DETAILED ACTION
This is in reference to communication received 07 January 2026. Claims 1 – 5, 7 – 12 and 14 – 15 are pending for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 – 5, 7 – 12 and 14 – 15 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.
Independent claim 9 and representative of claims 1, in part is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 1 recites invention directed to a recommended place (e.g., a restaurant) according to a condition corresponding to a number of a number of occupants is determined and information related to the determined recommended place is presented to the passenger(s) in the vehicle, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising).
In addition, data content of information related to the determined recommended place also includes navigational direction to the recommended place, and the information related to the determined recommended place is provided by a server. Causing presentation of the navigational direction and receiving information from a server, and, transmitting and presenting the received information on a device of the passenger. Receiving and providing the received information, such as a visual presentation to the customer, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising).
Represented claim 1, which do recite statutory categories (machine, product of manufacture, for example), the same analysis as above applies to these claims since the method steps are the same. However, the judicial exception is not integrated into a practical application. These claims add the generic computer components (additional elements) of a system comprising one or more hardware processors and a memory (claim 1).
The processor, memory, and non-transitory machine-readable medium are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component. Accordingly, 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.
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 element of the processor, memory, and non-transitory machine-readable medium amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
When taken as an ordered combination, nothing is added that is not already present when the elements are taken individually. When viewed as a whole, the marketing activities amount to instructions applied using generic computer components.
As for dependent claims 2 – 5, 7 – 8, 10 – 12 and 14 - 15 dependent on the aforementioned independent claims, and include all the limitations contained therein. These claims do not recite any additional technical elements, and simply disclose additional limitations that further limit the abstract idea with details regarding what information will be presented to the occupant of the vehicle, defining that a server is communicatively connected to the passenger device, what targeting parameters to identify second-information (e.g., competitor’s advertisement), server will be used to transmit the second-information to the occupant of the vehicle, wherein the second-information meets the targeting criteria, and the competitor is located within certain radius entity associated with the first-content. Thus, the dependent claims merely provide additional non-structural (and predominantly non-functional) details that fail to meaningfully limit the claims or the abstract idea(s).
Therefore, claims 1 – 5, 7 – 12 and 14 – 15 are not drawn to eligible subject matter, as they are directed to an abstract idea without significantly more.
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, 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.
Claims 1 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over e Costa US Publication 2018/0053215 in view of Nurlan Urazbaev published article “Vugo helps advertisers reach affluent consumers via screens in rideshare cars” hereinafter referred to as Urazbaev, Felt et al. US Publication 2011/0106613 and Prada-Gomez US Patent 8,630,897.
Regarding claim 9 and represented claim 1, eCosta teaches system and method for managing digital advertising campaign in a network of moving things including autonomous vehicles by providing information in a vehicle. eCosta teaches using mobile assets to distribute digital advertising campaigns [eCosta, 0245], comprising:
an output device configured to output information (eCosta, brand campaigns may be delivered to screens placed inside the vehicles, for example, ceiling-mounted or hanging displays, seat back displays, floor displays, etc.) [eCosta, 0271, 0245];
a memory storing instructions (eCosta, node 1500 may further, for example, comprise one or more applications 1550 executing on the node 1500) [eCosta, 0429; and
a controller configured to execute the instructions to perform operations (eCosta, node 1500 may also comprise one or more processors 1580 and memory devices 1590) [0430] comprising:
outputting, via an output device, at least one information related to location-based promotional content (eCosta, ad content may be provided on buses traveling toward (or away from) an enterprise or event, on billboards or MUPis located near an enterprise or event or location toward (or away from) which a vehicle is traveling, along a route utilized by people traveling toward (or away from) an enterprise or event, etc….. Digital screens are placed inside the vehicle) [eCosta, 0235, 0271].
determining, after and based on first information being selected by a passenger of the vehicle among the at least one information related to location-based promotional content (eCosta, A user may create a filter that contains one or more of the filters discussed herein with specific characteristics ( e.g., select a geographical location or area from a map, define a specific range of time-of-day, identify displays and/or vehicle context parameters associated with the use of particular displays, etc.) [eCosta, 0257], a recommended place according to a condition corresponding to a number of a number of occupants (eCosta, number of user inside a vehicle) [eCosta, 0235];
eCosta does not teach controlling the output device to output second information regarding a recommended place. However, Urazbaev teaches system and method wherein Ads are displayed after a proprietary determination of the passenger’s trip intent and demographics are analyzed. Vugo then displays the most relevant advertisement to influence the passenger into taking valuable action. Advertisers are charged per impression, action, industry premium and location of the displayed advertisement [Prada-Gomez, page 2].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify eCosta by adopting teachings of Urazbaev and implement to estimate intent of the passenger, and deliver not only relevant ads that passengers can interact with.
eCosta in view of Urazbaev teaches system and method further comprising:
determining, after and based on first information being selected by a passenger of the vehicle among the at least one information related to location-based promotional content (eCosta, A user may create a filter that contains one or more of the filters discussed herein with specific characteristics ( e.g., select a geographical location or area from a map, define a specific range of time-of-day, identify displays and/or vehicle context parameters associated with the use of particular displays, etc.) [eCosta, 0257], a recommended place according to a condition corresponding to a number of a number of occupants (eCosta, number of user inside a vehicle) [eCosta, 0235], and a category of a place corresponding to the selected first information (as responded to above) [Urazbaev, page 2, 3]; and
eCosta in view of Urazbaev does not explicitly teach outputting second information including navigational directions to the recommended place. However, Felt teaches FIG. 11 shows an exemplary mobile phone device 1100 having a GUI 1102 displayed on a display screen 1104 of the mobile phone device 1100. The data may include any information related to the electronic coupon. …. The message may include directions from the location of the mobile phone device to physical location of the product (e.g., recommended place. …. the directions may include an indication 1110 of a distance from the location of mobile phone device 1100 to the physical location of the product
PNG
media_image1.png
359
442
media_image1.png
Greyscale
``
PNG
media_image2.png
327
476
media_image2.png
Greyscale
[Felt, 0085-0087, Fig. 11, Fig. 12]
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify eCosta in view of Urazbaev by adopting teachings of Felt to help the user travel to the advertised location.
eCosta in view of Urazbaev and Felt teaches system and method further comprising
outputting, via the output device second information regarding the determined recommended place and including navigational directions to the recommended place (as responded to above) [Felt, 0085-0087, Fig. 11, Fig. 12],
eCosta in view of Urazbaev and Felt does not server making a determination of the recommended place. However, Prada-Gomez teaches system and method for transportation-aware physical advertising conversion. Prada-Gomez teaches At block 810, the server identifies an advertisement based on whether the user data associated with the identified user satisfies the at least one requirement ( associated with the identified advertisement).) [Prada-Gomez, col. 13, lines, 3 – 6].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify eCosta in view of Urazbaev and Felt by adopting teachings of Prada-Gomez to centralize target advertising.
eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein determining the recommended place includes:
providing, based on the first information being selected, the selected first information and the information regarding the number of occupants to a server equipped to enable mutual communication (eCosta, analyzing the vehicle context determined at block 1210 (e.g., alone or in conjunction with other information) to determine whether and/or how to present ad information determining the context of the vehicle presenting ad content, … number of passengers, passenger identities; presenting the determined ad information) [eCosta, 0385, 0401], and
determining the recommended place based on information provided by the server (Prada-Gomez, At block 810, the server identifies an advertisement based on whether the user data associated with the identified user satisfies the at least one requirement ( associated with the identified advertisement).) [Prada-Gomez, col. 13, lunes, 3 – 6],
wherein outputting the second information includes receiving, from the server, the second information that is determined by the server (Prada-Gomez, At block 810, the server identifies an advertisement based on whether the user data associated with the identified user satisfies the at least one requirement ( associated with the identified advertisement).) [Prada-Gomez, col. 13, lunes, 3 – 6].
Regarding claim 2 and represented claim 10, as combined and under the same rationale as above, eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein outputting the at least one information comprises outputting at least one information related to location-based promotional content (eCosta, run targeted ad campaigns to specific audiences (e.g., to specific users, to passengers of a vehicle, to users near or within a range of a vehicle, etc.)) [eCosta, 0207] and related to the passenger based on information regarding the passenger previously stored in the vehicle (Prada-Gomez, the system may consider various factors including a consumer's current location, the consumer's most likely route and form of transportation (such as train, personal car, taxi, rental car, or shared vehicle), the consumer's daily agenda) [Prada-Gomez, col. 2, lines 1 – 5].
Regarding claim 3 and represented claim 11, as combined and under the same rationale as above, eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein outputting the information comprises providing, to the server equipped to enable mutual communication, the information regarding the passenger to thereby cause the server to output at least one information related to location-based promotional content that is determined based on the information regarding the passenger (Urazbaev, Vugo displays advertisements inside rideshare vehicles that use transportation network applications to discover and pick-up passengers; i.e. Uber, Lyft, Sidecar, and for hire transportation providers) [Urazbaev, page1].
Regarding claim 4, as combined and under the same rationale as above, eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein the at least one information related to location-based promotional content includes at least one of brand information, menu information, or discount information for at least one location (Prada-Gomez, Data 134 of server 110 may include advertiser data 136. The advertiser data may include various types of information associated with advertisers and their advertisements. For example, the advertiser data may include advertisements 137 and associated content such as text, images, video, or incentives (coupons, discounts, sales, credits, etc.) which server 110 may use to display advertisements to users) [Prada-Gomez, col. 7, line 40 – 46].
Regarding claim 5 and represented claim 12, as combined and under the same rationale as above, eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein determining the recommended place comprises determining, based on the first information being selected, the number of occupants according to at least one of a recognition device or a wireless communication device, which are provided in the vehicle (eCosta, analyzing the vehicle context determined at block 1210 (e.g., alone or in conjunction with other information) to determine whether and/or how to present ad information determining the context of the vehicle presenting ad content, … number of passengers, passenger identities; presenting the determined ad information; also Prada-Gomez teaches the system may consider various factors including a consumer's current location, the consumer's most likely route and form of transportation ( such as train, personal car, taxi, rental car, or shared vehicle), the consumer's daily agenda, the price competing advertisers are willing to pay for the customer to be delivered to alternate locations, and other costs) [eCosta, 0385, 0401; Prada-Gomez, col. 2, lines 1 – 7].
Regarding claim 7, as combined and under the same rationale as above, eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein the operations further comprise receiving, when a recommended place located within a certain radius is determined based on the place corresponding to the selected first information in consideration of the condition corresponding to the number of passengers and the category of the place corresponding to the selected first information on the basis of the information provided by the server, the second information corresponding to the determined recommended place (Prada-Gomez, identifying a given advertisement based on whether the user data associated with the identified advertisement satisfies the at least one requirement associated with each of the plurality of target customer profiles [Prada-Gomez, col. 2, lines 22 – 26] and competing advertisers are willing to pay for customers to be delivered to alternate locations) [Prada-Gomez, col. 2, line 5 – 6, col. 1, lines 44 – 47].
Regarding claim 8 and represented claim 15, as combined and under the same rationale as above, eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein the operations further comprise controlling, based on the place corresponding to the selected first information matching the determined recommended place, the output device to output the second information including the same information as the first information (e.g., content of an advertisement) (eCosta, presenting the determined ad block) [eCosta, 0401].
Regarding claim 14, as combined and under the same rationale as above, eCosta in view of Urazbaev, Felt and Prada-Gomez teaches system and method, wherein determining the recommended place includes determining a recommended place located within a certain radius based on the place corresponding to the selected first information (Prada-Gomez, the system may consider various factors including a consumer's current location, the consumer's most likely route and form of transportation (such as train, personal car, taxi, rental car, or shared vehicle), the consumer's daily agenda, the price competing advertisers are willing to pay for customers to be delivered to alternate locations) [Prada-Gomez, col. 2, line 5 – 7, col. 1, lines 44 – 47] in consideration of a condition corresponding to the number of occupants and a category of the place corresponding to the selected first information on the basis of the information provided by the server (eCosta, vehicle context parameters discussed herein ( e.g., actual or planned location, actual or planned trajectory or route, vehicle orientation, type of vehicle, fleet identification, wireless environment, power supply characteristics, other vehicles (or Mobile APs thereof) within communication range, weather conditions, road conditions, time-of-day, day-of-week, type of day, number of passengers, passenger identities, etc.) [eCosta, 0375].
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because the amended claimed invention recite complex coordination of distributed computing resources and specific data handling-specifically the post-selection use of the number of occupants to tailor the second output-that cannot be practically performed in the human mind, which requires specialized computer functionality, network communication, and iterative computation beyond mental processes, is acknowledged and considered.
However, upon further review it is deemed that the amended claimed invention is not eligible for patent under 35 USC 101 and applicant’s arguments and issues have been responded to the 35 USC 101 section above.
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because the claimed system represents a technical improvement in information delivery and targeting architecture in a mobile environment. Unlike conventional methods that simply present ads or information, the claimed features (i) involve dynamic communication with a remote server based on user action and occupancy context, (ii) apply targeting rules in real-time through coordination between an in-vehicle system and a server, and (iii) deliver personalized second information based on user-selected content and occupancy data.
However, upon further review it is deemed that the amended claimed invention is not eligible for patent under 35 USC 101 and applicant’s arguments and issues have been responded to the 35 USC 101 section above.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach amended independent claim 9 and represented claim 1 is acknowledge and considered.
However, applicant is arguing amended invention which have been responded to in Rejection under 35 USC 103 section.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NARESH VIG/Primary Examiner, Art Unit 3622
March 24, 2026