Prosecution Insights
Last updated: October 04, 2026
Application No. 18/945,380

INFORMATION PROCESSING DEVICE, INFORMATION PROCESSING METHOD, AND NON-TRANSITORY COMPUTER READABLE STORAGE MEDIUM

Final Rejection §101§102
Filed
Nov 12, 2024
Priority
Dec 20, 2023 — JP 2023-215275
Examiner
SPAR, ILANA L
Art Unit
3622
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
LY CORPORATION
OA Round
2 (Final)
46%
Grant Probability
Moderate
3-4
OA Rounds
1y 8m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
167 granted / 363 resolved
-6.0% vs TC avg
Strong +28% interview lift
Without
With
+27.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
16 currently pending
Career history
389
Total Applications
across all art units

Statute-Specific Performance

§101
13.4%
-26.6% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 363 resolved cases

Office Action

§101 §102
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 . Response to Amendment The following Office Action is responsive to the amendments and remarks received on June 29, 2026. Priority The Office has attempted to retrieve the certified translation of the priority document JP 2023-215275 (see ‘Document indicating retrieval request was unsuccessful’ in file wrapper, dated 5/20/2025). The applicant must provide the required translation to be accorded benefit of the non-English language application. 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. At step 1, claim 1 is directed to a device, claim 9 is directed to a method, and claim 10 is directed to a non-transitory computer-readable medium. Thus, claims 1, 9, and 10 are directed to statutory categories of patentable subject matter. At step 2A, prong I, the independent claims recite, "specification-receiving that includes receiving specification of a landing page of a set of advertisement content; generating that includes inputting, as input information to a generative Artificial Intelligence (AI), instruction information for instructing generation of advertisement content and information about the landing page which is received as specification by a specification receiving unit, and causing the generative Al to generate a set of advertisement content; and providing the set of advertisement content generated at the generating." These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity. The claimed invention receives information about a landing page, inputs information about the landing page, causes to generate a set of advertisement content, and provides the set of advertisement content, which are advertising activities and behaviors. The Examiner notes that although the claim limitations are summarized, 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. At step 2A, prong II, this judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of a generative AI, wherein the generative AI is a multimodal generative AI trained to generate advertisement content based on advertising effectiveness, an information processing device, a specification receiving unit, a generating unit, a providing unit, a computer, and a non-transitory computer readable storage medium. 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. While the generative AI is described as being trained to generate advertisement content based on advertising effectiveness, this is merely applying the generic AI to a particular field of use (see MPEP 2106.05(h)), and does not serve to integrate the abstract idea into a practical application. 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. At 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 generative AI, an information processing device, a specification receiving unit, a generating unit, a providing unit, a computer, and a non-transitory computer readable storage medium are generic computing elements as supported by the specification. 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. The generative AI is described as being trained to generate advertisement content based on advertising effectiveness, but is described in the specification as GPT-4V or CM3Leon, known AI models. Therefore, while the generative AI is given a particular field of use, it is still a generic, publicly available AI product, which constitutes well-understood, routine, and conventional activity, and therefore does not amount to significantly more than the abstract idea. Therefore, the independent claims are not patent eligible. Dependent claims 2-8 and 11-20, 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. Therefore, claims 1-20 are not eligible. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang (US 2024/0241920). With reference to claim 1, Hwang teaches an information processing device comprising ([0047] "A system for providing content 500 may include a generative content serving system 510, a content generating system 520, a data preparation system 530, and a connecting system 540."): a specification receiving unit that receives specification of a landing page of a set of advertisement content (Fig. 5 #530 "data preparation system" [specification receiving unit]. [0072] "In Step 1020, the system for providing content 500 may analyze information of the landing page. If the landing page request is received from the user, the system for providing content 500 may perform work for inferring taste information of the user based on data existing on the corresponding landing page."); a generating unit that inputs, as input information to a generative artificial intelligence (AI), instruction information for instructing generation of advertisement content and information about the landing page which is received as specification by the specification receiving unit, and causes the generative AI to generate a set of advertisement content, wherein the generative AI is a multimodal generative AI trained to generate advertisement content based on advertising effectiveness (Fig. 5 #520 "content generating system" [generating unit]. [0076] "In Step 1060, the system for providing content 500 may package data for transmitting the related information, and in Step 1070, the system for providing content 500 may generate URL for transmitting information. After this, in Step 1080, the system for providing content 500 may transmit data or URL. Like this, the system for providing content 500 may package the related information for the product item and directly transmit it, or provide it in the form of URL to the GAI according to the data transmitting method." [0045] “In other words, the system for providing content may utilize generative AI through connecting with CMS (Content Management System) and the like of a content provider for constructing words and sentences, etc. that are highly preferred by user. Also, the system for providing content may generate an image, BGM (Back Ground Music), and the like by using generative AI, or generate related advertisement (e.g. banner advertisement) by combining the corresponding page information with user taste information.” [0060] “In addition, the GAI content publishing module 850 may monitor user response information of the provided generative content and record it separately, thereby collecting information for analyzing effects and the like on user reach rate, response rate, purchase rate, etc. of the generative content in the future.” [0079] “After this, the system for providing content 500 may generate an effect report based on generative content.” See also [0041] and [0073].); and a providing unit that provides the set of advertisement content generated by the generating unit (Fig. 5 #540 "connecting system 540" [providing unit}. [0085] "In Step 1140, the computer device 200 may provide the generated target content. As one example embodiment, the computer device 200 may update content located at bottom of the first page in real-time as the target content according to user's scrolling for the first page including the original content. As another example embodiment, the computer device 200 may provide the target content through the second page that the user visits through the first page."). With reference to claim 9 and 10, Hwang teaches 9. An information processing method implemented in a computer, comprising (Abstract): 10. A non-transitory computer readable storage medium having stored an information processing program that causes a computer to execute ([0015] "According to an example embodiment, there is provided a computer program stored in a computer-readable recording medium to execute the method on a computer device in conjunction with the computer device."): specification-receiving that includes receiving specification of a landing page of a set of advertisement content ([0072] "In Step 1020, the system for providing content 500 may analyze information of the landing page. If the landing page request is received from the user, the system for providing content 500 may perform work for inferring taste information of the user based on data existing on the corresponding landing page."); generating that includes inputting, as input information to a generative artificial intelligence (AI), instruction information for instructing generation of advertisement content and information about the landing page which is received as specification by a specification receiving unit, and causing the generative AI to generate a set of advertisement content, wherein the generative AI is a multimodal generative AI trained to generate advertisement content based on advertising effectiveness ([0076] "In Step 1060, the system for providing content 500 may package data for transmitting the related information, and in Step 1070, the system for providing content 500 may generate URL for transmitting information. After this, in Step 1080, the system for providing content 500 may transmit data or URL. Like this, the system for providing content 500 may package the related information for the product item and directly transmit it, or provide it in the form of URL to the GAI according to the data transmitting method." [0045] “In other words, the system for providing content may utilize generative AI through connecting with CMS (Content Management System) and the like of a content provider for constructing words and sentences, etc. that are highly preferred by user. Also, the system for providing content may generate an image, BGM (Back Ground Music), and the like by using generative AI, or generate related advertisement (e.g. banner advertisement) by combining the corresponding page information with user taste information.” [0060] “In addition, the GAI content publishing module 850 may monitor user response information of the provided generative content and record it separately, thereby collecting information for analyzing effects and the like on user reach rate, response rate, purchase rate, etc. of the generative content in the future.” [0079] “After this, the system for providing content 500 may generate an effect report based on generative content.” See also [0041] and [0073].); and providing the set of advertisement content generated at the generating ([0085] "In Step 1140, the computer device 200 may provide the generated target content. As one example embodiment, the computer device 200 may update content located at bottom of the first page in real-time as the target content according to user's scrolling for the first page including the original content. As another example embodiment, the computer device 200 may provide the target content through the second page that the user visits through the first page."). With reference to claim 2, Hwang teaches the information processing device according to claim 1, wherein the generating unit inputs, as input information to the generative AI, information further containing information that indicates an attribute of user to whom the set of advertisement content is to be provided, and causes the generative AI to generate a set of advertisement content corresponding to the attribute ([0044] "FIG. 4 is a drawing illustrating an example of landing page and customized content according to an example embodiment. The system for providing content may track user behavior based on content of the content previously provided through landing page for introduced user, and collect and analyze preference [attribute]. In addition, the system for providing content may reflect the collected information in the form of correcting or generating content through generative AI when using user's next content. At this time, user's action information in the page may be utilized as content generating weights of generative AI. Here, the user's action information may be obtained through entering a search word, selecting a link, user's scroll range, and the like."). With reference to claim 3, Hwang teaches the information processing device according to claim 1, wherein the generating unit inputs, as input information to the generative AI, information further containing information about a media plane in which the set of advertisement content is to be posted, and causes the generative AI to generate a set of advertisement content according to the media plane ([0041] "A channel in which such content is provided may include a channel [media plane] for web content publishing, a channel for advertisement network or advertisement publisher, a channel for E-commerce advertisement, and the like. The channel for web content publishing may include, for example, blogs, social networks, news pages, social advertisements, and the like. Also, the channel for E-commerce advertisement may include product detail pages and the like."). With reference to claim 4, Hwang teaches the information processing device according to claim 1, wherein the generating unit causes the generative AI to generate a plurality of sets of advertisement content, and the providing unit provides the plurality of sets of advertisement content generated by the generating unit ([0046] "The system for providing content may control various contents [plurality of sets of advertisement content] to be provided to a user by using the generative AI on web content."). With reference to claim 5, Hwang teaches the information processing device according to claim 4, further comprising: a determining unit that determines advertising effectiveness of the plurality of sets of advertisement content provided by the providing unit; and a selecting unit that, based on determination result obtained by the determining unit, selects a set of advertisement content to be provided from among the plurality of sets of advertisement content generated by the generating unit, wherein the providing unit provides the set of advertisement content selected by the selecting unit ([0086] "According to an example embodiment, the computer device 200 may store identification information of the original content, or identification information of a page including the original content in association with the target content. According to an example embodiment, the computer device 200 may further associate and store response information [effectiveness] of the user for the target content. In this case, the computer device 200 may generate the target content by further using weights according to response information of users for target contents previously provided." See also [0049], [[60], [0069], and [0087].). With reference to claim 6, Hwang teaches the information processing device according to claim 5, wherein the determining unit determines advertising effectiveness of the set of advertisement content corresponding to each attribute of user to whom the set of advertisement content is to be provided, and based on attribute of user to whom the set of advertisement content is to be provided and based on determination result obtained by the determining unit, the selecting unit selects the set of advertisement content to be provided ([0068] "In Step 970, the system for providing content 500 may generate a unique identifier of the customized content, and store related information. The system for providing content 500 may generate a unique identifier for newly processed customized content based on user input, and store and manage related information. Because there is a difficulty in reconstruction due to the nature of artificial intelligence, the generated customized content may be managed through the unique identifier, and then the corresponding customized content according user's subsequent response or response result [effectiveness] for taste may be reused or the corresponding content may be utilized as training data of the GAI." [0045] "The system for providing content may increase user access and staying time through providing user-customized content by continuously accumulating user taste information[attribute] through continuous analysis for user response [effectiveness] and dynamically generating content customized for user taste information collected up to a corresponding time when loading to new page. In other words, the system for providing content may utilize generative AI through connecting with CMS (Content Management System) and the like of a content provider for constructing words and sentences, etc. that are highly preferred by user.") Also, the system for providing content may generate an image, BGM (Back Ground Music), and the like by using generative AI, or generate related advertisement (e.g. banner advertisement)See also [0086] and [0045] "user response] [effectiveness]'customized for user taste information [attribute of a user]".). With reference to claim 7, Hwang teaches the information processing device according to claim 4, further comprising a base receiving unit that receives base advertisement content representing a set of advertisement content which serves as basis, wherein the generating unit inputs, as the input information to the generative AI, information containing information about the landing page and containing the base advertisement content, and causes the generative AI to generate a set of advertisement content which is similar to the base advertisement content (Fig. 11, [0081] "In Step 1110, the computer device 200 may collect content information of original content base advertisement content], and behavior information of a user for the original content, in relation to the original content already provided to the user. A page including the original content may include a function for collecting behavior information of the user for the page in real-time and asynchronously. In this case, the behavior information of the user for the original content may correspond to the behavior information of the user for the page [landing page] including the original content." See also [0082]-[0086].). With reference to claim 8, Hwang teaches the information processing device according to claim 1, further comprising a request receiving unit that receives an advertisement delivery request, wherein when the advertisement delivery request is received by the request receiving unit, the generating unit inputs, as input information to a generative AI, information containing information about the landing page received as specification by the specification receiving unit, and causes the generative AI to generate a set of advertisement content ([0056] "When a user enters user landing content 810, the system for providing content 500 may collect user characteristics and interest information on a page for the user landing content 810. At this time, a JS module 811 inserted to the user landing content 810 may track and collect user's preference information in real-time and asynchronously, and may record the collected information in cookies or transmit it as parameter information on hyperlink through HTTP request of a target page that the user requests. When a user moves within the same business operator, reference information for information related to the user landing content 810 may be utilized together with the preference information." See also [0057]-[0060].). With reference to claim 11, Hwang teaches the information processing device according to claim 1, wherein the generating unit inputs, as input information to the generative AI, information further containing information that indicates an attribute of user to whom the set of advertisement content is to be provided and information about a media plane in which the set of advertisement content is to be posted, and causes the generative Al to generate a set of advertisement content corresponding to the attribute and according to the media plane ([0044] "FIG. 4 is a drawing illustrating an example of landing page and customized content according to an example embodiment. The system for providing content may track user behavior based on content of the content previously provided through landing page for introduced user, and collect and analyze preference [attribute]. In addition, the system for providing content may reflect the collected information in the form of correcting or generating content through generative AI when using user's next content. At this time, user's action information in the page may be utilized as content generating weights of generative AI. Here, the user's action information may be obtained through entering a search word, selecting a link, user's scroll range, and the like." [0041] "A channel in which such content is provided may include a channel [media plane] for web content publishing, a channel for advertisement network or advertisement publisher, a channel for E-commerce advertisement, and the like. The channel for web content publishing may include, for example, blogs, social networks, news pages, social advertisements, and the like. Also, the channel for E-commerce advertisement may include product detail pages and the like." [0046] “The system for providing content may control various contents to be provided to a user by using the generative AI on web content. For example, to control a functional aspect for web page construction, HTML (Hyper Text Markup Language), CSS (Cascading Styple Sheet), JavaScript, and the like may be utilized. HTML may be used for controlling content such as content of the content and hypertext, CSS may be used for controlling style of webpage, and JavaScript may be used for controlling event of webpage. In addition, for controlling content characteristics, the system for providing content may list content based on user preference, and provide content by applying a filter function based on the previously identified user information when exposing content. Also, the system for providing content may utilize an interaction structure such as paging, timeline, and the like. In addition, the system for providing content may utilize user behavior (action) information. For example, the system for providing content may control content through user's search behavior for landing page, referral link, and the like.”). With reference to claim 12, Hwang teaches the information processing device according to claim 1, wherein the multimodal generative Al generates the set of advertisement content including text content and image content ([0045] “In other words, the system for providing content may utilize generative AI through connecting with CMS (Content Management System) and the like of a content provider for constructing words and sentences, etc. that are highly preferred by user. Also, the system for providing content may generate an image, BGM (Back Ground Music), and the like by using generative AI, or generate related advertisement (e.g. banner advertisement) by combining the corresponding page information with user taste information.”). With reference to claim 13, Hwang teaches the information processing device according to claim 1, wherein the set of advertisement content generated by the generating unit includes information for directing a user to the landing page ([0046] “For example, the system for providing content may control content through user's search behavior for landing page, referral link, and the like.”). With reference to claim 14, Hwang teaches the information processing device according to claim 4, wherein the generating unit causes the generative Al to generate the plurality of sets of advertisement content having different formats ([0046] "The system for providing content may control various contents [plurality of sets of advertisement content] to be provided to a user by using the generative AI on web content." [0041] “A channel in which such content is provided may include a channel for web content publishing, a channel for advertisement network or advertisement publisher, a channel for E-commerce advertisement, and the like. The channel for web content publishing may include, for example, blogs, social networks, news pages, social advertisements, and the like.”). With reference to claim 15, Hwang teaches the information processing device according to claim 5, wherein the determining unit determines the advertising effectiveness based on user interaction with the plurality of sets of advertisement content ([0077] “Meanwhile, the system for providing content 500 may collect user feedback for the provided content as generative artificial intelligence based content is provided.” [0079] “After this, the system for providing content 500 may generate an effect report based on generative content.”). With reference to claim 16, Hwang teaches the information processing device according to claim 1, further comprising a request receiving unit that receives an advertisement delivery request, wherein when the advertisement delivery request is received by the request receiving unit, the generating unit dynamically inputs, as input information to the generative Al, the instruction information and the information about the landing page, and causes the generative Al to generate the set of advertisement content in response to the advertisement delivery request ([0049] “The content generating system 520 may be a system for providing generative content by using generative AI (Artificial Intelligence). Such content generating system 520 may include a QA controller 521 for monitoring and evaluating user's response to the generative content, a GAI engine 522 for generating generative content according to service requests, a performance monitor 523 for monitoring performance for generative content, a generative content controller 524 for controlling generative content, a campaign feature store 525 for storing features for campaign, a model store 526 for storing various generative AI models, and a vector store 527 for storing vector of data related to generative AI.” [0054] “On the other hand, when utilizing generative AI (Artificial Intelligence), the system for providing content 500 may provide a notification to a user for providing generative AI based content by connecting a generative AI model when a user enters traffic, and may provide a selection function for application range and taste preference strength of generative AI according to user's choice to the user. In addition, when utilizing such generative AI, when using GAI, the system for providing content 500 may store in cookies and utilize identification information (e.g., hash value) for content generated with generative AI, parameter information used when calling generative AI and/or information for providing preference information used in generative AI to external services.”). With reference to claim 17, Hwang teaches the information processing device according to claim 1, further comprising a base receiving unit that receives base advertisement content representing a set of advertisement content which serves as basis, wherein the generating unit inputs, as the input information to the generative Al, the instruction information, the information about the landing page, and the base advertisement content, and causes the generative Al to generate a set of advertisement content which is similar to the base advertisement content (Fig. 11, [0081] "In Step 1110, the computer device 200 may collect content information of original content base advertisement content], and behavior information of a user for the original content, in relation to the original content already provided to the user. A page including the original content may include a function for collecting behavior information of the user for the page in real-time and asynchronously. In this case, the behavior information of the user for the original content may correspond to the behavior information of the user for the page [landing page] including the original content." See also [0082]-[0086].). With reference to claim 18, Hwang teaches the information processing device according to claim 1, wherein the generating unit causes the generative Al to generate a plurality of sets of advertisement content, the information processing device further comprising: a determining unit that determines advertising effectiveness of the plurality of sets of advertisement content; and a selecting unit that, based on determination result obtained by the determining unit, selects a set of advertisement content to be provided from among the plurality of sets of advertisement content, wherein the providing unit provides the set of advertisement content selected by the selecting unit ([0086] "According to an example embodiment, the computer device 200 may store identification information of the original content, or identification information of a page including the original content in association with the target content. According to an example embodiment, the computer device 200 may further associate and store response information [effectiveness] of the user for the target content. In this case, the computer device 200 may generate the target content by further using weights according to response information of users for target contents previously provided." See also [0049], [0060], [0069], and [0087].). With reference to claim 19, Hwang teaches the information processing device according to claim 18, wherein the determining unit determines advertising effectiveness of the set of advertisement content corresponding to each attribute of user to whom the set of advertisement content is to be provided, and based on attribute of user to whom the set of advertisement content is to be provided and based on determination result obtained by the determining unit, the selecting unit selects the set of advertisement content to be provided ([0086] "According to an example embodiment, the computer device 200 may store identification information of the original content, or identification information of a page including the original content in association with the target content. According to an example embodiment, the computer device 200 may further associate and store response information [effectiveness] of the user for the target content. In this case, the computer device 200 may generate the target content by further using weights according to response information of users for target contents previously provided." ([0077] “Meanwhile, the system for providing content 500 may collect user feedback for the provided content as generative artificial intelligence based content is provided.” [0079] “After this, the system for providing content 500 may generate an effect report based on generative content.” See also [0049], [0060], [0069], and [0087].). With reference to claim 20, Hwang teaches the information processing device according to claim 1, wherein the generating unit causes the generative Al to generate a plurality of sets of advertisement content based on the instruction information and the information about the landing page, and the providing unit provides the plurality of sets of advertisement content generated by the generating unit for evaluation of advertising effectiveness (“[0077] “Meanwhile, the system for providing content 500 may collect user feedback for the provided content as generative artificial intelligence based content is provided.” [0079] “After this, the system for providing content 500 may generate an effect report based on generative content.” [0060] “In addition, the GAI content publishing module 850 may monitor user response information of the provided generative content and record it separately, thereby collecting information for analyzing effects and the like on user reach rate, response rate, purchase rate, etc. of the generative content in the future.”). Response to Arguments Applicant's arguments filed June 29, 2026 have been fully considered but they are not persuasive. Regarding the retrieval of foreign priority documents, Examiner notes that the Office has unsuccessfully attempted to retrieve the foreign priority documents from JPO, and therefore requests Applicant to submit a translation of the foreign priority document to enable the foreign priority claim to be perfected. Claim objections and 112(b) rejections have been withdrawn. Regarding the 101 rejection, Applicant argues that the claims recite specific technical features that integrate the abstract idea into a practical application. However, the amended limitation of “instruction information…” is part of the abstract idea, in that creating or generating instructions falls within both Certain Methods of Organizing Human Activity and Mental Processes. Programming a computer or giving a computer instructions does not demonstrate a technical feature or technical improvement. The further limitation of a “multimodal generative AI…” is recited at a high level of generality, and does not demonstrate a technical solution to a technical problem, particularly in light of Applicant’s specification, which discloses that the multimodal AI is an off-the-shelf product like GPT-4V. Even when the additional elements are considered in combination, the off-the-shelf AI product is being used in a conventional way to optimize advertisements, which is only an improvement to the abstract idea, rather than an improvement to the technology. Applicant argues that the instant claims are similar to Example 47, which blocks network traffic based on results of AI. However, the optimization of an advertisement is not comparable to blocking network traffic, as there is not a technical solution to a technical problem in the instant claims, as outlined above. While the claims include the multimodal AI which the Applicant deems to be the component providing the improvement, because the improvement is only to the abstract idea, this argument is not persuasive. Applicant’s argument that the claims impose meaningful limits on how the AI operates is also not persuasive, as Applicant merely discusses at a high level that AI is trained on a certain type of content. This does not demonstrate any technical description of how the AI is trained or why this is an improvement to conventional AI systems, so this argument is not persuasive. Applicant’s arguments with respect to the 102 rejection in view of Hwang are moot in view of the new grounds of rejection provided above. Hwang teaches providing input to the generative AI, as that is an inherent part of using generative AI, and Hwang further teaches that the AI is multimodal and generates advertisements based on data that will make the ads more effective, see above. Applicant seems to be suggesting that the instruction information is a certain type of information different than the user characteristics of Huang. This is not required by the claims, so this argument is not persuasive. The claims also don't require that the advertising content be completely new rather than a modified version of original content, so this argument is also unpersuasive. Therefore, the 102 rejection is maintained. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ILANA L SPAR whose telephone number is (571)270-7537. The examiner can normally be reached 8-4 M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tariq Hafiz can be reached at 571-272-5350. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ILANA L SPAR/ Supervisory Patent Examiner, Art Unit 3622
Read full office action

Prosecution Timeline

Nov 12, 2024
Application Filed
Feb 03, 2026
Non-Final Rejection mailed — §101, §102
Jun 29, 2026
Response Filed
Sep 01, 2026
Final Rejection mailed — §101, §102 (current)

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Patent 12699636
SYSTEMS AND METHODS FOR EVALUATING CUSTOM AUDIENCE SEGMENTS
2y 9m to grant Granted Aug 04, 2026
Patent 12614142
EFFICIENT OPTIMAL FACILITY LOCATION DETERMINATION METHOD FOR CONVEX POSITION DEMAND POINT
2y 6m to grant Granted Apr 28, 2026
Patent 9234927
MEASURING INSTRUMENT AND MEASURING METHOD FEATURING DYNAMIC CHANNEL ALLOCATION
3y 12m to grant Granted Jan 12, 2016
Patent 9236006
DISPLAY DEVICE AND METHOD OF DRIVING THE SAME
1y 10m to grant Granted Jan 12, 2016
Patent 9214112
DISPLAY DEVICE AND DISPLAY METHOD
3y 9m to grant Granted Dec 15, 2015
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
46%
Grant Probability
74%
With Interview (+27.7%)
3y 7m (~1y 8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 363 resolved cases by this examiner. Grant probability derived from career allowance rate.

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