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 .
DETAILED ACTION
1. The following is a non-final, First Office Action on the merits. Claim 1-20 are pending.
Double Patenting
2. Independent claims 1 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claims 1 and 11 of U.S. Patent 12,277,570 B1. Further, dependent claims {3, 13}; {4,14}; {5,15}; {6,16}; {7,17}; {8,18}; {9,19} and {10,20} of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over dependent claims {2, 12}; {1,11}; {4,14}; {5,15}; {6,16); {10,20}; {7,17} and {9,19} of US Patent 12,277,570 B1.
In addition, independent claims 1 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over independent claims 1 and 10 of US Patent 11,651,386 B1. Further, dependent claims {3, 13}; {4,14}; {5,15}; {6,16}; {7,17}; and {9,19} of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over dependent claims {2, 11}; {1,10}; {1,10}; {6,15}; {7,16}; and {8,17} of US Patent 11,651,386 B1. See the table below.
Instant Application: 19/078,012
Patent 12,277,570 B1
Patent 11,651,386 B1
Claims 1 and 10: A system configured determine and distribute rewards based on display of a digital content item, the system comprising: one or more physical processors configured by machine-readable instructions to:
obtain, in an ongoing manner during display of a digital content item on a wearable device associated with a user, display information that characterizes the display of the digital content item on the wearable device;
determine, in an ongoing manner during the display of the digital content item, rewards to the user in accordance with the display information, wherein the determination of rewards is based on a reward scheme, wherein the reward scheme is associated with at least one of the digital content item or the user; and
distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an address on a decentralized ledger accessible by the first user.
Claims 3 and 13: wherein determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein the display information is provided to the smart contract.
Claims 4 and 14: wherein the reward scheme indicates a first reward to be distributed to the user subsequent to display of the digital content item on the wearable device satisfying a condition.
Claims 5 and 15: wherein the condition identifies a threshold of at least one of a duration of time that the digital content item is displayed, a geographical location of the wearable device during display of the digital content item, and observer interaction with the digital content item via the wearable device.
Claims 6 and 16: wherein the one or more physical processors are further configured by machine-readable instructions to: detect termination of display of the digital content item on the wearable device; and determine and distribute rewards to the user subsequent to the termination of the display of the digital content item on the wearable device.
Claims 7 and 17: wherein the wearable device is a physical wearable device or a virtual wearable device within a virtual reality environment.
Claims 8 and 18: wherein the physical wearable device is a head mounted device configured to present displays of an augmented reality or virtual reality environment to a wearer of the head mounted device.
Claims 9 and 19: wherein the address on the decentralized ledger is accessible by the user via a user wallet, wherein the user wallet is linked to an external wallet, wherein the user wallet retrieves funds from and deposits funds to the external wallet, and wherein the external wallet allows the user to manage funds on a public decentralized ledger.
Claims 10 and 20: wherein display information includes at least one of a duration of time that the digital content item is displayed, a geographical location of the wearable device during display of the digital content item, and observer interaction with the digital content item via the wearable device.
Claims 1 and 11: A system configured to track display of a digital content item and distribute rewards based on the display, the system comprising: one or more physical processors configured by machine-readable instruction to:
receive, by a user via a client computing platform associated with the user, a display request identifying the digital content item and a wearable device associated with the user, wherein the digital content item is configured to be displayed on the wearable device, such that a first display request identifies a first digital content item and a first wearable device associated with a first user;
effectuate, responsive to receipt of the display request, display of the digital content item on the wearable device associated with the user, such that the first digital content item is displayed on the first wearable device;
receive, in an ongoing manner during the display of the digital content item, display information associated with the display of the digital content item on the wearable device, wherein the display information characterizes the nature of the display of the digital content item on the wearable device, such that first display information is associated with the display of the first digital content item on the first wearable device;
determine and distribute, in an ongoing manner during the display of the digital content item, rewards to the user in accordance with the display information, wherein the determination of rewards is based on a reward scheme, wherein the reward scheme is associated with at least one of the digital content item or the user, wherein the reward scheme indicates rewards to be based on the nature of the display of the digital content item on the wearable device, such that a first reward scheme indicates a first reward to be distributed to the first user subsequent to display of the first digital content item on the first wearable device satisfying a first condition, wherein distributing the first reward to the first user includes transferring a first amount of consideration to an address on a decentralized ledger accessible by the first user.
Claims 2 and 12: wherein determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein the display information is provided to the smart contract.
Is taught by claims 1 and 11 above (last bold limitations above)
Claims 4 and 14: wherein the first condition identifies a threshold for at least one of a duration of time that the digital content item is displayed, a geographical location of the wearable device during display of the digital content item, and observer interaction with the digital content item via the wearable device.
Claims 5 and 15: wherein rewards are determined and distributed to the user subsequent to termination of display of the digital content item.
Claims 6 and 16: wherein the wearable device is a physical wearable device or a virtual wearable device within a virtual reality environment.
Claims 10 and 20: wherein the wearable device is a head mounted device configured to present displays of an augmented reality or virtual reality environment to a wearer of the head mounted device.
Claims 7 and 17: wherein the address on the decentralized ledger is accessible by the first user via a user wallet, wherein the user wallet is linked to an external wallet, wherein the user wallet retrieves funds from and deposits funds to the external wallet, and wherein the external wallet allows the user to manage funds on a public decentralized ledger.
Claims 9 and 19: wherein display information includes at least one of a duration of time that the digital content item is displayed, a geographical location of the wearable device during display of the digital content item, and observer interaction with the digital content item via the wearable device.
Claims 1 and 10: A system configured to track display of a digital content item and distribute rewards based on the display, the system comprising: one or more processors configured by machine-readable instruction to:
receive, by a user via a client computing platform associated with the user, a display request identifying the digital content item and a wearable device associated with the user, wherein the digital content item is configured to be displayed on the wearable device, such that a first display request identifies a first digital content item and a first wearable device associated with a first user;
effectuate, responsive to receipt of the display request, display of the digital content item on the wearable device associated with the user, such that the first digital content item is displayed on the first wearable device;
receive display information associated with the display of the digital content item on the wearable device, wherein the display information characterizes at least one of a duration of time that the digital content item is displayed on the wearable device, a geographical location of the wearable device during display of the digital content item, or observer interaction with the digital content item, such that first display information is associated with the display of the first digital content item on the first wearable device;
determine and distribute rewards to the user in accordance with the display information, wherein the rewards include a transfer of consideration to an address on a decentralized ledger that corresponds to a user wallet associated with the user, wherein the determination of rewards are based on a reward scheme, wherein the reward scheme is associated with at least one of the digital content item or the user, wherein the reward scheme indicates rewards to be based on at least one of a duration of time that the digital content item is displayed, a geographical location of the wearable device during display of the digital content item, and observer interaction with the digital content item via the wearable device, such that a first reward scheme indicates a first reward to be distributed to the first user subsequent to display of the first digital content item on the first wearable device for a first duration of time, the first reward including a first amount of consideration that is transferred to an address on the decentralized ledger corresponding to a first user wallet associated with the first user and the first amount of consideration is in accordance with first display information.
Claims 2 and 11: wherein determination and distributions of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein the display information is provided to the smart contract.
Is taught by claims 1 and 10 above (last bold limitations above)
Is taught by claims 1 and 10 above (last bold limitations above)
Claims 6 and 15: wherein rewards are determined and distributed to the user subsequent to termination of display of the digital content item.
Claims 7 and 16: wherein the wearable device is a physical wearable device or a virtual wearable device within a virtual reality environment.
Claims 8 and 17: wherein the user wallet is linked to an external wallet, wherein the user wallet retrieves funds from and deposits funds to the external wallet, and wherein the external wallet allows the user to manage funds on a public decentralized ledger.
In summary, claims 1 and 11 of U.S. Patent 12,277,570 B1 teach all the features of claims 1 and 11 of the instant application as indicated in the table above. Although claims 1 and 11 of U.S. Patent 12,277,570 B1 has additional features (bold limitations in the table above) such as {receive, by a user via a client computing platform associated with the user, a display request identifying the digital content item and a wearable device associated with the user, wherein the digital content item is configured to be displayed on the wearable device, such that a first display request identifies a first digital content item and a first wearable device associated with a first user; effectuate, responsive to receipt of the display request, display of the digital content item on the wearable device associated with the user, such that the first digital content item is displayed on the first wearable device; wherein the display information characterizes the nature of the display of the digital content item on the wearable device, such that first display information is associated with the display of the first digital content item on the first wearable device; wherein the reward scheme indicates rewards to be based on the nature of the display of the digital content item on the wearable device, such that a first reward scheme indicates a first reward to be distributed to the first user subsequent to display of the first digital content item on the first wearable device satisfying a first condition}; however, it has been held that deleting elements when the function of element is not desired is obvious. See MPEP 2144.04 Section II. Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of claims 1 and 11 of U.S. Patent 12,277,570 B1 the to arrive at the claims 1 and 11 of the instant application because the person of ordinary skill would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Further, dependent claims {2, 12}; {1,11}; {4,14}; {5,15}; {6,16); {10,20}; {7,17} and {9,19} of US Patent 12,277,570 B1 respectively teach all the features of dependent claims {3, 13}; {4,14}; {5,15}; {6,16}; {7,17}; {8,18}; {9,19} and {10,20} of the instant application as indicated in the table above.
In addition, claims 1 and 10 of U.S. Patent 11,651,386 B1 teach all the features of claims 1 and 11 of the instant application as indicated in the table above. Although 1 and 10 of U.S. Patent 11,651,386 B1 has additional underlined features (bold limitations in the table above) such as {receive, by a user via a client computing platform associated with the user, a display request identifying the digital content item and a wearable device associated with the user, wherein the digital content item is configured to be displayed on the wearable device, such that a first display request identifies a first digital content item and a first wearable device associated with a first user; effectuate, responsive to receipt of the display request, display of the digital content item on the wearable device associated with the user, such that the first digital content item is displayed on the first wearable device; wherein the display information characterizes at least one of a duration of time that the digital content item is displayed on the wearable device, a geographical location of the wearable device during display of the digital content item, or observer interaction with the digital content item,….; wherein the determination of rewards are based on a reward scheme, wherein the reward scheme is associated with at least one of the digital content item or the user, wherein the reward scheme indicates rewards to be based on at least one of a duration of time that the digital content item is displayed, a geographical location of the wearable device during display of the digital content item, and observer interaction with the digital content item via the wearable device, such that a first reward scheme indicates a first reward to be distributed to the first user subsequent to display of the first digital content item on the first wearable device for a first duration of time, the first reward including a first amount of consideration that is transferred to an address on the decentralized ledger corresponding to a first user wallet associated with the first user and the first amount of consideration is in accordance with first display information}; however, it has been held that deleting elements when the function of element is not desired is obvious. See MPEP 2144.04 Section II. Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of 1 and 10 of U.S. Patent 11,651,386 B1 the to arrive at the claims 1 and 11 of the instant application because the person of ordinary skill would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Furthermore, dependent claims {2, 11}; {1,10}; {1,10}; {6,15}; {7,16}; and {8,17} of US Patent 11,651,386 B1 respectively teach all the features of dependent claims {3, 13}; {4,14}; {5,15}; {6,16}; {7,17}; and {9,19} of the instant application as indicated in the table above.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
3. Claims 1-20 are rejected under 35 U.S.C. 112 (b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention:
Independent claims 1 and 11, initially steps/limitations 1-3 recites “a user/the user”. However, the end of step/limitation 3 then recites “the first user”. The scope of these limitations are confusing since it is unclear whether “the first user” in the end of step/limitation 3 is referring back to “a user/the user” in the earlier steps/limitations. Appropriated correction is required.
Dependent claims 2-10 and 12-20 are dependency of their base claims 1 and 11. Therefore, are rejected under 35 U.S.C. 112 (b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for the same reasons as indicated above in claims 1 and 11.
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.
4. The claimed invention (Claim 1-20) is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) abstract idea including “Certain Methods of Organizing Human Activity”, and/or “Mental Processes”, which has/have been identified/found by the courts as abstract ideas in MPEP 2106.04(a). This judicial exception is not integrated into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because It/they is/are recited at a high level of generality and/or are recited as performing generic computer functions routinely used in the computer applications:
5. Step 1: Does the Claim Fall within a statutory Category?
Claims 1-10: Yes. These claims is system which recites one or more physical processors configured by machine-readable instruction to….….., and therefore is directed to the statutory class of machine and article of manufacture.
Claim 11-20: Yes. These are methods, and therefore are directed to the statutory class of process.
6. Step 2A prong 1, Step 2A prong 2 and Step 2B:
Independent claim 1 (Step 2A, Prong I): is directed to abstract of “Certain Methods of Organizing Human Activity”; and/or “Mental Processes”:
Limitations 2 and part of limitation 3 of determine, in an ongoing manner during the display of the content item, rewards to the user in accordance with the display information, wherein the determination of rewards is based on a reward scheme, wherein the reward scheme is associated with at least one of the content item or the user (limitation 2); and distribute, in an ongoing manner during the display of the content item, the rewards to the user (part of limitation 3) fall within “Certain Methods of Organizing Human Activity” grouping of abstract idea because these steps mainly describe the concepts of commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); and/or managing personal behavior or relationships or interactions between people (including following rules or instructions).
Further, limitation 2 mentioned above of “determine, in an ongoing manner during the display of the content item, rewards to the user in accordance with the display information, wherein the determination of rewards is based on a reward scheme, wherein the reward scheme is associated with at least one of the content item or the user” also fall within the abstract “Mental Processes” grouping of abstract ideas since this limitation covers performance of the limitation in the mind. For example, a human being can observing/evaluating/analyzing display information and reward scheme (associated with the content item or the user) in order to determine reward to the user.
Independent claim 1, Step 2A (Prong II): Accordingly, the claim recites an abstract idea(s) as pointed out above. This judicial exception(s) is/are not integrated into a practical application. In particular, the claim recites additional underlined elements {e.g., one or more physical processors configured by machine-readable instruction to…; a digital content/ the digital content} to perform abstract limitation 2 and part of limitation 3 mentioned above. These additional element(s) in all of the steps/limitations is/are recited at a high-level of generality such that it amounts no more than mere instructions to apply the judicial exception(s) using generic computer components {e.g., one or more physical processors configured by machine-readable instruction to…; a digital content/ the digital content}. Accordingly, these additional element(s) does/do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. See MPEP 2106.05(f). Further, in claim 1, the limitations 1 and limitation 3 of obtain, in an ongoing manner during display of a digital content item on a wearable device associated with a user, display information that characterizes the display of the digital content item on the wearable device (limitation 1); and distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an address on a decentralized ledger accessible by the first user (limitation 3) are merely receiving data and displaying data/ transmitting data, which are considered as “insignificant extra solution activities”; thus, they do not integrate the abstract idea into a practical application. See MPEP 2106.05(g). Next, the addition elements in limitations 1 and 3 of {a wearable device/the wearable device, and a decentralized ledger} are merely respectively a source, and a destination, where information (e.g., display information…) is being received from; and, wherein information (e.g., a first reward amount) is being sent to/transferred to, which are considered as general link to technological environment; thus, do not integrate the abstract idea into a practical application. See MPEP 2106.05(h). Again, the claim is directed to an abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components {e.g., one or more physical processors configured by machine-readable instruction to…; a digital content/ the digital content} to perform the identified abstract idea of limitation 2 and part of limitation 3 above amounts to no more than mere instructions to apply the exception using a generic computer component; thus again, they do not integrate the abstract idea into a practical application. See MPEP 2106.05(f). For the above- mentioned reasons, viewed the claim as a whole, the additional elements/additional steps/additional limitations individually and in combination do not integrate the identified abstract idea into a practical application. Furthermore, there is neither improvement to another technology or technical field nor an improvement to the functioning of the computer itself.
Independent claim 1 (step 2B): The additional underlined elements in claim 1 (e.g., one or more physical processors configured by machine-readable instruction to…; a digital content/ the digital content) are recited at a high level of generality and/or are recited as performing generic computer functions routinely used in the computer applications; thus, they are not significantly more than the identified abstract idea. In other word, the additional underlined elements { e.g., one or more physical processors configured by machine-readable instruction to…; a digital content/ the digital content } are amounts no more than mere instructions to apply the judicial exception(s) of limitation 2 and part of limitation 3 mentioned above; thus, they are not significantly more than the identified abstract idea. See MPEP 2106.05(f). in claim 1, the limitations 1 and limitation 3 of obtain, in an ongoing manner during display of a digital content item on a wearable device associated with a user, display information that characterizes the display of the digital content item on the wearable device (limitation 1); and distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an address on a decentralized ledger accessible by the first user (limitation 3) are merely receiving data and displaying data/ transmitting data, which are considered as “insignificant extra solution activities”; thus, are not significantly more than the identified abstract idea. See MPEP 2106.05(g). Next, the addition elements in limitations 1 and 3 of {a wearable device/the wearable device, and a decentralized ledger} are merely respectively a source, and a destination, where information (e.g., display information…) is being received from; and, wherein information (e.g., a first reward amount) is being sent to/transferred to, which are considered as general link to technological environment; thus, are not significantly more than the identified abstract idea. See MPEP 2106.05(h).
When reevaluating the limitations the the limitations 1 and limitation 3 of obtain, in an ongoing manner during display of a digital content item on a wearable device associated with a user, display information that characterizes the display of the digital content item on the wearable device (limitation 1); and distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an address on a decentralized ledger accessible by the first user (limitation 3) in step 2B here, receiving data and transmitting data/displaying data via a processor is also well-understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system. The use of generic computer to transmit information/send information/present information/display information through an unspecified generic computer does not impose any meaningful limit on the computer implementation of the abstract idea. According to MPEP 2106.05 (d), elements that the Courts have recognized as well-understood, routine, conventional activity in particular fields are e.g., "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); Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93” (evidence as required by Berkheimer’s memo).
Thus, evidences have been provided above to show these additional elements are well-understood, routine, conventional activity according to MPEP 2106.07 (a) (III). Viewed as a whole, even in combination, the above steps again do not amount to significantly more because these steps in combination merely applying the abstract idea to a generic computer and insignificant extra solution activity. Furthermore, there is neither improvement to another technology or technical field nor an improvement to the functioning of the computer itself.
As per Claim 11: Alice Corp. also establishes that the same/similar analysis should be used for all categories of claims. Therefore, a method claim 11 is also rejected as ineligible subject matter under 35 U.S.C. 101 for substantially the same/similar reasons as claim 1. The components (i.e., a wearable device/the wearable device, a digital content/ the digital content; a decentralized ledger) described in claim 11 add nothing of substance to the underlying abstract idea. At best, the claim(s) are merely providing an environment to implement the identified abstract idea.
Dependent claims 2-10 and 12-20 are merely add further details of the abstract steps/elements recited in claims 1 and 11 without including an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Note that in claims {3, 13} and {9,19}, the additional elements (e.g., a smart contract stored on the decentralized ledger; user wallet, external wallet, public decentralized ledger) are recited as a high level of generality {see MPEP 2106.05(f)}, and/or recited as general link to teach technological environment {see MPEP 2106.05(h)}; thus, do not integrate the identified abstract idea into a practical application, and are not significantly more than the identified abstract ideas. Similarly, in claims {7,17}; and {8,18}, the additional elements (e.g., a virtual wearable device, virtual reality environment, physical wearable device is a head mounted device… present displays of an augmented reality or virtual reality environment….) are recited as a high level of generality {see MPEP 2106.05(f)}, and/or recited as general link to teach technological environment {see MPEP 2106.05(h)}; thus, do not integrate the identified abstract idea into a practical application, and are not significantly more than the identified abstract ideas. Therefore, looking at the limitations as an ordered combinations adds nothing that is not already present when looking at the elements taken individually. Furthermore, there is neither improvement to another technology or technical field nor an improvement to the functioning of the computer itself. Therefore, dependent claims 2-10 and 12-20 are also non-statutory subject matter.
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 1-2, 4-7, 10-12, 14-17 and 20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Cullen et al; (US 2018/0308120), in view of Liu et al; (US 2015/0193804 A1), and further in view of Augustine et al; (US 2021/0065070 A1):
9. Independent claims 1 and 11: Cullen teaches a system and method configured determine and distribute rewards based on display of a digital content item, the system comprising: one or more physical processors configured by machine-readable instructions to:
obtain, after display of a digital content item on a wearable device (Abstract, fig. 1 paras 0057-0066, fig. 2C paras 0076-0077) in context with figs 2A, 2B, 2C and associated paras) associated with a user, display information (e.g., amount of display time/ duration of time in paras 0076-0077 or location during display in paras 0059, 0067-0068, 0074-0075 in context with para 0023) that characterizes the display of the digital content item on the wearable device (part of step/limitation 1) {At least fig. 2C paras 0076-0077 in context with figs 2A and 2B paras 0059, 0067-0068 and 0074-0075};
determine, after the display of the digital content item, rewards (paras 0026, 0037, 0059 in context with paras 0076-0077) to the user in accordance with the display information, wherein the determination of rewards is based on a reward scheme (e.g., amount of display time/ duration of time in paras 0076-0077 or location during display in paras 0059, 0067-0068, 0074-0075 in context with para 0023), wherein the reward scheme is associated with at least one of the digital content item or the user (part of step/limitation 2) {At least fig. 2C paras 0076-0077 in context with figs 2A and 2B paras 0037, 0059, 0067-0073 and 0074-0075} ; and
distribute, after the display of the digital content item, the rewards to the user by transferring a first amount (e.g. reward monetary value in para 0077 in context with para 0037) of consideration to an account (para 0037 in context with para 0077) accessible by the first user {At least fig. 2C paras 0076-0077 in context with paras 0037, 0026}.
However, Cullen does not explicitly teach the underlined features:
obtain, in an ongoing manner during display of a digital content item on a wearable device associated with a user, display information that characterizes the display of the digital content item on the wearable device (part of step/limitation 1);
determine, in an ongoing manner during the display of the digital content item, rewards to the user in accordance with the display information, wherein the determination of rewards is based on a reward scheme, wherein the reward scheme is associated with at least one of the digital content item or the user (part of step/limitation 2); and
distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an address on a decentralized ledger accessible by the first user (part of step/limitation 3).
Liu teaches a general concept of:
obtain, in an ongoing manner during display of a digital content item, display information (e.g., a time span over which a user views displayed content in paras 0193-0196, number of interactions with the displayed content…etc., in para 0196) and/or that characterizes the display of the digital content item (part of step/limitation 1) {At least fig. 32 especially paras 0193-0196 in context with paras 0186, 0188, fig. 32 para 0190-0196. Also see fig. 33 paras 0208-0215 and fig. 34 paras 0216-0231};
determine, in an ongoing manner during the display of the digital content item (paras 0186, 0215-0231), rewards to the user in accordance with the display information (part of step/limitation 2) {At least para 0186 in context with para 0188, fig. 32 para 0190-0196. Also see fig. 33 paras 0208-0215 and fig. 34 paras 0216-0231};
distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an account (paras 0054, 0154, 0156-0157, 0164, 0166) accessible by the first user (part of step/limitation 3) {At least paras 0054, 0154, 0156-0157, 0164, 0166 in context with at least paras 0186, 0188, fig. 32 para 0190-0196. Also see fig. 33 paras 0208-0215 and fig. 34 paras 0216-0231}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify “obtain, after display of a digital content item on a wearable device associated with a user, display information that characterizes the display of the digital content item on the wearable device; determine, after the display of the digital content item, rewards to the user in accordance with the display information, wherein the determination of rewards is based on a reward scheme, wherein the reward scheme is associated with at least one of the digital content item or the user; and distribute, after the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an account accessible by the first user” of Cullen to include “obtain, in an ongoing manner during display of a digital content item, display information and/or that characterizes the display of the digital content item; determine, in an ongoing manner during the display of the digital content item, rewards to the user in accordance with the display information; and distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an account”, taught by Liu. One would be motivated to do this in order to enable another method/ option of distributing rewards to the user (e.g., that is distributing reward to the user on the ongoing manner during the display of the advertisement/content). This in turn would increase user’s experiences.
However, the combination of Cullen and Liu does not explicitly teach the underlined features: “distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an address on a decentralized ledger accessible by the first user (part of step/limitation 3).
Augustine teaches a general concept of distribute rewards to a user by transferring a first amount of consideration to an address on a decentralized ledger (e.g., blockchain wallet address in paras 0049, 0086) accessible by a first user {At least paras 0049, 0086}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify “distribute, in an ongoing manner during the display of the digital content item, the rewards to the user by transferring a first amount of consideration to an account accessible by the first user” of the combination of Cullen and Liu to include “distribute rewards to a user by transferring a first amount of consideration to an address on a decentralized ledger accessible by a first user”, taught by Augustine. One would be motivated to do this since distributing rewards by transferring rewards to the address associated with the blockchain/decentralized ledger would help to creates a transparent, fair allocation process that is consistent and auditable while reducing the risk of human error, bias, or delays and increasing security.
10. Claims 2 and 12: The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 1 and 11 respectively. The combination further teaches wherein the display information is obtained from the wearable device {Cullen: At least paras 0076-0077}.
11. Claims 4 and 14: The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 1 and 11 respectively. The combination further teaches wherein the reward scheme indicates a first reward to be distributed to the user subsequent to display of the digital content item on the wearable device satisfying a condition (Cullen: e.g., amount of display time/ duration of time in paras 0076-0077 or location during display in paras 0059, 0067-0068, 0074-0075 in context with para 0023) {Cullen: At least paras 0076-0077 in context with paras 0023, 0067-0068, 0074-0075}.
12. Claims 5 and 15: The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 4 and 14 respectively. The combination further teaches wherein the condition identifies a threshold for at least one of a duration of time that the digital content item is displayed {Cullen: paras 0076-0077 especially para 0076}, a geographical location of the wearable device during display of the digital content item {Cullen: paras 0059, 0067-0068, 0074-0075 in context with para 0023}, and observer interaction with the digital content item via the wearable device.
13. Claims 6 and 16: The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 1 and 11 respectively. The combination further wherein the one or more physical processors are further configured by machine-readable instructions to:
detect termination of display of the digital content item on the wearable device {Cullen: At least fig. 2C paras 0076-0077 especially para 0077}; and
determine and distribute rewards to the user subsequent to the termination of the display of the digital content item on the wearable device {Cullen: At least fig. 2C paras 0076-0077 especially para 0077}.
14. Claims 7 and 17: The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 1 and 11 respectively. The combination further teaches wherein the wearable device is a physical wearable device {Cullen: At least para 0013, 0016, 0032, 0036, 0041-0042, 0074, 0076, 0085-0086 fig. 5} or a virtual wearable device within a virtual reality environment.
15. Claims 10 and 20: The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 1 and 11 respectively. The combination further teaches wherein display information includes at least one of a duration of time that the digital content item is displayed {Cullen: paras 0076-0077}, a geographical location of the wearable device during display of the digital content item {Cullen: paras 0059, 0067-0068, 0074-0075 in context with para 0023}, and observer interaction with the digital content item via the wearable device.
16. Claims 8 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Cullen et al; (US 2018/0308120), in view of Liu et al; (US 2015/0193804 A1), in view of Augustine et al; (US 2021/0065070 A1), and further in view of Jeromin: (US 2021/0364789 A1):
17. Claims 8 and 18: The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 7 and 17 respectively. The combination does not explicitly teach the underlined features: “wherein the physical wearable device is a head mounted device configured to present displays of an augmented reality or virtual reality environment to a wearer of the head mounted device.”.
Jeromin teaches a physical wearable device is a head mounted device configured to present displays of an augmented reality or virtual reality environment to a wearer of the head mounted device {At least paras 0004, 0017, 0031}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify “a physical wearable device” of the combination of Cullen, Liu and Augustine especially Cullen to include “a physical wearable device is a head mounted device configured to present displays of an augmented reality or virtual reality environment to a wearer of the head mounted device”, taught by Jeromin. One would be motivated to do this in order to since present displays of an augmented reality or virtual reality environment to a wearer of the head mounted device would create highly engaging, create immersive, interactive, and memorable advertisement product/brand experiences.
18. Claims 3 and 13 are rejected under 35 U.S.C. 103(a) as being unpatentable over Cullen et al; (US 2018/0308120), in view of Liu et al; (US 2015/0193804 A1), in view of Augustine et al; (US 2021/0065070 A1), and further in view of Weerasinghe et al; (US 2022/0150570 A1):
19. Claims 3 and 13: The Examiner notes in claims 3 and 13, the limitation “wherein determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein the display information is provided to the smart contract” is given no patentable weight because the functions (e.g., executed by a smart contract stored on the decentralized ledger…..; provided to smart contract) are not positively recited in claims 1 and 11. In other word, “the smart contract stored on the decentralize ledger” is outside of the scope of the claims 1 and 11; therefore, whichever functions (e.g., e.g., executed by a smart contract stored on the decentralized ledger…..; provided to smart contract) performed by the smart contract are given no patentable weight. However, this limitation is covered by the combination of Cullen, Liu and Augustine, Weerasinghe especially by the combination of Augustine and Weerasinghe as pointed out below.
The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 1 and 11 respectively. The combination further teaches wherein determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of digital content item or a user {Augustine: At least paras 0086, 0071 in context with para 0049}.
However, the combination of Cullen, Liu and Augustine does not explicitly teach the underlined features: “wherein determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein the display information is provided to the smart contract”
Weerasinghe teaches a general concept of determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein display information (para 0014) is provided to the smart contract {At least paras 0014, 0025, 0130, 0217, 0230}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify “wherein determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of digital content item or a user” of Cullen to include “determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein display information is provided to the smart contract”, taught by Weerasinghe. One would be motivated to do this in order to ensure privacy and security, especially with respect to user data and currency {Weerasinghe: At least para 0016}.
20. Claims 3, 9, 13 and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Cullen et al; (US 2018/0308120), in view of Liu et al; (US 2015/0193804 A1), in view of Augustine et al; (US 2021/0065070 A1), and further in view of Youngblood et al; (US 2020/0334674 A1):
21. Claims 9 and 19: The Examiner notes in claims 9 and 19, the limitation “wherein the address on the decentralized ledger is accessible by the user via a user wallet, wherein the user wallet is linked to an external wallet, wherein the user wallet retrieves funds from and deposits funds to the external wallet, and wherein the external wallet allows the user to manage funds on a public decentralized ledger” is given no patentable weight because the functions (e.g., is accessible by the user via a user wallet, the user wallet is linked to an external wallet…; retrieves funds from and deposits funds to the external wallet; wherein the external wallet allows the user to manage funds on a public decentralized ledger) are not positively recited in claims 1 and 11. In other word, the elements (e.g., a user wallet/the user wallet, an external wallet/the external wallet) are outside of the scope of the claims 1 and 11; therefore, whichever functions (e.g., e.g., executed by a smart contract stored on the decentralized ledger…..; provided to smart contract) performed by “a user wallet/the user wallet, an external wallet/the external wallet” are given no patentable weight. However, this limitation has been covered by the combination of Cullen, Liu, Augustine and Youngblood especially by the combination of Augustine and Youngblood below.
The combination of Cullen, Liu and Augustine teaches the claimed invention as in claims 1 and 11 respectively. The combination further teaches wherein the address on the decentralized ledger is accessible by the user via a user wallet {Augustine: At least paras 0049, 0085-0086, see transferring reward(s) to the user wallet address on the blockchain and at least para 0211 see the user may redeemed the rewards}.
However, the combination of Cullen, Liu and Augustine does not explicitly teach the underlined features “wherein the address on the decentralized ledger is accessible by the user via a user wallet, wherein the user wallet is linked to an external wallet, wherein the user wallet retrieves funds from and deposits funds to the external wallet, and wherein the external wallet allows the user to manage funds on a public decentralized ledger.”
Youngblood teaches a general concept of a user wallet is linked to an external wallet, wherein the user wallet retrieves funds from and deposits funds to the external wallet, and wherein the external wallet allows the user to manage funds on a public decentralized ledger {At least paras 0024, 0104, 0131, 0133, 0135, 0138-0139}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify “the system and method of determination and distribution of rewards” of Cullen to include “a user wallet is linked to an external wallet, wherein the user wallet retrieves funds from and deposits funds to the external wallet, and wherein the external wallet allows the user to manage funds on a public decentralized ledger”, taught by Youngblood. One would be motivated to do this in order to ensure privacy and security while increasing the user’s experience.
Prior Art that is pertinent to Applicant’s disclosure
22. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DUCORSKY; (US 2023/0316332); wherein teaches A scooter advertising system includes a scooter configured to transport a driver, and an advertising module secured to the scooter and configured to receive advertising data. An electronic display screen is coupled to the advertising module and configured to generate an advertising image thereon using the advertising data. The advertising module includes a transceiver configured to wirelessly communicate with a remote server, receive the advertising data, and to transmit data. The advertising module also includes a graphic display controller configured to generate an advertising image from the advertising data and to transmit a signal to the electronic display screen to display the advertising image. A GPS tracking module is configured to determine a location of the scooter when displaying the advertising image. Specifically see fig. 16 especially steps 210, 212-214 and para 0029}.
Joutras et al; (US 11,810,142 B2), wherein teaches The present system provides users engaging with sharing platforms a method to monetize their contribution in generating ad revenue for various advertisers. The system can quantify the user contribution based on the user's behavior and action related to individual ads on the sharing platforms. The system provides a method of monetizing a user's contribution to ad revenue, thereby incentivizing users to share the selected ad to the user's audience.
Cullen; (US 2018/0310046 A1); wherein teaches A content distribution system featuring a plurality of wearable display devices. Wherein the wearable display devices may display be updated in real time via data connection with content from advertisers or other organizations.
Mabrouki; (US 2021/0256512 A1), wherein teaches determination and distribution of rewards is executed by a smart contract stored on the decentralized ledger, wherein the smart contract is associated with at least one of the digital content item or the user, and wherein display information is provided to the smart contract in at least Abstract, paras 0006-0007, 0077, 0082, 0088, 0092.
Also see other references in PTO-892.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuy Nguyen whose telephone number is 571-272-4585 and fax number is 571-273-4585. The examiner can normally be reached on Mon-Thurs, 8:30 am to 5: 00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, Ilana Spar can be reached on 571-270-7537. The FAX number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THUY N NGUYEN/
Primary Examiner, Art Unit 3622.
Prosecution Insights