DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 18, 2026 has been entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
At step 1, claim 1 is directed to a method, claim 9 is directed to a device, and claim 17 is directed to a non-transitory computer-readable storage medium. Thus, claims 1, 9, and 17 are directed to statutory categories of patentable subject matter.
At step 2A, prong I, the independent claims recite, "displaying, in response to a select operation on a target campaign template, an element to be configured that corresponds to the target campaign template, wherein the element to be configured is used to represent campaign information that needs to be configured for a target campaign corresponding to the target campaign template; receiving campaign configuration information entered for the element to be configured; and generating a campaign configuration file corresponding to the target campaign based on the campaign configuration information, wherein the campaign configuration file is applied to a terminal on which the target campaign is deployed, wherein before displaying, in response to the select operation on the target campaign template, the element to be configured that corresponds to the target campaign template, the method further comprises: displaying, based on campaign application object information carried in a context injection parameter, candidate campaign templates corresponding to the campaign application object information, wherein the context injection parameter comprises at least two of a linkage display mode, a verification condition, and a data transformation rule corresponding to the campaign application object information, and the linkage display mode indicates a display relationship between a plurality of elements to be configured, and the verification condition indicates restriction scope information of the element to be configured."
These limitations, under their broadest reasonable interpretations, recite certain methods of organizing human activity. The claimed invention receives campaign configuration information and generates a campaign configuration file which are advertising and marketing activities and behaviors since an advertising campaign is being generated. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
At step 2A, prong II, the judicial exception is not integrated into a practical application. In particular, the independent claims recite: "an electronic device", "a processing unit", "a memory", and "a terminal device". These additional elements are generic computing elements performing generic computer functions such that it amounts to no more than mere instructions to apply the exception using a computer. These limitations can also be viewed as nothing more than an attempt to generally link the user of the judicial exception to the technological environment of a computer. The additional elements of "displaying, in response to a select operation on a target campaign template, an element to be configured that corresponds to the target campaign template" and "displaying, based on campaign application object information carried in a context injection parameter, candidate campaign templates corresponding to the campaign application object information" are extra-solution activity and is a mere nominal or tangential addition to the claim. See MPEP 2106.05(g), discussing limitations that the Federal Circuit has considered to be insignificant extra-solution activity, for instance the step of printing a menu that was generated through an abstract process in Apple, Inc. V. Ameranth, Inc., 842 F.3d 1229, 1241-42 (Fed. Cir. 2016). Even when viewed in combination, the additional elements in the independent claims do no more than automate the certain methods of organizing human activity, using computer components as a tool. There is no change to the device or technology that are recited in the claims as automating the abstract idea, and thus the claims cannot improve computer functionality or other technology. See, e.g., Trading Technologies Int'l V. IBG, Inc., 921 F.3d 1084, 1093 (Fed. Cir. 2019) (using a computer to provide a trader with more information to facilitate market trades improved the business process of market trading, but not the computer) and the cases discussed in MPEP 2106.05(a)(I), particularly FairWarning IP, LLC V. latric Sys., 839 F.3d 1089, 1095 (Fed. Cir. 2016) (accelerating a process of analyzing audit log data is not an improvement when the increased speed comes solely from the capabilities of a general-purpose computer) and Credit Acceptance Corp. V. Westlake Services, 859 F.3d 1044, 1055 (Fed. Cir. 2017) (using a generic computer to automate a process of applying to finance a purchase is not an improvement to the computer's functionality). Accordingly, the claim as a whole does not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception.
At step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application the additional elements of "an electronic device", "a processing unit", "a memory", and "a terminal device" are generic computing elements are at best the equivalent of merely adding the words "apply it" to the judicial exception. Mere instructions to apply an exception cannot provide an inventive concept. The other additional element is "displaying, in response to a select operation on a target campaign template, an element to be configured that corresponds to the target campaign template" and "displaying, based on campaign application object information carried in a context injection parameter, candidate campaign templates corresponding to the campaign application object information", which are extra-solution activity, which for purposes of Step 2A Prong Two was considered insignificant. Under the 2019 PEG, however, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. 2019 PEG Section III(B), 84 Fed. Reg. at 56. At Step 2B, the evaluation of the insignificant extra-solution activity consideration takes into account whether or not the extra-solution activity is well-known. See MPEP 2106.05(g). Here, the recitation of displaying data is also well-known per [0031] of Khoury (P. G. Pub. No. 2021/0042796), Figs. 18-A-D of Lee (P. G. Pub. No. 2023/0059606), and Fig. 4 and [0025] of Goenka (P. G. Pub. No. 2014/0156416). Thus, this limitation therefore remain insignificant extra-solution activity even upon reconsideration, and does not amount to significantly more. Even when considered in combination, these additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, which cannot provide an inventive concept. The independent claims are not eligible.
Dependent claims 2-8, 10-16, and 18-20, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent Claims 1, 9 and 17 without significantly more, see detailed analysis in the previous Office Action.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khoury et al. (US 2021/0042796).
1. A computer-implemented campaign configuration method, comprising (abstract):
9. An electronic device, comprising: a processing unit; and a memory coupled to the processing unit and storing instructions, the instructions, when executed by the processing unit, causing the electronic device to ([0442] and [0024]):
17. A non-transitory computer-readable storage medium, wherein the computer-readable storage medium stores instructions therein, and the instructions, when run on a terminal device, cause the terminal device to ([0445]):
displaying, in response to a select operation on a target campaign template, an element to be configured that corresponds to the target campaign template (Fig. 4A, [0166]" For example, as can be seen with reference to FIG. 4A, using the dashboard interface presented at one or more client computing devices 20A, an advertisement campaign may be set up, and an advertisement created, such as by interacting with a series of online interrogatories and/or manipulative text and/or image boxes. For instance, using the dashboard interface, the format, images, texts, URLs, links, a call to action, and an objective can all be configured. The advertisement may be composed of a variety of components that may be combined together to form a dynamic advertisement having interchangeable assets. " [0024] Accordingly, in one aspect, provided herein is a system for executing an advertisement generation pipeline for generating an advertisement from one or more media elements, such as a template and
a media component, for instance, where the media components includes a text component and/or an image component. For example, the present system may be configured for collecting media elements, which media elements once collected may then be scored and stored in a memory, such as a media repository, which in various embodiments, may be a structured library. Hence, the system may include a memory that is configured for storing the plurality of media elements including a collection of media templates and a collection of media components, such as where the media components include a text and/or an image component, which may be integrated together to for the advertisement, such as by the processes of a computing device, for example, implemented by a central processing unit, graphics processing unit, and/or a server including one or more of the same."),
wherein the element to be configured is used to represent campaign information that needs to be configured for a target campaign corresponding to the target campaign template; receiving campaign configuration information entered for the element to be configured ([0097] "For instance, in various embodiments, the system may solicit user input so as to determine which type or form of creative content [element], template and/or media rich assets are to be employed, what the objective of the advertisement is, how much is to be spent, e.g., budget per ad, the duration of the advertisement campaign, and who is the audience [these are all campaign information]. For example, a template reflecting the universal look and feel of the national brand can be employed, while information pertaining to each of the localized franchisees, as well as their servicing of the localized market, can be retrieved and inserted into the communication template, e.g., at one or more defined containers of one or more layers of the template, so as to generate a variety of advertisements that all have the same
look and feel, but where each is uniquely catered to the local audience to which they are to be distributed, such as by posting on one or more social media modalities unique to each market."); and
generating a campaign configuration file corresponding to the target campaign based on the campaign configuration information ([0245] "As such the viewer element may be embedded within the advertisement builder and may be configured to render one or more core file types so that the user, e.g., advertisement builder, can edit desired content in the containers. Likewise, viewer element may be configured for rendering content files [campaign configuration file] into a variety formats such as .swf,
pdf, xml, html, txt, and/or other formats, as disclosed herein."),
wherein the campaign configuration file is applied to a terminal on which the target campaign is deployed ([0032] "More particularly, the present system allows a single user to create and deploy advertisements across a wide variety of social media modalities and amongst a large number of social media accounts with customized language and images, e.g., with just a few clicks of a button." See also [0145], [0250], and [0251].),
wherein before displaying, in response to the select operation on the target campaign template, the element to be configured that corresponds to the target campaign template, the method further comprises: displaying, based on campaign application object information carried in a context injection parameter, candidate campaign templates corresponding to the campaign application object information ([0031] "For instance, the advertisement generation module may include a server for constructing a project dashboard that is configured for producing a graphical user interface that may be presented at a display of a client computing device of a system user, such as a system at an advertiser or company seeking to generate and distribute advertisements. In such an instance, the project dashboard may include controls for allowing the user to view and select the media template and the media component for integration therewith. An advertisement builder for accessing the memory and building the advertisement may also be included, such as based on the media template and media component selected by the user, or by the system itself." See also [0106] and [0107] for campaign application object information "geographical region" per par. [0079] of the specification.),
wherein the context injection parameter comprises at least two of a linkage display mode, a verification condition, and a data transformation rule corresponding to the campaign application object information, and the linkage display mode indicates a display relationship between a plurality of elements to be configured, and the verification condition indicates restriction scope information of the element to be configured ([0188] In various embodiments, where the advertisement elements are encoded but not fully combined into an advertisement, but stored at least partially individually, they can be combined automatically by the system, and in like manner, the user can create automated rules [data transformation rule] for the advertisements and the ad campaigns, so as to regulate the parameters of component integration, ad creation, deployment, range, budget, ad elements, and the like, all of which can be adjusted by the controls, so as to be automatically deployed and/or adjusted such as on the occurrence of certain selected conditions. In this manner automated rules for organizing and running the campaign can be determined and selected by the user. [0104] Additionally, the links between the created ad sets, ad creative, and components thereof may also likewise be stored. Various meta-data may be written, associated with the media components, and used for storing and recalling each data component. [0183] so as to distribute advertisements within a defined radius, location, region, and the like…Hence, the system, e.g., via the dashboard interface, can be used to create and save audiences, including custom and lookalike audiences, for the promotion of highly targeted advertisements. See also [0326] Further, once a form has been generated, it may be published immediately and/or it may be stored in a database, such as a categorized library, for later viewing and/or use. In this instance, the generated lead advertisement for each location is posted on designated, location specific Facebook pages… This is analogous to the restriction scope information as defined in the specification, where an ad is restricted to a specific audience, equivalent to the location as described by Khoury).
Regarding claims 2, 10, and 18, Khoury teaches wherein the target campaign template is configured with a template file ([0251] "The text component is positioned inside the core template file as a core design layer that functions to load and display HTML formatted text. Particularly, during the
integration process the text component gets positioned into the design layer, is catalogued according to the class WL, and is configured to load and display HTML text content."),
page rendering information of the target campaign template on each of a plurality of pages is defined in the template file ([0245] "In particular instances, the project dashboard may include, or otherwise generate, a project viewer and/or a control interface for allowing a user, e.g., a system operator like an advertiser or a promoter or seller of goods and services, to view and select a media template and a media component for being integrated within the template so as to generate the advertisement. In more particular instances, the viewer element may be configured for displaying the
media elements, e.g., during advertisement construction, and/or may be configured for playing the advertisement once constructed and generated. As such the viewer element may be embedded within the advertisement builder and may be configured to render one or more core file types so that the user, e.g., advertisement builder, can edit desired content in the containers. Likewise, viewer element may be configured for rendering content files into a variety formats such as swf, pdf, xml, html, txt, and/or other formats, as disclosed herein."),
and the displaying, in response to a select operation on a target campaign template, the element to be configured that corresponds to the target campaign template comprises (Fig. 4A, [0168] "As can be seen with respect to FIG. 4A, the communication being built, configured, and formatted can be rendered substantially real-time, such as for display via an in application review panel. For instance, the desktop interface may be configured in a variety of manners so as to present a multiplicity of options to a user with respect to building, generating, and/or distributing a communication. Particularly, a format selector may be presented SO as to allow a user to select a format for the media components to be employed in generating the advertisement, such as in a dynamic text, image, graphic, video, carousel, and/or other media rich content format. Such content can be generated by or otherwise uploaded into the system. In various instances, the media rich content may be configured dynamically, e.g., by a generation engine of the system, such as to be automatically."): obtaining page rendering information corresponding to a first page from the template file corresponding to the target campaign template in response to the select operation on the target campaign template ([0297] "For instance, in this embodiment, the images selectable for incorporation into the template are digital photographs, which can be collected, generated by the system, or uploaded by a user. However, in other instances, the images may be a video image, and in certain instances an image and/or video carousel may be provided. In such instances, the image data to be employed may be functionalized by the system, such as for media rich advertisement generation. Accordingly, as can be seen with respect to FIG. 4A, the system may be configured for dynamically selecting an image, such as from an image repository, embedding the image with coding, e.g., SO as to generate a media rich image component, and for incorporating the image into an advertisement template, e.g., a template architecture having a container including corresponding coding to the embedded image. The system may do this autonomously or in response to user inputs."); and
displaying, on the first page based on the page rendering information corresponding to the first page, the element to be configured that corresponds to the target campaign template (Fig 4A, Fig. 9A and 9B, [0305] "Accordingly, the presented advertisement dashboard is configured to generate a project viewer [displaying] for not only previewing the advertisement elements to be selected for building an advertisement, but also for selecting the parameters of the advertising campaign. For instance, the project viewer may allow a user to preview and select advertisement objectives, define a budget and allocate how it is to be dispersed, e.g., set a custom budget per ad or entire ad campaign budget, and to select a duration for the advertising campaign." See also [0306].).
Regarding claims 3, 11, and 19, Khoury teaches wherein an information configuration module corresponding to a second page is defined in page rendering information corresponding to the second page in the plurality of pages, the information configuration module is configured with a configuration module file, the element to be configured that corresponds to the information configuration module is defined in the configuration module file, and the element to be configured is used to represent campaign information that needs to be configured for the information configuration module (Fig. 4B shows 4 different pages being configured based on the parameters selected by the user ("general", "Ad account and target audience", "budget and spend strategy". [0250] "Using the dashboard viewer and/or advertisement viewer, a user of the platform can view, fabricate, edit, and comment on advertisements and their components. Hence, through the configurations and functionalities set forth herein the various design layers may be assigned and the templates configured so as to provide the user context within the design SO content can be configured and assigned to appropriate containers. As indicated, the various slide types may be employed to organize the quantity and type of content that will be displayed on any given slide. For instance, a text container, an image container, a graphics container, an animation container, and/or a video container may be included, such as where the text container includes text components used for displaying HTML formatted text, the image container includes image components used for displaying images, such as .swf files, and the video container includes video components, such as is configured to display streaming video, and the like." See also [0251].).
Regarding claims 4, 12, and 20, Khoury teaches wherein the element to be configured is configured with an element file, element rendering information of the element to be configured on each of the plurality of pages is defined in the element file ([0245] "In particular instances, the project dashboard may include, or otherwise generate, a project viewer and/or a control interface for allowing a user, e.g., a system operator like an advertiser or a promoter or seller of goods and services, to view and select a media template and a media component for being integrated within the template so as to generate the advertisement. In more particular instances, the viewer element may be configured for displaying the media elements, e.g., during advertisement construction, and/or may be configured for playing the advertisement once constructed and generated. As such the viewer element may be embedded within the advertisement builder and may be configured to render one or more core file types so that the user, e.g., advertisement builder, can edit desired content in the containers. Likewise, viewer element may be configured for rendering content files into a variety formats such as .swf, pdf, xml, html, txt, and/or other formats, as disclosed herein."),
and the displaying, on the first page based on the page rendering information corresponding to the first page, the element to be configured that corresponds to the target campaign template comprises: obtaining element rendering information of the element to be configured on the first page based on the page rendering information corresponding to the first page; and displaying the element to be configured on the first page based on the element rendering information of the element to be configured on the first page (Fig. 9B show the rending information in the "Format" box and changing the format information creates 3 different pages as can be seen on the right of Fig 9B. See also [0302]-[0303].).
Regarding claims 5 and 13, Khoury teaches further comprising: obtaining, in response to a trigger operation for switching from the first page to a third page, element rendering information of the element to be configured on the third page from page rendering information corresponding to the third page; and switching display from the first page to the third page, and displaying the element to be configured on the third page based on the element rendering information of the element to be configured on the third page (Fig. 9B shows obtaining element rendering information through a trigger operation since the user selects from different drop down menus and the display switches from a first page i.e. "Company A.COM John Smith" to third page "Company A.COM Linda Miller" based on the different drop down menus or triggers that the user selects. See also [0304] and [0305].).
Regarding claims 6 and 14, Khoury teaches wherein the candidate campaign templates comprise the target campaign template, and the campaign application object information is used to represent an application object corresponding to the target campaign ([0031] "For instance, the advertisement generation module may include a server for constructing a project dashboard that is configured for producing a graphical user interface that may be presented at a display of a client computing device of a system user, such as a system at an advertiser or company seeking to generate and distribute advertisements. In such an instance, the project dashboard may include controls for allowing the user to view and select the media template and the media component for integration therewith. An advertisement builder for accessing the memory and building the advertisement may also be included, such as based on the media template and media component selected by the user, or by the system itself." See also [0106] and [0107] for campaign application object information "geographical region" per par. [0079] of the specification.).
Regarding claims 7 and 15, Khoury teaches wherein after the generating a campaign configuration file corresponding to the target campaign based on the campaign configuration information, the method further comprises ([0245] "As such the viewer element may be embedded within the advertisement builder and may be configured to render one or more core file types SO that the user, e.g., advertisement builder, can edit desired content in the containers. Likewise, viewer element may be configured for rendering content files [campaign configuration file] into a variety formats such as swf, pdf, xml, html, txt, and/or other formats, as disclosed herein."):
verifying, in response to a submit operation for the campaign configuration file, the campaign configuration information in the campaign configuration file based on a verification condition corresponding to the campaign application object information carried in the context injection parameter ([0145] "A suggested budget may also be set, or the user can set forth the spend per ad themselves. In various instances, the central facility may set the approvals and require that all advertisements be approved before deployment, or they may set the parameters that the system verifies before deployment." [0128] "Furthermore, as can be seen with respect to FIG. 1D, prior or upon distribution the system may perform a readiness determination. For instance, assets may be checked based on the asset class, type, genre, based on the components, and the like. Particularly, the system may determine that the assets have been loaded into the templates and the advertisement is ready to be distributed, such as in accordance with a determined schedule and/or token, e.g., a token associated based on the creator of the assets. Once approved, the assets can be pooled and the advertisement may be generated and can be transmitted to the selected social media platform for distribution thereby, such as altogether or in batches.).
Regarding claims 8 and 16, Khoury teaches wherein after the displaying, in response to a select operation on a target campaign template, the element to be configured that corresponds to the target campaign template, the method further comprises ([0031] "For instance, the advertisement generation module may include a server for constructing a project dashboard that is configured for producing a graphical user interface that may be presented at a display of a client computing device of a system user, such as a system at an advertiser or company seeking to generate and distribute advertisements. In such an instance, the project dashboard may include controls for allowing the user to view and select the media template and the media component for integration therewith. An advertisement builder for accessing the memory and building the advertisement may also be included, such as based on the media template and media component selected by the user, or by the system itself." See also [0106] and [0107] for campaign application object information "geographical region" per par. [0079] of the specification.):
processing, in response to a select operation on a target element to be configured, campaign configuration information corresponding to the target element to be configured, based on a linkage display mode, the verification condition, and/or a data transformation rule corresponding to the campaign application object information carried in the context injection parameter ([0188] "In various embodiments, where the advertisement elements are encoded but not fully combined into an advertisement, but stored at least partially individually, they can be combined automatically by the system, and in like manner, the user can create automated rules for the advertisements and the ad campaigns, so as to regulate the parameters of component integration, ad creation, deployment, range, budget, ad elements, and the like, all of which can be adjusted by the controls, SO as to be automatically deployed and/or adjusted such as on the occurrence of certain selected conditions. In this manner automated rules for organizing and running the campaign can be determined and selected by the user.").
Response to Arguments
Applicant's arguments filed February 18, 2026 have been fully considered but they are not persuasive. Applicant argues that the claims have overcome the 101 rejection because they show a computer-implemented campaign with a physical practical application that is not WURC. These arguments are conclusory in nature and do not point to any specific facts about the claims or the application to support these arguments. Therefore, the arguments are not persuasive.
Applicant further argues that Khoury fails to teach the amended limitations. Applicant argues that Khoury does not teach a context injection parameter. However, as clarified above and shown in Khoury, the reference teaches metadata used to format the advertisement based on audience or location, i.e. context, and the metadata is a parameter. Therefore, Khoury teaches a context injection parameter. Applicant further argues that Khoury fails to teach data transformation rules, stating that the automated rules of Khoury are not the same as the data transformation rules of the claim. However, this is not supported by the Applicant’s argument, and appears a mere allegation, possibly based on a broader claim interpretation than is required. Therefore, Applicant’s arguments are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ILANA L SPAR whose telephone number is (571)270-7537. The examiner can normally be reached 8-4 M-F.
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/ILANA L SPAR/ Supervisory Patent Examiner, Art Unit 3622
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