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 .
DETAILED ACTION
Status of Claims
This action is in reply to the communication filed on 04/14/2026.
Claims 1, 18 and 20 have been amended.
Claim 19 has been canceled.
Claims 1-18 and 20-21 are currently pending and have been examined.
Response to Applicant’s Arguments
Applicant’s amendments and arguments filed on 04/14/2026 have been fully considered and discussed in the next section. Applicant is reminded that the claims must be given its broadest, reasonable interpretation.
With regard to claims 1-18 and 20-21 double patent rejection, Applicant’s arguments are considered. However, the Double patent rejection is maintained because it is obvious variation of the previous claims. Therefore, the double patent rejection is proper and maintained.
With regard to claims 1-18 and 20-21 rejection under 35 USC § 102:
Applicant argues that “ Independent claim 1, as amended, requires detecting, by the processor of the terminal device, a first operation of a user, wherein the first operation is clicking a preset area; and displaying, by the terminal device, a first interface of a first application in response to detecting the first operation, wherein the first interface comprises the first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement. It is respectfully submitted such limitations are absent from Mo (page 3/9)”.
Examiner disagrees. Mo in at least paragraph 66, discloses (the electronic device 401 after receiving the user opening operation of the application, also can asynchronously obtain the application of the opening screen configuration information to the screen opening management server 402. The electronic device 401 may also asynchronously send the advertisement request for requesting the on-screen advertisement to the off-screen management server 402, so as to obtain the proper advertisement originality information). Mo also in at least paragraph 124 discloses In addition, as shown in fig. 6, the application layer may further include: launchers. Launcher is a desktop system application for electronic devices, which is a system-level application. In this embodiment, when the electronic device receives a click operation of a user on an icon (e.g. preset area ) of an application with an open screen function displayed on a desktop, or receives a click operation of a user on a link of an application with an open screen function in other applications, the Launcher may call a frame of the electronic device, for example, a system open screen management module included in the frame of the electronic device, to implement a processing logic that completes the open screen function through an operating system, so as to display open screen information to the user, for example, to display an effect of a brand slogan and/or an open screen advertisement of the application to the user. Mo also , in at least paragraph 127 discloses wherein the system on-screen service module, also can be called off-screen service (Service).
As thus, as sown above the cited reference of Mo discloses the amended limitation of “ detecting, by the processor of the terminal device, a first operation of a user, wherein the first operation is clicking a preset area; and displaying, by the terminal device, a first interface of a first application in response to detecting the first operation, wherein the first interface comprises the first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement”.
As thus, Mo discloses or suggests the previously claimed feature(s). Accordingly, claim rejection of claims 1-18 and 20-21 under 35 USC § 102, over the cited prior art is maintained.
With regard to claims 1-18 and 20-21 rejection under 35 USC § 101:
The Claims Fail to Satisfy Both Prongs of Step 2A
Applicant argues that “the elements of the claims (individually or in combination) do not fall into any of these categories. Rather they are a practical application of a computing methodology that provides the improved message display method and related device. The application is practical at least due to detecting, by the processor of the terminal device, a first operation of a user, wherein the first operation is clicking a preset area; and displaying, by the terminal device, a first interface of a first application in response to detecting the first operation, wherein the first interface comprises the first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, wherein if the processor needs to use data of the first advertisement and the splash advertisement again, the processor directly invokes the data from a memory, avoids repeated access and reduces waiting time of the process, thereby improving system efficiency, and wherein the displaying the splash advertisement and the displaying the first interface of the first application in response to detecting the first operation are performed by an application framework layer of an operating system, the application framework layer being between an application layer and a kernel layer, as contrasted to being merely a mental or abstract process divorced from any real-world object (page 6/9)”.
Examiner disagrees. detecting, a first operation of a user, wherein the first operation is clicking a preset area; and displaying, a first interface of a first application in response to detecting the first operation, wherein the first interface comprises the first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement is directed to analyzing data and determining results based on the analysis. Since analyzing data is part of the abstract idea itself, any improvement obtained by automating the analyzing of the data in an improvement to the abstract idea which is an improvement in ineligible subject matters (see SAP v. Investpic: Page 2, line 22 through Page 3, line 13 - Even assuming that the algorithms claimed are groundbreaking, innovative or even brilliant, the claims are ineligible because their innovation is an innovation in ineligible subject matter because they are nothing but a series of mathematical algorithms based on selected information and the presentation of the results of those algorithms. Thus, the advance lies entirely in the realm of abstract ideas, with no plausible alleged innovation in the non-abstract application realm. An advance of this nature is ineligible for patenting; and Page 10, lines 18-24 - Even if a process of collecting and analyzing information is limited to particular content, or a particular source, that limitations does not make the collection and analysis other than abstract.
As such, the claims as drafted, falls within the “Certain Method of Organizing Human Activity” grouping of abstract ideas namely commercial or legal interactions because they recite advertising, marketing and sales activities or behaviors because they merely gather data, analyze the data, determine results based on the analysis, generate tailored content based on the results, and transmit the tailored content. Accordingly, the claim recites an abstract idea (i.e. “PEG” Revised Step 2A Prong One=Yes).
The use of “ the processor of the terminal device, memory” fails to (a) improve another technology or technical field and (b) improve the functioning of the computer itself and (c) applies the abstract idea with or by use of, a particular machine, which is a generic computer performing generic computer functions and are not seen to recite an improvement to another technology or technical field, an improvement to the functioning of the computer itself.
Indeed, the identified improvements recited by Applicant are really, at best improvements to the performance of the abstract idea (e.g., improvements made in the underlying business method ( message display method and related device), and not in the operations of any additional elements or technology.
As such, the examiner finds that any improvement obtained by practicing the claimed invention is an improvement to a business process. Second, under Step 2a, Prong 2, the improvement to a technology or technological field must be rooted in the additional element. Additional elements are those elements outside of the identified abstract idea itself.
In the instant case the only additional elements are “display, device, an interface and the processor of the terminal device, memory”, to provide a consistent user experience via a user input which are just general-purpose computers with generic computing components upon which the abstract idea is applied which is insufficient to transform an abstract idea into a practical application under Step 2a, Prong 2 or be considered significantly more under Step 2b. user interfaces (Uls) for performing user input is old and well known as per Usability.gov. As per Affinity v. Direct TV such generic user interfaces are generic computer components. Thus, any improvement obtained by practicing the abstract idea, is an improvement obtained by practicing the abstract idea and not rooting in the additional elements upon which the abstract idea is applied. Improvements of this nature are not patent eligible (see SAP v. Investpic: Page 2, line 22 through Page 3, line 13- Even assuming that the algorithms claimed are groundbreaking, innovative or even brilliant, the claims are ineligible because their innovation is an innovation in ineligible subject matter because there are nothing but a series of mathematical algorithms based on selected information and the presentation of the results of those algorithms.
Thus, the advance lies entirely in the realm of abstract ideas, with no plausible alleged innovation in the non-abstract application realm. An advance of this nature is ineligible for patenting; and Page 10, lines 18-24 - Even if a process of collecting and analyzing information is limited to particular content, or a particular source, that limitations does not make the collection and analysis other than abstract).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as discussed above, the additional elements of “ are “display, device, an interface and the processor of the terminal device, memory”,” amounts to no more than mere instructions to apply the exception using generic computer components. For the same reason these elements are not sufficient to provide an inventive concept. For these reasons, there is no inventive concept in the claim, and thus the claim is not patent eligible.
The combination of these additional elements is no more than mere instructions to apply the exception using generic computer components. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Accordingly, even in combination, 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.
Additionally, the claims of the instant invention have not been identified as a "Mental Process". Instead the claims of the instant invention have been identified as "Certain Methods of Organizing Human Activities". The Subject Matter Eligibility Guidelines indicate that "advertising, marketing or sales related activities" is a subcategory of "Certain Methods of Organizing Human Activities". There is no requirement that these "advertising, marketing, or sales related activities" be performed by a human being. Therefore, all steps involved in the performance of advertising, marketing or sales related activities are part of the abstract idea itself irrespective of whether they are performed by a computer or performed by a human being. Thus, the applicant's arguments are moot. As thus, the claim rejection of claims 1-18 and 20-21 under 35 U.S.C. § 101, is maintained.
The Claims Recite Significantly More than the Examiner's Identified Abstract Idea:
Applicant argues that “ Even if one were to view the claims as directed to an abstract idea (a point not conceded), the claims, as an ordered combination, are still eligible as they include significantly more than this idea. The claims are directed to a specific architecture that allows a computing system to improve message display method and related device. Independent claim 1, for example, accomplishes this by the following computing functions: detecting, by the processor of the terminal device, a first operation of a user, wherein the first operation is clicking a preset area; and displaying, by the terminal device, a first interface of a first application in response to detecting the first operation, wherein the first interface comprises the first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, wherein if the processor needs to use data of the first advertisement and the splash advertisement again, the processor directly invokes the data from a memory, avoids repeated access and reduces waiting time of the process, thereby improving system efficiency, and wherein the displaying the splash advertisement and the displaying the first interface of the first application in response to detecting the first operation are performed by an application framework layer of an operating system, the application framework layer being between an application layer and a kernel layer. This specific, ordered combination of elements provides a clear, inventive concept that renders the claims eligible under Step 2B because the claims recite a specific way to address a specific problem with specific functionality. Applicant further asserts that the specific combination of components provides a strong example of an inventive concept in that this particular arrangement is "significantly more" than a generic computing function. The ordered combination of elements presently claimed represent a unique, ordered combination which inherently adds "significantly more" to the alleged abstract idea. That is, the ultimate goals of the present claims are achieved using a specific, ordered combination of computing functions [and arrangement of components] and thus add significantly more to the "gist" of the invention (page 8/9)”.
Examiner disagrees. The use of the additional elements of “ the processor of the terminal device, memory” fails to (a) improve another technology or technical field and (b) improve the functioning of the computer itself and (c) applies the abstract idea with or by use of, a particular machine, which is a generic computer performing generic computer functions and are not seen to recite an improvement to another technology or technical field, an improvement to the functioning of the computer itself.
Indeed, the identified improvements recited by Applicant are really, at best improvements to the performance of the abstract idea (e.g., improvements made in the underlying business method ( message display method and related device), and not in the operations of any additional elements or technology.
As such, the examiner finds that any improvement obtained by practicing the claimed invention is an improvement to a business process. Second, under Step 2a, Prong 2, the improvement to a technology or technological field must be rooted in the additional element. Additional elements are those elements outside of the identified abstract idea itself.
In the instant case the only additional elements are “display, device, an interface and the processor of the terminal device, memory”, to provide a consistent user experience via a user input which are just general-purpose computers with generic computing components upon which the abstract idea is applied which is insufficient to transform an abstract idea into a practical application under Step 2a, Prong 2 or be considered significantly more under Step 2b. user interfaces (Uls) for performing user input is old and well known as per Usability.gov. As per Affinity v. Direct TV such generic user interfaces are generic computer components. Thus, any improvement obtained by practicing the abstract idea, is an improvement obtained by practicing the abstract idea and not rooting in the additional elements upon which the abstract idea is applied. Improvements of this nature are not patent eligible (see SAP v. Investpic: Page 2, line 22 through Page 3, line 13- Even assuming that the algorithms claimed are groundbreaking, innovative or even brilliant, the claims are ineligible because their innovation is an innovation in ineligible subject matter because there are nothing but a series of mathematical algorithms based on selected information and the presentation of the results of those algorithms.
Thus, the advance lies entirely in the realm of abstract ideas, with no plausible alleged innovation in the non-abstract application realm. An advance of this nature is ineligible for patenting; and Page 10, lines 18-24 - Even if a process of collecting and analyzing information is limited to particular content, or a particular source, that limitations does not make the collection and analysis other than abstract).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as discussed above, the additional elements of “ are “display, device, an interface and the processor of the terminal device, memory”,” amounts to no more than mere instructions to apply the exception using generic computer components. For the same reason these elements are not sufficient to provide an inventive concept. For these reasons, there is no inventive concept in the claim, and thus the claim is not patent eligible.
The combination of these additional elements is no more than mere instructions to apply the exception using generic computer components. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Accordingly, even in combination, 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 claim is directed to an abstract idea. As thus, the claim rejection of claims 1-18 and 20-21 under 35 U.S.C. § 101, is maintained.
Double Patenting Rejection
“Nonstatutory-type” double patenting rejection based on a judicially created doctrine grounded in public policy and which is primarily intended to prevent prolongation of the patent term by prohibiting claims in a second patent not patentably distinguishing from claims in a first patent. Nonstatutory double patenting includes rejections based on either a one-way determination of obviousness or a two-way determination of obviousness. Nonstatutory double patenting could include a rejection which is not the usual “obviousness-type” double patenting rejection. See MPEP § 804
A nonstatutory obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-18 and 20-21 are rejected on the ground of non-statutory double patenting over claims 1-21 of Patent No: 12153936 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because they are obvious variation of each other. Claims 1-18 and 20-21 of the instant application recites the limitation of “ displaying, by a processor of a terminal device, a splash advertisement, wherein the splash advertisement is displayed after a first application is opened and before the first application displays content; detecting, by the processor of the terminal device, a first operation of a user, wherein the first operation is clicking a preset area; and displaying, by the processor of the terminal device, a first interface of the first application in response to detecting the first operation, wherein the first interface comprises a first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, and wherein if the processor needs to use data of the first advertisement and the splash advertisement again, the processor directly invokes the data from a memory, avoids repeated access and reduces waiting time of the process”.
It would have been obvious to one of ordinary skill in the art to include in the instant application “displaying, by a processor of a terminal device, a splash advertisement, wherein the splash advertisement is displayed after a first application is opened and before the first application displays content; detecting, by the processor of the terminal device, a first operation of a user, wherein the first operation is clicking a preset area; and displaying, by the processor of the terminal device, a first interface of the first application in response to detecting the first operation, wherein the first interface comprises a first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, and wherein if the processor needs to use data of the first advertisement and the splash advertisement again, the processor directly invokes the data from a memory, with the motivation of providing the user with an appropriate and precise service based on the detection of the processor”.
This is a provisional double patenting rejection since the conflicting claims have not yet been patented. Applicant is required to either cancel the conflicting claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822. The subject matter claimed in the instant application is fully disclosed in the referenced issued application and would be covered by any patent granted on that issued patent issued application since the referenced issued application and the instant application are claiming common subject matter, as follows: displaying splash advertisement.
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 1-18 and 20-21 are directed to a system and a method which would be classified under one of the listed statutory classifications (i.e., 2019 Revised Patent Subject Matter Eligibility Guidance (hereinafter “PEG”) “PEG” Step 1=Yes). However, claims 1-18 and 20-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the following abstract idea:
displaying, a splash advertisement, wherein the splash advertisement is displayed after a first application is opened and before the first application displays content;
detecting, a first operation of a user, wherein the first operation is clicking a preset area; and
displaying, a first interface of the first application in response to detecting the first operation, wherein the first interface comprises a first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, and wherein if needs to use data of the first advertisement and the splash advertisement again, directly invokes the data, avoids repeated access and reduces waiting time of the process, thereby improving system efficiency, and wherein the displaying the splash advertisement in response to detecting the first operation are performed;
The limitations as detailed above, as drafted, falls within the “Certain Method of Organizing Human Activity” grouping of abstract ideas namely commercial or legal interactions because they recite advertising, marketing and sales activities or behaviors. Accordingly, the claim recites an abstract idea (i.e. “PEG” Revised Step 2A Prong One=Yes).
This judicial exception is not integrated into a practical application because the claim only recites the additional elements of a computer with one or more hardware processors coupled to ( display, memory, an interface, a processor of a terminal device and an application framework layer of an operating system, application framework layer being between an application layer and a kernel layer (e.g. a general purpose computer with generic computer components) to perform the claimed functions amounts to no more than mere instructions to apply the exception using one or more general-purpose computers and one or more generic computer component.
The following limitations, if removed from the abstract idea and considered additional elements, merely perform generic computer function of processing, storing, communicating (e.g., transmitting and receiving), and displaying data and, as such, are insignificant extra-solution activities (see MPEP 2016.05(d)(II) and MPEP 2106.05(g)):
displaying, by a processor of a terminal device, a splash advertisement, wherein the splash advertisement is displayed after a first application is opened and before the first application displays content (displaying data);
displaying, by the processor of the terminal device, a first interface of the first application in response to detecting the first operation, wherein the first interface comprises a first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, and wherein if the processor needs to use data of the first advertisement and the splash advertisement again, the processor directly invokes the data from a memory, avoids repeated access and reduces waiting time of the process, thereby improving system efficiency, and wherein the displaying the splash advertisement and the displaying the first interface of the first application in response to detecting the first operation are performed by an application framework layer of an operating system, the application framework layer being between an application layer and a kernel layer (displaying data);
More The additional technical elements above are recited at a high-level of generality (i.e., as a generic processor and generic computer components performing a generic computers function of processing, communicating and displaying) such that it amounts to no more than mere instructions to apply the exception using one or more general-purpose computers and generic computer components. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional technical elements above do not integrate the abstract idea/judicial exception into a practical application because it does not impose any meaningful limits on practicing the abstract idea. More specifically, the additional elements fail to include (1) improvements to the functioning of a computer or to any other technology or technical field (see MPEP 2106.05(a)), (2) applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition (see Vanda memo), (3) applying the judicial exception with, or by use of, a particular machine (see MPEP 2106.05(b)), (4) effecting a transformation or reduction of a particular article to a different state or thing (see MPEP 2106.05(c)), or (5) applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (see MPEP 2106.05(e) and Vanda memo).
Rather, the limitations merely add the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on one or more computers, or merely uses computers as a tool to perform an abstract idea (see MPEP 2106.05(f)), or generally link the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Thus, the claim is “directed to” an abstract idea (i.e. “PEG” Revised Step 2A Prong Two=Yes). When considering Step 2B of the Alice/Mayo test, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims do not amount to significantly more than the abstract idea.
Specifically, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using the additional elements of a computer with one or more hardware processors coupled to ( display, memory, an interface, a processor of a terminal device and an application framework layer of an operating system, application framework layer being between an application layer and a kernel layer (e.g. a general purpose computer with generic computer components) to perform the claimed functions amounts to no more than mere instructions to apply the exception using one or more general-purpose computers and one or more generic computer component.
“Generic computer implementation” is insufficient to transform a patent-ineligible abstract idea into a patent-eligible invention (See Affinity Labs, _F.3d_, 120 U.S.P.Q.2d 1201 (Fed. Cir. 2016), citing Alice, 134 S. Ct. at 2352, 2357) and more generally, “simply appending conventional steps specified at a high level of generality” to an abstract idea does not make that idea patentable (See Affinity Labs, _F.3d_, 120 U.S.P.Q.2d 1201 (Fed. Cir. 2016), citing Mayo, 132 S. Ct. at 1300). Moreover, “the use of generic computer elements like a microprocessor or user interface do not alone transform an otherwise abstract idea into patent-eligible subject matter (See FairWarning, 120 U.S.P.Q.2d. 1293, citing DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1256 (Fed. Cir. 2014)). As such, the additional elements of the claim do not add a meaningful limitation to the abstract idea because they would be generic computer functions in any computer implementation. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of the computer or improves any other technology. Their collective functions merely provide generic computer implementation.
The Examiner notes simply implementing an abstract concept on one or more computers, without meaningful limitations to that concept, does not transform a patent-ineligible claim into a patent-eligible one (See Accenture, 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Bancorp, 687 F.3d at 1280), limiting the application of an abstract idea to one field of use does not necessarily guard against preempting all uses of the abstract idea (See Accenture, 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Bilski, 130 S. Ct. at 3231), and further the prohibition against patenting an abstract principle “cannot be circumvented by attempting to limit the use of the [principle] to a particular technological environment” (See Accenture, 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Flook, 437 U.S. at 584), and finally merely limiting the field of use of the abstract idea to a particular existing technological environment does not render the claims any less abstract (See Affinity Labs, _F.3d_, 120 U.S.P.Q.2d 1201 (Fed. Cir. 2016), citing Alice, 134 S. Ct. at 2358; Mayo, 132 S. Ct. at 1294; Bilski v. Kappos, 561 U.S. 593, 612 (2010); Content Extraction & Transmission LLC v. Wells Fargo Bank, Nat’l Ass’n, 776 F.3d 1343, 1348 (Fed. Cir. 2014); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014).
Applicant herein only requires one or more general-purpose computer and generic computer components (as evidenced from paragraphs 41, 206 of the applicant’s specification) and the affinity v Direct TV decision which states that a database is a generic computer component); therefore, there does not appear to be any alteration or modification to the generic activities indicated, and they are also therefore recognized as insignificant activity with respect to eligibility.
Finally, the following limitations, if removed from the abstract idea and considered additional elements, would be considered insignificant extra solution activity as they are directed to merely receiving, displaying, storing, and/or transmitting data (see MPEP 2016.05(d)(II) and MPEP 2106.05(g)):
displaying, by a processor of a terminal device, a splash advertisement, wherein the splash advertisement is displayed after a first application is opened and before the first application displays content (displaying data);
displaying, by the processor of the terminal device, a first interface of the first application in response to detecting the first operation, wherein the first interface comprises a first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, and wherein if the processor needs to use data of the first advertisement and the splash advertisement again, the processor directly invokes the data from a memory, avoids repeated access and reduces waiting time of the process, thereby improving system efficiency, and wherein the displaying the splash advertisement and the displaying the first interface of the first application in response to detecting the first operation are performed by an application framework layer of an operating system, the application framework layer being between an application layer and a kernel layer (displaying data);
Thus, taken individually and in combination, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea) (i.e., “PEG” Step 2B=No). For the same reason these elements are not sufficient to provide an inventive concept. For these reasons, there is no inventive concept in the claim, and thus the claim is not patent eligible. Same Judicial analysis is applied here to independent claims 18 and 20.
The dependent claims 2-16 and 21 appears to merely further limit the abstract idea of Certain methods of organizing Human Activity” as it relates to commercial interactions of advertising, marketing, or sales activities or behaviors; business relations), by adding the additional steps of: wherein the preset area is an area of the splash advertisement, the preset area does not belong to a skip area of the splash advertisement, and the preset area does not belong to a details viewing area; or the preset area is an advertisement picture display area of the splash advertisement ( claims 2 and 21); wherein the first interface comprises a home page of the first application, or the first interface comprises a slide-down page of the home page of the first application, or the first interface comprises a video play page (claim 3); displaying, by the terminal device, a second splash advertisement; determining, by the terminal device, that the user did not click a skip area and the user did not click a details viewing area; and displaying, by the terminal device, a second interface of the first application, wherein the second interface comprises a second advertisement, and content of the second advertisement is related to content of the second splash advertisement (claim 4); wherein the first advertisement is a banner advertisement, or the first advertisement is an interstitial advertisement, or the first advertisement is a floating icon advertisement, and the floating icon advertisement is displayed above a page of the first application (claim 5); wherein the second advertisement is a banner advertisement, an interstitial advertisement, or a floating icon advertisement, and the floating icon advertisement is displayed above a page of the first application (claim 6); wherein preset duration is set for the floating icon, and the floating icon advertisement is displayed on the page of the first application within the preset duration (claim 7); detecting, by the terminal device, a second operation performed by the user on the first advertisement; and displaying an advertisement landing page of the first advertisement in response to the second operation (claim 8); detecting, by the terminal device, a third operation performed by the user on the splash advertisement; and displaying an advertisement landing page of the splash advertisement in response to the third operation, wherein the advertisement landing page of the splash advertisement is the same as the advertisement landing page of the first advertisement ( claim 9); wherein before the displayingsplash advertisement request, wherein the returned message comprises splash advertisement information and a first advertisement information set, the first advertisement information set comprises one or more pieces of first advertisement information, and advertisement content of the one or more first advertisements is related to advertisement content of the splash advertisement; and obtaining, by the terminal device, an advertisement material of the splash advertisement and an advertisement material of the first advertisement based on the returned message (claim 10); wherein the splash advertisement request comprises one or more of : a pre-loading identifier, an advertisement slot identifier, a device identifier, a user identifier, user behavior data, skipping displaying, by the third interface, the first advertisement ( claim 14); wherein before the sending the splash advertisement request to an advertisement server, the method further comprises: obtaining, by the terminal device, a first operation of the user, wherein the first operation is used to open an application (claim 15); wherein the returned message comprises one or more of : a download link of an advertisement material, an identifier of an advertisement, a name of the advertisement, a package name of an application, or address information of the terminal device (claim 16); wherein the obtaining the advertisement material of the splash advertisement and the advertisement material of the first advertisement based on the returned message comprises: downloading, by the terminal device, the advertisement material of the splash advertisement and the advertisement material of the first advertisement from the advertisement server; or determining, by the terminal device, whether the advertisement material of the splash advertisement and the advertisement material of the first advertisement are locally cached, and if the advertisement material of the splash advertisement and the advertisement material of the first advertisement are locally cached, obtaining, by the terminal device, the advertisement material of the splash advertisement and the advertisement material of the first advertisement locally ( claim 17); and therefore only further limit the abstract idea (i.e. “PEG” Revised Step 2A Prong One=Yes), does/do not include any new additional elements that are sufficient to amount to significantly more than the judicial exception, and as such are “directed to” said abstract idea (i.e. “PEG” Step 2A Prong Two=Yes); and do not add significantly more than the idea (i.e. “PEG” Step 2B=No).
Thus, based on the detailed analysis above, claims 1-18 and 20-21 are not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-18 and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mo et al, CN110430324 B.
As per claims 1, 18, Mo teaches:
displaying, by a processor of a terminal device, a splash advertisement, wherein the splash advertisement is displayed after a first application is opened and before the first application displays content (see at least paragraphs 53-54 and 63-65; paragraph 53 ( step 7: Today's head is loaded with a render-on-screen advertisement and is displayed by an operating system, as shown in (c) in FIG. 2. The user can see the off-screen advertisement from the brand slogan approximately 1-2s when seeing today's head. The display time of the open-screen advertisement can be 3 -5s, and it can be configured) ; paragraph 55 (wherein, before displaying the first page of the head page, the processing logic of the screen opening function, namely the step 3-step 7 occurs after the mobile phone operating system pulling the head, realized by the inner part of the head);
detecting, by the processor of the terminal device, a first operation of a user, wherein the first operation is clicking a preset area (see at least paragraph 66, (the electronic device 401 after receiving the user opening operation of the application, also can asynchronously obtain the application of the opening screen configuration information to the screen opening management server 402. The electronic device 401 may also asynchronously send the advertisement request for requesting the on-screen advertisement to the off-screen management server 402, so as to obtain the proper advertisement originality information); paragraph 124 (as shown in fig. 6, the application layer may further include: launchers. Launcher is a desktop system application for electronic devices, which is a system-level application. In this embodiment, when the electronic device receives a click operation of a user on an icon (e.g. preset area ) of an application with an open screen function displayed on a desktop, or receives a click operation of a user on a link of an application with an open screen function in other applications, the Launcher may call a frame of the electronic device, for example, a system open screen management module included in the frame of the electronic device, to implement a processing logic that completes the open screen function through an operating system, so as to display open screen information to the user, for example, to display an effect of a brand slogan and/or an open screen advertisement of the application to the user; paragraph 127(The system screen-opening Service module may also be referred to as a screen-opening (splash) Service (Service). The system screen-opening service module can be contained in an application program layer) ;
displaying, by the processor of the terminal device, a first interface of the first application in response to detecting the first operation, wherein the first interface comprises a first advertisement, wherein the first advertisement is associated with the splash advertisement, wherein content of the first advertisement is related to content of the splash advertisement, and wherein if the processor needs to use data of the first advertisement and the splash advertisement again, the processor directly invokes the data from a memory, avoids repeated access and reduces waiting time of the process, thereby improving system efficiency, and wherein the displaying the splash advertisement and the displaying the first interface of the first application in response to detecting the first operation are performed by an application framework layer of an operating system, the application framework layer being between an application layer and a kernel layer (see at least paragraph 66 (the electronic device 401 after receiving the user opening operation of the application, also can asynchronously obtain the application of the opening screen configuration information to the screen opening management server 402; paragraph 78 (The memory may store instructions or data that the processor 110 has just used or recycled. If the processor 110 needs to use the instruction or data again, it may be invoked directly from the memory. It avoids the repeated access, reduces the waiting time of the processor 110, so as to improve the efficiency of the system); paragraph 122( the Android system is divided into three layers, an application layer, an application framework layer (framework), and a kernel layer from top to bottom; paragraph 128 (The application framework layer (framework) provides an Application Programming Interface (API) and a programming framework for the application program of the application layer. A frame is an operational frame base of an electronic device. In this embodiment, the frame may further include an open screen processing module. The screen-opening processing module can be responsible for initializing the application when the application of the application program layer is started, and can also directly jump to a corresponding page (such as a home page of the application) according to the calling of the system screen-opening management module. In addition, a frame may also be responsible for providing a communication mechanism between applications.; paragraph 129 (inner core layer (e.g. Kernal layer) is a layer between hardware and software. The inner core layer (e.g. the kernel layer) at least comprises a display driver, a camera driver, an audio driver, a sensor driver and the like;
Examiner notes : For the purpose of this Examination the prior art terms (s) “ screen open and/ or opening screen” refers to “ the splash advertisement” ; and “management server 402 refers to the splash server”.
As per claim 2, Mo teaches:
wherein the preset area is an area of the splash advertisement, the preset area does not belong to a skip area of the splash advertisement, and the preset area does not belong to a details viewing area; or the preset area is an advertisement picture display area of the splash advertisement (see at least paragraph 26 (the electronic device receives the click operation of the link of the first application by the user; the link of the first application is contained in the page of the second application; the click operation of the link of the first application by the user is used for opening the first application; paragraph 66 (the electronic device 401 after receiving the user opening operation of the application, also can asynchronously obtain the application of the opening screen configuration information to the screen opening management server 402) ;
As per claim 3, Mo teaches:
wherein the first interface comprises a home page of the first application, or the first interface comprises a slide-down page of the home page of the first application, or the first interface comprises a video play page (see at least paragraphs 71 and 208; paragraph 71 (open screen information display after the application of the application of the default page (such as home page) of the link path) ; paragraph 85 (The application processor outputs a sound signal through an audio device (not limited to a speaker 170A, a receiver 170B, etc.), or displays an image or a video through a display screen 194, such as display screen opening information);
As per claim 4, Mo teaches:
displaying, by the processor of the terminal device, a second splash advertisement; determining, by the processor of the terminal device, that the user did not click a skip area and the user did not click a details viewing area ; displaying, by the processor of the terminal device, a second interface of the first application, wherein the second interface comprises a second advertisement, and content of the second advertisement is related to content of the second splash advertisement (see at least paragraph ( see at least paragraph 26 (the electronic device receives the click operation of the link of the first application by the user; the link of the first application is contained in the page of the second application; the click operation of the link of the first application by the user is used for opening the first application );
As per claim 5, Mo teaches:
wherein the first advertisement is a banner advertisement, or the first advertisement is an interstitial advertisement, or the first advertisement is a floating icon advertisement, and the floating icon advertisement is displayed above a page of the first application (see at least paragraph 53 (Today's head is loaded with a render-on-screen advertisement and is displayed by an operating system, as shown in (c) in FIG. 2);
As per claim 6, Mo teaches:
wherein the second advertisement is a banner advertisement, an interstitial advertisement, or a floating icon advertisement, and the floating icon advertisement is displayed above a page of the first application (see at least paragraph 63 (the electronic device 401 can select the proper screen-opening advertisement from the local cache of the open-screen advertisement, the electronic device 401 of the operating system is displayed to the user. In some other embodiments, the electronic device 401 can display application brand slogan and screen opening advertisement to the user through the operating system of the electronic device 401);
As per claim 7, Mo teaches:
wherein preset duration is set for the floating icon, and the floating icon advertisement is displayed on the page of the first application within the preset duration (see at least paragraph 53 (Today's head is loaded with a render-on-screen advertisement and is displayed by an operating system, as shown in (c) in FIG. 2. The user can see the off-screen advertisement from the brand slogan approximately 1-2s when seeing today's head. The display time of the open-screen advertisement can be 3- 5s, and it can be configured) ;
As per claim 8, Mo teaches:
detecting, by the processor of the terminal device, a second operation performed by the user on the first advertisement; and displaying, by the processor, an advertisement landing page of the first advertisement in response to the second operation (see at least paragraph 53 (Today's head is loaded with a render-on-screen advertisement and is displayed by an operating system, as shown in (c) in FIG. 2. The user can see the off-screen advertisement from the brand slogan approximately 1-2s when seeing today's head. The display time of the open-screen advertisement can be 3- 5s, and it can be configured) ; paragraph 54 (the user can manually skipping or waiting for about 3-5s after the open-screen advertisement display is finished, the mobile phone can display the first page of today's head, as shown in FIG. 2 (d). To this end, the start of the headline was completed today);
As per claim 9, Mo teaches:
detecting, by the processor of the terminal device, a third operation performed by the user on the splash advertisement; and displaying, by the processor, an advertisement landing page of the splash advertisement in response to the third operation, wherein the advertisement landing page of the splash advertisement is the same as the advertisement landing page of the first advertisement (see at least paragraph 48 (step 3: After pulling up today's head, the head of the mobile phone can be loaded with the rendering default white screen, and displayed by the operating system, as shown in (a) in FIG. 2. wherein, the white screen can be used as the page transition from the desktop or other application to the mark in the head. The operation from the user to open today's head is to see that the white screen is about 100-200ms); paragraph 55 (wherein, before displaying the first page of the head page, the processing logic of the screen opening function, namely the step 3-step 7 occurs after the mobile phone operating system pulling the head, realized by the inner part of the head);
As per claim 10, Mo teaches:
wherein before the displaying the splash advertisement, the method further comprises:
sending, by the processor of the terminal device, a splash advertisement request to an advertisement server;
receiving, by the processor of the terminal device, a returned message sent by the advertisement server in response to the splash advertisement request, wherein the returned message comprises splash advertisement information and a first advertisement information set, the first advertisement information set comprises one or more pieces of first advertisement information, and advertisement content of the one or more first advertisements is related to advertisement content of the splash advertisement;
obtaining, by the processor of the terminal device, an advertisement material of the splash advertisement and an advertisement material of the first advertisement based on the returned message;
See at least paragraphs 45-50; paragraph 46 step 1: The operating system of the mobile phone receives the operation of opening the head by the user; paragraph 47( step 2: the operation system of the mobile phone according to the operation of the user, the background preparation initializing the resource needed by the head, and using these resources to initialize the head, so as to pull the head; Paragraph 48 ( step 3: After pulling up today's head, the head of the mobile phone can be loaded with the rendering default white screen, and displayed by the operating system, as shown in (a) in FIG. 2.wherein, the white screen can be used as the page transition from the desktop or other application to the mark in the head. The operation from the user to open today's head is to see that the white screen is about 100-200ms); paragraph 49 ( step 4: after the headline initialization is completed, if the headline needs to perform the application brand slogan display, then the brand slogan for rendering the headline today, and displayed by the operating system, as shown in FIG. 2 (b). The user can see the brand Slogan of today's head by seeing the white screen about 300-500ms. That is to say, the operation from the user to open today's head is about 500ms to see the brand Slogan of today's headline);
As per claim 11, Mo teaches:
wherein the splash advertisement request comprises one or more of: a pre-loading identifier, an advertisement slot identifier, a device identifier, a user identifier, or user behavior data (see at least paragraph 68 (The advertisement originality information may also include: The identification (ID, ID) of the on-screen advertisement, price belongs to which promotion task and so on);
As per claim 12, Mo teaches:
detecting, by the processor of the terminal device, a fourth operation of the user, wherein the fourth operation is clicking a skip area; displaying, by the processor of the terminal device, a third interface of the first application, and displaying, by the processor of the third interface, a third advertisement, wherein content of the third advertisement is unrelated to the content of the splash advertisement; and obtaining, by the terminal device, an advertisement material of the third advertisement based on a second returned message (see at least paragraph 54 (the user can manually skipping or waiting for about 3-5s after the open-screen advertisement display is finished, the mobile phone can display the first page of today's head, as shown in FIG. 2 (d). To this end, the start of the headline was completed today); paragraph 158 (the open-screen advertisement cached in the mobile phone can be dynamically updated when the user opens the application with function of screen-opening function in the mobile phone); paragraph 158 (the open-screen advertisement cached in the mobile phone can be dynamically updated when the user opens the application with function of screen-opening function in the mobile phone);
As per claim 13, Mo teaches:
sending, by the processor of the terminal device, a third advertisement request to an advertisement server, wherein the third advertisement request is used to request advertisement information to be displayed in the third interface from the advertisement server (see at least paragraph 158 (the open-screen advertisement cached in the mobile phone can be dynamically updated when the user opens the application with function of screen-opening function in the mobile phone);
receiving, by the processor of the terminal device, the second returned message sent by the advertisement server in response to the third advertisement request, wherein the second returned message comprises third advertisement information, and advertisement content of the third advertisement information is unrelated to the advertisement content of the splash advertisement (see at least paragraph 8 (As shown in FIG. 2 (c), the mobile phone display screen-opening advertisement 203. Finally, after the opening screen advertisement 203 display or the user manually clicks skipping the opening screen advertisement 203, as shown in FIG. 2 (d), the mobile phone automatically displays the first page 204 of today's head) ; paragraph 46 step 1: The operating system of the mobile phone receives the operation of opening the head by the user; paragraph 47( step 2: the operation system of the mobile phone according to the operation of the user, the background preparation initializing the resource needed by the head, and using these resources to initialize the head, so as to pull the head; Paragraph 48 ( step 3: After pulling up today's head, the head of the mobile phone can be loaded with the rendering default white screen, and displayed by the operating system, as shown in (a) in FIG. 2.wherein, the white screen can be used as the page transition from the desktop or other application to the mark in the head. The operation from the user to open today's head is to see that the white screen is about 100-200ms); paragraph 49 ( step 4: after the headline initialization is completed, if the headline needs to perform the application brand slogan display, then the brand slogan for rendering the headline today, and displayed by the operating system, as shown in FIG. 2 (b). The user can see the brand Slogan of today's head by seeing the white screen about 300-500ms. That is to say, the operation from the user to open today's head is about 500ms to see the brand Slogan of today's headline);
As per claim 14, Mo teaches:
by the processor of the terminal device, a fourth operation of the user, wherein the fourth operation is clicking the skip area; and displaying, by the processor of the terminal device, a third interface of the first application, and skipping displaying, by the third interface, the first advertisement (see at least paragraph 54 (the user can manually skipping or waiting for about 3-5s after the open-screen advertisement display is finished, the mobile phone can display the first page of today's head, as shown in FIG. 2 (d). To this end, the start of the headline was completed today); paragraph 158 (the open-screen advertisement cached in the mobile phone can be dynamically updated when the user opens the application with function of screen-opening function in the mobile phone);
As per claim 15, Mo teaches:
obtaining, by the processor of the terminal device, a first operation of the user, wherein the first operation is used to open an application (see at least paragraph 179 (the mobile phone receives the user opening today head operation as an example. The system open-screen management module of the mobile phone can request the open screen advertisement to the system open-screen service module of the mobile phone, wherein it can carry the packet name of the head);
As per claim 16, Mo teaches:
wherein the returned message comprises one or more of: a download link of an advertisement material, an identifier of an advertisement, a name of the advertisement, a package name of an application, or address information of the terminal device (see at least paragraph see at least paragraph 68 (The advertisement originality information may also include: The identification (ID, ID) of the on-screen advertisement, price belongs to which promotion task and so on);
As per claim 17, Mo teaches:
downloading, by the processor of the terminal device, the advertisement material of the splash advertisement and the advertisement material of the first advertisement from the advertisement server; or determining, by the processor of the terminal device, whether the advertisement material of the splash advertisement and the advertisement material of the first advertisement are locally cached, and if the advertisement material of the splash advertisement and the advertisement material of the first advertisement are locally cached, obtaining, by the terminal device, the advertisement material of the splash advertisement and the advertisement material of the first advertisement locally (see at least paragraph 176 (S714, the open-screen management server to the system of the mobile phone service module returns the advertisement originality information, advertisement creative information comprises a download path of the open-screen advertisement) ;
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Jones et al, US Pat No: 8,805,715 B1 teaches System, method, computer program and computer program improve performance of messaging campaigns particularly of Internet web splash pages. Executing, improving, and desirably optimizing performance of marketing campaigns in which splash pages or other splash pages are shown to visitors on a web site. System and method provide an automated splash page targeting and allocation scheme that is dynamic and adaptive. System for autonomously selecting attributes of a splash page to improve splash page performance in an interactive measurable medium such as the Internet if such attributes are available, includes means for receiving splash page attribute configuration information and splash page performance information, an optimization engine receiving the splash page performance information and making decisions based on received splash page performance information and predetermined rules to generate future splash page attribute configuration information, and a splash page server to deliver splash pages based on future splash page attribute configuration information.
Robins et al, US Pat No: 6173445 B1 teaches A method of displaying information to a user upon startup of a program on a first computer. The method includes obtaining the information from a second computer and, upon startup of the program on the first computer, displaying the information. A method is described, where the program is a program that runs on a first computer. A second computer sends, over the network to first computer, information to be displayed to a user. A command is received to launch the program. After receiving the command to launch the program and without user intervention, at least a portion of the information is displayed. Without user intervention, the at least a portion of the information is removed. A method, wherein the information is obtained over a network is described, as well as wherein the network comprises the internet. An embodiment wherein the information is described in a flash screen is described.
Brown et al, US Pub No: 2015/0073892 A1, teaches Systems and methods for launching an advertised application to perform an intent are provided. An advertisement for an application is created, and an intent (such as playing indicated media) is associated with the advertisement. Upon interacting with the advertisement on an end user computing device, the application is launched and passed the intent for processing, if the application is installed on the end user computing device. If the application is not installed on the end user computing device, the application is downloaded and installed on the end user computing device, and the intent is provided to the application upon the first execution of the application for processing.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 files within TWO MONTHS from 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Affaf Ahmed whose telephone number is 571-270-1835. The examiner can normally be reached on [ Mon-Thursday 8-6 pm ].
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Ilana Spar can be reached at 571-270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AFAF OSMAN BILAL AHMED/Primary Examiner, Art Unit 3622
