DETAILED ACTION
Status of Claims
0. This is a Non-final office action in response to communication received on 02/28/2025. The Examiner conducted interviews on 02/13/2026 and 02/18/2026, based on which claim amendments via Examiner’s Amendment are being entered herein to advance prosecution over prior art based rejection in view of compact prosecution.
Based on the claim amendment being entered below via Examiner’s Amendment, claims 1-2, 6-11, 13-15, 17-19, and 21-23 are pending and examined herein.
Examiner’s Amendments
1. The amended claims being entered, which replace all prior version(s) of claims, are as follows:
1. (Currently Amended) An intelligent advertisement delivery method, comprising:
providing an intelligent delivery operation option on an interface configured for advertisement delivery setup;
upon receiving a delivery request from a first user through the intelligent delivery operation option, determining a set of products requiring intelligent advertisement delivery;
during a process of responding to a product search request initiated by a second user or recommending a product to the second user, matching product information in the determined set of products with search key information or a region and/or demographic group associated with the second user;
estimating promotional performance evaluation metrics for a target product that successfully matches the search key information or a region and/or demographic group associated with the second user and belongs to the set of products;
performing intelligent bidding for the target product based on an estimated result to determine, based on an intelligent bidding result, whether the target product qualifies for promotional display using a target display resource on a product recommendation page, wherein the target display resource is designated to meet a requirement of the advertisement delivery;
determining that the target product qualifies for promotional display;
generating a creative image of the target product using Artificial Intelligence Generated Content (AIGC) technology and displaying the creative image using the target display resource on the product recommendation page,
wherein:
the promotional performance evaluation metrics comprise a click-through rate (CTR) metric, a conversion rate metric, and a transaction value metric;
performing intelligent bidding for the target product based on the estimated result comprises:
determining a current growth stage level of the target product and determining a growth objective based on the determined current growth stage level;
when determining that the current growth stage level is a new product stage, determining the growth objective of the target product as transitioning into a potential product by improving the CTR, and performing intelligent bidding for the target product based on the estimated result for the CTR metric;
when determining that the current growth stage level is a potential product stage, determining the growth objective of the target product as transitioning into a trending product by improving the conversion rate, and performing intelligent bidding for the target product based on the estimated result for the conversion rate metric; the trending product is defined as a product with a conversion rate exceeding a specified threshold;
when determining the current growth stage level is a trending product stage where a conversion rate exceeds a specified threshold, determining the growth objective of the target product as increasing the transaction value, and performing intelligent bidding for the target product based on the estimated result for the transaction value metric.
2. (Currently Amended) The method of claim 1, wherein:
the promotional performance evaluation metrics comprise a plurality of types
3-5. (Canceled)
6. (Original) The method of claim 1, further comprising:
obtaining budget information configured by the first user for the intelligent advertisement delivery requirements;
performing intelligent bidding for the target product based on the estimated result comprises:
performing intelligent bidding for the target product based on the estimated result and the budget information.
7. (Currently Amended) The method of claim 1,
8. (Original) The method of claim 1, further comprising:
collecting statistical data on the actual promotional performance of the target product during its promotional display on the search result page based on the intelligent bidding result;
determining an optimization adjustment to a key information matching strategy and/or an intelligent bidding strategy for the target product based on a statistical result.
9. (Currently Amended) A non-transitory computer-readable storage medium configured with instructions executable by one or more processors to cause the one or more processors to perform operations comprising:
providing an intelligent delivery operation option on an interface configured for advertisement delivery setup;
upon receiving a delivery request from a first user through the intelligent delivery operation option, determining a set of products requiring intelligent advertisement delivery;
during a process of responding to a product search request initiated by a second user or recommending a product to the second user, matching product information in the determined set of products with search key information or a region and/or demographic group associated with the second user;
estimating promotional performance evaluation metrics for a target product that successfully matches the search key information or a region and/or demographic group associated with the second user and belongs to the set of products;
performing intelligent bidding for the target product based on an estimated result to determine, based on an intelligent bidding result, whether the target product qualifies for promotional display using a target display resource on a product recommendation page, wherein the target display resource is designated to meet a requirement of the advertisement delivery;
determining that the target product qualifies for promotional display;
generating a creative image of the target product using Artificial Intelligence Generated Content (AIGC) technology and displaying the creative image using the target display resource on the product recommendation page,
wherein:
the promotional performance evaluation metrics comprise a click-through rate (CTR) metric, a conversion rate metric, and a transaction value metric;
performing intelligent bidding for the target product based on the estimated result comprises:
determining a current growth stage level of the target product and determining a growth objective based on the determined current growth stage level;
when determining that the current growth stage level is a new product stage, determining the growth objective of the target product as transitioning into a potential product by improving the CTR, and performing intelligent bidding for the target product based on the estimated result for the CTR metric;
when determining that the current growth stage level is a potential product stage, determining the growth objective of the target product as transitioning into a trending product by improving the conversion rate, and performing intelligent bidding for the target product based on the estimated result for the conversion rate metric; the trending product is defined as a product with a conversion rate exceeding a specified threshold;
when determining the current growth stage level is a trending product stage where a conversion rate exceeds a specified threshold, determining the growth objective of the target product as increasing the transaction value, and performing intelligent bidding for the target product based on the estimated result for the transaction value metric.
10. (Original) An electronic device comprising:
one or more processors; and
one or more computer-readable memories coupled to the one or more processors and having instructions stored thereon that are executable by the one or more processors to perform the method of claim 1.
11. (Currently Amended) An intelligent advertisement delivery method, comprising:
determining a set of products designated by at least one first user that require intelligent advertisement delivery;
matching product information in the determined set of products with a region and/or demographic group associated with a second user during a process of recommending a product to the second user;
estimating promotional performance evaluation metrics for target product that successfully matches the region and/or demographic group and belongs to the set of products;
performing intelligent bidding for the target product based on [[the]] an estimated result to determine, based on the intelligent bidding result, whether the target product qualifies for promotional display using a target display resource on a product recommendation page, wherein the target display resource is designated to meet a requirement of the advertisement delivery.
determining that the target product qualifies for promotional display, generating a creative image of the target product using Artificial Intelligence Generated Content (AIGC) technology, and displaying the creative image using the target display resource on the product recommendation page,
wherein:
the promotional performance evaluation metrics comprise a plurality of types;
performing intelligent bidding for the target product based on the estimated result comprises:
determining a current growth stage level of the target product out of a plurality of growth stage levels and establishing a growth objective based on the determined current growth stage level;
selecting one specific promotional performance evaluation metric from the plurality of types of promotional performance evaluation metrics based on the growth objective, and performing intelligent bidding for the target product based on the estimated result for the selected promotional performance evaluation metric, and
when determining that the current growth stage level is a new product stage, determining the growth objective of the target product as transitioning into a potential product, and the selecting one specific promotional performance evaluation metric from the plurality of types of promotional performance evaluation metrics based on the growth objective comprises selecting a click-through rate (CTR) metric to improve the CTR of the target product.
12. (Canceled)
13. (Original) The method of claim 11, further comprising:
collecting statistical data on the actual promotional performance of the target product during their promotional display on the product recommendation page based on the intelligent bidding result;
determining an optimization adjustment to a region matching strategy, demographic matching strategy, and/or intelligent bidding strategy for the target product based on a statistical result.
14. (Original) A non-transitory computer-readable storage medium configured with instructions executable by one or more processors to cause the one or more processors to perform the method of claim 11.
15. (Original) An electronic device comprising:
one or more processors; and
one or more computer-readable memories coupled to the one or more processors and having instructions stored thereon that are executable by the one or more processors to perform the method of claim 11.
16. (Canceled)
17. (Currently Amended) The method of claim [[16]] 1, wherein:
the operation option includes an option for performing intelligent advertisement delivery for all products associated with the first user’s store;
upon receiving the first user’s delivery request through the intelligent delivery operation option, all products in the store associated with the first user are determined to require intelligent advertisement delivery.
18. (Currently Amended) The method of claim [[16]] 1, further comprising:
providing an operation option for budget setting, allowing the first user to specify budget information for an intelligent advertisement delivery process, wherein the intelligent bidding is also based on the budget information.
19. (Currently Amended) The method of claim [[16]] 1, further comprising:
providing an intelligent delivery management interface during the process of promoting and displaying products on a product search result page based on the intelligent bidding result, wherein the management interface is configured to display real-time statistical information on the actual promotional performance of the target product.
20. (Canceled)
21. (New) The non-transitory computer-readable storage medium of claim 9, wherein the operations further comprise:
obtaining budget information configured by the first user for the intelligent advertisement delivery requirements;
performing intelligent bidding for the target product based on the estimated result comprises:
performing intelligent bidding for the target product based on the estimated result and the budget information.
22. (New) The non-transitory computer-readable storage medium of claim 9, wherein the creative target image is used as a representative image of the target product.
23. (New) The non-transitory computer-readable storage medium of claim 9, wherein the operations further comprise:
collecting statistical data on the actual promotional performance of the target product during its promotional display on the search result page based on the intelligent bidding result;
determining an optimization adjustment to a key information matching strategy and/or an intelligent bidding strategy for the target product based on a statistical result.
Claim Rejections - 35 USC § 101
2. 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 1-2, 6-11, 13-15, 17-19, and 21-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Next using the 2019 Revised Patent Subject Matter Eligibility Guidances (hereinafter 2019 PEG) the rejection as follows has been applied.
Under step 1, analysis is based on MPEP 2106.03, claims 1-2, 6-8, 10-11, 13-15, and 17-19 are a method; and claims 9 and 21-23 are a non-transitory CRM. Thus, each claim 1-2, 6-11, 13-15, 17-19, and 21-23, on its face, is directed to one of the statutory categories (i.e., useful process, machine, manufacture, or composition of matter) of 35 U.S.C. §101.
Under Step 2A Prong One, per MPEP 2106.04, prong one asks does the claim recite an abstract idea, law of nature, or natural phenomenon? In Prong One examiners evaluate whether the claim recites a judicial exception, i.e. whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. While the terms "set forth" and "described" are thus both equated with "recite", their different language is intended to indicate that there are two ways in which an exception can be recited in a claim. For instance, the claims in Diehr, 450 U.S. at 178 n. 2, 179 n.5, 191-92, 209 USPQ at 4-5 (1981), clearly stated a mathematical equation in the repetitively calculating step, and the claims in Mayo, 566 U.S. 66, 75-77, 101 USPQ2d 1961, 1967-68 (2012), clearly stated laws of nature in the wherein clause, such that the claims "set forth" an identifiable judicial exception. Alternatively, the claims in Alice Corp., 573 U.S. at 218, 110 USPQ2d at 1982, described the concept of intermediated settlement without ever explicitly using the words "intermediated" or "settlement."
Next, per 2019 PEG, to determine whether a claim recites an abstract idea in Prong One, examiners are now to: (I) Identify the specific limitation(s) in the claim under examination (individually or in combination) that the examiner believes recites an abstract idea; and (II) determine whether the identified limitation(s) falls within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 PEG. If the identified limitation(s) falls within the subject matter groupings of abstract ideas enumerated in Section I, analysis should proceed to Prong Two in order to evaluate whether the claim integrates the abstract idea into a practical application.
(I) An abstract idea as recited per abstract recitation of claims 1-2, 6-11, 13-15, 17-19, and 21-23 [i.e. recitation with the exception of additional elements, which are first considered under step 2A prong two when claim(s) is/are reconsidered as a whole and exclusively under step 2B inquiries below, i.e. under step 2A prong one the Examiner considered claim recitation other than the additional elements (which once again are expressly noted below) to be the abstract recitation] (II) is that of setting up delivery for a target product selected out of set of products when it matches with second-user or consumer’s keywords and qualifies for promotional display, wherein qualification is based on performance evaluation metrics and bidding which includes ascertaining a current growth stage level of the target product which is certain methods of organizing human activity (but for its implementation in network based environment - which is considered further under prong two and step 2B analysis as set forth below).
The phrase "Certain methods of organizing human activity" applies to fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). Further, see MPEP 2106.04(a)(2) II. A-C.
Therefore, the identified limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of 2019 PEG, thus analysis now proceeds to Prong Two in order to evaluate whether the claim integrates the abstract idea into a practical application.
Under Step 2A Prong Two, per MPEP 2106.04, prong two asks does the claim recite additional elements that integrate the judicial exception into a practical application? In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. If the additional elements in the claim integrate the recited exception into a practical application of the exception, then the claim is not directed to the judicial exception (Step 2A: NO) and thus is eligible at Pathway B. This concludes the eligibility analysis. If, however, the additional elements do not integrate the exception into a practical application, then the claim is directed to the recited judicial exception (Step 2A: YES), and requires further analysis under Step 2B (where it may still be eligible if it amounts to an ‘‘inventive concept’’).
Next, per 2019 PEG, Prong Two represents a change from prior guidance. The analysis under Prong Two is the same for all claims reciting a judicial exception, whether the exception is an abstract idea, a law of nature, or a natural phenomenon. Examiners evaluate integration into a practical application by: (I) Identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (II) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application, using one or more of the considerations laid out by the Supreme Court and the Federal Circuit.
Accordingly, the examiner will evaluate whether the claims recite one or more additional element(s) that integrate the exception into a practical application of that exception by considering them both individually and as a whole.
The claim elements in addition to the abstract idea, i.e. additional elements, as recited in claims 1-2, 6-11, 13-15, 17-19, and 21-23 at least are an interface, display on product recommendation page, generating a creative image of the target product using Artificial Intelligence Generated Content (AIGC) technology (per claim 1 and also per claim 11 as the additional elements of claim 11 are fully encompassed in claim 1); non-transitory computer-readable storage medium configured with instructions executable by one or more processors to cause the one or more processors to perform (per claim 9, in addition to additional elements per claim 1, and also per claim 14); an electronic device comprising: one or more processors; and one or more computer-readable memories coupled to the one or more processors and having instructions stored thereon that are executable by the one or more processors to perform the method of claim 1 (per claim 10, and also per claim 15). Remaining claims, namely either recite the same additional element(s) as already noted above or simply lack recitation of an additional element, in which case note prong one as set forth above.
As would be readily apparent to a person having ordinary skill in the art (hereinafter PHOSITA), the additional elements are generic computer components. The additional elements are simply utilized as generic tools to implement the abstract idea or plan as "apply it" instructions (see MPEP 2106.05(f)) including AIGC technology. The additional elements are generic as they are described at a high level of generality, see at least as-filed Figs. 1, 5, and their associated disclosure. The processor executing the "apply it" instruction is further connected to one or more device merely transmitting/sending/receiving data over a network, note receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) to display creative for a qualified product on recommendation page. Gathered/received data is considered insignificant extra solution activity (see MPEP 2106.05(g)). Further, the processor analyzes gathered user data to ascertain whether a target product qualifies based on keywords also based on performance and bidding, and based on such analysis is able to output the target product after having qualified as a result such as a tailored/recommended product ad. Thus, the process is similar to collecting information, analyzing it, and displaying certain results of the collection and analysis (Electric Power Group) - certain result here is a tailored content based on information about the user (Int. Ventures v. Cap One Bank ‘382 patent). The abstract idea is intended to be merely carried out in a technical environment such as collecting data via a network and analyzing data via a generic processor to provide personalized marketing content such as ads, however fail to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (see MPEP 2106.05(h)).
Accordingly, viewed as a whole, these additional claim element(s) do not provide any additional element that integrates the abstract idea (prong one), into a practical application (prong two) upon considering the additional elements both individually and as a combination or as a whole as they fail to provide: an additional element that reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field; or an additional element that implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim; or an additional element that effects a transformation or reduction of a particular article to a different state or thing; or an additional element that applies or uses the judicial exception, again, in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception as explained above.
Thus, the abstract idea of setting up delivery for a target product selected out of set of products when it matches with second-user or consumer’s keywords and qualifies for promotional display, wherein qualification is based on performance evaluation metrics and bidding which includes ascertaining a current growth stage level of the target product (prong one) is not integrated into a practical application upon consideration of the additional element(s) both individually and as a combination (prong two).
Therefore, under step 2A, the claims are directed to the abstract idea, and require further analysis under Step 2B.
Under step 2B, per MPEP 2106.05, as it applies to claims 1-2, 6-11, 13-15, 17-19, and 21-23, the Examiner will evaluate whether the foregoing additional elements analyzed under prong two, when considered both individually and as a whole provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). The abstract idea of setting up delivery for a target product selected out of set of products when it matches with second-user or consumer’s keywords and qualifies for promotional display, wherein qualification is based on performance evaluation metrics and bidding which includes ascertaining a current growth stage level of the target product - has not been applied in an eligible manner. The claim elements in addition to the abstract idea are simply being utilized as generic tools to execute "apply it" instructions as they are described at a high level of generality. Additionally, the abstract idea is intended to be merely carried out in a technical environment, however fail to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (Id. or note step 2A prong two).
Regarding, insignificant solution activity such as data gathering or post solution activity such as displaying on interface, the Examiner relies on court cases and publications that demonstrate that such a way to gather data and display information is indeed well-understood, routine, or conventional in the industry or art, at least note as follows:
(i) receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network) [similarly here the target product is transmitted to the potential consumer for display on]; and
(ii) Affinity v DirecTV - "The court rejected the argument that the computer components recited in the claims constituted an “inventive concept.” It held that the claims added “only generic computer components such as an ‘interface,’ ‘network,’ and ‘database,’” and that “recitation of generic computer limitations does not make an otherwise ineligible claim patent-eligible.” Id. at 1324-25 (citations omitted). The court noted that nothing in the asserted claims purported to improve the functioning of the computer itself or “effect an improvement in any other technology or technical field.” Mortgage Grader, 811 F.3d at 1325 (quoting Alice, 134 S. Ct. at 2359)." [similarly here user interface allows first-user/advertiser to set up a marketing campaign].
Therefore the claims here fail to contain any additional element(s) or combination of additional elements that can be considered as significantly more and the claims are rejected under 35 U.S.C. 101 for lacking eligible subject matter.
Examiner’s Reason(s) For Non-applicability Of Prior Art Based Rejection
3. The Examiner finds the following to be closest prior art references:
- US11410203 see Abstract "optimized management of online advertising auctions are disclosed. An auction management system sends bids for one or more bidding units ( e.g., keywords or product identifiers) to an advertising vendor. A bid comprises a value per click associated with one or more search results pages or web pages for one or more search terms. At least a portion of the bids represent winning bids in one or more auctions for the one or more bidding units. The system determines success metrics associated with the bids based (at least in part) on user traffic for links associated with the winning bids. The system determines an optimal bid for a particular bidding unit based (at least in part) on the success metrics. The system sends the optimal bid for the particular bidding unit to the advertising vendor for an additional auction."
- US20080270223 see Abstract "displaying advertiser defined groups of advertisement campaign information is disclosed. In one implementation, a quality score associated with an ad group is calculated based at least in part on a historical performance of the ad group. Ad campaign information associated with the ad group is then sent to a user interface for display on the user interface, the advertisement campaign information comprising a graphical representation of the calculated quality score"
- US20100094673A1 see Abstract " keyword bidding are disclosed. A particular embodiment includes identifying a keyword searched by a buyer on a host site just prior to their purchase transaction; recording a host site category associated with the purchase transaction; correlating the keyword with the host site category; determining a revenue per click value associated with the keyword; obtaining bidding information associated with the keyword; and automatically generating a bid value for the keyword based on the revenue per click value, the bidding information, and the host site category."
- US20240354810A1 see Abstract "automatically computing biddings for cold items are disclosed. A first bid value is computed and submitted for a first bidding for a first set of items each having a predicted sales metric larger than a first threshold in a first time period. From the first set of items, a second set of items are selected that have a traffic metric smaller than a second threshold in a second time period. Each item in the second set is assigned to one of a plurality of clusters. A second bid value is computed for each cluster based on cluster-level metrics and a click distribution among the plurality of clusters. An updated bid value is computed, for each item in the second set, to be submitted for a second bidding, based on the second bid value for a cluster to which the item is assigned"
- US20180218395 A1 [0073] "advertisement for a media item is associated with at least one media playlist (block 1002) and adjusts the performance score of the ad (e.g., by incrementing it by a predetermined number or a fraction and/or based on how many media playlists the ad is associated with) (block 1004). At block 1006, the advertisement server may optionally adjust the performance score of the ad based on characteristics of the media item. For example, the advertisement server may estimate the popularity of the media item using one or more characteristics of the media item (e.g., a media item content category, a keyword, a media item type, a media item author, a media item access history, a media item geo-location, user demographics, etc.) and adjust the performance score of the ad based on the estimated popularity of the media item
- US20080294996 [0315] "The analytic platform 100 may comprise a new product tracking facility. The new product tracking facility may deliver automated tracking of new products on a periodic basis. The new product tracking facility may include benchmarking metrics of new products versus the category, across retailers, across competitive products, and the like. The new product tracking facility may also incorporate consumer-level information to bring further insights to underlying shopping behavior for new products, such as trial and repeat. The new product tracking facility may include a set of pre-built reports and analyses. Trend analysis may comprise advanced performance benchmarking based on adjusted product sales rate versus a category index. Trend analysis may be performed on a periodic basis after launch. Trend analysis may assist in establishing sales profiles for launch and for end-to-end product lifecycle. Trend analysis may enable comparisons in launch characteristics for different categories and types of new products, such as line extensions versus new brands. Competitive benchmarking may comprise comparing new product performance versus a competitive set. Competitive benchmarking may enable monitoring a competitive response and an action result. Market and retailer benchmarking may comprise comparing new product performance across different markets, channels, retailers, and the like. Market and retailer benchmarking may identify chronic performance issues and opportunities. Market and retailer benchmarking may establish fact-based new product launch profiles for product planning. Product portfolio analysis may comprise comparing new product performance versus distribution to identify opportunities for rebalancing product portfolio and sales and marketing investments. Driver analysis may comprise comparing new product performance with concurrent price, promotion, and advertising activities to enable faster course correction and more optimal marketing spend. The new product tracking facility enables relative time product analysis by incorporating automated processes for benchmarking products along a relative time scale, such as weeks since launch, for improved analyst productivity. The new product tracking facility enables effective performance benchmarks. The index metrics in the new product tracking facility may enable analysis and adaptation to differences across markets, retailers, categories, and the like. The new product tracking facility may be deployed on both United States and European Union retail and consumer data, to provide a consistent global framework for brand and new product performance benchmarking. The new product tracking facility may be extended by integrating internal sales plans/targets to enable closed-loop tracking of plan-versus-actual performance for new products"
- US20120166267 "Techniques and systems for selecting advertisements for dissemination over a network are disclosed. In one embodiment, an advertisement service stores information indicative of offers from merchants, including information indicating an amount of revenue that the offering merchant would be willing to share with the advertisement service if a consumer consummates a transaction with the merchant based on the good or service advertised in the offer. The service computes predicted conversion rates for these offers, and uses the predicted conversion rates and the revenue sharing information to select an advertisement for dissemination according to which advertisement is expected to generate the greatest amount of revenue for the advertisement service. The predicted conversion rate can be based on various features, including physical location of the consumer, the consumer's preferences on a third-party information sharing service, amount of discount reflected in the offer, the customer service rating of the merchant, etc."
- US8386315 Abstract "automate and optimize process of placing advertising campaigns on available inventory. When visitor loads one of publisher's web pages, system will be queried for advertisement that should be shown. System periodically analyzes performance data to determine optimal allocations. When queried, identifies advertiser campaign and advertisement to be shown. Results of that visitor encounter are logged or recorded for future analysis. Determination of campaign placements may advantageously be a two-phase process. First, campaign is efficiently tested on the inventory most likely to produce good results. The testing module dynamically adapts, adjusting the amount of testing on different channels until a sufficient determination of the creative performance on different channels can be made. The second phase is the resource allocation. Campaign performance data and contractual constraints are formulated as a network problem. Efficient methods for solving network problems are well known. These two phases may be further subdivided if necessary"; col 10 lines 10-24 "CPA campaigns can be handled identically or in a nonidentical but similar or analogous manner to that described for CPC campaigns, except that all contract parameters will refer to prices per action, and minimum and maximum required actions. CPM campaigns are handled slightly differently. Since CPM campaigns typically have less flexibility in placement than other campaigns, there will generally be fewer campaign- channel arcs in the network, and thus fewer options for the allocation optimizer to choose among. The allocation optimizer needs to use whatever placement flexibility is available to maximize the number of actions achieved while the number of impressions used is constrained (in order to meet the contractual requirements)."
However, the above noted references fail to, when considered both singularly and/or in combination, teach growth stages of a target product based on which a marketing objective is decided such as CPM, CTR, or Conversion. Thus, a prima facie case of obviousness could not be established using the above noted references. Therefore, claims overcome prior art based rejection.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and all the references on PTO-892 Notice of Reference Cited should be duly noted.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIPEN M PATEL whose telephone number is (571)272-6519. The examiner can normally be reached Monday-Friday, 08:30-17:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached on (571)270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIPEN M PATEL/Primary Examiner, Art Unit 3621