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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/18/2026 has been entered.
Response to Amendment
Claim 9 is canceled.
Claims 1, 10-11, and 15 are currently amended.
Claims 1-8 and 10-15 are currently pending and addressed below.
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 1-8 and 10-15 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-8 and 10-15 is/are directed towards a statutory category (i.e., a process, machine, manufacture, or composition of matter) (Step 1, Yes).
Step 2A Prong One:
Claim 1 recites (additional elements underlined):
An electronic apparatus comprising:
a communication device configured to communicate with an external apparatus;
a display;
a memory; and
at least one processor is configured to:
control the communication device to obtain a first advertisement content,
control the communication device to transmit information on exposure time of the obtained first advertisement content and identification information corresponding to the obtained first advertisement content to a server,
based on receiving advertisement information related to the obtained first advertisement content, control the communication device to obtain a second advertisement content based on the received advertisement information,
based on an image corresponding to a selectable content being provided, control the communication device to transmit identification information and exposure time information of each advertisement content included in an image including the obtained first advertisement content to the server,
control the communication device to obtain updated advertisement content based on the transmitted identification information and exposure time information,
obtain the updated advertisement content while the image corresponding to the selectable content is being displayed on the display; and
based on receiving a command to obtain a home screen from the display of the image corresponding to the selectable content, control the display to display the home screen including the updated advertisement content.
The limitations outlined above describe or set forth an advertising/marketing activity. Advertising/marketing fall within the certain method of organizing human activity enumerated grouping of abstract ideas. The limitations outlined above also describe or set forth a fundamental economic principle or practice because advertising/marketing is related to commerce and economy. The limitations outlined above also describe a commercial interaction (e.g., advertising, marketing or sales activities or behaviors, business relations), and managing personal behavior or relationships or interactions between people (e.g., social activities, teaching, and following rules or instructions). Therefore, the claim recites a certain method of organizing human activity (Step 2A Prong One, Yes).
Step 2A Prong Two:
In Step 2A Prong Two, the additional element(s) outlined above are recited at a high level of generality, and under the broadest reasonable interpretation, are generic computer(s) and/or generic computer component(s) that perform generic computer functions. The additional element(s) are merely used as tools, in their ordinary capacity, to perform the abstract idea. The additional element(s) amount adding the words “apply it” with the judicial exception. Merely implementing an abstract idea on generic computer(s) and/or generic computer component(s) does not integrate the judicial exception similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer. The Examiner notes that “the use of generic computer elements like a microprocessor or user interface do not alone transform an otherwise abstract idea into patent eligible subject matter" (see pp 10-11 of FairWarning IP, LLC. v. Iatric Systems, Inc. (Fed. Cir. 2016)). The additional elements also amount to generally linking the use of the abstract idea to a particular technological environment or field of use (e.g., in a computer environment). The courts have found that simply limiting the use of the abstract idea to a particular environment does not integrate the judicial exception into a practical application. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. There is no indication that the combination of elements improves the functioning of a computer, improves any other technology or technical field, applies or uses the judicial exception to effect a particular treatment or prophylaxis for disease or medical condition, applies the judicial exception with, or by use of a particular machine, effects a transformation or reduction of a particular article to a different state or thing, or applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claims as a whole is more than a drafting effort designed to monopolize the exception. Their collective functions merely provide generic computer implementation (Step 2A Prong Two, No).
Step 2B:
In Step 2B, the additional elements also do not amount to significantly more for the same reasons set forth with respect to Step 2A Prong Two. The Examiner notes that revised Step 2A Prong Two overlaps with Step 2B, and thus, many of the considerations need not be reevaluated in Step 2B because the answer will be the same. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. Their collective functions merely provide generic computer implementation (Step 2B, No).
Claims 2-8 and 10 recite further limitations that also fall within the same abstract ideas identified above with respect to claim 1 (i.e., certain methods of organizing human activities).
Claim 2 recites the additional elements of “wherein the at least one processor is configured to control the display to”, and “on the display”. Claim 3 recites the additional elements of “the at least one processor is configured to”, “of a cursor on the display”, “the cursor”, and “on the display”. Claim 4 recites the additional elements of “video”, “the at least one processor is configured to”, “cursor”, and “on the display”. Claim 5 recites the additional elements of “the at least one processor is configured to”, “video”, “screen”, and “display”. Claim 8 recites the additional elements of “wherein the at least one processor is configured to”, “control the communication device to”, and “control the display to”. Claim 10 recites the additional elements of “wherein the image … is a home screen previously output on the display”, and “inside the previously output home screen”. However, these additional elements also do not integrate the judicial exception into a practical application or amount to significantly more because they amount to adding the words “apply it” with the judicial exception, mere instructions to implement the idea on a computer, merely using a computer as a tool to perform an abstract idea, and generally linking the use of the judicial exception to a particular technological environment or field of use.
Claims 6-7 do not recite any other additional elements. Therefore, for the same reasons explained above with respect to claim 1, claims 6-7 also do not integrate the judicial exception into a practical application or amount to significantly more.
Claim 11 recites (additional elements underlined):
A method of controlling an electronic apparatus including a communication device configured to communicate with an external apparatus, and a display, the method comprising:
obtaining information on exposure time of a first advertisement content output on the display;
transmitting identification information corresponding to the first advertisement content to a server through the communication device;
obtaining advertisement information related to the first advertisement content through the communication device;
obtaining a second advertisement content based on the obtained advertisement information through the communication device,
wherein the obtaining the second advertisement content comprises:
based on an image corresponding to a selectable content being provided, transmitting identification information and exposure time information of each advertisement content included in an image including the obtained first advertisement content to the server,
obtaining updated advertisement content based on the transmitted identification information and exposure time information;
obtaining the updated advertisement content while the image corresponding to the selectable content is being displayed on the display; and
based on receiving a command to obtain a home screen from the display of the image corresponding to the selectable content, control the display to display the home screen in including the updated advertisement content.
For the same reasons explained above with respect to claim 1, claim 11 also recites an abstract idea in Step 2A Prong One (i.e., certain methods of organizing human activities). For the same reasons explained above with respect to claim 1, claim 11 also does not integrate the judicial exception into a practical application or amount to significantly more.
Claims 12-14 recite further limitations that also fall within the same abstract ideas identified above with respect to claim 11 (i.e., certain methods of organizing human activities).
Claim 12 recites the additional element of “on the display”. Claim 13 recites the additional elements of “of a cursor on the display,” “cursor,” and “on the display”. Claim 14 recites the additional elements of “video”, “a cursor on the display”, and “on the display”. However, these additional elements also do not integrate the judicial exception into a practical application or amount to significantly more because they amount to adding the words “apply it” with the judicial exception, mere instructions to implement the idea on a computer, merely using a computer as a tool to perform an abstract idea, and generally linking the use of the judicial exception to a particular technological environment or field of use.
Claim 15 recites (additional elements underlined):
A non-transitory computer-readable recording medium storing a program for executing a controlling method of an electronic apparatus including a communication device configured to communicate with an external apparatus, and a display, the method comprising:
obtaining information on exposure time of a first advertisement content output on the display;
transmitting identification information corresponding to the first advertisement content to a server through the communication device;
obtaining advertisement information related to the first advertisement content through the communication device; and
obtaining a second advertisement content based on the obtained advertisement information through the communication device,
wherein the obtaining the second advertisement content comprises:
based on an image corresponding to a selectable content being provided, transmitting identification information and exposure time information of each advertisement content included in an image including the obtained first advertisement content to the server,
obtaining updated advertisement content based on the transmitted identification information and exposure time information;
obtaining the updated advertisement content while the image corresponding to the selectable content is being displayed on the display; and
based on receiving a command to obtain a home screen from the display of the image corresponding to the selectable content, control the display to display the home screen including the updated advertisement content.
For the same reasons explained above with respect to claim 1, claim 15 also recites an abstract idea in Step 2A Prong One (i.e., certain methods of organizing human activities). For the same reasons explained above with respect to claim 1, claim 15 also does not integrate the judicial exception into a practical application or amount to significantly more.
Prior Art
The Examiner notes that after a thorough search on the claims as currently amended, the claims are found to recite novel and non-obvious subject matter. The closest prior art found to date are the following:
Compain et al. (US 2014/0181634 A1) discloses the concept of transmitting feedback data regarding an affirmative act performed by the user from which an inference can be made relating to the one or more displayed advertisements.
Belvin et al. (US 2012/0016733 A1) discloses the concept of transmitting information on exposure time and identification information of obtained advertisements.
Morita et al. (US 2015/0248204 A1) discloses the concept of transitioning from a game screen to a home screen, and providing updated content on the home screen (see ¶ 154).
Nicholas et al. (US 2006/0026067 A1) discloses the concept of determining an interest level of a user based on an amount of time the user interacts with an interactive advertisement, or the time the user’s mouse was over the advertisement.
Yi (US 2019/0034960 A1) discloses obtaining exposure time information based on a weight corresponding to at least one of a selection command for the obtained first advertisement content, video reproduction time of the obtained first advertisement content, screen size of the obtained first advertisement content, or a display location of the obtained first advertisement content.
Zhang et al. (US 2024/0296483 A1) discloses providing address information of advertisements to electronic devices.
Mougenot et al. (US 2015/0324854 A1) discloses the storing of updated advertisement content in memory of an electronic apparatus, and displaying advertisements on a home screen.
While the prior art teach some of the elements of the claimed invention, they do not appear to explicitly teach the following claim limitations when viewing the claimed invention as a whole: “obtain the updated advertisement content while the image corresponding to the selectable content is being displayed on the display; and based on receiving a command to obtain a home screen from the display of the image corresponding to the selectable content, control the display to display the home screen including the updated advertisement content” as recited in claims 1, 10, and 15.
The closest prior art to teach these limitations is Morita which teaches in ¶ 154 “In case that a transition from the game screen 50 to the home screen 10 is made by the PS button 236 during the play back of content [i.e., receiving a command to obtain a home screen from the display of the image corresponding to the selectable content], the content playback unit 268 or the game screen display unit 274 notifies the home screen display unit 272 of information indicating content of which the playback is to be continued in the background (a game ID or the like). The common menu display unit 280 in the home screen display unit 272 specifies a game title and a thumbnail on the basis of the notified information and displays an item on playback 64 (i.e., a "Now Playing" icon) in the system area 60 in the home screen 10 [i.e., control the display to display the home screen including updated content: “Now playing” icon]. If the cross button 226 is pressed in a state where an item on playback 64 is focused on in the home screen 10, the screen transition control unit 264 allows a transition from the home screen 10 to the game screen 50. The game screen display unit 274 displays the latest game screen 50 that has been stored in the screen data storing unit 256.” However, the updated content as taught by Morita is not updated advertisement content, but merely in indication of a game that the user is currently playing (see Fig. 6). Additionally, one of ordinary skill in the art would not have arrived at Applicant’s claimed invention unless one was using Applicant’s claims and specification as a roadmap, thus using impermissible hindsight. Therefore, the claims recite novel and non-obvious subject matter.
Response to Arguments
Applicant's arguments filed 08/18/2026 have been fully considered but they are not persuasive. In the Remarks, Applicant argues:
Argument: “The claimed technology provides a technical solution by improving the quality of advertisement content displayed on an electronic apparatus. The described embodiments allows the apparatus to generate advertisement selections that are adjusted according to user exposure time information, thereby improving the user experience. Applicant respectfully submits that the claimed subject matter amounts to an improvement in the technology or technical field of exposure time and content selection for an electronic apparatus including a communication device, a display; a memory; and at least one processor. One of ordinary skill in the art would recognize the claimed invention as providing an improvement. "An indication that the claimed invention provides an improvement can include a discussion in the specification that identifies a technical problem and explains the details of an unconventional technical solution expressed in the claim, or identifies technical improvements realized by the claim over the prior art." (MPEP § 2015.05(a)). Applicant's specification explains (emphasis added).”
In response, the Examiner respectfully disagrees. Improving the quality of advertisement content displayed is an improvement that is entirely in the realm of the abstract idea (i.e., improvements to advertising/marketing). Additionally, ¶¶ 97-98, 100, 212-213, 221, and 280 of the specification do not provide technical improvements, but improvements that fall within the abstract idea. “It is important to note, the judicial exception alone cannot provide the improvement” (MPEP 2106.05(a)). Similar to the claimed invention in SAP America, the advance here lies entirely in the realm of the abstract idea, with no plausibly alleged innovation in the non-abstract application realm.
Unlike in DDR in which the claimed invention solved the business challenge of retaining website visitors that is particular to the Internet, here the claimed invention amounts to merely reciting the performance of a business practice along with the requirement to perform it on the Internet. The claimed invention here is not necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks.
Argument: “Not only do the claims reflect the improvement disclosed in the specification (above), but the claims cover a particular solution to a problem and a particular way to achieve the desired outcome. That is, the claims allow exposure of personal information to be minimized and allow the selection of advertisements for the user may be improved.”
In response, the Examiner respectfully disagrees. Minimizing the exposure of personal information, and allowing selection of advertisements, are improvements that fall within the abstract idea (i.e., improvements to advertising/marketing). “In addition, a specific way of achieving a result is not a stand-alone consideration in Step 2A Prong Two” (MPEP 2106.04(d)(I)). The additional elements are recited at a high level of generality, and are merely used as tools, in their ordinary capacity, to perform the abstract idea. “Use of a computer or other machinery in its ordinary capacity for economic or other task (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more” (MPEP 2106.05(f)(2)).
Therefore, the claims as currently amended still do not integrate the judicial exception into a practical application or amount to significantly more.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bhogal et al. (US 2016/0247180 A1) discloses a system and method for verifying a user’s exposure to advertisements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAM REFAI whose telephone number is (313)446-4822. The examiner can normally be reached M-F 9:00am-6:00pm.
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/SAM REFAI/Primary Examiner, Art Unit 3621
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