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 .
Status of Claims
This office action is in response to the RCE filed on 6/18/2026.
Claims 1, 13, 25, and 54 have been amended.
Claims 51-53 have been canceled.
Claims 1-13, 25, 49, 50, and 54 are pending and have been examined.
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 1-13, 25, 49, 50, and 54 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1 -12, 49, 50, and 54 are directed to a method. Claim 13 is directed to an apparatus. Claim 25 is directed to a non-transitory computer readable medium. Thus, on their face they fall within the four statutory categories of patentable subject matter.
Step 2A prong 1:
The following limitations, when considered individually and as an ordered combination, are merely descriptive of abstract concepts:
Claim 1:
monitoring a plurality of interactions between a user and a plurality of pieces of content, wherein each piece of content of the plurality of pieces of content depicts at least one object;
determining a first object preference of the user based, at least in part, on at least one interaction of the plurality of interactions, wherein the first object preference is associated with a first object depicted in at least one piece of content of the plurality of pieces of content;
receiving a first piece of content, comprising a plurality of segments
extracting a plurality of features from the first piece of content, wherein the plurality of features are associated with a plurality of objects within the first piece of content
assigning a first label to a first set of objects of the plurality of objects based at least in part, on a first set of features of the plurality of features, wherein the first label corresponds to non-product objects;
assigning a second label to a second set of objects of the plurality of objects based at least in part, on a second set of features of the plurality of features, wherein the second label corresponds to product objects;
displaying, to the user, a first segment of the first piece of content, wherein a first object of the first set of objects does not appear in the first segment;
displaying, to the user, a second segment of the first piece of content, wherein the second segment is displayed after the first segment and the first object of the first set of objects appears in the second segment;
detecting a first interaction of the user with the first piece of content, wherein the first interaction is detected during display of the second segment;
receiving, by a second entity, the first interaction;
identifying, by the second entity, the first object of the first set of objects based, at least in part, on:
displaying the first segment without receiving at least one interaction;
the first object being assigned the first label;
the first interaction occurring during display of the second segment; and
the first object preference, wherein the first object preference is associated with the first object;
generating a second piece of content, by replacing the first object of the first set of objects with a second object; and
displaying, to the user, the second piece of content.
Claim 13:
monitor a plurality of interactions between a user and a plurality of pieces of content, wherein each piece of content of the plurality of pieces of content depicts at least one object;
determine a first object preference of the user based, at least in part, on at least one interaction of the plurality of interactions, wherein the first object preference is associated with a first object depicted in at least one piece of content of the plurality of pieces of content;
receive a first piece of content comprising a plurality of segments;
extract a plurality of features from the first piece of content, wherein the plurality of features are associated with a plurality of objects within the first piece of content;
assign a first label to a first set of objects of the plurality of objects based, at least in part, on a first set of features of the plurality of features, wherein the first label corresponds to non-product objects;
assign a second label to a second set of objects of the plurality of objects based at least in part, on a second set of features of the plurality of features, wherein the second label corresponds to product objects;
cause to be displayed, to the user, a first segment of the first piece of content, wherein a first object of the first set of objects does not appear in the first segment;
cause to be displayed a second segment of the first piece of content, wherein the second segment is displayed after the first segment and the first object of the first set of objects appears in the second segment;
receive a first interaction of the user with the first piece of content, wherein the first interaction is detected during display of the second segment;
identifying the first object of the first set of objects based, at least in part, on:
displaying the first segment without receiving at least one interaction;
the first object being assigned the first label;
the first interaction occurring during display of the second segment; and
the first object preference, wherein the first object preference is associated with the first object;
generating a second piece of content, by replacing the first object of the first set of objects with a second object; and
cause to be displayed the second piece of content.
Claim 25:
monitor a plurality of interactions between a user and a plurality of pieces of content, wherein each piece of content of the plurality of pieces of content depicts at least one object;
determine a first object preference of the user based, at least in part, on at least one interaction of the plurality of interactions, wherein the first object preference is associated with a first object depicted in at least one piece of content of the plurality of pieces of content;
receiving a first piece of content comprising a plurality of segments;
extract a plurality of features from the first piece of content, wherein the plurality of features are associated with a plurality of objects within the first piece of content,
assign a first label to a first set of objects of the plurality of objects based, at least in part, on a first set of features of the plurality of features, wherein the first label corresponds to non-product objects;
assign a second label to a second set of objects of the plurality of objects based, at least in part, on a second set of features of the plurality of features, wherein the second label corresponds to product objects;
cause to be displayed, to the user, a first segment the first piece of content, wherein a first object of the first set of objects does not appear in the first segment;
cause to be displayed a second segment of the first piece of content, wherein the second segment is displayed after the first segment and the first object of the first set of objects appears in the second segment;
receive, from the user, a first interaction of the user with the first piece of content, wherein the first interaction is detected during display of the second segment;
identify the first object of the first set of objects based, at least in part, on:
displaying the first segment without receiving at least one interaction;
the first object being assigned the first label;
the first interaction occurring during display of the second segment; and
the first object preference, wherein the first object preference is associated with the first object;
generate a second piece of content, by replacing the first object of the first set of objects with a second object; and
cause to be displayed the second piece of content.
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
2. wherein the second piece of content comprises the second set of objects and one or more objects of the first set of objects.
3. wherein identifying the first object of the first set of objects further comprises inputting the first interaction, the first object being assigned the first label, and the first object preference of the user into one or more models.
4. wherein generating the second piece of content further comprises:
inputting the first piece of content and an identification of the first object into a model; and
generating, by way of the model, the second piece of content, wherein the first object of the first set of objects is replaced with the second object.
5. further comprising:
determining a second object preferences of the user based, at least in part, on a second at least one interaction of the plurality of interactions, wherein the second object preference is associated with the second object depicted in at least one piece of content of the plurality of pieces of content; and
inputting the second object preference into the model, prior to the model generating the second piece of content.
6. further comprising:
receiving, by the second entity, a second interaction related to the second piece of content;
generating a third piece of content, by replacing the first object of the first set of objects with a third object, wherein:
the third piece of content is generated based, at least in part, on the second interaction; and
the third piece of content is generated using a model; and
displaying, to the user, the third piece of content.
7, 9. further comprising:
generating a report comprising the first interaction, the second interaction, and information about the second piece of content; and
transmitting the report to a third entity different than the second entity.
8. further comprising:
receiving, by the second entity, a second interaction related to the second piece of content;
generating a third piece of content, by replacing a third object of the first set of objects with a fourth object, wherein:
the third piece of content is generated based, at least in part, on the second interaction; and
the third piece of content is generated using a model; and
displaying, to the user, the third piece of content.
10. wherein:
the second set of objects that are assigned the second label corresponding to product objects depict at least one of: a product for sale or a logo; and
the first set of objects that are assigned the first label corresponding to non-product objects do not depict a product for sale or a logo.
11. further comprising:
submitting a first bid related to the user;
receiving a first notification indicating that the first bid was successful;
transmitting the first piece of content to the user in response to receiving the first notification;
submitting a second bid related to the user, wherein:
the second bid is a retargeting bid; and
the second bid is submitted based, at least in part, on the first interaction;
receiving a second notification indicating that the second bid was successful; and
transmitting the second piece of content to the user in response to receiving the second notification.
12. further comprising:
receiving, by the second entity, a second interaction related to the second piece of content;
determining that no additional content should be generated based, at least in part, on the second interaction; and
transmitting a notification indicating that no additional content should be generated.
50. wherein: the first label is assigned to the first set of objects of the plurality of objects using feature mapping and the first set of features of the plurality of features; and the second label is assigned to the second set of objects of the plurality of objects using feature mapping and the second set of features of the plurality of features.
The claims provide a manner of analyzing content viewed by a user and using the information to customize content (particularly advertisements – see spec [0002]-[0010]) for the user. Specifically, the claims monitor interactions of a user with content, identify objects in the content (i.e. spokesperson, environment, product, etc) to determine preferences, identifying objects in content, providing the content to a user, replacing an object in the content, and providing it to the user. Thus, when considered individually and as an ordered combination, the claims embody certain methods of organizing human activity. Specifically, such activity is in the form of commercial interactions (in the form of advertising, marketing or sales activities or behaviors).
Additionally, but for the high-level recitation of generic computing elements, a human analog could perform the steps of the claims in the human mind or with pen and paper. A human could monitor content interactions of a user, determine object preferences based on the interactions, receive a piece of content, identify and label objects in the content, display the content to a user, receive an interaction with the content, identify an object in the content based on the label, interaction, and preferences, generate a second piece of content by replacing an object, and display the second content to a user. Thus, the claims fall within the mental process grouping of abstract ideas.
Step 2A prong 2: This judicial exception is not integrated into a practical application. The claims recite the following additional elements: device/ first device associated with a user (claim 1, 6, 8, 11, 13, 25, 49, 54); artificial intelligence model (claim 4, 5, 6, 8); second device (claim 1, 6, 7, 8, 9, 12); third device (claim 7, 9); control circuitry and at least one memory including program code for one or more programs (claim 13); non-transitory computer readable medium having instructions thereon (claim 25); wherein detecting, by the first device, the first interaction of the first user with the first piece of content comprises receiving a skip command or a fast forward command. (claim 49, 54);
The device/ first device associated with a user, second device, third device, control circuitry and at least one memory including program code for one or more programs, and non-transitory computer readable medium having instructions thereon are recited at a high level of generality. The devices merely “apply it” (the abstract idea) using generic computing components. The devices are merely used to process data (monitoring, determining, identifying, assigning, causing to be displayed, generating, inputting) and sending and receiving data (receiving, transmitting, submitting). Nothing in the claims improves upon computers, technology, or a technical field (See MPEP 2106.05(f)).
The high-level use of “artificial intelligence” models does not go beyond the “apply it” level of implementation. The recitations of artificial intelligence amount to little more than “do it with artificial intelligence.” There are no meaningful limitations that improve artificial intelligence technology or a technical field (See MPEP 2106.05(f)).
The limitations reciting wherein detecting, by the first device, the first interaction of the first user with the first piece of content comprises receiving a skip command or a fast forward command is recited at a high level of generality and does not go beyond the “apply it” level of implementation. Nothing in the claims improves interaction tracking technology or a technical field (See MPEP 2106.05(f)). Additionally, this merely provides a general link to interactions in a particular technological environment (i.e. video environment). The data is interaction data of a video environment as opposed to interaction data of any other environment (See MPEP 2106.05(h)).
Accordingly, when considered both individually and as an ordered combination, the additional elements do not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Similarly, as above with regard to practical application, the additional elements when considered both individually and as an ordered combination, do not provide an inventive concept as they merely provide generic computing components used as a tool to implement the abstract idea and provide a general link to a particular technological environment (i.e. video).
As a result, the claims are not patent eligible.
Allowable Subject Matter
Claim1-13, 25, 49, 50, and 54 are allowed over the prior art however, remain rejected under 35 USC 101.
While each limitation may be found in prior art individually, the examiner was unable to find a reasonable combination of references to teach each and every limitation in the context of the claimed invention. More specifically, the examiner was unable to find a reference that adequately taught "identifying, by the second device, the first object of the first set of objects based, at least in part, on: the first device displaying the first segment without receiving an interaction" in the context of the claimed invention.
The closest prior arts include:
Efrati et al (US 2015/0006299) is considered the closest prior art. Efrati generally teaches monitoring user interactions with content. Based on the monitoring of the user interactions with content it identifies various components of the content that are of interest to a user. Then Efrati customizes advertisements including products and altering the various components of the advertisement based on the monitored user preferences.
Blackhurst et al (US 2015/0100416) teaches sending a user a piece of content and monitoring the interactions or lack of interactions with the content. Based on the tracked interactions, providing the content to the user again but with modifications to content such as updating the offer or promotion.
Kumar et al (US 9,514,481) teaches modifying an advertisement a variety of ways including color, hue, brightness, contrast, and saturation. Considerations of which aspects of the ads to modify include determining the user’s mood or emotional state.
Fang et al (US 2019/01251612) teaches using a GAN to input an image, analyze the image, and make modifications to personalize the image based on a particular users preferences.
Wen (US 2014/0164103) teaches generating a report that is tailored for a specific merchant and/or may focus on the entire industry to compare the value of advertisements associated with frequency of advertisements, price of advertisements, and form of advertisements displayed.
Response to Arguments
The examiner has considered but does not find persuasive applicant’s arguments regarding rejections under 35 USC 101. Applicant argues that the claims are not directed to an abstract idea. The examiner respectfully disagrees. The claims analyze content viewed by a user and using the information to customize content (particularly advertisements – see spec [0002]-[0010]) for the user. Specifically, the claims monitor interactions of a user with content, identify objects in the content (i.e. spokesperson, environment, product, etc) to determine preferences, identifying objects in content, providing the content to a user, replacing an object in the content, and providing it to the user. Thus, when considered individually and as an ordered combination, the claims embody certain methods of organizing human activity. Specifically, such activity is in the form of commercial interactions (in the form of advertising, marketing or sales activities or behaviors). Additionally, but for the high-level recitation of generic computing elements, a human analog could perform the steps of the claims in the human mind or with pen and paper. A human could monitor content interactions of a user, determine object preferences based on the interactions, receive a piece of content, identify and label objects in the content, display the content to a user, receive an interaction with the content, identify an object in the content based on the label, interaction, and preferences, generate a second piece of content by replacing an object, and display the second content to a user. Thus, the claims fall within the mental process grouping of abstract ideas.
Furter the examiner does not see a specific image processing technique in the claims. The claims provide a high-level series of steps that do not provide the actual process of how to generate the image. Thus, the claim are silent as to any meaningful technique to actually create the images. Even claims 4-6, and 8, which are the closest thing to reciting an actual technique for generating the images, is recited at a high level of generality which says little more than “do it” with artificial intelligence. Therefore, the examiner finds that no such improvement to image processing is claimed.
With regard to McRO the examiner respectfully disagrees. The examiner does not see a series of steps that are uniquely created in order for a computer to perform a task in a manner that would be done differently than a human analog attempting the task. Here, a human could easily monitor interactions of a user with content, identify preferences of the user for objects in content, receive a piece of content, extract features of the content, assign labels to different objects in the content, display the content to a user, detect interactions with the content, identify objects based on the claimed criteria, generate a second piece of content by replacing one object in the content for another, and displaying it to the user.
With regard to example 37, the examiner finds no such similarities. Example 37 is elibible because “The claim recites the combination of additional elements of receiving, via a GUI, a user selection to organize each icon based on the amount of use of each icon, a processor for performing the determining step, and automatically moving the most used icons to a position on the GUI closest to the start icon of the computer system based on the determined amount of use. The claim as a whole integrates the mental process into a practical application. Specifically, the additional elements recite a specific manner of automatically displaying icons to the user based on usage which provides a specific improvement over prior systems, resulting in an improved user interface for electronic devices. Thus, the claim is eligible because it is not directed to the recited judicial exception. “The present claims are not directed in any way to anything that could remotely be considered an “improved interface for electronic devices.” Merely providing advertisements that would be more appealing to user would be an improvement to a business idea and not technology or a technical field. As a result, such rejections have been maintained.
Applicant’s arguments regarding rejections under 35 USC 103 are found persuasive. As a result, such rejections have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER STROUD whose telephone number is (571)272-7930. The examiner can normally be reached Mon. - Fri. 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraff can be reached at (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER STROUD
Primary Examiner
Art Unit 3621
/CHRISTOPHER STROUD/Primary Examiner, Art Unit 3621
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