DETAILED ACTION
The present application (Application No. 18/798,869), filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in reply to filing dated 09 August, 2024.
Status of Claims
Claims 1-20, are pending and addressed below.
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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: In the instant case, claims 8-14, are directed to a method, claims 1-7, are directed to a system, and claims 15-20 are directed to a product, therefore the claims are directed to statutory categories of invention.
Step 2A- Prong 1: Independent method claim 8 comprises steps of: analyzing, by a processor, a digital content using a content-aware Artificial Intelligence (AI) to generate a set of contextually relevant advertisements; tailoring, by the processor, the set of contextually relevant advertisements using a brand and user-focused AI based on a set of brand guidelines and user preferences; transforming, by the processor, set of contextually relevant advertisements into an interactive puzzle using an image-based puzzle AI; and rewarding by the processor, a user engagement with the interactive puzzle, wherein the reward includes access to premium digital content.
The independent claims are directed to an incentive method for providing a reward to users in response to engaging/interacting with an advertisement in the form of an interactive puzzle. The claims, with the assistance of an artificial intelligence (AI) algorithm, generate one or more advertisements that are tailored to a set of brand guidelines and user preferences. Therefore, the claims are directed to both: methods for targeting advertising and methods for incentivizing users to interact with content. Accordingly, the claimed steps represent a method of organizing commercial interactions comprising advertising, marketing and sales activities, which falls within the “Certain Methods of Organizing Human Activity” abstract idea grouping, wherein all the claim steps can be seen as being part of the abstract idea of delivering targeted advertisements and providing rewards in exchange for interaction by the user with the advertisement content (in the form of an interactive puzzle).
Claims 1 and 15 recite substantially similar subject matter and the same subsequent analysis should be applied thereto.
Because the claims include one or more abstract ideas, the analysis now proceeds to assess whether the additional elements of the claims, when taken both individually and/or as an ordered combination, integrate the abstract idea into a “practical application”.
Step 2A- Prong 2: Additional elements include: a processor; a content-aware AI algorithm; contextually relevant advertisements and an interactive puzzle
These additional elements are recited at a high level of generality and the steps that they execute represent generic functions which can be performed by a general purpose computer without any novel programming or improvement in the operation of the computer itself. These additional elements are merely invoked as tools to perform an abstract idea (mere instructions to apply the exception) as discussed in MPEP 2106.05(f).
In the claimed invention, conventional, generic computers are programmed with one or more AI algorithms. The technology of these computers, including the programming technology, is not improved in any way with this claimed AI functionality. The computers are still used to do what they always do, execute programming instructions and provide an output. A programmed computer to perform generic computer functions does not automatically overcome an eligibility. The AI features of the invention only represent a particular technical field of use to which the judicial exception is linked to, and this technological environment is used only to: gather data (transmit, receive, store), analyze data, make determinations/correlations, and display data.
The claims recite determinations that are made “merely using” an AI algorithm, however the claims do not recite technical details of a particular programmatic algorithm that may represent a practical application.
Accordingly, the additional elements when the claim elements are viewed individually and as a whole do not integrate the abstract idea into a practical application.
Step 2B: Based on the reasoning provided under Step 2A- Prong 2, the claims under Step 2B do not recite “significantly more” than the abstract idea. In addition, there has been no characterization of any additional element representative of insignificant extra-solution activity which needed to be reevaluated under Step 2B. At this point, the analysis is terminated because the same analysis with respect to Step 2A Prong 2 applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
The dependent claims have been considered.
Dependent claims 2, 9, 16, further recites integrating the advertisement into the digital content, and therefore only generally add limits to: displaying/presenting data, with no improved technology.
Dependent claims 3, 10, 17, further recites wherein the reward includes access to premium digital content, and therefore only generally add limits to: displaying/presenting data, with no improved technology.
Dependent claims 4, 11, 18, further recites collect a real-time data and analysis of the real-time data to provide updates on the user engagement, the interactive puzzle, and reward These claims only just generally add limits to: collecting/tracking data (transmitting, receiving, storing, gathering), analyzing data, making determinations/correlations, and displaying/presenting data, with no improved technology.
Dependent claims 5, 12, 19, further recites deliver set of interactive and rewarding advertisements, and therefore only generally add limits to: displaying/presenting data, with no improved technology.
Dependent claims 6, 13, 20, further recites authorize a user based on the interactive puzzle. This limitation can be mental. These claims only just generally add limits to: collecting/tracking data (transmitting, receiving, storing, gathering), analyzing data, making determinations/correlations, and displaying/presenting data, with no improved technology.
Dependent claims 7, 14, further recites use the user's demographic data, browsing history, and location to generate the interactive puzzle. These claims only just generally add limits to: data gathering
Dependent claims 2-7, 9-14, 16-20 just generally narrow the abstract idea of providing advertisements and/or rewards.
When considered as a whole, the same analysis with respect to Step 2A Prong 2 and step 2B, apply to these additional elements. They cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20, are rejected under 35 U.S.C. 103 as being unpatentable over Khoury et al. (US 2021/0224858) (hereinafter “Khoury4858”), in view of Lieberman et al. (US 2011/0106631) (hereinafter “Lieberman6631”), and further in view of Pugh et al. (US 2015/0324863) (hereinafter “Pugh4863”).
Regarding claims 1, Khoury4858 discloses:
(system, comprising: a processor configured to: analyze, by the processor, a digital content using a content-aware Artificial Intelligence (AI) to generate a set of contextually relevant advertisements).
(analyze, by the processor, a digital content using a content-aware Artificial Intelligence (AI) to generate a set of contextually relevant advertisements). Systems and methods related to facilitating the evaluation, generation, and distribution of web content, such as for the implementation of an advertisement campaign. (see at least Khoury4858, ¶20).
Specifically, the system may include a plurality of modules of computing elements arranged as individual sets of processing engines which may include: A first processing engine that is configured for collecting a plurality of media components, such as a plurality of media components that include one or more of a text element, an image element, an animation element, a carousel element, a video element, and the like. A second processing engine may also be included whereby the processing engine is configured for evaluating the plurality of media components so as to produce scored media components, such as scored with respect to their ability to effectuate a given outcome, such as increased user, e.g., consumer, approval and engagement, increased user activity, increased lift, increased impressions, conversions, views, likes, upvotes, posts, reposts, forwards, and the like. A third processing engine may be included and be configured for generating and/or selecting a template and a scored media component, and/or for integrating the scored media component into the template so as to generate the advertisement (generate a set of contextually relevant advertisements) A fourth processing engine may be provided for formatting the advertisement, such as for display at a graphical user interface, such as at either, or both, of a stationary and/or a mobile computing device. Likewise, a fifth processing engine may also be provided for distributing and/or broadcasting the formatted advertisement, such as to a plurality of social media modalities and/or an advertisement exchange server, in a format capable of being viewed by a user at a third party client computing device. Additionally, a sixth processing engine may be provided for tracking and/or evaluating the effect the advertisement has on the consumer after the user is exposed to the advertisement. A seventh processing engine may also be provided for scoring and/or recommending content for use in generating further advertisements based on content scoring with respect to its success in a given environment and over a large variety of locations. (see at least Khoury4858, ¶40).
(content-aware Artificial Intelligence (AI)). The system may include an artificial intelligence (AI) module that may be associated with one or more of the modules, servers, CPUs/GPUs, processing engines, and the like, disclosed herein. (see at least Khoury4858, ¶43).
In particular embodiments, the AI module may be associated with machine learning module as well as an inference engine module for evaluating content and making one or more predictions of the ability of a generated communication to achieve a determined goal. In more particular embodiments, the AI module may be coupled to an advertisement integration module, and may be configured for selecting and/or suggesting the template, content, and the media component class for generating the advertisement, such as where the selecting and/or suggesting is based on results of the scoring. Likewise, in various embodiments, the AI module may be configured for generating, or at least assisting in the generating, and distributing, of the advertisement, which may be generated and distributed automatically and/or autonomously at real time and on the fly upon the occurrence of a triggering event. (see at least Khoury4858, ¶43).
(tailor, by the processor, the set of contextually relevant advertisements using a brand and user-focused AI based on a set of brand guidelines and user preferences) (see at least Khoury4858, ¶21, 97, 208).
In such instances, not only may content be evaluated, such as for use in communication generation, but in certain implementations, communication recipients may also be evaluated, such as for determining and generating particularized attention and communications to be transmitted to the communication recipient (see at least Khoury4858, ¶21).
In certain instances, the communications and/or advertisements to be generated may be particularized to the individual locations they are to be distributed, to the recipient they are to be targeted to (user-focused), and/or they may be particularized or otherwise focused based on a determined campaign objective. In specific embodiments, the communications to be crafted may be particularized to one or more communication recipients (user-focused). (see at least Khoury4858, ¶97).
The system, therefore, may be configured for generating a communication, or other communication content, that is focused on the particularities of the individual and the context of their earlier interactions with the messaging of the system. Such particularities may include a characterization of the individual, including their characteristics, their past online usage, purchases they have made or not made in response to advertisements received or other communications they have had with the communications generators, and the like. All of this data may be collected and analyzed so as to generate a persona score for the individual, which score may then determine how and by what manner the system or its operators respond or otherwise reply to the individual. (see at least Khoury4858, ¶208).
(reward, by the processor, a user engagement). In response thereto, where a consumer engages in the desired action then a determined reward, e.g., a coupon, may be transmitted to the consumer for engaging in the desired behavior. The system can then schedule a more individualized and/or in person follow up such as involving a follow up phone call, email, or other message being sent, e.g., a coupon or other discount being proffered, so as to encourage the purchasing of a product or service. (see at least Khoury4858, ¶203, 261-262, 283),
(system, comprising: a processor). (see at least Khoury4858, fig. 1A, ¶86). System comprising computing devices, processors, servers, memory, computer readable media, interfaces, modules and software instructions stored in memory that enable the system to execute the steps of the method over network communications and to enable interaction between participants and the system (see at least Khoury4858, fig. 1A, ¶75-111) (processor) (memory) (computer readable media).
Khoury4858 discloses: Generating interactive advertisements using AI (see at least Khoury4858, ¶40, 43), and interacting with advertisements (see at least Khoury4858, ¶174, 182),
but does not disclose: (transform, by the processor, set of contextually relevant advertisements into an interactive puzzle using an image-based puzzle AI);
(reward, by the processor, a user engagement with the interactive puzzle, wherein the reward includes access to premium digital content).
However, Lieberman6631 discloses: Interactive advertisement generation system 102 (see at least Lieberman6631, fig. 1-2, ¶25-26).
The user interface computer module 104 of the interactive advertisement generation system 102, is communicatively connected to the user 116 and is configured to receive a request for an interactive advertisement. The request may come from the browser of the user 116, triggered by a webpage provided to the user 116 by the publisher 120. The publisher 120 may transmit a webpage to the user 116 wherein the webpage may include Java Script or other like computer code configured to retrieve and display to the User 116 an interactive advertisement. According to an embodiment of the present invention, the interactive advertisement acts as a security measure by requiring the user 116 to adequately answer a question or a solve puzzle (interactive puzzle) presented by the interactive advertisement prior to providing access to additional content from the publisher 120. (see at least Lieberman6631, fig. 2, ¶25). Create an interactive advertisement (see at least Lieberman6631, ¶42).
Khoury4858 and Lieberman6631, they both teach comparable, “base” interactive advertisement generation systems. Lieberman6631 further teaches the improvement of solving a puzzle (interactive puzzle) presented by the interactive advertisement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expand Khoury4858 with the interactive puzzle of Lieberman6631, since this would be a simple substitution of one known interactive element (i.e. the puzzle of Lieberman6631) for another known element (the (i.e. any one of the interactive elements in the interactive advertisement of Khoury4858), with predictable results, and the substitution produces no new and unexpected result. Moreover, the fact that the interactive advertisement acts as a security measure by requiring the User 116 take an action prior to providing access to additional content from the Publisher 120 (see Lieberman6631, fig. 2, ¶25) represents further motivation.
Khoury4858 does not disclose: (wherein the reward includes access to premium digital content). However, Pugh4863 discloses: As one example, a user may move acquired value from interactive advertisements completed in the context of a puzzle gaming application, where the user has completed all the levels of the game or no longer enjoys playing the puzzle game, to a new vehicle racing game to unlock more quickly vehicles or vehicle components. As another example, the user may move the acquired value to an application acting as an interface to the central “hub” where it may be exchanged for non-application-specific rewards, or rewards offered by an advertiser, third party, or the like. (see at least Pugh4863, ¶93).
Users may accumulate value by completing multiple interactions advertisements with a goal of eventually “unlocking” the reward or achieving the price of the reward. As discussed, this reward may include the removal of other advertising or other advertising systems or the like, access to premium content (premium digital content) for a time period or on a permanent basis, premium features for a time period or on a permanent basis, or the like. (see at least Pugh4863, ¶91).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expand the reward in the above Khoury4858/Lieberman6631 combination, with Pugh4863, since this would be a simple substitution of one known reward element (i.e. the premium content of Pugh4863) for another known element (i.e the reward in the above Khoury4858/Lieberman6631 combination), with predictable results, and the substitution produces no new and unexpected result.
Regarding claims 2, 9, 16, Khoury4858 in view of Lieberman6631 and Pugh4863 discloses: All the limitations of the corresponding parent claims (claim 1; claim 8; and claim 15; respectively) as per the above rejection statements.
Khoury4858 hints interactive advertisements embedded within a webpage, but does not specifically disclose (wherein the set of contextually relevant advertisements are integrated into the digital content). However, Lieberman6631 discloses: The publisher 120 may transmit a webpage to the user 116 wherein the webpage may include Java Script or other like computer code configured to retrieve and display to the user 116 an interactive advertisement (see at least Lieberman6631, fig. 2, ¶25). The interactive advertisement is embedded within a webpage of the publisher 120 (see at least Lieberman6631, ¶43).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expand the Khoury4858/Lieberman6631 combination formulated in the rejection of claim 1, to include contextually relevant advertisements are integrated into the digital content , since this modification would enhance the effectiveness of the advertising campaign including: brand awareness, reach, page or content likes, engagements, conversions, e.g., web conversions, lead generations, web traffic, image or video views, and the like. (see at least Lieberman6631, ¶176).
Regarding claims 3, 10, 17, Khoury4858 in view of Lieberman6631 and Pugh4863 discloses: All the limitations of the corresponding parent claims (claim 1; claim 8; and claim 15; respectively) as per the above rejection statements.
As explained in the rejection of the parent claims, the Khoury4858/Lieberman6631/ Pugh4863 combination formulated in the rejection of those claims, does not disclose: (wherein the reward includes access to premium digital content).
Regarding claims 4, 11, 18, Khoury4858 in view of Lieberman6631 and Pugh4863 discloses: All the limitations of the corresponding parent claims (claim 1; claim 8; and claim 15; respectively) as per the above rejection statements.
Khoury4858 further discloses: (the processor is further configured to collect a real-time data and analysis of the real-time data to provide updates on the user engagement, the interactive puzzle, and reward) (see at least Khoury4858, ¶108, 138)
Evaluation module 27 may include a tracking processing engine such as for tracking a user's engagement with the distributed advertisement (see at least Khoury4858, ¶108, 138). Real time (see at least Khoury4858, ¶25, 35-36). Update (see at least Khoury4858, ¶25, 35, see also ¶75, 151, 285).
Regarding claims 5, 12, 19 Khoury4858 in view of Lieberman6631 and Pugh4863 discloses: All the limitations of the corresponding parent claims (claim 1; claim 8; and claim 15; respectively) as per the above rejection statements.
As explained in the rejection of the parent claims, Lieberman6631 teaches an interactive puzzle presented (delivered) by the interactive advertisement prior to providing access to additional content from the publisher 120 (see at least Lieberman6631, fig. 2, ¶25). Therefore, in Lieberman6631 the set of interactive and rewarding advertisements (interactive puzzle) is presented (delivered). Accordingly, the Khoury4858/Lieberman6631 combination formulated in the rejection of the parent claims, teaches: (the processor is further configured to deliver set of interactive and rewarding advertisements).
Regarding claims 6, 13, 20, Khoury4858 in view of Lieberman6631 and Pugh4863 discloses: All the limitations of the corresponding parent claims (claim 1; claim 8; and claim 15; respectively) as per the above rejection statements.
Khoury4858 does not disclose: (the processor is further configured to authorize a user based on the interactive puzzle);
However, Lieberman6631 discloses: The publisher 120 may require the user 116 to successfully interact with a challenge provided via or in the form of an interactive advertisement prior to accessing the specific news article (see at least Lieberman6631, fig. 1-2, ¶24). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to expand Khoury4858 (and/or the Khoury4858/Lieberman6631 combination formulated in the rejection of the parent claims) further with this above interaction requirement of Lieberman6631, since this requirement represents an authorization mechanism in the sense that it guards against unauthorized access (see Lieberman6631, ¶24, “To provide security from unauthorized access”).
Regarding claims 7, 14, Khoury4858 in view of Lieberman6631 and Pugh4863 discloses: All the limitations of the corresponding parent claims (claims 1 and 6; and claims 8 and 13; respectively) as per the above rejection statements.
Khoury4858 further discloses: Additionally, as indicated above and with respect to FIG. 1E, distribution may be based on each particular location, such as based on priority, based on an estimated return on investment. In this manner the advertisements can be particularized to location and geographically targeted, or can be targeted based on any number of particulars, such as demographics, age, ethnicity, recipient characteristics, browsing or engagement history, and the like. Accordingly, the advertisement may be directed to a defined audience, and fetched for distribution based on determined target objective, such as within a defined location, and the distributed advertisement may be tracked, such as to determine campaign efficiency and/or cost-benefit parameters. In particular instances, the audience may be the same audience within a defined field, generally, and/or may be geographically determined, such as a localized audience. (see at least Khoury4858, ¶130).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIO IOSIF whose telephone number is (571) 270-7785. The examiner can normally be reached on Monday thru Wednesday, 9:00am-4:00pm teleworking.
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/Mario C. Iosif/Primary Examiner, Art Unit 3621
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