DETAILED ACTION
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 .
Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 101
Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites receiving an advertisement requesting personalization data, determining that second device is a known device, determining that first device is capable of providing first requested personalization data, and sending a reply indicating availability of the first device to provide the first requested personalization data.
The limitations of determining the second device is a known devices and determining first device is capable of providing first requested personalization data, as drafted, are processes that, under their broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting “device”, “processors”, and “computer readable medium” nothing in the claim elements precludes the steps from practically being performed in the mind. For example, but for the “determining second device is a known device” language in the context of this claim encompass a user comparing identifiers as per dependent claim 4, and then mentally analyzing the identifier matches to one or more known devices.
Similarly, the limitation of determining that first device is capable of providing first requested personalization data, 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 “determination” language, “that first device is capable of providing first requested personalization data” in the context of this claim encompasses a user reviewing if first device has the first requested personalization data. 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.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements of a processor, computer readable medium, and devices to perform the determination steps. The processor, computer readable medium, and devices are recited at a high level of generality (i.e., as generic computer components performing generic computer functions of collecting, organizing, and analyzing information) such that they amount to no more than mere instructions to apply the exception using generic computer components. 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 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 elements of a processor, computer readable medium, and devices to perform the determination steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Singh et al. U.S. Patent Application Publication Number 2016/0080475 A1. Cross device application discovery for detection and activation of application on remote devices (see Abstract).
Srinivasa Ragavan et al. U.S. Patent Number 10,791,178 B1. Method for establishing communication between devices and other potential devices (see Abstract).
Taylor et al. U.S. Patent Number 11,632,345 B1. Messaging data sharing between communal devices (see section [0019]).
Gross et al. U.S. Patent Application Publication Number 2026/0129406 A1. Sharing data between peer devices (see section [0448]).
Mohamad Abdul et al. U.S. Patent Application Publication Number 2020/0007530 A1. Data synchronization across multiple user devices (see Abstract).
Young U.S. Patent Application Publication Number 2021/0105713 A1. Device connecting to other playback devices (see Abstract).
Champy U.S. Patent Application Publication Number 2017/0018002 A1. System for presenting media content that was advertised on a second screen device using a primary screen device (see Abstract).
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/ALAN S CHOU/Primary Examiner, Art Unit 2451
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