2023) discloses this thesis is focused on understanding the benefits and challenges artificial intelligent offers when used in content marketing. For example, the ethical side and potential to bias. This thesis will not describe artificial intelligence in a specific way, but the general information will be discussed. The international aspect required by the degree program of all theses is covered by the fact that the industry is international by nature
None of the above reference teaches of suggests that the identified set of actionable guidelines for the plurality of guideline categories by generating a first prompt including text and/or one or more graphic indication the set of brand guidelines and text listing the plurality of guideline categories and inputting the first prompt into one or mor generative artificial intelligence (AI) models, and causing display, via a user interface, of the brand conformity data including the measure of conformity of the brand-inclusive content to the at least one actionable guideline and including , one or more actionable insights indicating one or more modifications to apply to the brand-inclusive content to improve brand conformity with the at least one actionable guideline.
Response to Arguments
Applicant's arguments filed 35 U.S.C 101 rejection filed on 17 February 2026 with respect to claim(s) 1-3, 5, 6, 8-12, and 14-20 have been fully considered but they are not persuasive.
Applicants’ arguments of the pending claims provides a specific technical solution to this technical problem is not persuasive. In general, the claims at issue directed to an abstract idea because the claims at issue are directed to "methods of organizing human activity" (branding/marketing analysis) and "mental processes" (comparing content to guidelines), which are abstract ideas.
The use of "generative AI models" to perform the analysis does not inherently make the claim non-abstract if it is just automating a task a person could do mentally or with traditional software. The steps of obtaining guidelines, comparing content, and determining conformity are considered data analysis/manipulation.
Furthermore, under Step 2: The claims uses generic computer components: "one or more computer storage media," "one or more processors," "graphical user interface". Using Generative AI as a "black box" to perform analysis is generally not considered an improvement to the functioning of the computer itself, but rather using the computer as a tool to execute an abstract process.
For example, Applicants asserts paragraph [0039] of applicants specifaion, however, the paragraph highlights that simply applying an algorithm (analytical tool) to automate a process (analyzing images for brand compliance) is an "abstract idea" because it lacks a specific, technical improvement and can be performed mentally or through basic manual effort.
Futher applicants also asserts paragraph [0040], the paragraph provide query appears to be a description of a technical problem—specifically, the inefficiencies of conventional data handling (disk wear, high network latency, high packet generation costs)—that is often used in a patent specification to establish the need for an invention. The claims do not solve these problems in a technically innovative way, but rather recite an abstract idea (e.g., storing or organizing data) using "generic computer components. Thus, the 35 U.S.C 101 rejections with respect to claims 1-3,5-6,8-12 and 14-20 is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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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/SABA DAGNEW/Primary Examiner, Art Unit 3621
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