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
This Office action is in response to the Amendment filed on 04/16/2026.
Claims 1-2, 8-11, and 15 are currently amended.
Claims 1-15 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 1-15 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-51 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, and
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.
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 2-10 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 9 recites the additional elements of “the at least one processor is configured to” and “in the memory”. Claim 10 recites the additional elements of “is a home screen output on the display”, and “inside the 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.
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.
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.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 11, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Compain et al. (US 2014/0181634 A1, hereinafter “Compain”) in view of Belvin et al. (US 2012/0016733 A1, hereinafter “Belvin”).
As per Claim 1, Compain discloses An electronic apparatus comprising (¶ 25 “A user device 106 is an electronic device that is under the control of a user and is capable of requesting and receiving resources over the network 102.” Also see at least ¶ 84 and Figure 5.):
a communication device configured to communicate with an external apparatus (¶ 25 “A user device 106 is an electronic device that is under the control of a user and is capable of requesting and receiving resources over the network 102. Example user devices 106 include personal computers, mobile communication devices, and other devices that can send and receive data over the network 102. A user device 106 typically includes a user application, such as a web browser, to facilitate the sending and receiving of data over the network 102. The web browser can enable a user to display and interact with text, images, videos, music and other information typically located on a web page at a website on the world wide web or a local area network.” Also see at least Figure 5.);
a display (¶¶ 25 and 80. Also see at least Figure 5);
a memory (¶ 80 “ Computing device 550 includes a processor 552, memory 564, an input/output device such as a display 554, a communication interface 566, and a transceiver 568, among other components. “ Also see at least Figure 5.); and
at least one processor is configured to (¶ 80 “ Computing device 550 includes a processor 552, memory 564, an input/output device such as a display 554, a communication interface 566, and a transceiver 568, among other components. “ Also see at least Figure 5.):
control the communication device to obtain a first advertisement content (¶ 7 “receiving from the server system one or more replacement content items that were selected based at least in part on the transmitted feedback, and updating the displayed presentation page to replace one or more of the displayed content items with the received one or more replacement content items.” ¶ 20 “content items (e.g., advertisements displayed in a webpage)”. ¶ 38 “the presentation page 205, e.g., a webpage rendered by a browser application executing on the client device 210, includes not only content provided by the presentation page's publisher 220, but also includes an inventory of content spaces (labeled A, B, C, D, E in FIG. 2) in which ads or other content items can be displayed. Typically, the ads to be displayed in the spaces A-E are received from a content server 225 (e.g., an advertising server) and are rendered by the browser application in the respective spaces A-E.” ¶ 70 “FIG. 4B is a flowchart of an example process 430 performed by a client device to facilitate selectively replacing content items in a presentation page displayed at a client device. The process 430 operates in a context in which the user is aware of, and has consented to, the use of user interaction feedback to facilitate selective replacement of content items. At 435, a presentation page comprising a plurality of content items (e.g., a dynamic webpage composed of content including one or more ads that are individually and independently replaceable) is displayed to a user.” Also see at least Figure 4B.),
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 (¶ 47 “Alternatively, depending on context and circumstances, an affirmative act by a user of "mousing over" a content item without clicking on it (or taking other predetermined action) may indicate a level of interest in the content item. In that case, a determination may be made either not to replace the content item in question or replace it with a complementary content item, e.g., one related to the same general subject matter or topic.” ¶ 71 “At 440, the process 430 detects an affirmative act performed by the user from which an inference can be made relating to one or more of the displayed content items.” ¶ 72 “At 445, the process 430 transmits feedback corresponding to the detected affirmative user action to a server system (comprised, e.g., of an analytics engine, a replacement logic engine and a content item server) at which, for example, content replacement decisions (e.g., whether to replace and, if so, with what it should be replace) may be made. At 450, the process 430 receives from the server system one or more replacement content items that were selected based at least in part on the transmitted feedback. Lastly, at 455 the process 430 updates the displayed presentation page (e.g., without affecting other content on the page) to replace one or more of the displayed content items with the received one or more replacement content items.” Also see at least Figure 4B. The client device in Compain transmits the feedback data which is related to the obtained first advertisement content, and the server provides the client device with a second advertisement content based on the received feedback data.), and
control the communication device to obtain updated advertisement content (¶¶ 3 “based on a result of the determining, selectively identifying one or more replacement content items and transmitting the one or more identified replacement content items to the client device for display in the presentation page in place of one or more of the plurality of content items.” Also see at least ¶ 7. ).
While Compain discloses the transmitting of 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, Compain does not appear to explicitly disclose 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.
However, Belvin teaches 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 (¶ 19 “a consumer accesses electronic content from a content delivery channel 110, the consumer may be presented with one or more advertisements 105 with the accessed content. For each advertisement containing a script as described herein, the presentation of the advertisement to a consumer results in the sending of a presentation message from the computing device 120 to the monitoring system 100. The presentation message contains information that reflects the identity of the presented advertisement [i.e., transmitting the identification information corresponding to the obtained first advertisement content to a server], the identity of the computing device (if available) on which the advertisement was presented, and indicia reflecting the physical location of the computing device. If the consumer also expresses an interest in an advertisement, such as by hovering over or selecting the advertisement, the presentation message also contains an indication that the consumer expressed such an interest in the advertisement [i.e., user interests is expressed by a user hovering over an advertisement].” ¶ 20 “By receiving the presentation messages, the monitoring system 100 builds and maintains a record of electronic advertisements that have been presented to consumers. ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625. [i.e., providing information on exposure time of the obtained first advertisement]” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine 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 as taught by Belvin, into Compain. One of ordinary skill in the art would have been motivated to do so for the advantages of determining if a consumer expressed an interested in a particular advertisement (Belvin, ¶ 15), enabling the system to better targeted advertising content to consumers (Belvin, ¶¶ 21-22 and 24), and enabling the system to track advertisements presented to consumers (Belvin, ¶ 17). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While Compain discloses the transmitting of 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, Compain does not appear to explicitly disclose 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.
However, Belvin teaches 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 (Figures 3 and 6A. Also see at least ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625.” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100. Also see at least ¶¶ 19-20.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine 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 as taught by Belvin, into Compain. One of ordinary skill in the art would have been motivated to do so for the advantages of enabling the system to determine if a consumer expressed an interested in a particular advertisement (Belvin, ¶ 15), enabling the system to better targeted advertising content to consumers (Belvin, ¶¶ 21-22 and 24), and enabling the system to track advertisements presented to consumers (Belvin, ¶ 17). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 11, Compain discloses A method of controlling an electronic apparatus including a communication device configured to communicate with an external apparatus, and a display, the method comprising (¶ 3 “In general, one aspect of the subject matter described in this specification may be embodied in systems, methods performed by data processing apparatus and non-transitory computer storage media encoded with computer programs”. Also see at least ¶¶ 25 and 80 and Figure 5.):
obtaining advertisement information related to the first advertisement content through the communication device (¶ 47 “Alternatively, depending on context and circumstances, an affirmative act by a user of "mousing over" a content item without clicking on it (or taking other predetermined action) may indicate a level of interest in the content item. In that case, a determination may be made either not to replace the content item in question or replace it with a complementary content item, e.g., one related to the same general subject matter or topic.” ¶ 71 “At 440, the process 430 detects an affirmative act performed by the user from which an inference can be made relating to one or more of the displayed content items.” ¶ 72 “At 445, the process 430 transmits feedback corresponding to the detected affirmative user action to a server system (comprised, e.g., of an analytics engine, a replacement logic engine and a content item server) at which, for example, content replacement decisions (e.g., whether to replace and, if so, with what it should be replace) may be made. At 450, the process 430 receives from the server system one or more replacement content items that were selected based at least in part on the transmitted feedback. Lastly, at 455 the process 430 updates the displayed presentation page (e.g., without affecting other content on the page) to replace one or more of the displayed content items with the received one or more replacement content items.” Also see at least Figure 4B. The client device in Compain transmits the feedback data which is related to the obtained first advertisement content, and the server provides the client device with a second advertisement content based on the received feedback data.);
obtaining a second advertisement content based on the obtained advertisement information through the communication device (¶ 47 “Alternatively, depending on context and circumstances, an affirmative act by a user of "mousing over" a content item without clicking on it (or taking other predetermined action) may indicate a level of interest in the content item. In that case, a determination may be made either not to replace the content item in question or replace it with a complementary content item, e.g., one related to the same general subject matter or topic.” ¶ 71 “At 440, the process 430 detects an affirmative act performed by the user from which an inference can be made relating to one or more of the displayed content items.” ¶ 72 “At 445, the process 430 transmits feedback corresponding to the detected affirmative user action to a server system (comprised, e.g., of an analytics engine, a replacement logic engine and a content item server) at which, for example, content replacement decisions (e.g., whether to replace and, if so, with what it should be replace) may be made. At 450, the process 430 receives from the server system one or more replacement content items that were selected based at least in part on the transmitted feedback. Lastly, at 455 the process 430 updates the displayed presentation page (e.g., without affecting other content on the page) to replace one or more of the displayed content items with the received one or more replacement content items.” Also see at least Figure 4B. The client device in Compain transmits the feedback data which is related to the obtained first advertisement content, and the server provides the client device with a second advertisement content based on the received feedback data.),
wherein the obtaining the second advertisement content comprises (¶¶ 3 “based on a result of the determining, selectively identifying one or more replacement content items and transmitting the one or more identified replacement content items to the client device for display in the presentation page in place of one or more of the plurality of content items.” Also see at least ¶ 7. ):
obtaining updated advertisement content (¶¶ 3 “based on a result of the determining, selectively identifying one or more replacement content items and transmitting the one or more identified replacement content items to the client device for display in the presentation page in place of one or more of the plurality of content items.” Also see at least ¶ 7. ).
While Compain discloses the transmitting of 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, Compain does not appear to explicitly disclose obtaining information on exposure time of a first advertisement content output on the display; and transmitting identification information corresponding to the first advertisement content to a server through the communication device.
However, Belvin teaches the limitations: obtaining information on exposure time of a first advertisement content output on the display; and transmitting identification information corresponding to the first advertisement content to a server through the communication device (¶ 19 “a consumer accesses electronic content from a content delivery channel 110, the consumer may be presented with one or more advertisements 105 with the accessed content. For each advertisement containing a script as described herein, the presentation of the advertisement to a consumer results in the sending of a presentation message from the computing device 120 to the monitoring system 100. The presentation message contains information that reflects the identity of the presented advertisement [i.e., providing the identification information corresponding to the obtained first advertisement content to a server], the identity of the computing device (if available) on which the advertisement was presented, and indicia reflecting the physical location of the computing device. If the consumer also expresses an interest in an advertisement, such as by hovering over or selecting the advertisement, the presentation message also contains an indication that the consumer expressed such an interest in the advertisement [i.e., user interests is expressed by a user hovering over an advertisement].” ¶ 20 “By receiving the presentation messages, the monitoring system 100 builds and maintains a record of electronic advertisements that have been presented to consumers. ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625. [i.e., providing information on exposure time of the obtained first advertisement]” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine obtaining information on exposure time of a first advertisement content output on the display; and transmitting identification information corresponding to the first advertisement content to a server through the communication device as taught by Belvin, into Compain. One of ordinary skill in the art would have been motivated to do so for the advantages of determining if a consumer expressed an interested in a particular advertisement (Belvin, ¶ 15), enabling the system to better targeted advertising content to consumers (Belvin, ¶¶ 21-22 and 24), and enabling the system to track advertisements presented to consumers (Belvin, ¶ 17). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While Compain discloses the transmitting of 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, Compain does not appear to explicitly disclose 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.
However, Belvin teaches 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 (Figures 3 and 6A. Also see at least ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625.” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100. Also see at least ¶¶ 19-20.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine 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 as taught by Belvin, into Compain. One of ordinary skill in the art would have been motivated to do so for the advantages of enabling the system to determine if a consumer expressed an interested in a particular advertisement (Belvin, ¶ 15), enabling the system to better targeted advertising content to consumers (Belvin, ¶¶ 21-22 and 24), and enabling the system to track advertisements presented to consumers (Belvin, ¶ 17). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 15, Compain discloses 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 (¶ 25 “A user device 106 is an electronic device that is under the control of a user and is capable of requesting and receiving resources over the network 102.” Also see at least ¶¶ 80 and 84, and Figure 5.):
obtaining advertisement information related to the first advertisement content through the communication device (¶ 7 “receiving from the server system one or more replacement content items that were selected based at least in part on the transmitted feedback, and updating the displayed presentation page to replace one or more of the displayed content items with the received one or more replacement content items.” ¶ 20 “content items (e.g., advertisements displayed in a webpage)”. ¶ 38 “the presentation page 205, e.g., a webpage rendered by a browser application executing on the client device 210, includes not only content provided by the presentation page's publisher 220, but also includes an inventory of content spaces (labeled A, B, C, D, E in FIG. 2) in which ads or other content items can be displayed. Typically, the ads to be displayed in the spaces A-E are received from a content server 225 (e.g., an advertising server) and are rendered by the browser application in the respective spaces A-E.” ¶ 70 “FIG. 4B is a flowchart of an example process 430 performed by a client device to facilitate selectively replacing content items in a presentation page displayed at a client device. The process 430 operates in a context in which the user is aware of, and has consented to, the use of user interaction feedback to facilitate selective replacement of content items. At 435, a presentation page comprising a plurality of content items (e.g., a dynamic webpage composed of content including one or more ads that are individually and independently replaceable) is displayed to a user.” Also see at least Figure 4B.); and
obtaining a second advertisement content based on the obtained advertisement information through the communication device (¶ 47 “Alternatively, depending on context and circumstances, an affirmative act by a user of "mousing over" a content item without clicking on it (or taking other predetermined action) may indicate a level of interest in the content item. In that case, a determination may be made either not to replace the content item in question or replace it with a complementary content item, e.g., one related to the same general subject matter or topic.” ¶ 71 “At 440, the process 430 detects an affirmative act performed by the user from which an inference can be made relating to one or more of the displayed content items.” ¶ 72 “At 445, the process 430 transmits feedback corresponding to the detected affirmative user action to a server system (comprised, e.g., of an analytics engine, a replacement logic engine and a content item server) at which, for example, content replacement decisions (e.g., whether to replace and, if so, with what it should be replace) may be made. At 450, the process 430 receives from the server system one or more replacement content items that were selected based at least in part on the transmitted feedback. Lastly, at 455 the process 430 updates the displayed presentation page (e.g., without affecting other content on the page) to replace one or more of the displayed content items with the received one or more replacement content items.” Also see at least Figure 4B. The client device in Compain transmits the feedback data which is related to the obtained first advertisement content, and the server provides the client device with a second advertisement content based on the received feedback data.),
wherein the obtaining the second advertisement content comprises (¶¶ 3 “based on a result of the determining, selectively identifying one or more replacement content items and transmitting the one or more identified replacement content items to the client device for display in the presentation page in place of one or more of the plurality of content items.” Also see at least ¶ 7. ):
obtaining updated advertisement content (¶¶ 3 “based on a result of the determining, selectively identifying one or more replacement content items and transmitting the one or more identified replacement content items to the client device for display in the presentation page in place of one or more of the plurality of content items.” Also see at least ¶ 7. ).
While Compain discloses the transmitting of 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, Compain does not appear to explicitly disclose obtaining information on exposure time of a first advertisement content output on the display; and transmitting identification information corresponding to the first advertisement content to a server through the communication device.
However, Belvin teaches obtaining information on exposure time of a first advertisement content output on the display; and transmitting identification information corresponding to the first advertisement content to a server through the communication device (¶ 19 “a consumer accesses electronic content from a content delivery channel 110, the consumer may be presented with one or more advertisements 105 with the accessed content. For each advertisement containing a script as described herein, the presentation of the advertisement to a consumer results in the sending of a presentation message from the computing device 120 to the monitoring system 100. The presentation message contains information that reflects the identity of the presented advertisement [i.e., transmitting the identification information corresponding to the obtained first advertisement content to a server], the identity of the computing device (if available) on which the advertisement was presented, and indicia reflecting the physical location of the computing device. If the consumer also expresses an interest in an advertisement, such as by hovering over or selecting the advertisement, the presentation message also contains an indication that the consumer expressed such an interest in the advertisement [i.e., user interests is expressed by a user hovering over an advertisement].” ¶ 20 “By receiving the presentation messages, the monitoring system 100 builds and maintains a record of electronic advertisements that have been presented to consumers. ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625. [i.e., providing information on exposure time of the obtained first advertisement]” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine obtaining information on exposure time of a first advertisement content output on the display and transmitting identification information corresponding to the first advertisement content to a server through the communication device as taught by Belvin, into Compain. One of ordinary skill in the art would have been motivated to do so for the advantages of determining if a consumer expressed an interested in a particular advertisement (Belvin, ¶ 15), enabling the system to better targeted advertising content to consumers (Belvin, ¶¶ 21-22 and 24), and enabling the system to track advertisements presented to consumers (Belvin, ¶ 17). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While Compain discloses the transmitting of 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, Compain does not appear to explicitly disclose 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.
However, Belvin teaches 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 (Figures 3 and 6A. Also see at least ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625.” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100. Also see at least ¶¶ 19-20.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine 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 as taught by Belvin, into Compain. One of ordinary skill in the art would have been motivated to do so for the advantages of enabling the system to determine if a consumer expressed an interested in a particular advertisement (Belvin, ¶ 15), enabling the system to better targeted advertising content to consumers (Belvin, ¶¶ 21-22 and 24), and enabling the system to track advertisements presented to consumers (Belvin, ¶ 17). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
Claim(s) 2-4 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Compain in view of Belvin, in further view of Nicholas et al. (US 2006/0026067 A1, hereinafter “Nicholas”).
As per Claim 2, Compain disclose further comprising:
wherein the at least one processor is configured to control the display to output the obtained first advertisement content (¶¶ 8, 25, and 38. Also see at least Figure 5).
While Compain transmits exposure information to a server, Compain does not appear to disclose the information on the exposure time includes: information on a first time during which the obtained first advertisement content was output on the display.
However, Belvin teaches the information on the exposure time includes: information on a first time during which the obtained first advertisement content was output on the display (Figure 6A. Also see at least ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625.” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the step of the information on the exposure time includes: information on a first time during which the obtained first advertisement content was output on the display as taught by Belvin, into Compain. One of ordinary skill in the art would have been motivated to do so for the advantages of determining if a consumer expressed an interested in a particular advertisement (Belvin, ¶ 15), enabling the system to better targeted advertising content to consumers (Belvin, ¶¶ 21-22 and 24), and enabling the system to track advertisements presented to consumers (Belvin, ¶ 17). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While the client device of Belvin provides information on the exposure time to the server, the combination of Compain/Belvin do not appear to explicitly teach information on a second time during which a focus was maintained on the obtained first advertisement content output on the display.
However, Nicholas teaches information on a second time during which a focus was maintained on the obtained first advertisement content output on the display. (¶ 271 “When the advertisement is displayed, the interest level the viewer has in the advertisement is recorded 764. In one embodiment, the interest level is established by whether the viewer clicks on an advertisement. In one embodiment, the ad interest level is established by the amount of time the viewer interacts with an interactive advertisement, or the time the viewer's mouse is over the advertisement. In one embodiment, information may also be recorded regarding navigation throughout a click through destination site of an advertisement, including information regarding any purchases, account signups or the like. In one embodiment, ad interest level will also be established in part based upon the viewer of the advertisement going to the click through destination site not based upon click through but later in their surfing. In one embodiment, different interactions with the advertisement or click through destination site will result in different interest level assignments to the viewer. Based on the ad interest level, the characteristics cookie is updated 765. Alternatively, a different or new cookie may be used to maintain ad interest level data.” Also see at least ¶¶ 272-276.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine information on a second time during which a focus was maintained on the obtained first advertisement content output on the display as taught by Nicholas, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantage of enabling the system to provide further advertisements based on the interest level of the user (Nicholas, ¶¶ 271-276). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 12, it recites substantially similar limitations as claim 2. Therefore, claim 12 is rejected using the same rationale.
As per Claim 3, Compain discloses wherein the at least one processor is configured to (¶¶ 8, 25, and 38. Also see at least Figure 5).
While the client device of Belvin provides information on the exposure time to the server, the combination of Compain/Belvin do not appear to explicitly teach based on change of a location of a cursor on the display by a received user input, obtain the information on the second time corresponding to a time during which the cursor was maintained on a location of the obtained first advertisement content output on the display.
However, Nicholas teaches based on change of a location of a cursor on the display by a received user input, obtain the information on the second time corresponding to a time during which the cursor was maintained on a location of the obtained first advertisement content output on the display (¶ 271 “When the advertisement is displayed, the interest level the viewer has in the advertisement is recorded 764. In one embodiment, the interest level is established by whether the viewer clicks on an advertisement. In one embodiment, the ad interest level is established by the amount of time the viewer interacts with an interactive advertisement, or the time the viewer's mouse is over the advertisement. In one embodiment, information may also be recorded regarding navigation throughout a click through destination site of an advertisement, including information regarding any purchases, account signups or the like. In one embodiment, ad interest level will also be established in part based upon the viewer of the advertisement going to the click through destination site not based upon click through but later in their surfing. In one embodiment, different interactions with the advertisement or click through destination site will result in different interest level assignments to the viewer. Based on the ad interest level, the characteristics cookie is updated 765. Alternatively, a different or new cookie may be used to maintain ad interest level data.” Also see at least ¶¶ 272-276.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine based on change of a location of a cursor on the display by a received user input, obtain the information on the second time corresponding to a time during which the cursor was maintained on a location of the obtained first advertisement content output on the display as taught by Nicholas, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantage of enabling the system to provide further advertisements based on the interest level of the user (Nicholas, ¶¶ 271-276). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per 13, it recites substantially similar limitations as claim 3. Therefore, claim 13 is rejected using the same rationale.
As per Claim 4, Compain discloses the at least one processor is configured to (¶¶ 8, 25, and 38. Also see at least Figure 5).
While Compain discloses the first advertisement content to be output on the display, Compain does not appear to explicitly disclose wherein the obtained advertisement content is a video content, and based on a cursor output on the display being located by a received user input on a location of the obtained first advertisement content, controlling the video content corresponding to the first advertisement content to be output on the display.
However, Belvin teaches wherein the obtained advertisement content is a video content (¶¶ 28 and 37), and
based on a cursor output on the display being located by a received user input on a location of the obtained first advertisement content, controlling the video content corresponding to the first advertisement content to be output on the display (¶ 28 “The electronic advertisements may be presented in a variety of formats, including text ads, banner ads, video ads, pop-up ads, pop-under ads, etc.” ¶ 37 “the action may be the consumer’s hovering-over the advertisement with a cursor or other pointing-device, thereby causing the advertisement to change by expanding, playing a video, revealing additional information, etc.” ).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine wherein the obtained advertisement content is a video content and based on a cursor output on the display being located by a received user input on a location of the obtained first advertisement content, controlling the video content corresponding to the first advertisement content to be output on the display as taught by Belvin, into Compain.
One of ordinary skill in the art would have been motivated to do so for the advantage of enabling the system to track a variety of advertisement formats (Belvin, ¶¶ 28-29). Additionally, since each individual element and its function are shown in the prior art, albeit shown in separate reference, the difference between the claimed subject matter and the prior art rests not on any individual element or function, but in the very combination itself – that is in the substitution of the video advertisement of Belvin for the advertisement of Compain. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious (KSR Rationale B).
One of ordinary skill in the art would have been motivated to do so for the advantage of enabling the advertisement to play a video and/or reveal additional information in response to the user hovering-over the advertisement (Belvin, ¶ 37). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per 14, it recites substantially similar limitations as claim 4. Therefore, claim 14 is rejected using the same rationale.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Compain in view of Belvin, in further view of Yi (US 2019/0034960 A1, hereinafter “Yi”).
As per Claim 5, Compain discloses wherein the at least one processor is configured to (¶¶ 8, 25, and 38. Also see at least Figure 5).
The combination of Compain/Belvin do not appear to explicitly teach obtain the 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.
However, Yi teaches obtain the 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 (¶ 49 “the dwell time of the presentation of the ad is measured. That is, the amount of time that the user viewed or was exposed to the ad during that particular presentation of the ad (e.g. on a web page) is measured and recorded” ¶ 94 “It is recognized that an advertisement may be partially visible to various degrees depending upon the scroll location to which a user has scrolled. Therefore, it is contemplated that in various embodiments, the accrual of scroll dwell time for an advertisement is affected by the portion of the advertisement that is visible. In one embodiment, scroll dwell time is only recorded when the entirety of the advertisement is visible. In another embodiment, scroll dwell time is weighted by the fractional portion of the advertisement that is visible. That is, the lower the fractional portion of the advertisement that is visible, then the lower the weighting applied to the scroll dwell time recorded for the advertisement; and the higher the fractional portion of the advertisement that is visible, then the higher the weighting applied to the scroll dwell time. A maximum weighting may be defined for when the entirety of the advertisement is visible [i.e., weight corresponding to display location of the obtained first advertisement content].” ¶ 96 “In another embodiment, the weighting applied may vary depending upon which portion of an advertisement is visible. For example, a higher weighting may be applied for an upper portion of an advertisement and a lower weighting applied for a lower portion of the advertisement [i.e., weight corresponding to screen size of the obtained first advertisement content]. In this manner, when the user scrolls down only far enough to partially show an advertisement, a publisher may be credited with a portion of the scroll dwell time that is greater than the fractional portion of the advertisement shown, to reflect the fact that the advertisement was in fact displayed to the user, if only in part. In yet another embodiment, the weighting can be predefined for any portion of an advertisement. For example, a middle portion of an advertisement may have a higher weighting than either of upper or lower portions of the advertisement. This may be desired where the middle portion of the advertisement is of greater importance to the advertiser than the upper or lower portions. It should be appreciated than any number of portions of an advertisement can have predefined weightings, each of which may be applied in proportion to the amount of its corresponding portion that is displayed.” Also see claim 1.).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine obtain the 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 as taught by Yi, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantages of providing a more accurate and fine-grained understanding of user engagement (Yi, ¶ 39), and enabling the system to more accurately measure the exposure of ads to a targeted audience (Yi, ¶ 64). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Compain in view of Belvin, in view of Nicholas, in further view of Zhang et al. (US 2024/0296483 A1, hereinafter “Zhang”).
As per Claim 6, Compain discloses wherein the received advertisement information includes (¶¶ 47, 71-72, and Figure 4B).
While Compain discloses the received advertisement information, the combination of Compain/Belvin does not appear to explicitly disclose based on the exposure time of the obtained first advertisement content being greater than a predetermined value, … information of a second advertisement content having at least one of an attribute or classification corresponding to the obtained first advertisement content.
However, Nicholas discloses based on the exposure time of the obtained first advertisement content being greater than a predetermined value, … information of a second advertisement content having at least one of an attribute or classification corresponding to the obtained first advertisement content (¶¶ 271-275).
The Examiner notes that Nicholas teaches exposure time being greater a predetermined value because Nicholas provides a second advertisement having at least one of an attribute or classification corresponding to the obtained first advertisement when a user ad interest level is high, and provides a second advertisement different from the obtained first advertisement content when a user ad interest level is low. One of ordinary skill in the art would understand that a predetermined value must be used in order to classify the exposure time as “high” or “low”. Therefore, Nicholas does teach the claimed predetermined value.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine based on the exposure time of the obtained first advertisement content being greater than a predetermined value, … information of a second advertisement content having at least one of an attribute or classification corresponding to the obtained first advertisement content as taught by Nicholas, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantages of providing the user with further information about an advertised product that is of interest to the user (Nicholas, ¶ 272-273), and preventing advertisers from wasting advertising dollars on users who are not likely to purchase their products. The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While the combination of Compain/Belvin/Nicholas teach the received advertisement information including a second advertisement content, they do not appear to explicitly disclose providing address information of a second advertisement content to an electronic apparatus.
However, Zhang teaches providing address information of a second advertisement content to an electronic apparatus (¶ 147 “The advertisement server 300 may send the second advertisement landing page address to the electronic device 100 through the first application server 200.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the address of Zhang, into the combination of Compain/Belvin/Nicholas. One of ordinary skill in the art would have been motivated to do so for the advantages of enabling the electronic apparatus to locate the correct advertisement for display to the user, and enabling the system to track an advertisement’s performance and effectiveness. The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 7, Compain discloses wherein the received advertisement information includes(¶¶ 47, 71-72, and Figure 4B).
While Compain discloses the received advertisement information, the combination of Compain/Belvin does not appear to explicitly disclose based on the exposure time of the obtained first advertisement content being smaller than a predetermined value, … information of a second advertisement content having at least one of an attribute or classification different from the obtained first advertisement content.
However, Nicholas discloses based on the exposure time of the obtained first advertisement content being smaller than a predetermined value, … information of a second advertisement content having at least one of an attribute or classification different from the obtained first advertisement content (¶¶ 271-275).
The Examiner notes that Nicholas teaches exposure time being smaller than a predetermined value because Nicholas provides a second advertisement having at least one of an attribute or classification corresponding to the obtained first advertisement when a user ad interest level is high, and provides a second advertisement different from the obtained first advertisement content when a user ad interest level is low. One of ordinary skill in the art would understand that a predetermined value must be used in order to classify the exposure time as “high” or “low”. Therefore, Nicholas does teach the claimed predetermined value.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine based on the exposure time of the obtained first advertisement content being smaller than a predetermined value, … information of a second advertisement content having at least one of an attribute or classification different from the obtained first advertisement content as taught by Nicholas, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantages of providing the user with further information about an advertised product that is of interest to the user (Nicholas, ¶ 272-273), and preventing advertisers from wasting advertising dollars on users who are not likely to purchase their products. The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While the combination of Compain/Belvin/Nicholas teach the received advertisement information including a second advertisement content, they do not appear to explicitly disclose providing address information of a second advertisement content to an electronic apparatus.
However, Zhang teaches providing address information of a second advertisement content to an electronic apparatus (¶ 147 “The advertisement server 300 may send the second advertisement landing page address to the electronic device 100 through the first application server 200.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the address of Zhang, into the combination of Compain/Belvin/Nicholas. One of ordinary skill in the art would have been motivated to do so for the advantages of enabling the electronic apparatus to locate the correct advertisement for display to the user, and enabling the system to track an advertisement’s performance and effectiveness. The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 8, Compain discloses further comprising:
wherein the at least one processor is configured to (¶¶ 8, 25, and 38. Also see at least Figure 5);
based on receiving a user input corresponding to movement to an area of no output, control the display to output the obtained new advertisement content output (¶ 46 and Figure 3. Also see ¶ 21 “advertisement presented to a user viewing a webpage can be refreshed with a new, replacement advertisement when it is determined (e.g., based on user acts or other behavior) that the user has not, and likely will not, respond to the advertisement currently presented to the user.”).
While Compain discloses the received advertisement information, the combination of Compain/Belvin does not appear to explicitly disclose based on the exposure time of the obtained first advertisement content being greater than a predetermined value, … obtain a new advertisement content related to the obtained first advertisement content.
However, Nicholas discloses based on the exposure time of the obtained first advertisement content being greater than a predetermined value, … obtain a new advertisement content related to the obtained first advertisement content (¶¶ 271-275).
The Examiner notes that Nicholas teaches exposure time being greater a predetermined value because Nicholas provides a second advertisement having at least one of an attribute or classification corresponding to the obtained first advertisement when a user ad interest level is high, and provides a second advertisement different from the obtained first advertisement content when a user ad interest level is low. One of ordinary skill in the art would understand that a predetermined value must be used in order to classify the exposure time as “high” or “low”. Therefore, Nicholas does teach the claimed predetermined value.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine based on the exposure time of the obtained first advertisement content being greater than a predetermined value, … obtain a new advertisement content related to the obtained first advertisement content as taught by Nicholas, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantage of providing the user with further information about an advertised product that is of interest to the user (Nicholas, ¶ 272-273). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
While the combination of Compain/Belvin/Nicholas obtain a new advertisement content related to the obtained first advertisement content, they do not appear to explicitly teach control the communication device to request and obtain an advertisement.
However, Zhang teaches control the communication device to request and obtain an advertisement (¶¶ 22-24 and 88).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine control the communication device to request and obtain and advertisement as taught by Zhang, into the combination of Compain/Belvin/Nicholas. One of ordinary skill in the art would have been motivated to do so for the advantages of improving advertisement display efficiency of the electronic device (Zhang, ¶ 22), and enabling the electronic device to send an advertising space ID to the advertisement server (Zhang, ¶ 88) so that an advertisement with an appropriate size will be obtained for the advertisement space. The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Compain in view of Belvin, in view of Mougenot et al. (US 2015/0324854 A1, hereinafter “Mougenot”) .
As per Claim 9, Compain discloses wherein the at least one processor is configured to (¶¶ 8, 25, and 38. Also see at least Figure 5).
While Compain obtains an updated advertisement content, the combination of Compain/Belvin do not appear to explicitly teach store the obtained updated advertisement content in the memory.
However, Mougenot teaches store the obtained updated advertisement content in the memory (¶ 7 “generating, by the computing device, the advertising creative display opportunity includes generating the advertising creative display opportunity on a desktop or home screen of the computing device.’ ¶ 13 “the method includes generating, by the ad decision server, second one or more generated advertising creatives based at least in part on a determination to update the one or more generated advertising creatives; and sending, by the ad decision server, to the computing device, second payload data, wherein the second payload data includes second advertising creative retrieval data for downloading the second one or more generated advertising creatives” ¶ 28 “When the application generates an advertising creative display opportunity at some later time (e.g., when the application is executing in the foreground and/or is visible to the user), the computing device already has one or more advertising creatives stored locally that can be displayed in the opportunity. Beneficially, because the computing device already has one or more advertising creatives stored locally, the application can have advertising creatives to populate advertising creative display opportunities when the computing device is disconnected from the internet and/or other networks. In some applications, advertising creatives can include more types of media (e.g., media that requires larger amounts of data) because the advertising creatives can be download in advance of the display opportunities. In some embodiments, application installation files associated with the advertising creative can be downloaded when the advertising creative is downloaded. Beneficially, because the computing device already has the application installation files stored locally, the application associated with the advertising creative can be installed from the computing device's memory. In some instances, this can happen faster than an application installation that involves downloading the application installation files at the time of the installation, which can result in a more fluid user experience.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the storing of the obtained updated advertisement content in the memory as taught by Mougenot, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantage of enabling the computing device to display advertisements when the computing device is disconnected from the internet and/or other networks (Mougenot, ¶ 28). The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
As per Claim 10, Compain discloses further comprising:
While the combination of Compain/Belvin obtain and display the first advertisement content, they do not appear to explicitly teach wherein the image including the obtained first advertisement content is a home screen output on the display, and the obtained first advertisement content is located in a predetermined area inside the home screen.
However, Mougenot teaches wherein the image including the obtained first advertisement content is a home screen output on the display (¶¶ 7, 10, 28, 41, and 45), and
the obtained first advertisement content is located in a predetermined area inside the home screen (¶¶ 7, 10, 28, 41, and 45).
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine wherein the image including the obtained first advertisement content is a home screen output on the display, and the obtained first advertisement content is located in a predetermined area inside the home screen as taught by Mougenot, into the combination of Compain/Belvin. One of ordinary skill in the art would have been motivated to do so for the advantages of increasing the likelihood that a user would see and interact with an advertisement, obtaining higher engagement rate, obtaining higher sales for advertised products and/or services, and expand market reach. The claimed invention is also merely a combination of old elements, and in the combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable (KSR Rationale A).
Response to Arguments
Applicant's arguments filed 05/12/226 have been fully considered but they are not persuasive. In the Remarks, Applicant argues:
Argument: “Under Step 2A - Prong 2, claim 1 as currently recited is integrated into a practical application of controlling advertisement content. For example, in an instance where first advertisement content is obtained and exposure time and identification information are transmitted to a server, claim 1 describes an apparatus capable of obtaining a second advertisement content based on received advertisement information and controlling the display to output the obtained first advertisement content to a predetermined area of the display, thereby enabling improved control of advertisement content. Thus, even assuming under Step 2A, Prong 1, the claim pertains to a mental process, claim 1 as a whole integrates the mental process into a practical application. It is thus respectfully submitted that claim 1 is not directed to an abstract idea, and as a result, no further consideration needs to be required (USPTO § 101 analysis Step 2A: NO). It is thus respectfully submitted that claim 1 is directed to statutory subject matter. As claims 11 and 15 also contain the same elements as claim 1, claims 11 and 15 are also directed to statutory subject matter. For at least the same reasons as claim 1, the remaining claims are also directed to statutory subject matter. Therefore, withdrawal of the rejection under 35 U.S.C. § 101 is respectfully requested.”
In response, the Examiner respectfully disagrees. The limitations outlined above describe or set forth an advertising/marketing activity which falls within the certain methods of organizing human activities. Therefore, the claims recite an abstract idea in Step 2A Prong One. In Step 2A Prong Two and in Step 2B, the additional elements are recited at a high level of generality, and amount to adding the words “apply it”. 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. Therefore, the claims do no integrate the judicial exception into a practical application or amount to significantly more.
Argument: “Belvin does not disclose or suggest "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". Furthermore, Claim 1 has been amended to recite that the at least one processor is "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.”
In response, the Examiner respectfully disagrees. Belvin teaches the limitation 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 in at least ¶ 19 “a consumer accesses electronic content from a content delivery channel 110, the consumer may be presented with one or more advertisements 105 with the accessed content. For each advertisement containing a script as described herein, the presentation of the advertisement to a consumer results in the sending of a presentation message from the computing device 120 to the monitoring system 100. The presentation message contains information that reflects the identity of the presented advertisement [i.e., transmitting the identification information corresponding to the obtained first advertisement content to a server], the identity of the computing device (if available) on which the advertisement was presented, and indicia reflecting the physical location of the computing device. If the consumer also expresses an interest in an advertisement, such as by hovering over or selecting the advertisement, the presentation message also contains an indication that the consumer expressed such an interest in the advertisement [i.e., user interests is expressed by a user hovering over an advertisement].” ¶ 20 “By receiving the presentation messages, the monitoring system 100 builds and maintains a record of electronic advertisements that have been presented to consumers. ¶ 45 “The time at which the advertisement was presented to the consumer is recorded in a ‘date presented’ field 620 and a ‘time presented’ field 625. [i.e., providing information on exposure time of the obtained first advertisement]” Also see Figure 6A which shows the monitoring system 100 storing an advertising identifier in element 615, and advertisement exposure times in elements 620 and 625 that is obtained from the presentation message sent from the computing device 100.).
Belvin also teaches the limitation 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 in at least Figure 3 which shows an image corresponding to a selectable content being provided, and at least ¶ 45 and Figure 6A and associated paragraphs teach the communication device transmitting identification information and exposure time information of each advertisement content included in an image including the obtained first advertisement content to the server.
Argument: “The Office Action asserts that it would have been obvious to modify Compain in view of Belvin to include exposure-time information. However, no rationale is provided explaining why one of ordinary skill in the art would further modify the system to result in the elements of claims 1, 11, and 15. Belvin is directed to monitoring and record-keeping. Modifying Compain to incorporate Belvin would, at most, result in additional data being transmitted or stored, but would not result in the claimed system in which such data is used as described in claims 1, 11, and 15. Accordingly, the proposed combination relies on impermissible hindsight reconstruction. For at least these reasons, the amended claims 1, 11, and 15 distinguish over Compain in view of Belvin by reciting functional and structural features not found or suggested by Compain or Belvin. Thus, Compain, Belvin, and the cited references fail to disclose or suggest all of the elements of amended claims 1, 11, and 15. Moreover, it is respectfully submitted that the dependent claims are allowable over the cited references for at least the reason that they depend from an independent claim that is allowable over the cited references. Thus, the Applicant respectfully requests withdrawal of the rejection under 35 U.S.C. §103.”
In response to applicant's argument that the Examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Here, the conclusion of obviousness are either from the prior art and/or within the level of ordinary skill at the time the claimed invention was made. Therefore, a prima facie case of obviousness under 35 U.S.C. § 103 has been established.
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.
THIS ACTION IS MADE FINAL. 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.
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/SAM REFAI/Primary Examiner, Art Unit 3621
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