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. This is a first non-final Office Action on the merits for application 19079062. Claims 1-44 are pending examination.
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 1-44 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.
Claim(s) 1 is/are drawn to method (i.e., a process). As such, claim 1 is/are drawn to one of the statutory categories of invention.
Claims 1-44 are directed to receiving an advertisement request and conduct an auction with bid floor in a hybrid optimized auction to generate a winning bid for an automated advertising auction. Specifically, claim(s) 1 recite(s) receive an advertising request, the hybrid, optimized exchange further configured to conduct, using a bid floor, a hybrid, optimized DSP auction of the advertising request among a plurality of DSPs, thereby generating a winning DSP that makes a winning DSP bid in an automated advertising auction system after the SSP initiates an SSP auction of the advertising request, the hybrid, optimized exchange optimizing the bid floor provided to the plurality of DSPs in the hybrid, optimized DSP auction and simultaneously optimizing a shading factor used by the hybrid, optimized exchange to place a hybrid, optimized bid on behalf of the winning DSP in the SSP auction, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and grouped as following:
receive an advertising request, the hybrid, optimized exchange further configured to conduct, using a bid floor, a hybrid, optimized DSP auction of the advertising request among a plurality of DSPs, thereby generating a winning DSP that makes a winning DSP bid in an automated advertising auction system after the SSP initiates an SSP auction of the advertising request; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
the hybrid, optimized exchange optimizing the bid floor provided to the plurality of DSPs in the hybrid, optimized DSP auction and simultaneously optimizing a shading factor used by the hybrid, optimized exchange to place a hybrid, optimized bid on behalf of the winning DSP in the SSP auction; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as demand side platform, supply side platform, merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the demand side platform, supply side platform, perform(s) the steps or functions of receive an advertising request, the hybrid, optimized exchange further configured to conduct, using a bid floor, a hybrid, optimized DSP auction of the advertising request among a plurality of DSPs, thereby generating a winning DSP that makes a winning DSP bid in an automated advertising auction system after the SSP initiates an SSP auction of the advertising request, the hybrid, optimized exchange optimizing the bid floor provided to the plurality of DSPs in the hybrid, optimized DSP auction and simultaneously optimizing a shading factor used by the hybrid, optimized exchange to place a hybrid, optimized bid on behalf of the winning DSP in the SSP auction. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a demand side platform, supply side platform to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of receiving an advertisement request and conduct an auction with bid floor in a hybrid optimized auction to generate a winning bid for an automated advertising auction. As discussed above, taking the claim elements separately, the demand side platform, supply side platform perform(s) the steps or functions of receive an advertising request, the hybrid, optimized exchange further configured to conduct, using a bid floor, a hybrid, optimized DSP auction of the advertising request among a plurality of DSPs, thereby generating a winning DSP that makes a winning DSP bid in an automated advertising auction system after the SSP initiates an SSP auction of the advertising request, the hybrid, optimized exchange optimizing the bid floor provided to the plurality of DSPs in the hybrid, optimized DSP auction and simultaneously optimizing a shading factor used by the hybrid, optimized exchange to place a hybrid, optimized bid on behalf of the winning DSP in the SSP auction. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of receiving an advertisement request and conduct an auction with bid floor in a hybrid optimized auction to generate a winning bid for an automated advertising auction. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-44 further describe the abstract idea of receiving an advertisement request and conduct an auction with bid floor in a hybrid optimized auction to generate a winning bid for an automated advertising auction. Claim(s) 2-44 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a demand side platform, supply side platform, learning engine to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of receiving an advertisement request and conduct an auction with bid floor in a hybrid optimized auction to generate a winning bid for an automated advertising auction. As discussed above, taking the claim elements separately, the demand side platform, supply side platform, learning engine perform(s) the steps or functions of optimized exchange is operably connected to an advertiser having an advertisement available for purchase; wherein the hybrid, optimized exchange forwards to a DSP an advertising request that the hybrid, optimized exchange determines is likely to be relevant; wherein the hybrid, optimized exchange only forwards to the advertising request that the hybrid, optimized exchange determines is likely to be relevant; wherein the hybrid, optimized exchange further comprises a direct advertisement source or is operably connected to the direct advertisement source; wherein the hybrid, optimized bid maximizes a profit that the hybrid, optimized exchange realizes in a winning auction; wherein the SSP auction comprises one or more of a first-price auction and a second-price auction; wherein the hybrid, optimized auction comprises one or more of a first-price auction and a second-price auction; simultaneously to optimize a shading factor and a bid floor; wherein the hybrid, optimized bid comprises the winning bid divided by the optimized shading factor; configured to determine one or more of the optimized bid floor and the optimized shading factor; determines one or more of the optimized bid floor and the optimized shading factor once every training interval, wherein the training interval comprises a period of time after a conclusion of which the hybrid, optimized exchange, using the learning engine, performs a periodic updated calculation of one or more of the optimal bid floor and the optimal shading factor; wherein the training interval comprises approximately every four hours; wherein after determining the one or more of the optimized bid floor and the optimized shading factor, the bid parameter controller resets one or more of a bid floor range of exploration and a shading factor range of exploration; wherein after determining the one or more of the optimized bid floor and the optimized shading factor, the learning engine resetting both the bid floor range of exploration and the shading factor range of exploration; wherein the bid parameter controller comprises a random number generator that the bid parameter controller uses to do one or more of select one or more of the candidate exploration group bid floors within the bid floor range and select one or more of the candidate exploration group shading factors within the shading factor range; wherein the learning engine is configured simultaneously to optimize the shading factor, the bid floor, and a filter rate. 18.The hybrid, optimized exchange of claim 1, wherein the hybrid, optimized exchange logs training data generated by one or more of the hybrid, optimized DSP auction and the SSP auction; wherein the data comprises one or more of an advertising request source, an advertising request identifier that identifies a specific advertising request, an application identifier of the application that originated the advertising request, an advertising request country where the advertising request originated, a DSP name, a DSP auction type, an SSP auction type, an SSP bid floor, an advertising request timestamp, an advertising request format, a day of the week, a month of the year, a browser type, the optimized bid floor, the hybrid, optimized, shading factor, a clearing price of a winning bid from the DSPs, and an outcome of the hybrid, optimized SSP auction; wherein the learning engine is configured to use the data to determine one or more of the optimized bid floor and the optimized shading factor; wherein the learning engine is configured to use the data to determine both the optimized bid floor and the optimized shading factor; wherein the learning engine is configured to use the training data to determine both the optimized bid floor and the optimized shading factor for each of a plurality of preselected advertising request subsets; using the bid floor, to conduct the hybrid, optimized DSP auction; wherein the exchange controller is further configured to determine the winning DSP bid and the winning DSP; wherein the exchange controller is further configured to store the winning DSP bid and the winning DSP; wherein the exchange controller is further configured to store both the winning DSP bid and the winning DSP; wherein the exchange controller comprises an exploration controller configured to receive the advertising request; wherein the exploration controller is further configured randomly to assign the received advertising request into one of a plurality of advertising request groups; randomly to assign the received advertising request into one of three advertising request groups, 1) a baseline group comprising a default set of baseline advertising requests using one or more of a default bid floor and a default shading factor whose performance the exchange controller can compare to a performance of other advertising requests using one or more of the optimized bid floor and the optimized shading factor, 2) an exploration group comprising exploration advertising requests, the exploration group usable by the exploration controller to gather a useful set of training data regarding the advertising requests, and 3) an exploitation group comprising exploitation advertising requests, the exploitation group usable by the exploration controller to exploit one or more of the optimized bid floor and the optimized shading factor; wherein the exploration controller assigns a majority of the advertising requests to the exploitation group; wherein the exploration controller assigns approximately 10% of the advertising requests to the baseline group, the exploration controller assigns approximately 10% of the advertising requests to the exploration group, and the exploration controller assigns approximately 80% of the advertising requests to the exploitation group; wherein the exchange controller further comprises a bid parameter controller operably connected to the exploration controller, the bid parameter controller configured to determine one or more of an optimized bid floor usable in the hybrid, optimized DSP auction and an optimized shading factor usable in the SSP auction; wherein the exchange controller further comprises a request filter controller operably connected to the bid parameter controller, the request filter controller configured to determine whether to reject the advertising request or, alternatively, whether to pass the advertising request on to one or more DSPs; wherein the request filter controller receives from the bid parameter controller one or more of the bid floor and the shading factor for at least one DSP.; wherein the request filter controller, using the bid floor and the shading factor, determines whether to reject the advertising request or, alternatively, whether to pass the advertising request on to one or more DSPs; wherein the bid parameter controller obtains the one or more of the optimized bid floor and the optimized shading factor by making a bid parameter query; wherein the bid parameter query comprises a query for one or more of the optimized bid floor and the optimized shading factor for a given advertising request source, a given advertising request country, and a given SSP auction type; wherein the bid parameter query comprises a query for both the optimized bid floor and the optimized shading factor for the given advertising request source, the given advertising request country, and the given SSP auction type; wherein the bid parameter controller receives the advertising request groups from the exploration controller; wherein, using the advertising request groups, the bid parameter controller determines one or more of the optimized bid floor and the optimized shading factor; wherein, using the advertising request groups, the bid parameter controller determines both the optimized bid floor and the optimized shading factor. 42.The hybrid, optimized exchange of claim 1, further comprising a database, the database operably connected to the exchange controller. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of receiving an advertisement request and conduct an auction with bid floor in a hybrid optimized auction to generate a winning bid for an automated advertising auction. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
3. In reference to independent claims 1, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations steps found in the claims especially limitation that says: “request, the hybrid, optimized exchange further configured to conduct, using a bid floor, a hybrid, optimized DSP auction of the advertising request among a plurality of DSPs, thereby generating a winning DSP that makes a winning DSP bid in an automated advertising auction system after the SSP initiates an SSP auction of the advertising request, the hybrid, optimized exchange optimizing the bid floor provided to the plurality of DSPs in the hybrid, optimized DSP auction and simultaneously optimizing a shading factor used by the hybrid, optimized exchange to place a hybrid, optimized bid on behalf of the winning DSP in the SSP auction.”. No reference found that would teach the above limitation(s).
The first most relevant prior art identified by the Examiner is 20190197179. It teaches a hybrid computing system that delivers user targeted content based on header bidding and a bid for a given segment of user, but it does not teach bid floor and optimized dsp auction for advertising requests which provide content on the behalf of the winning dsp in the ssp auction. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
The second most relevant prior art identified by the Examiner is/are 20190172128. It teaches auctions and bids for listings, but it is missing the feature of bid floor and optimized dsp auction for advertising requests which provide content on the behalf of the winning dsp in the ssp auction. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
The third most relevant prior art found by the Examiner is 20190114677. It teaches online advertisement campaign strives to present online users with relevant advertisements to maximize a probability that the online user will take a conversation action on the presented advertisement and run an online advertisement bid auction, where advertisers bid on the opportunity to impress their advertisements on the webpage, but its missing the features of generating a composite image in response to satisfying a prescribed image generation condition based on face authentication and includes the captures image photographed at each of the plurality of points. Therefore, it lacks the combination of claimed elements as claimed by the independent claims.
All these references listed above teaches some of the features in the limitations of the claim but when combining it becomes not obvious and the references would teach the claim as a whole.
Examiner note: none of the references or combined references teach the combination of limitations of claim 1 or no reference found that would teaches the combination of limitations of claim 1, especially claim limitations: request, the hybrid, optimized exchange further configured to conduct, using a bid floor, a hybrid, optimized DSP auction of the advertising request among a plurality of DSPs, thereby generating a winning DSP that makes a winning DSP bid in an automated advertising auction system after the SSP initiates an SSP auction of the advertising request, the hybrid, optimized exchange optimizing the bid floor provided to the plurality of DSPs in the hybrid, optimized DSP auction and simultaneously optimizing a shading factor used by the hybrid, optimized exchange to place a hybrid, optimized bid on behalf of the winning DSP in the SSP auction, and which is an idea of ahybrid, optimized exchange is provided, the hybrid, optimized exchange operably connected to a demand-side platform (DSP), the hybrid, optimized exchange further operably connected to a supply-side platform (SSP), the hybrid, optimized exchange configured to receive an advertising request, the hybrid, optimized exchange further configured to conduct, using a bid floor, a hybrid, optimized DSP auction of the advertising request among a plurality of DSPs, thereby generating a winning DSP that makes a winning DSP bid in an automated advertising auction system after the SSP initiates an SSP auction of the advertising request, the hybrid, optimized exchange optimizing the bid floor provided to the plurality of DSPs in the hybrid, optimized DSP auction and simultaneously optimizing a shading factor used by the hybrid, optimized exchange to place a hybrid, optimized bid on behalf of the winning DSP in the SSP auction.
When taken as a whole, the claims are not rendered obvious as the available prior art does not suggest or otherwise render obvious the noted features nor does the available prior art suggest or otherwise render obvious further modification of the evidence at hand. Such modifications would require substantial reconstruction relying solely on improper hindsight bias, and thus would not be obvious.
NPL Reference
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “Bid shading in brave new world of first-price auction” describes “Online auctions play a central role in online advertising, and are one of the main reasons for the industry’s scalability and growth. With great changes in how auctions are being organized, such as changing the second- to rst-price auction type, advertisers and demand platforms are compelled to adapt to a new volatile environ ment. Bid shading is a known technique for preventing overpaying in auction systems that can help maintain the strategy equilibrium in rst-price auctions, tackling one of its greatest drawbacks. In this study, we propose a machine learning approach of modeling optimal bid shading for non-censored online rst-price ad auctions. We clearly motivate the approach and extensively evaluate it in both oine and online settings on a major demand side platform. The results demonstrate the superiority and robustness of the new approach as compared to the existing approaches across a range of performance metrics.”.
Pertinent Art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference# 20190043122 teaches similar invention which describes systems and methods for double real-time bidding at a brick and mortar store are disclosed. The systems may include a shopper tracking system for tracking a plurality of shoppers, an electronic sign for displaying messages offering products for auction, and a real-time bidding system for receiving bids to sell an offered product from a plurality of sellers and bids to purchase the product from the plurality of shoppers. Shopping behavior data may be collected by the shopper tracking system from the plurality of shoppers, and used by the real-time bidding system to select the messages offering products.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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