DETAILED ACTION
Status of Claims
This Action is in response to Application 18/878,833 filed 12/24/2024. The preliminary amendment filed 12/24/2024 has been acknowledged. Claims 1-18 are cancelled. Claims 19-38 are added. Claims 19-38 are currently pending and have been examined.
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 .
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 19-38 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites the evaluation of business metrics, specifically return metrics comprising the steps of obtaining return rate metrics and adjustment coefficients, adjusting the metrics based on the coefficients, and determining a target return rate metric.
The limitation of obtaining return rate metrics and adjustment coefficients, adjusting the metrics based on the coefficients, and determining a target return rate metric, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “processor,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “processor” language, “obtaining” in the context of this claim encompasses a person reading a report regarding the performance of the campaign/plan. Similarly, the limitation of “adjusting”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, but for the “processor” language, “adjusting” in the context of this claim encompasses the person performing a mathematical operation. Furthermore, but for the “processor” language, the step of “determining” in the context of the claim encompasses the person thinking of a prediction/estimation of possible return metric using particular mathematical rules. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Furthermore, the claimed invention is further directed towards a commercial interaction and fundamental economic practice. As currently claimed, the invention is directed towards making financial calculations and estimations including the collection and analysis of business metrics for further optimization of business practices including spending and return similar to OIP Technology and In re Mau Corps. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a processor to perform the steps of obtaining, adjusting, and determining. The processor is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of obtaining information and performing repetitive calculations) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does 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 using a processor to perform the steps 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 claim is not patent eligible.
The dependent claims are further directed towards the judicial exception without significantly more. The dependent claims provide limitations on defining the particular pieces of information and how the information is determined/calculated (such as claim 20, 22-24, 26), and additional abstract steps (such as claim 21, 25). These are still directed towards the judicial exception as these further define the abstract elements such as further defining the information and relationship between the information, or further include additional abstract steps such as obtaining information and making determinations. They are not significantly more as they do not further integrate the judicial exception into a practical application and the additional element amounts to no more than mere instructions to apply the exception using a generic computer component. The dependent claims is not patent eligible.
Non-Obvious Subject Matter
As currently claimed, the invention is directed towards evaluating return on content distribution plans. The claims recite the steps of obtaining a return metric of a content delivery plan, the return rate metric being based on cost and revenue at a time point. The invention further obtains a return adjustment coefficient for the time point and adjusts the return rate metric using the adjustment coefficient. The claims then recite determining a target return rate metric for the plan, the target return rate indicating a potential return rate metric after a revenue return period at the end of a cost expenditure during the time period.
Upon search and consideration, the Examiner notes the following reference(s):
Lim et al. (US 20230325853 A1), which talks about modeling contributory effects in marketing including tracking rate of return metrics and associating returns with spending using time based coefficients.
Saini et al. (US 20220067753 A1), which talks about analysis of marketing effects include a time delay coefficient.
Galloway et al. (US 20140046983 A1), which talks about determining relationship coefficient for time series data point.
Aldrey et al. (US 20120158461 A1), which talks about content distribution and management including tracing of distribution performance and real time optimization.
Harvey et al. (US 20100161492 A1), which talks about analyzing return on investments for marketing campaigns.
Although these reference(s) does discuss the concept of performing return analysis on content delivery including the concept of accounting for delay in return from an initial cost/spending using coefficients and adjustments, these references, alone or in combination fail to teach/suggest the concept of determining a target return rate as defined by the current claim. As such, the Examiner has determined the claimed invention to be non-obvious over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT M CAO whose telephone number is (571)270-5598. The examiner can normally be reached Monday - Friday 11-7.
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.
/VINCENT M CAO/Primary Examiner, Art Unit 3622