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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1, 10 and 18 recite “obtaining customer history data regarding which menu screens a customer regularly selects”, “inputting the customer history data into an AI startup menu system”, “analyzing the customer history data using the Al startup menu system to categorize the customer history data”, “applying the categorized customer history data to a startup menu to organize customer dictated menu selections” and “populating an AI generated startup menu screen based on the customer dictated menu selections for customized and enhanced user experience”.
The broadest reasonable interpretation of steps “analyzing the customer history data using the Al startup menu system to categorize the customer history data”, “applying the categorized customer history data to a startup menu to organize customer dictated menu selections” is that they fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III. A human is able to observe most used data and evaluation most used data and make an opinion of the personalized menu to create.
The recitation of “AI” in limitations “inputting the customer history data into an AI startup menu system”, “analyzing the customer history data using the Al startup menu system to categorize the customer history data” merely indicates a field of use or technological environment in which the judicial exception is performed. Although the additional element “AI” limits the identified judicial exceptions “inputting the customer history data into an AI startup menu system”, “analyzing the customer history data using the Al startup menu system to categorize the customer history data” this type of limitation merely confines the use of the abstract idea to a particular technological environment (AI) and thus fails to add an inventive concept to the claims. See MPEP 2106.05(h).
Additional elements “obtaining customer history data regarding which menu screens a customer regularly selects”, “inputting the customer history data into an AI startup menu system” and “populating an AI generated startup menu screen based on the customer dictated menu selections for customized and enhanced user experience”. were found to be insignificant extra-solution activity, because they were determined to be insignificant limitations as necessary data gathering and outputting. These elements amount to receiving or transmitting data over a network and are well understood, routine, conventional activity. See MPEP 2106.05(d), subsection II.
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, 2, 4-11 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang, United States Patent Publication 20250258579, in view of Landow et al., United States Patent Publication 2014/0181876 (hereinafter “Landow”).
Claim 1:
Huang discloses:
A method for Artificial Intelligence (AI)-based User Interface (UI) menu programing, the method comprising:
obtaining customer history data regarding which menu screens a customer regularly selects (see paragraph [0010], [0011] and [0036]). Huang teaches obtaining customer history data regarding the usage data of the user’s selections;
inputting the customer history data into an AI startup menu system; analyzing the customer history data using the Al startup menu system to categorize the customer history data (see paragraphs [0018] and [0019]). Huang teaches inputting customer history data including data categorized based on each menu item and each user;
applying the categorized customer history data to a startup menu to organize customer dictated menu selections (see paragraph [0017]-[0020]. Huang teaches applying the categorized history and using AI to generate the start menu to organize frequently used menu selections; and
populating an AI generated startup menu screen based on the customer dictated menu selections for customized and enhanced user experience (see paragraphs [0019] and [0020]). Huang teaches populating the menu based on the user’s frequent menu selections.
Claim 2:
Huang discloses:
continuing to obtain additional customer history data regarding which menu screens a customer regularly selects (see paragraph [0035]-[0037]). Huang teaches continuing to get information regarding the user’s selections;
updating the analysis of the customer history data using the AI startup menu system to revise the categorization of the customer history data (see paragraph [0037]). Huang teaches updating the analysis of the usage data using the AI and revise the categorization; and
updating the AI generated startup menu screen based on the additional customer dictated menu selections for customized and enhanced user experience (see paragraph [0037]). Huang teaches updating the menu to reflect the updated data.
Claim 4:
Huang fails to expressly disclose the activation of an audio/visual device.
Landow discloses:
wherein populating the Al generated startup menu screen occurs upon activation of the audio/visual device, and wherein activation of the audio/visual device includes one or more of the audio/visual device being launched, turned on, or coming off a sleep/standby mode (see paragraphs [0016] and [0017]). Landow teaches populating the home screen one the standby screen has been activated. The menu screen is personalized content.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the by Huang to include populating the menu screen coming off of standby mode for the purpose of being using friendly displaying personalized content, as taught by Landow.
Claim 5:
Huang fails to expressly disclose the activation of an audio/visual device.
Landow discloses:
wherein the audio/visual device includes one of a satellite provider application, a satellite receiver, and audio/visual set-top box (see paragraphs [0016] and [0017]). Landow teaches a set-top box or satellite.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the by Huang to include a set-top box or satellite device for the purpose of being using friendly displaying personalized content, as taught by Landow.
Claim 6:
Huang fails to expressly disclose the activation of an audio/visual device with direct launch of streaming or programming.
Landow discloses:
wherein the AI generated startup menu screen includes direct launch into one or more of on-demand videos, an Apps menu, a streaming platform, recently viewed live TV programing events, recently viewed DVR recording events, sports game finder menu, and guide menu (see paragraphs [0018] and [0035]). Landow teaches TV programming and guide menu.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the by Huang to include a set-top box or satellite device with streaming or tv programming for the purpose of being using friendly displaying personalized content, as taught by Landow.
Claim 7:
Huang fails to expressly disclose a direct launch in a single screen.
Landow discloses:
wherein the AI generated startup menu screen includes direct launch into a Single screen, Dual screen or Quad screen layout (see paragraph [0018], [0023], and [0038]). Landow teaches a selection of the module causes a direct launch into a screen for display of the visual content.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the by Huang to include a direct launch on a screen for displaying the visual content for the purpose of being using friendly displaying personalized content, as taught by Landow.
Claim 8:
Huang discloses:
wherein the AI startup menu system is embedded on an integrated circuit chip (see paragraph [0055]). Huang teaches the menu is on an integrated circuit chip.
Claim 9:
Huang discloses:
wherein the AI startup menu system organizes sub-categories in addition to organization of the AI generated startup menu screen (see paragraph [0006] and [0015]). Huang teaches further organizing the usage data by frequently selected then by user.
Claims 10, 11, 13-17:
Although these claims are system Claims, they are interpreted and rejected for the same reasons as the method of Claims 1, 2, 4, 6-9, respectively.
Claims 18, 19:
Although these claims are non-transitory computer readable medium Claim, they are interpreted and rejected for the same reasons as the method of Claims 1, 2.
Claims 3, 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang, in view of Landow, in further view of Elliott et al., United States Patent Publication 2013/0312018 (hereinafter “Elliot”).
Claim 3:
Huang and Landow fails to expressly disclose categorizing usage data based on days/week.
Elliott discloses:
applying the categorized customer history data to a startup menu to organize the customer dictated menu selections by day of the week (see paragraphs [0044] and [0045]). Elliott teaches determining menu options based on usage data and categorizing based on days of the week; and
populating the generated menu screen uniquely for each day of the week based on the customer dictated menu selections for each day of the week for daily customized and enhanced user experience (see paragraph [0040]). Elliott teaches populating the menu with user selections based on days of the week.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the by Huang and Landow to include categorizing usage data based on days of the week for the purpose of being using friendly and enhancing the display to include personalized content, as taught by Elliott.
Claim 12, 20:
Although Claim 12 is a system claim and Claim 20 is a non-transitory computer-readable medium claim, they are interpreted and rejected for the same reasons as the method of Claims 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIONNA M BURKE whose telephone number is (571)270-7259. The examiner can normally be reached M-F 8a-4p.
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/TIONNA M BURKE/Examiner, Art Unit 2178 7/11/26
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