DETAILED ACTION
Status of Claims
Claims 1, 6-9, 11-12, 15, 18, and 20 have been amended.
Claims 1-20 are currently pending and have been considered by the examiner.
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 .
Response to Arguments
101 Rejection:
Applicant’s arguments have been considered and have been deemed unpersuasive based upon the rationale provided in the following 101 rejection.
Prior Art Rejection:
Applicant’s arguments have been considered and have been deemed persuasive by the examiner in view of additional search and consideration. Thus, the previously issued prior art rejection has been rescinded.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In the instant case, claim 15-19 are directed towards a method and claims 1-14 and 20 are directed to a system/apparatus. Therefore, these claims fall within the four statutory categories of invention.
Claim 15 recites the following:
A method for dynamic evaluation and visualization of user engagement, the method comprising:
receiving user preference data associated with a user operating a user device within a learning environment;
generating, based on the user preference data, a learning profile associated with the user within the learning environment, the learning profile including at least one trait of the user in learning, an engagement profile and an avatar, wherein the engagement profile defines at least two levels of engagement;
and wherein the learning profile for the user is generated by: monitoring the user's interaction within the learning environment to obtain the user preference data associated with a period of activity of the user by at least one of receiving input data entered on a display device of the user device operated by the user, accessing an audio component of the user device operated by the user to obtain audio input data, or accessing a video component of the user device operated by the user to obtain video input data; analyzing the obtained user preference data with interaction metrics to measure and to determine a current engagement level of the user from one of the at least two levels of engagement based on the obtained user preference data and the engagement profile and to develop an engagement framework including a plan to increase the current engagement level of the user within the learning environment; and generating the avatar for the user based on the at least one trait and the engagement profile for the user
creating a transaction on a blockchain, the transaction including a first copy of the learning profile and an indication that the user owns the learning profile;
storing a second copy of the learning profile in a database;
providing a dedicated API for the user, wherein the dedicated API for the user is configured to provide access to the first copy of the learning profile and to modify the blockchain;
providing a public API, wherein the public API is configured to provide access to the second copy of the learning profile;
reassess the learning profile for the user by presenting interactive elements, receiving input from the interactive elements, analyzing the received input with the interaction metrics, and generating a modification request to update the learning profile for the user including at least one of an update to the user's current traits, current level of engagement, or avatar, based on the received and analyzed input from the interactive elements;
receiving a modification request associated with the learning profile; and
selecting at least one of the first copy of the learning profile or the second copy of the learning profile to modify based on whether the modification request was received via the dedicated API or the public API, thereby providing a personalized, dynamically updated learning profile to increase engagement of the user in the learning environment.
Regarding Step 2A Prong One, the claims recite the abstract idea of performing a mental process. Specifically, the claims recite the limitations underlined above which recite steps which can be reasonably be performed by the human mind such as observation and judgement which is grouped within the Mental Processes grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See MPEP § 2106.04) because the claims involve the process of performing steps which can be reasonably be performed by the human mind such as observation and judgement. Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
Regarding Step 2A Prong Two, the recited abstract idea is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See MPEP § 2106.04(d)), the additional element(s) of the claim(s) such as a “user device”, “display device”, “audio component”, “video component”, “blockchain”, “database”, “dedicated API”, and “public API” merely use(s) a computer as a tool to perform an abstract idea. Specifically, the “user device”, “display device”, “audio component”, “video component”, “blockchain”, “database”, “dedicated API”, and “public API” perform(s) the steps or functions underlined above. The use of a processor/computer as a tool to implement the abstract idea does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See MPEP § 2106.05), the additional element(s) of a “user device”, “display device”, “audio component”, “video component”, “blockchain”, “database”, “dedicated API”, and “public API” amounts to no more than using a computer or processor to automate and/or implement the abstract idea. As discussed above, taking the claim elements separately, the “user device”, “display device”, “audio component”, “video component”, “blockchain”, “database”, “dedicated API”, and “public API” perform(s) the steps or functions underlined above. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite risk mitigation. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Dependent claims 2-14 and 16-19 further describe the recited abstract idea. The dependent claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Specifically:
Claims 2-3, 6, 11-12, 14, and 18 is directed towards additional limitations which are also directed towards the recited abstract idea.
Claim 4 recites similar additional elements to those recited in claim 15 which do not place the recited abstract idea into practical application nor amount to significantly more.
Claims 5 and 17 generically recite the additional elements of a digital wallet and an NFT which do not place the recited abstract idea into practical application nor amount to significantly more.
Claims 7-8, 10, and 16 merely further describes information observed/judged when performing the recited abstract idea.
Claims 9 and 19 recite the additional element of a machine learning model. However, the additional element is recited outside the scope of the claimed invention as the function of updating is merely based on the machine learning model. Thus, the function of the claimed limitation can reasonably be performed by the human mind i.e. observing output of a device outside the scope of the invention and thus the limitation is directed towards the recited abstract idea.
Claim 13 further describes the additional element of a blockchain which does not place the recited abstract idea into practical application nor amount to significantly more
Therefore, as the dependent claims do not include additional elements that integrate the abstract idea into a practical application nor provide significantly more than the abstract idea, the dependent claims are also not patent eligible.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS K PHAN whose telephone number is (571)272-6748. The examiner can normally be reached M-F 1 pm-9 pm EST.
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/NICHOLAS K PHAN/Examiner, Art Unit 3699
/NEHA PATEL/Supervisory Patent Examiner, Art Unit 3699
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