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 the Application
This action is a first action on the merits in response to the application filed on 12/18/2024.
Status of Claims
Claims 1-19 filed on 12/18/2024 are currently pending and have been examined in this application.
Claim Objections
Claim 15 is objected to because of the following informality: Claim 15 recites “A system, comprising: an experience optimization server; non-transitory computer-readable instructions” it should read “A system, comprising: an experience optimization server; a non-transitory computer-readable medium having instructions thereon which, when executed cause a processor”.
Claims 16-18 depend from claim 15 and do not cure the noted deficiency. Therefore, they are also objected to by the Examiner.
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 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 1-19 are directed to an abstract idea without additional elements to integrate the claims into a practical application or to amount to significantly more than the abstract idea.
Claims 1-19 are directed to a process, machine, or manufacture (Step 1), however the claims are directed to the abstract idea of customizing event based on audience characteristics.
With respect to Step 2A Prong One of the frameworks, claim 11 recites an abstract idea. Claim 11 includes limitations for “A method for customizing a movie showing, comprising: obtaining audience characteristics information for an event, comprising at least one from the following list: obtaining information from demand shaping for ticket sales and/or marketing for the event; obtaining demand identification information from tickets sold for the event, tickets sold for a related event, marketing reaction to marketing for the event; and customizing the event based on the audience characteristics information”
The limitations above recite an abstract idea under Step 2A Prong One. More particularly, the limitations above recite certain methods of organizing human activity associated with managing personal behavior or relationships or interactions between people because the claimed elements describe a process for of customizing event based on audience characteristics. As a result, claim 11 recites an abstract idea under Step 2A Prong One.
Claims 1 and 15 recite substantially similar limitations to those presented with respect to claim 11. As a result, claims 1 and 15 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claim 11. Similarly, claims 2-10, 12-13, and 16-19 recite certain methods of organizing human activity associated with managing personal behavior or relationships or interactions between people because the claimed elements describe a process for of customizing event based on audience characteristics. As a result, claims 2-10, 12-13, and 16-19 recite an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 11 does not include additional elements that integrate the abstract idea into a practical application. When considered in view of the claim as a whole, the step of “obtaining” does not integrate the abstract idea into a practical application because “obtaining” is an insignificant extra solution activity to the judicial exception. When considered in view of the claim as a whole, the recited computer elements do not integrate the abstract idea into a practical application because the computer elements are generic computer elements that are merely used as a tool to perform the recited abstract idea. As set forth in the 2019 Eligibility Guidance, 84 Fed. Reg. at 55 “merely include[ing] instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application. Therefore, the claim is directed to an abstract idea.
As a result, claim 11 does not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
As noted above, claims 1 and 15 recite substantially similar limitations to those recited with respect to claim 11. Although claim 15 further recites “A non-transitory computer-readable instructions”, when considered in view of the claim as a whole, the recited computer elements do not integrate the abstract idea into a practical application because the computer elements are generic computer elements that are merely used as a tool to perform the recited abstract idea. As a result, claims 1 and 15 do not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 2-10, 12-13, and 16-19 do not include any additional elements beyond those recited by independent claims 1, 11, and 15. As a result, claims 2-10, 12-13, and 16-19 do not include additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 11 includes additional elements that do not recite an abstract idea. The step of “obtaining” does not amount to significantly more than the abstract idea because “obtaining” is well-understood, routine, and conventional computer function in view of MPEP 2106.05(d)(ll). The recited computer elements do not amount to significantly more than the abstract idea because the computer elements are generic computer elements that are merely used as a tool to perform the recited abstract idea. As a result, claim 11 does not include additional elements that amount to significantly more than the abstract idea under Step 2B.
As noted above, claims 1 and 15 recite substantially similar limitations to those recited with respect to claim 11. Although claim 15 further recites “A non-transitory computer-readable instructions”, the recited computer elements do not amount to significantly more than the abstract idea because the computer elements are generic computer elements that are merely used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claims 1 and 15 do not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Claims 2-10, 12-13, and 16-19 do not include any additional elements beyond those recited by independent claims 1, 11, and 15. As a result, claims 2-10, 12-13, and 16-19 do not include additional elements that amount to significantly more than the abstract idea under Step 2B.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1-19 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 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 1-19 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Brenden et al. (US 9100629 B1).
Regarding claim 1. Brenden teaches A method, comprising: obtaining audience characteristics information for an event; [Brenden, column 18 lines 8-11, Brenden teaches “According to some embodiments, the content provider (i.e., provider of a particular game) is running an active promotion or has requested targeting of a certain audience, then such preferences are noted in account database 274” wherein audience preference is equivalent to audience characteristics] and customizing the event based on the audience characteristics information [Brenden, column 10 line 65- column 11 line 3, Brenden teaches “the exhibitor enters a start time of each pre-show and each feature presentation, identifies the feature presentation by title, and enters any custom filter settings to be used in arranging and presenting interactive preshow sessions according to illustrative embodiments herein described” wherein customizing the event based on the audience characteristics].
Regarding claim 2. wherein audience characteristics information comprises at least one from the following list: for at least one member of the audience, media content preferences associated with the member; for at least one member of the audience, media consumption history associated with the member; and for at least one member of the audience, demographics information associated with the member [Brenden, column 38 lines 6-10, Brenden teaches “At step 1624, a statistically representative sample of a relevant population, reflecting, for example, a projected socio-demographic composition of an audience, is selected by reference to a centrally stored user profile corresponding to each user” wherein audience demographics information].
Regarding claim 3 wherein obtaining audience characteristics information for an event comprises at least one from the following list: obtaining information that a member of the audience provided to an electronic device or electronic system; obtaining information that a friend or associate of a member of the audience provided to an electronic device or electronic system; obtaining information from a third party about online behavior of a member of the audience; obtaining information from a third party about a member of the audience; obtaining information from demand shaping for ticket sales and/or marketing for the event; and obtaining demand identification information from tickets sold for the event, tickets sold for a related event, and/or marketing response to marketing for the event [Brenden, column 23 lines 5-8, Brenden teaches “The process proceeds to step 910 and determines whether the user of the mobile terminal wishes to utilize the client application to execute a ticket purchase transaction” wherein obtaining information that a member of the audience provided to an electronic device].
Regarding claim 4. wherein demand shaping for ticket sales and/or marketing for the event comprises at least one from the following list: directed marketing for the event; and marketing characteristics for the event [Brenden, column 25 lines 6-10, Brenden teaches “for example, can gather statistics on the socio-demographic composition of the audience exposed to prior pre-show events and then make a selection for a current game session based on a current tickets sold count and predicted audience profile” wherein a current tickets sold count is equivalent to marketing characteristics for the event].
Regarding claim 5. wherein directed marketing comprises at least one from the following list: marketing on a specific medium; marketing at a specific physical location; marketing at a specific virtual location; marketing that targets individuals having one or more specific features; marketing that targets classes of individuals having one or more specific features; and multiple ticket bundling [Brenden, column 25 lines 6-10, Brenden teaches “for example, can gather statistics on the socio-demographic composition of the audience exposed to prior pre-show events and then make a selection for a current game session based on a current tickets sold count and predicted audience profile” wherein a selection for a current game session based on a current tickets sold count and predicted audience profile is equivalent to marketing that targets classes of individuals having one or more specific features (profile)].
Regarding claim 6. wherein demand identification information comprises information based on at least one from the following list: characteristics of at least one ticket purchaser for the event; circumstances of at least one ticket purchase for the event; and information about purchases of multiple tickets [Brenden, column 25 lines 6-10, Brenden teaches “for example, can gather statistics on the socio-demographic composition of the audience exposed to prior pre-show events and then make a selection for a current game session based on a current tickets sold count and predicted audience profile” wherein a current tickets sold count is equivalent to information about purchases of multiple tickets]
Regarding claim 7. wherein circumstances of at least one ticket purchase for the event comprises information about at least one from the following list: a specific online platform associated with the at least one ticket purchase for the event; and a specific advertisement associated with the at least one ticket purchase for the event [Brenden, column 23 lines 5-8, Brenden teaches “The process proceeds to step 910 and determines whether the user of the mobile terminal wishes to utilize the client application to execute a ticket purchase transaction” wherein mobile terminal wishes to utilize the client application to execute a ticket purchase transaction is equivalent to a specific online platform associated with the at least one ticket purchase for the event].
Regarding claim 8. wherein: the event is a movie showing in a theater; [Brenden, field of invention, Brenden teaches “providing an interactive experience to audiences in a multiple viewer presentation environment such as a movie theater or cinema”] and customizing the event based on the audience characteristics information comprises at least one from the following list: customizing a trailer presented in conjunction with the movie showing; customizing marketing presented in conjunction with the movie showing; customizing concessions; customizing merchandise; and customizing content in the movie showing [Brenden, column 1 lines 30-36, Brenden teaches “Another form of advertising, called "rolling stock", is presented when the lights have been lowered and most of the moviegoers are seated during the pre-feature period. Rolling stock may include such advertising content as trailers for other movies currently featured in the same theater, as well as trailers for upcoming movies from the same studio” wherein customizing a trailer presented in conjunction with the movie showing].
Regarding claim 9. wherein customizing content in the movie showing may comprise product placement [Brenden, column 7 lines 8-10, Brenden teaches “or to a promotion of a product or service being offered to the audience as a whole or targeted at socio-demographic groups represented by the audience” wherein product placement].
Regarding claim 10. wherein customizing content in the movie showing may comprise removal of objectionable content [Brenden, column 20 lines 52-56, Brenden teaches “specifying a game complexity level, the insertion or removal of obstructions to a path navigated in the game by all participants (e.g., in a racing or virtual world game), the choice of a "boss` to be defeated during a given level” wherein removal of objectionable content].
Regarding claim 11. Brenden teaches A method for customizing a movie showing, comprising: obtaining audience characteristics information for an event, [Brenden, column 18 lines 8-11, Brenden teaches “According to some embodiments, the content provider (i.e., provider of a particular game) is running an active promotion or has requested targeting of a certain audience, then such preferences are noted in account database 274” wherein audience preference is equivalent to audience characteristics] comprising at least one from the following list: obtaining information from demand shaping for ticket sales and/or marketing for the event; obtaining demand identification information from tickets sold for the event, tickets sold for a related event, marketing reaction to marketing for the event; [Brenden, column 23 lines 5-8, Brenden teaches “The process proceeds to step 910 and determines whether the user of the mobile terminal wishes to utilize the client application to execute a ticket purchase transaction” wherein utilize the client application to execute a ticket purchase transaction is equivalent to demand shaping for ticket sales] and customizing the event based on the audience characteristics information [Brenden, column 10 line 65- column 11 line 3, Brenden teaches “the exhibitor enters a start time of each pre-show and each feature presentation, identifies the feature presentation by title, and enters any custom filter settings to be used in arranging and presenting interactive preshow sessions according to illustrative embodiments herein described” wherein customizing the event based on the audience characteristics].
Regarding claims 12-14, claims 12-14 recite substantially similar limitations as claim 4, 6, and 8 respectively; therefore, claims 12-14 are rejected with the same rationale, reasoning, and motivation provided above for claims 4, 6, and 8, respectively. Claims 4, 6, and 8 are method claims while claims 12-14 are directed to a system which is anticipated by Brenden claim 14.
Regarding claim 15, the claim recites analogous limitations to claim 11 above, and is therefore rejected on the same premise. Claim 11 is a method claim while claim 15 is directed to a system which is anticipated by Brenden claim 14.
Regarding claim 16. wherein customizing the event based on the audience characteristics information comprises recommending to or automatically customizing a trailer associated with the movie showing [Brenden, column 1 lines 30-36, Brenden teaches “Another form of advertising, called "rolling stock", is presented when the lights have been lowered and most of the moviegoers are seated during the pre-feature period. Rolling stock may include such advertising content as trailers for other movies currently featured in the same theater, as well as trailers for upcoming movies from the same studio” wherein customizing a trailer associated with the movie showing].
Regarding claim 17. wherein recommending to or automatically customizing a trailer associated with the movie showing comprises automatically customizing a trailer associated with the movie showing [Brenden, column 1 lines 30-36, Brenden teaches “Another form of advertising, called "rolling stock", is presented when the lights have been lowered and most of the moviegoers are seated during the pre-feature period. Rolling stock may include such advertising content as trailers for other movies currently featured in the same theater, as well as trailers for upcoming movies from the same studio” wherein customizing a trailer associated with the movie showing].
Regarding claim 18. wherein customizing the event based on the audience characteristics information comprises recommending to or automatically customizing content in the movie showing [Brenden, summary, Brenden teaches “Computer implemented methods are described for presenting interactive content, to members of an audience having visible access to a common display screen, as part of a pre-show that precedes presentation of featured display content” wherein customizing content in the movie showing].
Regarding claim 19. wherein recommending to or automatically customizing content in the movie showing comprises automatically customizing content in the movie showing [Brenden, summary, Brenden teaches “Computer implemented methods are described for presenting interactive content, to members of an audience having visible access to a common display screen, as part of a pre-show that precedes presentation of featured display content” wherein customizing content in the movie showing].
Conclusion
Any inquiry concerning this communication from the examiner should be directed to Abdallah El-Hagehassan whose contact information is (571) 272-0819 and Abdallah.el-hagehassan@uspto.gov The examiner can normally be reached on Monday- Friday 8 am to 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao Wu can be reached on (571) 272-6045. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-3734.
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/ABDALLAH A EL-HAGE HASSAN/
Primary Examiner, Art Unit 3623