DETAILED ACTION
This office action is in response to the RCE filed on 09/30/2025.
The Claims have not been amended.
Claims 1-20 are presented for examination.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/30/2025 has been entered.
Response to Arguments
Applicant's arguments filed 05/30/2025 regarding the 35 USC 103 rejections to the claims on pg. 8-15 have been fully considered but they are not persuasive.
Applicant argues in essence:
[a] “The rejection of claim 1 should be withdrawn at least because none of the cited references, alone or in combination, teach or suggest the psychological profiles including the psychological parameter values as recited in the claim…. With respect to claim 1, the Office Action alleges Lau discloses "determine a given psychological profile of a given user characterizing psychology of the given user," but acknowledges "Lau-Aghdaie does not explicitly disclose the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence." [Office Action, pp. 34 and 38, respectively]. T he Office Action relies on Blanco to make up for the acknowledged deficiencies of Lau and Aghdaie. [Office Action, p. 38]. Applicant disagrees - Lau fails to describe the very features alleged to be disclosed by Lau; Aghdaie and/or Blanco fail to make up for the deficiencies of Lau.
For example, Lau does not describe "a given psychological profile of a given user characterizing psychology of the given user." This is because the profiles in Lau do not characterize psychology. Lau describes a "class profile." The "class profile" of Lau is not a profile characterizing psychology of a given user. Instead, a "class profile" is an anonymized user profile, where a user profile describes "content item preferences" of a user. [Lau, 85]. Content preferences are not a psychological characterization of a user, and Lau does not describe it as such.” Pg. 9-10 of Remarks.
In response to [a], Applicant argues that Lau does not disclose a psychological profile, however Examiner respectfully disagrees.
Regarding the term “psychology”, it is not defined by the specification, however a review of the specification shows that in para.0018 “The psychological profiles may characterize a user type and content that suits the user type. A user type may be defined by multiple psychological parameter values”. Therefore, as long as the psychological profile has psychological parameter values, it is a psychological profile that characterizes the psychology of the user. Lau teaches that the psychological profile contains engagement and interaction information in para.0066, para.0085 and para.0144 below, by including behavior trends and content preferences. These are all examples of psychological parameters in applicants’ of at least affinity information in para.0019. Additionally, claims 19 and 20 now recite that the psychological profile characterizes the psychology based on content affinity. Therefore, while examiner provides an additional reference to show the added types of information for characterizing the psychology of the user, Lau is relied upon for the psychological profiled based on content affinity.
Para.0066 “For example, different users may have similar interests and/or content consumption preferences or habits. User with similar interests will have similar, although not identical, user profiles and, therefore, similar reduced user profiles.”
para.0085 “At step 702, server device 120 can obtain anonymous user profile data. For example, the anonymous user profile data (e.g., detailed user profile) can be received from a large number of client devices (e.g., user device 110) and represent the content consumption behavior of a large number of users. The anonymous user profile data can be received as anonymous user activity data from client devices and can include a detailed user profile having hundreds or thousands of dimensions (e.g., detailed user profile attributes, topic tags, tag relevance scores, etc.) describing the content item preferences associated with a user of the particular client device.”
Para.0144 “At step 1004, user device 110 can monitor user activity related to the presented content items. For example, content application 112 can record data identifying which content items were presented, which content items were read or viewed, and which content items the user passed over (e.g., did not view).”
[b] “Even if, for argument's sake and without concession, a profile of content item preferences could map to a psychology profile, this still would not be enough to support a rejection under Section 103 without evidence and/or reasoning establishing such an adaptation of a plain reading of Lau would have been obvious to a person having ordinary skill in the art. Since the Office Action does not do this, the rejection is deficient and should be withdrawn. Conclusory statements cannot sustain a prima facie case of obviousness. [MPEP 2142].” Pg. 10 of Remarks.
In response to [b], examiner respectfully disagrees. In the case of Lau, its psychological profile is used to modify content, and similarly, Blanco uses an anonymized psychological profile for content curation, using “the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence” as established in Blanco shown in at least Fig. 3. Both references use user information, with Blanco including more types of psychological metrics, to alter content based on the user information. Blanco further discloses that by using the emotional and psychological responses, it would result in proved content in real time in para.0012 “Presented is a method, system, and computer program product to analyze digital content as it is generated in real-time based on emotional and physiological responses of consumers of digital content, and present predictive feedback and various options to an author of the digital content in real-time, in order to automatically improve or facilitate improvement of the digital content, also in real-time.”
Therefore, examiner respectfully disagrees, and the teachings of Lau would be enough to support a 35 USC 103 rejection.
[c] “Moreover, the profiles in Aghdaie also do not characterize psychology. Aghdaie describes user profiles determined "based upon the obtained user interaction information," including attributes which correspond to "the user's behavior with regards to the video game 112, such as a determined skill level of the user, a total length of time the user has played the game, average session time, high score, average score, kills/deaths, average attempts per level, highest number of attempts for a level, and/or the like." [See, e.g., Aghdaie, 43 and 44]. User behavior in a video game is not a psychological characterization of a user, and Aghdaie does not describe it as such (and nothing in the listing of what the user behavior could be is related to user psychology). Even if, for argument's sake and without concession, a user behavior profile could map to a psychology profile, this still would not be enough to support a rejection under Section 103 without evidence and/or reasoning establishing such an adaptation of a plain reading of Aghdaie would have been obvious to a person having ordinary skill in the art. Since the Office Action does not do this, the rejection is deficient and should be withdrawn. Conclusory statements cannot sustain a prima facie case of obviousness. [MPEP 2142]. Blanco fails to make up for the deficiencies of Lau and/or Aghdaie.” Pg. 10 of Remarks.
In response to [c], examiner respectfully disagrees.
The psychological profile as described in the applicant specification in para.0019 includes “The psychological parameter values may define, by way of non-limiting example,… gaming/experience using time, subscription behavior, affinity information”. In para.0019 it shows that gaming experience using time and user behavior are included in what constitutes a psychological profile. Therefore at the very least, a total length of time a user played a game is a psychological characterization of the user.
Secondly, similar to Lau above, Aghdaie is a viable art under 35 USC 103. Aghdaie obtains user information over time, and uses this information to curate content, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine because of the expected benefit of improving user engagement with the content in para.0120 of Aghdaie, similar to Lau that wants to increase user engagement in para.0023 and para.0141.
[d] “B. The Office Action Improperly Dissects The Claim Language… MPEP 2103…
In articulating a rejection of the independent claims, the Office Action improperly dissects the claim language into discrete elements. For example, the Office Action expressly separates the term “given psychological profile” from how the profile is actually recited. [Office Action, p. 7]. That is, the manner in which the Office Action alleges Lau discloses “a given psychological profile of a given user characterizing psychology of the given user,” but then alleges Blanco discloses “the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence” is an improper dissection. [Office Action, pp. 34 and 38, respectively]. The Office Action has erroneously isolated the term “given psychological profile” from how this feature is actually recited.
Nowhere does the Office Action enunciate the claim features as a whole as they are recited. This is contrary to the essentia/ requirement in setting forth a prima facie case of obviousness, e.g., evaluating the claimed invention as a whole. Accordingly, the Office Action’s dissection of the claim language illustrates a critical error in supporting the legal conclusion of obviousness: that the “claimed invention” (e.g., the features recited and arranged in the claim) would have been obvious.” Pg. 11-12 of Remarks.
In response to [d], examiner explained in the citation for Blanco how it teaches the entirety of the limitation and only included the description of the psychological profile for clarity reasons to explain the combination.
Blanco discloses the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing (Applicant specification para.0024 “Wellbeing may include … psychological wellbeing” Blanco: Fig. 3 any of the emotions/responses represent a state of psychological wellbeing for the user.), personality (Blanco: para.0025 “Personality may include anger” Blanco: Fig. 3 anger), social identity (Blanco: Fig. 3 education BA, JD etc represent a social identity of the user), mindfulness (Applicants spec para.0029 “Mindfulness may include… non-reactivity” Blanco: Fig. 3 boredom), or emotional intelligence (Applicants specification para.0030 “Emotional intelligence may include…emotion expression” Blanco: Fig. 3 happiness anger etc.) (Blanco: para.0037 “The viewer profile generator 121 of the server 120 is then used to generate viewer profiles, again displayed in table format 325. Anonymous user identifiers 342 are again used, as displayed in table 325. After presenting sample digital content regarding various sample topic 1 344, sample topic 2 346, and sample topic 3 348, individual interest level and individual emotional response are tracked for each individual. If audio content is to be assessed, sample topic 1 344 may be, for example, electronic music, sample topic 2 346 may be hip hop music, and sample topic 3 348 may be rap. If video content is to be assessed, sample topic 1 344 may be, for example, horror content, sample topic 2 346 may be thriller content, and sample topic 3 348 may be action content.” Fig. 3, anonymous user profiles are generated with a plurality of psychological responses to each content type thereby characterizing the psychology of the given user.).
However, in view of applicants argument, examiner updates the mapping of Blanco to show how the entire limitation is met, rather than only starting from the description of the psychological profile such that the rejection no longer appears to be dissected.
[e] “C. The Office Action Fails To Provide An Objective Reason To Combine The References.
In articulating a proposed combination of Lau, Aghdaie, and Blanco to reject the independent claims, the Office Action alleges: Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Lau-Aghdaie with Blanco in order to incorporate the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence. One of ordinary skill in the art would have been motivated to combine because of the expected benefit of improved content facilitation based on user profile in real time (Blanco: para.0012). [Office Action, pp. 38-39].
This reasoning, however, is insufficient to establish a prima facie case of obviousness. The Office Action does meet the burden of establishing a prima facie case because there is no “clear articulation of the reason(s) why the claimed invention would have been obvious” nor “some articulated reasoning with some rational underpinning.” [MPEP § 2142]. Further, “rejections on obviousness cannot be sustained with mere conclusory statement....” [/d.].
Here, the sole “motivation” statement is “the expected benefit of improved content facilitation based on user profile in real time.” [Office Action, p. 39]. This statement, however, falls short of a clear articulation of reasons why a person having ordinary skill in the art would combine Lau, Aghdaie, and Blanco, /et alone that the combination would (or even could) result in claim language. For example, “the expected benefit of improved content facilitation based on user profile in real time” is a characterization of a result of the proposed combination; it is not an objective reason to combine the references.” Pg 12-13 of Remarks.
In response to [e], examiner respectfully disagrees. Applicant argues that the motivation cited to incorporate the teachings of the Blanco reference are a characterization of the result of the proposed combination and not an objective reason to combine the references and is merely a conclusory statement. However in this case, para.0012 explicitly describes that by using this type of information, content curation is improved.
Blanco para.0012 “Presented is a method, system, and computer program product to analyze digital content as it is generated in real-time based on emotional and physiological responses of consumers of digital content, and present predictive feedback and various options to an author of the digital content in real-time, in order to automatically improve or facilitate improvement of the digital content, also in real-time.”
The motivation provided in the rejection is not a mere characterization of the result of the proposed combination but an actual description by Blanco of what benefits would occur by incorporating emotional and psychological responses of viewers to content within the specification, in this case improvement of content. One of ordinary skill in the art would have been motivated to combine because of this expected benefit that would occur by incorporating the techniques of Blanco, i.e. improvement of the digital content based on emotional and psychological responses from consumers.
[f] “Even if, for argument’s sake and without concession, the references could be combined and the combination cou/d produce “the expected benefit of improved content facilitation based on user profile in real time,” this still would not be enough to support a rejection under Section 103 without evidence and reasoning establishing that Lau’s content item preference profiles could be modified to include psychology-specific information as allegedly described by Blanco. [Office Action, p. 39]. The Office Action does not even attempt to make this showing, or even affirmatively state such extensions of the plain disclosures of Lau and/or Blanco would have been obvious. Conclusory statements cannot sustain a prima facie case of obviousness. [MPEP § 2142].” Pg. 13 of Remarks.
In response to [f], examiner respectfully disagrees. Both inventions are directed towards content curation based on user responses and are clearly in the same field of invention. The only difference would be the consideration of additional types of user responses, i.e. “the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence”, when curating its content.
The rejection shows the proposed modification of the applied references necessary to arrive at the claimed subject matter, i.e. the incorporation of the features of Blanco, and further explained why this combination would have been obvious to one of ordinary skill in the art. However, as argued by applicant, this type of explanation will be incorporated in the updated rejection below.
Blanco discloses the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing (Applicant specification para.0024 “Wellbeing may include … psychological wellbeing” Blanco: Fig. 3 any of the emotions/responses represent a state of psychological wellbeing for the user.), personality (Blanco: para.0025 “Personality may include anger” Blanco: Fig. 3 anger), social identity (Blanco: Fig. 3 education BA, JD etc represent a social identity of the user), mindfulness (Applicants spec para.0029 “Mindfulness may include… non-reactivity” Blanco: Fig. 3 boredom), or emotional intelligence (Applicants specification para.0030 “Emotional intelligence may include…emotion expression” Blanco: Fig. 3 happiness anger etc.) (Blanco: para.0037 “The viewer profile generator 121 of the server 120 is then used to generate viewer profiles, again displayed in table format 325. Anonymous user identifiers 342 are again used, as displayed in table 325. After presenting sample digital content regarding various sample topic 1 344, sample topic 2 346, and sample topic 3 348, individual interest level and individual emotional response are tracked for each individual. If audio content is to be assessed, sample topic 1 344 may be, for example, electronic music, sample topic 2 346 may be hip hop music, and sample topic 3 348 may be rap. If video content is to be assessed, sample topic 1 344 may be, for example, horror content, sample topic 2 346 may be thriller content, and sample topic 3 348 may be action content.” Fig. 3, anonymous user profiles are generated with a plurality of psychological responses to each content type thereby characterizing the psychology of the given user.).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Lau-Aghdaie with Blanco in order to incorporate the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence.
One of ordinary skill in the art would have been motivated to combine because of the expected benefit of improved content facilitation based on user profile in real time (Blanco: para.0012).
[g] “D. The Office Action Does Not Provide Any Particular Rationale To Support Its Conclusion Of Obviousness. The Office Action is not relying on any particular rationale to support a conclusion of obviousness. [See, e.g., MPEP 2143 | “EXAMPLES OF RATIONALES]. The statements made in the Office Action fall short of a clear articulation of any of the example rationales that may support a conclusion of obviousness, /et alone a “link between the factual findings and the legal conclusion of obviousness.” [/d.]. Indeed, the sole “motivation” statement of “the expected benefit of improved content facilitation based on user profile in real time” does not refer to any of the features acknowledged to be missing from a reference but taught by another, /ef alone convey a link between the factual findings and the alleged combination, /ef alone that such a combination actually arrives at the claimed invention. [Office Action, p. 39]. Conclusory statements cannot sustain a prima facie case of obviousness. [MPEP 2142].
For at least the reasons presented above, independent claims 1 and 11 are not anticipated or rendered obvious by Lau, Aghdaie, and/or Blanco. Further, claims 2-10 and 12-20 are also not anticipated or rendered obvious at least due to their dependency from one of independent claims 1 and 11, in addition to the features they individually recite. Accordingly, the rejection of claims 1-20 under § 103 should be withdrawn.” Pg. 13-14 of Remarks.
In response to [g], examiner respectfully disagrees. The motivation used to combine Blanco is cited from para.0012 of Blanco.
Blanco para.0012 “Presented is a method, system, and computer program product to analyze digital content as it is generated in real-time based on emotional and physiological responses of consumers of digital content, and present predictive feedback and various options to an author of the digital content in real-time, in order to automatically improve or facilitate improvement of the digital content, also in real-time.”
The motivation provided in the rejection is not a mere characterization of the result of the proposed combination but an actual description by Blanco of what benefits would occur by incorporating emotional and psychological responses of viewers to content within the specification, in this case improvement of content. One of ordinary skill in the art would have been motivated to combine because of this expected benefit that would occur by incorporating the techniques of Blanco, i.e. improvement of the digital content based on emotional and psychological responses from consumers.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
18677614
17157712 (11,206, 263)
1. A system configured to determine content to present based on interaction information of a given user, the system comprising: one or more processors configured by machine-readable instructions to: obtain, in an ongoing manner, interaction information of users from online platforms, wherein the interaction information characterizes content engaged with by individual users and engagement by the individual users with the content and/or the online platforms; determine a given psychological profile of a given user characterizing psychology of the given user, the given psychological profile being determined based on the interaction information for the given user, the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence, wherein the given psychological profile characterizes the given user without personal identification information; update, in an ongoing manner, the given psychological profile of the given user based on the interaction information for the given user as the interaction information for the given user is ongoingly obtained; and effectuate presentation of further content via the online platforms to the given user based on the given psychological profile that characterizes the given user by the interaction information and does not identify the personal identification information, wherein the further content facilitates further updating of the given psychological profile and/or adapts the online platforms to the given user.
1. A system configured to determine content to present based on interaction information of a given user, the system comprising: electronic storage configured to store psychological profiles, wherein the psychological profiles characterize a user type and content that suits the user type; and one or more processors configured by machine-readable instructions to: obtain, in an ongoing manner, interaction information of users from the online platforms, wherein the interaction information characterizes content engaged with by individual users and engagement by the individual users with the content and/or the online platforms, such that first interaction information of a first user is obtained; determine psychological profiles of the users based on the interaction information for the individual users, wherein the psychological profiles identify the individual users without personal identification information such that a first psychological profile is determined for the first user based on the first interaction information; update, in an ongoing manner, the determined psychological profiles based on the interaction information as the interaction information is ongoingly obtained such that the first psychological profile is ongoingly updated as the first interaction information is ongoingly obtained; and provide the individual users with content based on the psychological profiles that identify the users by their interaction information and not by the personal identification information, wherein the content provided facilitates further updating of the determined psychological profile and/or adapts the online platforms to the individual users, such that first content is provided to the first user based on the first psychological profile that identifies the first user by at least the first interaction information and does not personally identify the first user with the personal identification information for the first user.
2. The system of claim 1, wherein the content engaged with by the individual users is related to the online platforms that present the content, wherein the content includes one or more of a character, a game, a game asset, a recommendation, a promotion, or an engagement level of individual ones of the content.
2. The system of claim 1, wherein the content engaged with by the individual users is related to the online platforms that provide the content, wherein the content includes one or more of a character, a game, a game asset, a recommendation, a promotion, and/or an engagement level of individual ones of the content.
3. The system of claim 1, wherein the engagement by the individual users defines behavior patterns of the individual users with or based on the content, wherein the engagement includes user selection of the content, time spent by the individual users engaging with the content, purchases based on the content, or gameplay based on the content
3. The system of claim 1, wherein the engagement by the individual users defines behavior patterns of the individual users with or based on the content, wherein the engagement includes user selection of the content, time spent by the individual users engaging with the content, purchases based on the content, and/or gameplay based on the content.
4. The system of claim 1, wherein the further content is presented without assigning a static user identifier to the given user.
4. The system of claim 1, wherein the content is provided without assigning a static user identifier to the individual users.
5. The system of claim 4, wherein the given psychological profile determined and ongoingly updated is an identifier for the given user.
5. The system of claim 4, wherein the psychological profiles determined and ongoingly updated are identifiers for the individual users.
6. The system of claim 1, wherein the interactions by given user with different ones of the online platforms are considered instances of a same given psychological profile.
7. The system of claim 1, wherein updating the given psychological profile includes determining one or more psychological parameter values and intensity of the one or more psychological parameter values.
8. The system of claim 1, wherein updating the psychological profiles includes determining one or more psychological parameter values and intensity of the one or more psychological parameter values.
8. The system of claim 1, wherein adaptations to the online platforms elicit an intended response, wherein the intended response includes an individual or discrete set of actions by the given user.
9. The system of claim 1, wherein the adaptations to online platforms elicit an intended response, wherein the intended response includes an individual or discrete set of actions by the users.
9. The system of claim 1, wherein adaptations include one or more of providing a recommendation, providing a suggestion, adjusting a difficulty setting, providing availability to a piece of game content, omitting of game content, providing means of communication, providing a communication, providing an offer to sell one or more virtual items, adjusting an offer to sell one or more virtual items, or matching users for particular circumstances.
10. The system of claim 1, wherein the adaptations include one or more of providing a recommendation, providing a suggestion, adjusting a difficulty setting, providing availability to a piece of game content, omitting of game content, providing means of communication, providing a communication, providing an offer to sell one or more virtual items, adjusting an offer to sell one or more virtual items, and/or matching users for particular circumstances.
10. A method to determine content to present based on interaction information of a given user, the method comprising: obtaining, in an ongoing manner, interaction information of users from online platforms, wherein the interaction information characterizes content engaged with by individual users and engagement by the individual users with the content and/or the online platforms; determining a given psychological profile of a given user characterizing psychology of the given user, the given psychological profile being determined based on the interaction information for the given user, the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence, wherein the given psychological profile characterizes the given user without personal identification information; updating, in an ongoing manner, the given psychological profile of the given user based on the interaction information for the given user as the interaction information for the given user is ongoingly obtained; and effectuating presentation of further content via the online platforms to the given user based on the given psychological profile that characterizes the given user by the interaction information and does not identify the personal identification information, wherein the further content facilitates further updating of the given psychological profile and/or adapts the online platforms to the given user.
11. A method to determine content to present based on interaction information of a given user, the method comprising: storing, in electronic storage, psychological profiles, wherein the psychological profiles characterize a user type and content that suits the user type; obtaining, in an ongoing manner, interaction information of users from the online platforms, wherein the interaction information characterizes content engaged with by individual users and engagement by the individual users with the content and/or the online platforms, such that first interaction information of a first user is obtained; determining psychological profiles of the users based on the interaction information for the individual users, wherein the psychological profiles identify the individual users without personal identification information such that a first psychological profile is determined for the first user based on the first interaction information; updating, in an ongoing manner, the determined psychological profiles based on the interaction information as the interaction information is ongoingly obtained such that the first psychological profile is ongoingly updated as the first interaction information is ongoingly obtained; and providing the individual users with content based on the psychological profiles that identify the users by their interaction information and not by the personal identification information, wherein the content provided facilitates further updating of the determined psychological profile and/or adapts the online platforms to the individual users, such that first content is provided to the first user based on the first psychological profile that identifies the first user by atleast the first interaction information and does not personally identify the first user with the personal identification information for the first user.
11. The method of claim 10, wherein the content engaged with by the individual users is related to the online platforms that present the content, wherein the content includes one or more of a character, a game, a game asset, a recommendation, a promotion, or an engagement level of individual ones of the content.
12. The method of claim 11, wherein the content engaged with by the individual users is related to the online platforms that provide the content, wherein the content includes one or more of a character, a game, a game asset, a recommendation, a promotion, and/or an engagement level of individual ones of the content.
12. The method of claim 10, wherein the engagement by the individual users defines behavior patterns of the individual users with or based on the content, wherein the engagement includes user selection of the content, time spent by the individual users engaging with the content, purchases based on the content, or gameplay based on the content.
13. The method of claim 11, wherein the engagement by the individual users defines behavior patterns of the individual users with or based on the content, wherein the engagement includes user selection of the content, time spent by the individual users engaging with the content, purchases based on the content, and/or gameplay based on the content.
13. The method of claim 10, wherein the further content is presented without assigning a static user identifier to the given user.
14. The method of claim 1, wherein the content is provided without assigning a static user identifier to the individual users.
14. The method of claim 13, wherein the given psychological profile determined and ongoingly updated is an identifier for the given user.
15. The method of claim 14, wherein the psychological profiles determined and ongoingly updated are identifiers for the individual users.
15. The method of claim 10, wherein interactions by the given user with different ones of the online platforms are considered instances of a same given psychological profile.
16. The method of claim 10, wherein the updating the given psychological profile includes determining one or more psychological parameter values and intensity of the one or more psychological parameter values.
18. The method of claim 11, wherein updating the psychological profiles includes determining one or more psychological parameter values and intensity of the one or more psychological parameter values.
17. The method of claim 10, wherein adaptations to the online platforms elicit an intended response, wherein the intended response includes an individual or discrete set of actions by the given user.
19. The method of claim 11, wherein the adaptations to online platforms elicit an intended response, wherein the intended response includes an individual or discrete set of actions by the users.
18. The method of claim 10, wherein adaptations include one or more of providing a recommendation, providing a suggestion, adjusting a difficulty setting, providing availability to a piece of game content, omitting of game content, providing means of communication, providing a communication, providing an offer to sell one or more virtual items, adjusting an offer to sell one or more virtual items, or matching users for particular circumstances.
20. The method of claim 11, wherein the adaptations include one or more of providing a recommendation, providing a suggestion, adjusting a difficulty setting, providing availability to a piece of game content, omitting of game content, providing means of communication, providing a communication, providing an offer to sell one or more virtual items, adjusting an offer to sell one or more virtual items, and/or matching users for particular circumstances.
19. The system of claim 1, wherein the given psychological profile further characterizes the psychology of the given user based on content affinity.
20. The method of claim 10, wherein the given psychological profile further characterizes the psychology of the given user based on content affinity.
Claims 1-5, 7-14, 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-5, 8-15, 15-20 of U.S. Patent No. 11,206, 263 in view of Blanco et al. (hereinafter Blanco, US 2018/0260727 A1).
Regarding Claim 1, claim 1 of U.S. Patent No. 11,206, 263 teaches A system configured to determine content to present based on interaction information of a given user, the system comprising: one or more processors configured by machine-readable instructions to: obtain, in an ongoing manner, interaction information of users from online platforms, wherein the interaction information characterizes content engaged with by individual users and engagement by the individual users with the content and/or the online platforms; determine a given psychological profile of a given user characterizing psychology of the given user, the given psychological profile being determined based on the interaction information for the given user, wherein the given psychological profile characterizes the given user without personal identification information; update, in an ongoing manner, the given psychological profile of the given user based on the interaction information for the given user as the interaction information for the given user is ongoingly obtained; and effectuate presentation of further content via the online platforms to the given user based on the given psychological profile that characterizes the given user by the interaction information and does not identify the personal identification information, wherein the further content facilitates further updating of the given psychological profile and/or adapts the online platforms to the given user, as set forth above.
However claim 1 of U.S. Patent No. 11,206, 263 does not explicitly disclose the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence.
Blanco discloses determine a given psychological profile of a given user characterizing psychology of the given user, the given psychological profile being determined based on the interaction information for the given user (Blanco: para.0037 “The viewer profile generator 121 of the server 120 is then used to generate viewer profiles, again displayed in table format 325. Anonymous user identifiers 342 are again used, as displayed in table 325. After presenting sample digital content regarding various sample topic 1 344, sample topic 2 346, and sample topic 3 348, individual interest level and individual emotional response are tracked for each individual. If audio content is to be assessed, sample topic 1 344 may be, for example, electronic music, sample topic 2 346 may be hip hop music, and sample topic 3 348 may be rap. If video content is to be assessed, sample topic 1 344 may be, for example, horror content, sample topic 2 346 may be thriller content, and sample topic 3 348 may be action content.” Fig. 3, anonymous user profiles are generated with a plurality of psychological responses to each content type thereby characterizing the psychology of the given user.),
the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing (Applicant specification para.0024 “Wellbeing may include … psychological wellbeing” Blanco: Fig. 3 any of the emotions/responses represent a state of wellbeing for the user.), personality (Blanco: para.0025 “Personality may include anger” Blanco: Fig. 3 anger), social identity (Blanco: Fig. 3 education BA, JD etc represent a social identity of the user), mindfulness (Applicants spec para.0029 “Mindfulness may include… non-reactivity” Blanco: Fig. 3 boredom), or emotional intelligence (Applicants specification para.0030 “Emotional intelligence may include…emotion expression” Blanco: Fig. 3 happiness anger etc.) (Blanco: para.0037 “The viewer profile generator 121 of the server 120 is then used to generate viewer profiles, again displayed in table format 325. Anonymous user identifiers 342 are again used, as displayed in table 325. After presenting sample digital content regarding various sample topic 1 344, sample topic 2 346, and sample topic 3 348, individual interest level and individual emotional response are tracked for each individual. If audio content is to be assessed, sample topic 1 344 may be, for example, electronic music, sample topic 2 346 may be hip hop music, and sample topic 3 348 may be rap. If video content is to be assessed, sample topic 1 344 may be, for example, horror content, sample topic 2 346 may be thriller content, and sample topic 3 348 may be action content.” Fig. 3, anonymous user profiles are generated with a plurality of psychological responses to each content type thereby characterizing the psychology of the given user.).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine claim 1 of U.S. Patent No. 11,206, 263 with Blanco in order to incorporate determine a given psychological profile of a given user characterizing psychology of the given user, the given psychological profile being determined based on the interaction information for the given user the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence and apply this concept to the content curation such that other types of psychological profile information are also used to modify future content.
One of ordinary skill in the art would have been motivated to combine because of the expected benefit of improved content facilitation based on user profile in real time (Blanco para.0012 “Presented is a method, system, and computer program product to analyze digital content as it is generated in real-time based on emotional and physiological responses of consumers of digital content, and present predictive feedback and various options to an author of the digital content in real-time, in order to automatically improve or facilitate improvement of the digital content, also in real-time.” The incorporation of emotional and psychological responses would improve digital content in real time.).
Regarding Claim 10, Claim 11 discloses A method to determine content to present based on interaction information of a given user, the method comprising: obtaining, in an ongoing manner, interaction information of users from online platforms, wherein the interaction information characterizes content engaged with by individual users and engagement by the individual users with the content and/or the online platforms; determining a given psychological profile of a given user characterizing psychology of the given user, the given psychological profile being determined based on the interaction information for the given user, wherein the given psychological profile characterizes the given user without personal identification information; updating, in an ongoing manner, the given psychological profile of the given user based on the interaction information for the given user as the interaction information for the given user is ongoingly obtained; and effectuating presentation of further content via the online platforms to the given user based on the given psychological profile that characterizes the given user by the interaction information and does not identify the personal identification information, wherein the further content facilitates further updating of the given psychological profile and/or adapts the online platforms to the given user, as set forth above.
However claim 11 of U.S. Patent No. 11,206, 263 does not explicitly disclose the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing, personality, social identity, mindfulness, or emotional intelligence.
Blanco discloses determining a given psychological profile of a given user characterizing psychology of the given user, the given psychological profile being determined based on the interaction information for the given user (Blanco: para.0037 “The viewer profile generator 121 of the server 120 is then used to generate viewer profiles, again displayed in table format 325. Anonymous user identifiers 342 are again used, as displayed in table 325. After presenting sample digital content regarding various sample topic 1 344, sample topic 2 346, and sample topic 3 348, individual interest level and individual emotional response are tracked for each individual. If audio content is to be assessed, sample topic 1 344 may be, for example, electronic music, sample topic 2 346 may be hip hop music, and sample topic 3 348 may be rap. If video content is to be assessed, sample topic 1 344 may be, for example, horror content, sample topic 2 346 may be thriller content, and sample topic 3 348 may be action content.” Fig. 3, anonymous user profiles are generated with a plurality of psychological responses to each content type thereby characterizing the psychology of the given user.),
the given psychological profile characterizing the psychology of the given user based on one or more of wellbeing (Applicant specification para.0024 “Wellbeing ma