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 .
Status of the Claims
This is a Non-Final first action on the merits for the application filed on 9/13/2024. Claims 1-20 are pending and addressed below.
Claim Objections
Claims 13 and 14 are objected to because of the following informalities:
Claims 13 and 14 use the acronym “AI”. Acronyms need to be define in the claim before they can be used. The specification does not define the acronym “AI”. However, “AI” will be interpreted as “artificial intelligence” as known in the art.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 19, and 20 recite “for monetizing the social media influence….the followers to engage with the campaign content…reflecting both the visibility…and the enhanced reach”. There is insufficient antecedent basis for the underlined limitations. Therefore, claims 1, 19, and 20 are indefinite. For purpose of examination, this limitation will be interpreted as “for monetizing social media influence….the followers to engage with campaign content…reflecting both visibility…and enhanced reach”. Examiner suggests amending as such.
Claims 1, 19, and 20 recite, “wherein the data includes demographics”. There is insufficient antecedent basis for the underlined limitation because previous limitations recite “influencer data” and “audience data”. Therefore, claims 1, 19, and 20 are indefinite. For purpose of examination, this limitation will be interpreted as “wherein the influencer data includes demographics”. Examiner suggests amending as such.
Claims 1, 19, and 20 recite, “utilizing a Circle of Influence Monetization (C.O.I.M.) model to extend the reach of the campaigns (#1) across connected social networks, wherein the influencers invite friends and followers to participate in the campaigns, thereby increasing engagement and the campaign reach (#2); and monetizing the social media influence by implementing the Circle of Influence Monetization (C.0.1.M.) model, wherein the influencers are incentivized to extend the campaign reach (#3).” First their insufficient antecedent basis for “the reach” in #1. Second, it is unclear to which “the campaign reach” #2 and #3 are referring since #1 recites “the reach of the campaigns”, interpreted as the reach of more than one campaign since “campaigns” is more than one and not a single campaign. As such, Claims 1, 19, and 20 are indefinite. For purpose of examination, this limitation will be interpreted as “utilizing a Circle of Influence Monetization (C.O.I.M.) model to extend reach of the campaigns across connected social networks, wherein the influencers invite friends and followers to participate in the campaigns, thereby increasing engagement and the reach of the campaigns; and monetizing the social media influence by implementing the Circle of Influence Monetization (C.0.1.M.) model, wherein the influencers are incentivized to extend the reach of the campaigns.” Examiner suggests amending as such.
Claims 1, 19, and 20 recite, “campaigns across connected social networks (#1)…reflecting both the visibility and impact of the campaigns across the social network (#2).” It is unclear to which “the social network” #2 is referring since a previous limitation recites “social networks”, meaning more than one social network. Therefore, claims 1, 19, and 20 are indefinite. For purpose of examination, this limitation will be interpreted as “campaigns across connected social networks…reflecting both the visibility and impact of the campaigns across the social networks. Examiner suggests amending as such.
Claims 2-18 are also rejected because of their dependencies on claim 1.
Claim 2 recites, “with their social media followers”. There is insufficient antecedent basis for the underlined limitation. Therefore, claim 2 is indefinite. For purpose of examination, this limitation will be interpreted as “with social media followers”. Examiner suggest amending as such.
Claim 3 recites, “in the application interface view”. There is insufficient antecedent basis for the underlined limitation. Therefore, claim 3 is indefinite. For purpose of examination, this limitation will be interpreted as “in application interface view”. Examiner suggest amending as such.
Claim 6 recites, “(i) connect with the audience” There is insufficient antecedent basis for the underlined limitation. Therefore, claim 6 is indefinite. For purpose of examination, this limitation will be interpreted as “(i) connect with an audience”. Examiner suggest amending as such.
Claim 7 recites, “for higher visibility”. The term “higher visibility” in the claim is a relative term which renders the claim indefinite. The term “higher visibility” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore claim 7 is indefinite.
Claim 7 recites, “across the network” There is insufficient antecedent basis for the underlined limitation. Therefore, claim 7 is indefinite. For purpose of examination, this limitation will be interpreted as “across the social networks”. Examiner suggest amending as such.
Claim 8 recites, “optimizing the campaign”. It is unclear which campaign is being optimized since claim 8 depends on claim 1 and claim 1 recites, “campaigns” interpreted as more than one campaign. Therefore, claim 8 is indefinite. ” For purpose of examination, this limitation will be interpreted as “optimizing the campaigns”. Examiner suggest amending as such.
Claim 15 recites, “reporting of the audience segmentation” There is insufficient antecedent basis for the underlined limitation. Therefore, claim 15 is indefinite. For purpose of examination, this limitation will be interpreted as “reporting of audience segmentation”. Examiner suggest amending as such.
Claim 15 recites, “engaging in the campaign”. It is unclear which campaign is being engaged since claim 15 depends on claim 1 and claim 1 recites, “campaigns” interpreted as more than one campaign. Therefore, claim 15 is indefinite. ” For purpose of examination, this limitation will be interpreted as “engaging in the campaigns”. Examiner suggest amending as such.
Claim 17 recites, “tracking the influencer revenue” There is insufficient antecedent basis for the underlined limitation. Therefore, claim 17 is indefinite. For purpose of examination, this limitation will be interpreted as “tracking influencer revenue”. Examiner suggest amending as such.
Claim 18 recites, “processing the audience engagement data from the fan wall,” There is insufficient antecedent basis for the underlined limitations. Therefore, claim 18 is indefinite. For purpose of examination, this limitation will be interpreted as “processing audience engagement data from a fan wall”. Examiner suggest amending as such.
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.
Step 1: Under step 1, claim 1 is directed to a method, claim 19 is directed to system, and claim 20 is directed to a non-transitory computer-readable storage medium. Thus, claims 1, 19, and 20 are directed to statutory categories of patentable subject matter.
Step 2A, Prong 1: The independent claims recite, “receiving influencer data comprising social media profiles, follower demographics, and engagement metrics by presenting an application interface to influencers; enabling advertisers to create and promote campaigns by providing campaign parameters, including mandatory social media platforms and hashtags; enabling influencers to participate in the campaigns by sharing, commenting, and rating on a social media-style interface, wherein interactions of the influencers are tracked in real-time; aggregating audience data across multiple social media platforms to generate comprehensive audience insights for the advertisers, wherein the data includes demographics, engagement rates, and social network reach; utilizing a Circle of Influence Monetization (C.O.I.M.) model to extend the reach of the campaigns across connected social networks, wherein the influencers invite friends and followers to participate in the campaigns, thereby increasing engagement and the campaign reach; and monetizing the social media influence by implementing the Circle of Influence Monetization (C.O.I.M.) model, wherein the influencers are incentivized to extend the campaign reach by inviting their friends and the followers to engage with the campaign content, wherein compensation is determined based on engagement metrics, including likes, shares, comments, and video views, with payment amounts reflecting both the visibility and impact of the campaigns across the social network and the enhanced reach and engagement generated through the influencers' extended social networks.” These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity because the underlined limitations are marketing and advertising activities and behaviors. The Examiner notes that 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.
Step 2A, Prong 2: This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of a social media marketing system, an influencer device, an advertiser device, a server, a memory, an application interface, a social media-style interface, and social networks. 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. Accordingly, these additional elements when considered individually or as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The independent claims are directed to an abstract idea.
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 a social media marketing system, an influencer device, an advertiser device, a server, a memory, an application interface, a social media-style interface, and social networks are generic computing elements. 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. Therefore, the independent claims are not patent eligible.
Dependent claims 2-18, 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 Claim 1 without significantly more. Claims 2-18 further limit the abstract idea of claim 1 and are also part of the same abstract idea as claim 1.
Therefore, claims 1-20 are not eligible.
Claim Rejections - 35 USC § 103
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 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 1-4, 7-12, 15, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over McGrath (US2020/0234339), in view of Rathod (WO2022/090841).
Regarding claims 1, 19, and 20, McGrath teaches
1. A method performable in a social media marketing system comprising an influencer device communicatively connected to a server for monetizing the social media influence, comprising ([0022] "Preferably, the processing unit may be adapted to determine a payment threshold for a predetermined number of social media posts by the social media user, and forwarding electronic payment instructions to a transaction server for transferring payment to the online identity. Preferably, the processing unit may automatically distribute, link, and/or share one or more social media posts on a remote web server. Preferably, the interface may be adapted to allow a social media user to distribute at least one social media post via the system that can be edited, hidden, or deleted by the first user of the system when the social media post includes the predefined online handle or the predefined metadata tag." [0143] explains that the screenshots are used with a mobile device. Fig. 11O shows a screenshot on a mobile device of the influencer. So the influencer device is communicatively connected to a server.):
19. A social media marketing system for monetizing the social media influence, wherein the system comprises: an influencer device associated with the influencer ([0022] "Preferably, the processing unit may be adapted to determine a payment threshold for a predetermined number of social media posts by the social media user, and forwarding electronic payment instructions to a transaction server for transferring payment to the online identity. Preferably, the processing unit may automatically distribute, link, and/or share one or more social media posts on a remote web server. Preferably, the interface may be adapted to allow a social media user to distribute at least one social media post via the system that can be edited, hidden, or deleted by the first user of the system when the social media post includes the predefined online handle or the predefined metadata tag." [0143] explains that the screenshots are used with a mobile device. Fig. 11O shows a screenshot on a mobile device of the influencer. So the influencer device is communicatively connected to a server.);
an advertiser device associated with an advertiser ([0143] explains that the screenshots are used with a mobile device. Fig. 11C-M show screenshots on a mobile device of the advertiser. See also [0142].);
a server; and a memory communicably connected to the server and storing instructions that, when executed by the server, cause the server to ([0043]-[0044]):
20. in a social media marketing system comprising an influencer device communicatively connected to a server ([0022] "Preferably, the processing unit may be adapted to determine a payment threshold for a predetermined number of social media posts by the social media user, and forwarding electronic payment instructions to a transaction server for transferring payment to the online identity. Preferably, the processing unit may automatically distribute, link, and/or share one or more social media posts on a remote web server. Preferably, the interface may be adapted to allow a social media user to distribute at least one social media post via the system that can be edited, hidden, or deleted by the first user of the system when the social media post includes the predefined online handle or the predefined metadata tag." [0143] explains that the screenshots are used with a mobile device. Fig. 11O shows a screenshot on a mobile device of the influencer. So the influencer device is communicatively connected to a server.),
receiving influencer data comprising social media profiles (Fig. 11P, [0089] "On the campaign tracking interface, the online identities or Influencers are presented with a profile photograph and a brief description of the online identity. When a user selects the profile photograph, the system 10 will direct the user to an Influencer Profile Interface."),
follower demographics ([0039] "Different influencers may have different interests or specialties, such as make-up-specific channels or technology-specific channels. They may also represent different demographics [follower demographics]-age group, gender, ethnicity, personal preference, education, social status, or any other desired demographic data."),
and engagement metrics ([0091] "In one embodiment, the system 10 also allows the user to view the overview information of the online identity from the overview interface. The overview interface displays statistical information of the online identity, such as "reach monthly trend" and the "engagement monthly trend.")
by presenting an application interface to influencers ([0060] "In Step 43, the system 10 or platform 20 provides an interface for a user to login. The interface to login may be any predetermined or known login interface common in the art, and may require an authentication, captcha, verification or other means to determine whether a user is a human or not, which may assist with protecting user accounts from brute force attacks. In one embodiment, a user can be an administrator, a Brand, a campaign creator, an online identity, or an Influencer. The account may be associated with a user type, such as a Brand or Influencer." See also [0121].);
enabling advertisers to create and promote campaigns by providing campaign parameters, including mandatory social media platforms and hashtags ([0072] "If the Brand/Influencer selects the "create new campaign icon" or button, the system 10 will direct the user to the campaign input interface for carrying out Step 102 of the process 100 for entering the campaign details. In this embodiment of the process, the user may be a Brand [advertiser]. The campaign input interface allows the user to provide the name of the campaign, the name of the product, the submission date, and the social media meta tag or handle such as @mentions or #hashtags." Fig. 11M show the Social channels selected in the interface. See also [0077].);
enabling influencers to participate in the campaigns ([0084] "The online identities then submit to accept the offer [enable influencers to participate in the campaigns] and the price in Step 146. In one embodiment, the system 10 provides an interface to specify the dialog scripts for approving and rejecting the submission of the online identities send to the campaign creator in Step 146.")
by sharing, commenting, and rating on a social media-style interface ([0053] "The online identities and the Influencers will post comments, create blogs, images, etc., based on their experience with the product [rating] and share them on at least one social media website 30 such as YOUTUBE®, INSTAGRAM ®, PINTEREST®, TUMBLR®, SNAPSHOT®, REDDIT®, FLICKR®, or any other social media or user influenced platform." See also [0091].),
wherein interactions of the influencers are tracked in real-time ([0123] "Further, the system 10 and platform 20 can be used to track and monitor user interactions with individual posts from Influencers. Based on at least one of a view count, a view count dependent on time, viewer interaction, a promotional code used by a viewer, or any other feature of a post." See also [0125].);
aggregating audience data across multiple social media platforms ([0044] "For example, the system 10 may recruit INSTAGRAIVI® talent to produce high quality custom content designed to increase exposure and reach of the brand through mass aggregation of talent audiences. It will be appreciated that the system 10 is adapted to interact with Influencers from any predetermined social media platform or any other Influencer platform or online platform.")
to generate comprehensive audience insights for the advertisers, wherein the data includes demographics, engagement rates, and social network reach ([0091] "In one embodiment, the system 10 also allows the user to view the overview information of the online identity from the overview interface. The overview interface displays statistical information of the online identity, such as "reach monthly trend" and the "engagement monthly trend." In one embodiment, the system 10 may also collect and generate other social media measurement metrics, such as volume in actions, share and view; reach; engagement; influence; share, traffic driven; click-through with bounce rate; conversation rate; amplification rate; applause rate; and leads. In another embodiment, the overview interface allows the user to compare the social media measurement metrics among different online identities or Influencers, with aggregate values of the entire campaign, or with historical values of previous campaign." [0077] "The system 10 can generate demographic reports to show the demographic ratio of the selected online identities." See also [0137].);
utilizing a Circle of Influence Monetization (C.O.I.M.) model to extend the reach of the campaigns across connected social networks ([0038] "In an influencer marketing campaign, a vendor or brief supplier might provide a product to at least one influencer with or without cost, and expect the influencer to create social media content through their personal social channels, which may then be consumed by their followers or subscribers. Subsequently, social media content related to the product of the supplier could be spread to consumers who share similar interest as the influencers in order to generate a higher conversion rate (higher consumption of the product by consumers)."),
thereby increasing engagement and the campaign reach ([0044] "Influencer. For example, the system 10 may recruit INSTAGRAIVI® talent to produce high quality custom content designed to increase exposure and reach of the brand through mass aggregation of talent audiences. It will be appreciated that the system 10 is adapted to interact with Influencers from any predetermined social media platform or any other Influencer platform or online platform."); and
wherein compensation is determined based on engagement metrics, including **shares,
with payment amounts reflecting both the visibility and impact of the campaigns across the social network ([0136] "In another embodiment, the online identities or Influencers can use the reporting function of the system 10 to monitor their performance, KPI, and the money earned from posting social media contents." [0022] "Preferably, the processing unit may be adapted to determine a payment threshold for a predetermined number of social media posts by the social media user, and forwarding electronic payment instructions to a transaction server for transferring payment to the online identity. Preferably, the processing unit may automatically distribute, link, and/or share one or more social media posts on a remote web server. Preferably, the interface may be adapted to allow a social media user to distribute at least one social media post via the system that can be edited, hidden, or deleted by the first user of the system when the social media post includes the predefined online handle or the predefined metadata tag. Preferably, the communication module may be adapted to send at least one message to the social media user of the system including a request, a personal message, an update, a quote, or an order. Preferably, social media posts made via the system by the social media user may be remunerated at a predetermined rate in accordance with the campaign." See also [0056].).
McGrath discusses monetizing the social media influencer by incentivizing in at least [0022] and [0136]. McGrath does not specifically teach
A non-transitory computer-readable storage medium, the computer-readable storage medium storing programming instructions that, if executed by a processor in the social media marketing system, are operable to cause the social media marketing system to perform operations comprising,
wherein the influencers invite friends and followers to participate in the campaigns,
monetizing the social media influence by implementing the Circle of Influence Monetization (C.0.1.M.) model,
wherein the influencers are incentivized to extend the campaign reach by inviting their friends and the followers to engage with the campaign content,
wherein compensation is determined based on engagement metrics, including likes, **, comments, and video views,
and the enhanced reach and engagement generated through the influencers' extended social networks.
However Rathod teaches
A non-transitory computer-readable storage medium, the computer-readable storage medium storing programming instructions that, if executed by a processor in the social media marketing system, are operable to cause the social media marketing system to perform operations comprising (p. 29 lines 10-35),
wherein the influencers invite friends and followers to participate in the campaigns (p. 54 line 34 - p. 55 line 1, "automatically display or update based on followed sources or following or display contents posted by connected users or contacts including all contacts, phone contacts, family members, best friends." p. 59, lines 33-34, "For example user can suggest or select, customize and add call-to-actions "Invite friends at this place at Schedule", "Send partnership request to display products"),
monetizing the social media influence by implementing the Circle of Influence Monetization (C.0.1.M.) model, wherein the influencers are incentivized to extend the campaign reach (p. 11 lines 5-10, "In some embodiments target criteria and preferences comprises locations, daily or total budget, schedule including start date, advertisement model including pay based on per particular number of followers or pay per particular number of average views of influencer, automatically selected and ranked influencers based on engagements and reach or user selected and ranked influencers and selected one or more external domain, websites, social networks and applications where advertiser wants to advertise advertisement.")
by inviting their friends and the followers to engage with the campaign content (p. 54 line 34 - p. 55 line 1, "automatically display or update based on followed sources or following or display contents posted by connected users or contacts including all contacts, phone contacts, family members, best friends." p. 59, lines 33-34, "For example user can suggest or select, customize and add call-to-actions "Invite friends at this place at Schedule", "Send partnership request to display products"),
wherein compensation is determined based on engagement metrics, including likes, **, comments, and video views, and the enhanced reach and engagement generated through the influencers' extended social networks (p. 34 lines 32-35, "The system for producing and publishing/ advertising contents with associated custom actions based on revenue sharing model(s) for enabling creators to produce contents and get paid based on shared revenue by platform from monitored and tracked associated engagements (likes, comments, share, one or more types of conducted actions) and reach (views, followers)." p. 43, lines 26-33, "In another embodiment creator user of content including short video(s) related to selected brand(s) can produce said selected bran related contents including short video(s) and directly submit content including short video to server 110 module 156 for review, moderation, verification, and make searchable, listing and publishing among users of network of directly publish or make searchable for users of network and monitor and tracks number of views [video views since the views are on short videos], follows, reports including spam and inappropriate contents, comments, likes, and shares on said published contents including short video(s) related to selected brand(s) and inform related contact person of brand about engagements and reach and enable brand owner." See also p. 44 lines 14-21.)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer system of McGrath by adding A non-transitory computer-readable storage medium, the computer-readable storage medium storing programming instructions that, if executed by a processor in the social media marketing system, are operable to cause the social media marketing system to perform operations comprising, wherein the influencers invite friends and followers to participate in the campaigns, monetizing the social media influence by implementing the Circle of Influence Monetization (C.0.1.M.) model, wherein the influencers are incentivized to extend the campaign reach by inviting their friends and the followers to engage with the campaign content, wherein compensation is determined based on engagement metrics, including likes, **, comments, and video views, and the enhanced reach and engagement generated through the influencers' extended social networks, as taught by Rathod, in order to share revenue with influencers based on revenue sharing model and agreement (Rathod, p. 2 lines 28-29.).
Regarding claim 2, McGrath teaches
2. The method of claim 1, wherein the method further comprises enabling influencers to boost campaign awareness by creating posts directly on a fan wall ([0098] "After brief acceptance, the Influencer may be authorized to begin a campaign by posting to social media 164 ( or posting to other predetermined mediums) or attending events or completing tasks as per the brief." See also [0121].),
which are then shared with their social media followers ([0022] "Preferably, the interface may be adapted to allow a social media user to distribute at least one social media post via the system that can be edited, hidden, or deleted by the first user of the system when the social media post includes the predefined online handle or the predefined metadata tag. Preferably, the communication module may be adapted to send at least one message to the social media user of the system including a request, a personal message, an update, a quote, or an order. Preferably, social media posts made via the system by the social media user may be remunerated at a predetermined rate in accordance with the campaign." See also [0053] and [0055].).
Regarding claim 3, McGrath does not specifically teach
wherein the fan wall supports infinite scrolling of the campaign content in the application interface view
that enables the influencers and followers to continuously explore new campaigns.
However, Rathod teaches
wherein the fan wall supports infinite scrolling of the campaign content in the application interface view that enables the influencers and followers to continuously explore new campaigns (p. 8, lines 25-28, "In some embodiments displaying action(s) on content item comprises displaying overlay graphical user interface on displayed or currently viewing content including short video or video or post and enable to scroll up and down or left and right to access or view list of displayed actions.")
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer system of McGrath by adding wherein the fan wall supports infinite scrolling of the campaign content in the application interface view that enables the influencers and followers to continuously explore new campaigns, as taught by Rathod, in order to easily access list of displayed actions (Rathod, p. 8 lines 25-28).
Regarding claim 4, McGrath teaches
4. The method of claim 2, wherein the method further comprises enabling influencers to share campaign content to external social media accounts through the fan wall ([0127] "With the social media contents, the system 10 allows the user to share, or reuse them on different media such as Instagram, mobile app, web page banners, or even poster on advertising display. In another embodiment, the system 10 may automatically distribute, link, or share one or more retrieved social media posts/content on a webpage.").
Regarding claim 7, McGrath teaches
7. The method of claim 1, wherein the method further comprises enabling the advertisers to promote campaigns with additional fees for higher visibility and engagement across the network ([0084] "In another embodiment, the system 10 is adapted to allow a campaign creator to suggest the number of content pieces in Step 142, and negotiate with the online identities in Step 144 with regards to fees and/or tasks." See also [0107] and [0115]. Examiner notes that "for higher visibility and engagement across the network" is intended use and given little patentable weight.).
Regarding claim 8, McGrath teaches
8. The method of claim 1, wherein the method further comprises optimizing the campaign based on specific objectives ([0123] "Further, the system 10 and platform 20 can be used to track and monitor user interactions with individual posts from Influencers. Based on at least one of a view count, a view count dependent on time, viewer interaction, a promotional code used by a viewer, or any other feature of a post, the system may better select future Influencers that are more engaging with an audience that may also reduce the costs of a campaign in the future. Reducing costs of a campaign and making a more targeted and streamline campaign may also increase the market presence of a Brand and may also improve the overall public opinion of a Brand.").
McGrath does not specifically teach
enabling the advertisers to select a time-based, budget-based, or combination campaign type.
However, Rathod teaches
enabling the advertisers to select a time-based, budget-based, or combination campaign type (p. 9, lines 12-16, "In some embodiments enabling brand owner or admin or advertiser related to brand to claim brand related published content control including content, associated engagement and reach data and enable to advertise based on set or updated target criteria, schedule, budget and selected advertisement charges model including pay per view, pay per action or particular type of action or pay per produced content rights.").
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer system of McGrath by adding enabling the advertisers to select a time-based, budget-based, or combination campaign type, as taught by Rathod, in order to claim brand related published content control (Rathod, p. 9 lines 12-13).
Regarding claim 9, McGrath does not specifically teach
wherein the method further comprises enabling the advertisers to embed video links within the campaign content, enabling dynamic and multimedia-rich campaigns.
However, Rathod teaches
wherein the method further comprises enabling the advertisers to embed video links within the campaign content, enabling dynamic and multimedia-rich campaigns (p. 8 lines 1-9, "In some embodiments identify or serve search query criteria or filter specific content items of users of network to advertisers, influencers, and users of network for enabling to associate or add or attach or embed or link or integrate one or more actions with one or more content items automatically or manually. Serve content items to viewing users of network, wherein content item comprise overlay or associated or added or attached or embedded or linked or integrated one or more actions controls including icons, wherein each control including icon is associated with action and enable to select particular action control including icon from displayed action controls including icons to execute selected control including icon associated action or function." See also p. 66 lines 1-21.).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer system of McGrath by adding enabling the advertisers to embed video links within the campaign content, enabling dynamic and multimedia-rich campaigns, as taught by Rathod, in order to give advertisers control (Rathod, p. 8 lines 1-9).
Regarding claim 10, McGrath teaches
10. The method of claim 1, wherein the method further comprises tracking engagement metrics ([0021] "The at least one dataset comprises data related to at least one of; age, gender, theme, number of follows, engagement rate, related to a social market media campaign with a predefined online handle or a predefined metadata tag to the computer server."),
comprising likes, shares ([0136] "In another embodiment, the online identities or Influencers can use the reporting function of the system 10 to monitor their performance, KPI, and the money earned from posting social media contents." [0022] "Preferably, the processing unit may be adapted to determine a payment threshold for a predetermined number of social media posts by the social media user, and forwarding electronic payment instructions to a transaction server for transferring payment to the online identity. Preferably, the processing unit may automatically distribute, link, and/or share one or more social media posts on a remote web server. Preferably, the interface may be adapted to allow a social media user to distribute at least one social media post via the system that can be edited, hidden, or deleted by the first user of the system when the social media post includes the predefined online handle or the predefined metadata tag. Preferably, the communication module may be adapted to send at least one message to the social media user of the system including a request, a personal message, an update, a quote, or an order. Preferably, social media posts made via the system by the social media user may be remunerated at a predetermined rate in accordance with the campaign." See also [0125] for "likes". See also [0056].), comments, video views,
and calculates the influencer earnings based on their campaign performance ([0044] "In one embodiment of the present disclosure, there is provided a system 10 that provides a single end-to-end electronic computing platform for recruiting, product distribution and making payment through the tracking of online performance score or payment threshold status based on the product penetration on the Internet. In one embodiment, the system 10 will keep track of all the social media contents posted by an online identity or Influencer, and release a payment based on the payment threshold status of the online identity or Influencer.").
McGrath does not specifically teach
tracking comments, video views.
However, Rathod teaches
tracking comments (p. 34 lines 32-35, "The system for producing and publishing/ advertising contents with associated custom actions based on revenue sharing model(s) for enabling creators to produce contents and get paid based
on shared revenue by platform from monitored and tracked associated engagements (likes, comments, share, one or more types of conducted actions) and reach (views, followers),"),
video views (p. 43, lines 26-33, "In another embodiment creator user of content including short video(s) related to selected brand(s) can produce said selected bran related contents including short video(s) and directly submit content including short video to server 110 module 156 for review, moderation, verification, and make searchable, listing and publishing among users of network of directly publish or make searchable for users of network and monitor and tracks number of views [video views since the views are on short videos], follows, reports including spam and inappropriate contents, comments, likes, and shares on said published contents including short video(s) related to selected brand(s) and inform related contact person of brand about engagements and reach and enable brand owner." See also p. 44 lines 14-21.).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer system of McGrath by adding tracking comments, video views, as taught by Rathod, in order to enable brand owners (Rathod, p. 43 lines 32-33).
Regarding claim 11, McGrath teaches
11. The method of claim 1, wherein the method further comprises enabling advertisers to input instructions for campaign execution ([0073] "After the campaign details are entered into the system 10, it will direct the user to brief definition interface for carrying out Step 104 of the process 100 for defining a campaign brief, which includes a set of instructions for the online identities or Influencers to follow."), including links to video messages or external resources ([0121] "Metadata tags may also be associated with hyperlinks that can redirect a viewer interacting with a post to a desired location [external resources].").
Regarding claim 12, McGrath teaches
The method of claim 1, wherein the method further comprises providing real-time approximations of eligible influencers ([0111] "The campaign may have a list of Influencers ( also referred to as creators or online identities) that are assigned to the campaign, or a list of pending Influencers that are pending to respond. A shared list of lnfluencers 186 may also be provided to a Brand or other Influencer. The campaign may also have a "wish list" type function that has a number of lnfluencers that may be desirable for a campaign, but have yet to be contacted, or a list of Influencers that have applied for a campaign may appear on the campaign creator list. In any case, the creators for a campaign may be selected from the list and individual profiles may be viewed 184. The Influencer profiles may have data related to their Influencer analytics, such as core viewer base, age, gender, location, or any other desired analytics that may or may not be relevant to a campaign. Optionally, an Influencer may be categorized into a predetermined group by the system such that the campaign may be more efficiently run by a Brand." See also [0050] and [0076].)
based on campaign type, budget, and targeting criteria ([0112] "For example, an Influencer with a core viewer base of primarily males may be unsuitable for a campaign marketing feminine products and, therefore, the Influencer may be placed into a lower suitability tier. In contrast, an Influencer with a primarily female viewer base may be more suitable for a marking campaign for feminine products and may be placed in a more suitable group relative to the campaign. In this way, the more criteria the campaign specifies, the fewer Influencers may be presented as suitable for a campaign, but may also allow a Brand to more accurately target a market without a great deal of input into the system. Therefore, the system may be adapted to automatically suggest or recommend Influencers based on at least one set of parameters input into the system 10." See also [0115]. [0084] "In another embodiment, the system 10 is adapted to allow a campaign creator to suggest the number of content pieces in Step 142, and negotiate with the online identities in Step 144 with regards to fees [budget] and/or tasks. The online identities then submit to accept the offer and the price in Step 146. In one embodiment, the system 10 provides an interface to specify the dialog scripts for approving and rejecting the submission of the online identities send to the campaign creator in Step 146.").
Regarding claim 15, McGrath teaches
15. The method of claim 1, wherein the method further comprises providing detailed reporting of the audience segmentation for the advertisers before engaging in the campaign, providing insights into potential reach and impact ([0137] "In one embodiment, a campaign may have data associated with it in relation to a desired demographic that may be dynamically changed during the course of the campaign if an unknown or unexpected demographic also shows interest in a campaign. For example, a campaign for MY LITTLE PONY® with a demographic for young girls in the 4 to 10 year old group may also be unexpectedly desirable for teenagers or young adolescents of the opposite sex. As such, marketing materials or Influencers associated with a campaign may change or be added to also include campaign materials for the new demographics.").
Regarding claim 16, McGrath does not specifically teach
wherein the method further comprises enabling the influencers to create exclusive affiliate marketing opportunities for their followers, including special promotions and discounts.
However Rathod teaches
wherein the method further comprises enabling the influencers to create exclusive affiliate marketing opportunities for their followers, including special promotions and discounts (p. 54, lines 20-34 influencers can customize actions to include offer details and p. 55, lines 18-21 discusses that offer details include discount, voucher, coupon, cashback, etc. which are special promotions and discounts.).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer system of McGrath by adding wherein the method further comprises enabling the influencers to create exclusive affiliate marketing opportunities for their followers, including special promotions and discounts, as taught by Rathod, in order for the influencers to create exclusive affiliate marketing opportunities (Rathod, p. 55 lines 18-21).
Regarding claim 18, McGrath teaches
18. The method of claim 1, wherein the method further comprises performing real-time analytics by continuously tracking and processing the audience engagement data from the fan wall, including interaction rates, demographic insights, and content performance, to dynamically adjust campaign visibility and targeting parameters for optimized influencer impact and advertiser return on investment (ROI) ([0123] "Further, the system 10 and platform 20 can be used to track and monitor user interactions [audience engagement] with individual posts from Influencers. Based on at least one of a view count, a view count dependent on time, viewer interaction, a promotional code used by a viewer, or any other feature of a post, the system may better select future Influencers that are more engaging with an audience that may also reduce the costs of a campaign in the future." See also [0055], [0056] and [0088]. Examiner notes that "to dynamically adjust campaign visibility..." is intended result and given little patentable weight.).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over McGrath (US2020/0234339), in view of Rathod (WO2022/090841), in further view of Sims (US2016/0019579).
Regarding claim 5, McGrath discusses tracking performance scores in [0044]. McGrath and Rathod do not specifically teach
wherein the method further comprises providing influencers with a real-time score based on their campaign performance, engagement, and follower interactions.
However, Sims teaches
wherein the method further comprises providing influencers with a real-time score based on their campaign performance, engagement, and follower interactions ([0035] "Each category is given a weightage in the calculation of the rating. For example the system has gathered the following data regarding an influencer: Star rating of 4 out of 5 (which, is converted to 0.8 based on a weight factor of 10). Social Reach rating of 12 (based on all values for each social media number) on a scale of 1 to 20; Engagement 1 (new user) (weighted scale of0/0); and Social Engagement of 4 out of 10. Assuming there is no other data available the influencer's rating is calculated as follows: ((8+12+4)/(10+20+10)*100=60." See also [0024]-[0034].").
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer systems of McGrath and Rathod by adding providing influencers with a real-time score based on their campaign performance, engagement, and follower interactions, as taught by Sims, in order to evaluate how well an influencer campaign has reached consumers (Sims, abstract).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over McGrath (US2020/0234339), in view of Rathod (WO2022/090841), in further view of Benmbarek (US2011/0307340).
Regarding claim 6, McGrath teaches
6. The method of claim 1, wherein method further comprises enabling the influencers to (i) connect with the audience across the multiple social media platforms ([0035] "Social media employed mobile and web-based technologies to create highly interactive platforms via which individuals and communities shared, co-created, discussed, and modified user-generated contents. Certain online identities, through activities on their blogs, tweets, viral channels, and the use of other social media, generated great interest towards their presences and formed a community around them. The individuals in the community tended to follow these identities and become influenced by the information posted by them. These online identities, are known as social media influencers ("influencer"), and represent a new type of independent third-party endorsers who have the ability to shape audience attitudes via social media channel.").
Rathod monitor’s viewer’s activities and reactions on p. 9. McGrath and Rathod do not specifically teach
and (ii) monitor what campaigns their friends, family, and followers are participating in, thereby fostering community-driven engagement.
However, Benmbarek teaches
and (ii) monitor what campaigns their friends, family, and followers are participating in, thereby fostering community-driven engagement ([0078] "If not, the system checks if the user or member wishes to monitor previous experiences (312). From (312), the system allows the user or member to select a prior experience (334). Next, the user or member can check friends' reactions to invitations (337)...The system then checks if the user or member wishes to select other social networks (343). If not, the system moves back to (312) where the user or member can monitor and track previous experiences." See also [0026], [0077], [0103], and [0103].).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer systems of McGrath and Rathod by adding monitor what campaigns their friends, family, and followers are participating in, thereby fostering community-driven engagement, as taught by Benmbarek, in order to monitor and track previous experiences (Benmbarek, [0078]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over McGrath (US2020/0234339), in view of Rathod (WO2022/090841), in further view of Myers (US2024/0346547).
Regarding claim 13, McGrath teaches
13. The method of claim 1, wherein the method further comprises enhancing campaign content based on specified prompts, such as audience preferences or trending topics ([0050] "Background material for a campaign may include inputting the name, description, target audience [audience preferences] characteristics, etc. of the marking campaign.").
McGrath and Rathod do not specifically teach
using an AI model.
However, Myers teaches
using an AI model ([0079] "Performance optimization is one of the key use cases for AI in advertising. Machine learning algorithms analyze ad performance across specific platforms then provide recommendations on performance improvement. Platforms may use AI to intelligently automate actions that should be taken based on best practices, saving significant time and money. In other cases, AI predictive engines highlight performance issues that go undetected by human review and analysis. AI can automatically manage ad performance and spend optimization, making decisions entirely on its own about how best to achieve advertising KPIs and recommending a fully optimized budget. Using AI, a presentation for the client may be generated that includes the generated personas, the optimized budget for the campaign, and insertion order (10), which includes crucial parameters of the advertising campaign, such as starting date, ending date, ad unit dimensions and placements, and number of impressions to be served. Omnichannel engagement mix analysis may utilize a search engine, social media, display, mobile, CTV/OTT broadcast, digital out-of-home, email, web landing sites, native and in-app ads to refine and improve advertising results. AI systems can analyze past audiences and ad performance, weighing variables against specific KPIs, add real-time performance data, then identify new audiences likely to buy. In one embodiment, this invention can integrate AI into their KPI evaluations." Par. 75 of provisional 63/335133).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer systems of McGrath and Rathod by adding using an AI model, as taught by Myers, for performance optimization and to refine and improve advertising results (Myers, [0079]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over McGrath (US2020/0234339), in view of Rathod (WO2022/090841), in view of Myers (US2024/0346547), in further view of Siroca (US2023/0229288).
Regarding claim 14, McGrath, Rathod, and Myers do not specifically teach
wherein the method further comprises analyzing historical engagement patterns and audience behavior using the AI model to suggest optimal times for the influencers to post campaign content, thereby maximizing reach and engagement across their social media networks.
However, Siroca teaches
wherein the method further comprises analyzing historical engagement patterns and audience behavior using the AI model to suggest optimal times for the influencers to post campaign content, thereby maximizing reach and engagement across their social media networks (Fig. 25, [0354] "The GUI 501 further includes recommended future days and times to post (2508), which in this example include Thursday at 7:00 pm (2510) and Friday at 25:00 am (2512). The times can be determined and recommended by the server system 204 based on a variety of factors, such as the past performance of posts ( e.g., number of view, number of saves, number of product purchases, number of shares) by the user at various times and/or the past performance of posts by other users." [0522] "The server system 4204 and/or the computing device 4202 can determine suggested days and times when new content that the user of the computing device 4202 is generating should go live to optimize user engagement, which are presented in the GUI 4222. The suggested days and times can be automatically determined based on data analysis ( e.g., machine learning techniques) of a variety of data sources that can indicate future engagement with the new content, such as historical engagement data for content generated by the user of the computing device 4202, the types and composition of content generated by the user in comparison with the new content, engagement trends over time with the user's audience, and/or other factors.").
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer systems of McGrath, Rathod, and Siroca by adding analyzing historical engagement patterns and audience behavior using the AI model to suggest optimal times for the influencers to post campaign content, thereby maximizing reach and engagement across their social media networks, as taught by Siroca, in order to optimize user engagement (Siroca, [0522])).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over McGrath (US2020/0234339), in view of Rathod (WO2022/090841), in view of Lee (KR2021/0059592), in further view of Murphy (WO2014/197414).
Regarding claim 17, Rathod discusses influencer’s earnings on p. 3. McGrath and Rathod do not specifically teach
wherein the method further comprises tracking the influencer revenue from various sources, including subscriptions, digital marketing, and in-app purchases, providing a comprehensive overview of earnings.
However, Lee teaches
wherein the method further comprises tracking the influencer revenue from various sources, including subscriptions, digital marketing, **, providing a comprehensive overview of earnings ([0113] "Here, the preset revenue distribution ratio may be determined using at least one of the number of contents posted [digital marketing] by the influencer, total revenue [comprehensive overview of earnings], revenue generation path, and evaluation information of the influencer." [0114] "For example, the influencer may use the revenue to pay a fee for using the channel integration service [subscriptions]." [0043] "Here, the revenue based on the information and content on one or more influencer channels may include, but is not limited to, information usage fees, sponsorship money, and advertisement revenue paid from the user.").
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer systems of McGrath and Rathod by adding tracking the influencer revenue from various sources, including subscriptions, digital marketing, **, providing a comprehensive overview of earnings, as taught by Lee, in order to figure out all sources of income of the influencers.
McGrath, Rathod, and Lee do not specifically teach
and in-app purchases.
However, Murphy teaches
and in-app purchases (p. 18, lines 1-2, "In one embodiment, the influencer/publisher may be required to complete at least five transactions in order to be assigned a score." See also p. 26 lines 24-28.).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the influencer systems of McGrath, Rathod, and Lee by adding and in-app purchases, as taught by Murphy, in order to figure out all sources of income of the influencers.
Relevant Prior Art
Fuller (US2023/0122693) sends invitations to social media influencers, who then post content to various platforms to influence customers to act in ways beneficial to the business, either by further advancing the marketing campaign or by actually generating revenue for the sponsor. The system tracks the social media reactions of customers (likes, shares, etc.), as well as real-world activity (product purchases, physical attendance at advertised locations, etc.), attributable to each influencer, and points are awarded based on the activity they generate among customers. The points are weighted according to the type of activity generated and/or the social media platforms on which the activity is generated, and the running point totals of the influencers are published to foster competition among them.
Haaland (US2018/0150870) uses a feedback mechanism to help influencers manage the effectiveness of their advertisements. The feedback mechanism may be various components of an influencer's dashboard that report conversion statistics. An influencer may be able to judge their effectiveness individually or against other influencers, where effectiveness may be on downstream actions, conversions, product sales, or other activities performed by viewers of the influencer's posts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIE P. BRADY whose telephone number is (571)272-4855. The examiner can normally be reached Tues-Thurs 8:00 - 2:00 ET.
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/MARIE P BRADY/Primary Examiner, Art Unit 3622