DETAILED ACTION
Status of the Application
Claims 1-19 are pending and currently under consideration for patentability under 37 CFR 1.104.
Priority
The instant application has a filing date of March 19, 2025 and claims for the benefit of a prior-filed foreign application number 202410324568.2 (CN) filed on March 30, 2024. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 27, 2026 has been considered by the examiner.
Abstracts only were provided for each of the cited foreign patent documents, and therefore only the abstracts were considered.
Claim Objections
Claim 18 is objected to because of the following informalities: the phrase -- The electronic device according to claim 1,-- should be deleted. Inclusion of this phrase is clearly an obvious typo (copy and paste error), as the claim already contains a proper reference to a claim previously set forth (the electronic device according to claim 11). Appropriate correction is required.
Claim 11 is objected to because of the following informalities: --executable-- should be inserted preceding “instructions” and --electronic-- should be inserted preceding “device” in the phrase “the instructions, when executed by the at least one processing unit, causing the device to perform acts comprising” to maintain consistency of terminology throughout the claims. Appropriate correction is required.
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.
v Claim(s) 1-19 is/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.
Step 1:
Claim(s) 1-10 is/are drawn to methods (i.e., a process), claim(s) 11-18 is/are drawn to an electronic device (i.e., a machine/manufacture), and claim(s) 19 is/are drawn to a non-transitory computer readable storage medium (i.e., a machine/manufacture). As such, claims 1-19 is/are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Claim 1 (representative of independent claim(s) 11 and 19) recites/describes the following steps;
receiving, from a service provider, structured service information related to a target service;
selecting, based on a content derivation rule related to the target service, at least one content style from a plurality of content styles;
generating, based on the structured service information, at least one recommended content item having the at least one selected content style, respectively, each recommended content item being used to present at least a portion of the structured information; and
presenting the at least one recommended content item to at least one user in a user group corresponding to the target service
These steps, under its broadest reasonable interpretation, describe or set-forth a process for generating and presenting a recommended content item (i.e., an advertisement) having a content style (e.g., layout, formatting, etc.) determined based on a rule related to a target service (e.g., category of the product/service being advertised). More specifically, the process comprises receiving, from a service provider, structured service information related to a target service; selecting, based on a content derivation rule related to the target service, at least one content style from a plurality of content styles; generating, based on the structured service information, at least one recommended content item having the at least one selected content style, respectively, each recommended content item being used to present at least a portion of the structured information; and presenting the at least one recommended content item to at least one user in a user group corresponding to the target service. This process amounts to a commercial or legal interactions (specifically, an advertising, marketing or sales activity or behavior). These limitations therefore fall within the “certain methods of organizing human activity” subject matter grouping of abstract ideas.
Additionally, and/or alternatively, each of the above-recited steps/functions, under their broadest reasonable interpretation, encompass a human manually (e.g., in their mind, or using paper and pen) performing one or more concepts performed in the human mind, such as one or more observations, evaluations, judgments, opinions, but for the recitation of generic computer components. If one or more claim limitations, under their broadest reasonable interpretation, covers performance of the limitation(s) in the mind but for the recitation of generic computer components, then it falls within the “mental processes” subject matter grouping of abstract ideas.
As such, the Examiner concludes that claim 1 recites an abstract idea (Step 2A – Prong One: YES).
Independent claim(s) 11 and 19 recite/describe nearly identical steps (and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis.
Each of the depending claims likewise recite/describe these steps (by incorporation - and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis. Any element(s) recited in a dependent claim that are not specifically identified/addressed by the Examiner under step 2A (prong two) or step 2B of this analysis shall be understood to be an additional part of the abstract idea recited by that particular claim. The same reasoning is similarly applicable to the limitations in the remaining dependent claims, and their respective limitations are not reproduced here for the sake of brevity.
Step 2A - Prong Two:
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “addition element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The claim(s) recite the additional elements/limitations of
“an electronic device, comprising: at least one processing unit; and at least one memory coupled to the at least one processing unit and storing instructions executable by the at least one processing unit, the instructions, when executed by the at least one processing unit, causing the device to perform acts comprising” (claim 11)
“a non-transitory computer-readable storage medium having stored thereon a computer program that, when executed by a processor, implements the acts comprising” (claim 19)
“wherein the at least one recommended content item comprises at least one of…a pop-up window related to the target service, or anchor content presented in association with a multimedia content in a feed” (claims 6 and 16)
The requirement to execute the claimed steps/functions using “an electronic device, comprising: at least one processing unit; and at least one memory coupled to the at least one processing unit and storing instructions executable by the at least one processing unit, the instructions, when executed by the at least one processing unit, causing the device to perform acts comprising” (claim 11) or “a non-transitory computer-readable storage medium having stored thereon a computer program that, when executed by a processor, implements the acts comprising” (claim 19) is equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. Applicant’s own disclosure explains that these “additional” elements may be embodied as a general-purpose computer (e.g., the published specification at paragraphs [0079]-[0085] “the electronic device 800 is in the form of a general-purpose computing device”).This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
The recited additional element(s) of “wherein the at least one recommended content item comprises at least one of…a pop-up window related to the target service, or anchor content presented in association with a multimedia content in a feed” (claims 6 and 16) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to particular forms of digital advertising. This reasoning was demonstrated in Bilski, where it was determined that certain claim elements limiting the basic concept of hedging to commodities and energy markets (merely limiting an abstract idea to one field of use) did not make the concept patentable. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(g)).
The recited element(s) of “receiving, from a service provider, structured service information related to a target service” (claims 1, 11, and 19) and “presenting the at least one recommended content item to at least one user in a user group corresponding to the target service” (claims 1, 11, and 19), even if considered to be an “additional” element for the purpose of the eligibility analysis, would simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea; mere post-solution activity in conjunction with an abstract idea). The term “extra-solution activity” is understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. The recited additional element(s) do are deemed “extra-solution” because all uses of the recited judicial exceptions require such data gathering and output, and because such data gathering and solution-outputting/transmission steps have long been held to be insignificant pre/post-solution activity. This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(h) and (g)).
Furthermore, although the claims recite a specific sequence of computer-implemented functions, and although the specification suggests certain functions may be advantageous for various reasons (e.g., business reasons), the Examiner has determined that the ordered combination of claim elements (i.e., the claims as a whole) are not directed to an improvement to computer functionality/capabilities, an improvement to a computer-related technology or technological environment, and do not amount to a technology-based solution to a technology-based problem. For example, Applicant’s published specification suggests that it is advantageous to implement the claimed business process because doing so can help to generate a product/service advertisement having a layout/configuration that is more likely to illicit a desired response (e.g., purchase, fill out a form) from the people to which it is presented and/or can reduce human labor by automating the generation of advertisements with a layout suitable for different distribution channels (see, for example, Applicant’s published disclosure at paragraphs [0030], [0035]-[0036] & [0052]-[0053]). These are non-technical business advantages/improvements. At most, the ordered combination of claim elements is directed to a non-technical improvement to an abstract idea itself (e.g., an improved process for generating an and presenting a recommended content item).
Dependent claims 2-5, 7-10, 12-15, 17, and 18 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims 2-5, 7-10, 12-15, 17, and 18 is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim). For example, claim 3 recites “wherein the structured service information comprises a plurality of types of information, and wherein respective one of the plurality of content styles specifies the use of information of at least one type of the plurality of types and a way of organizing the information of the at least one type”. This is an abstract limitation which further sets forth the abstract idea encompassed by claim 3. This limitation is not an “additional element”, and therefore it is not subject to further analysis under Step 2A- Prong Two or Step 2B. The same logic applies to each of the other dependent claims, whose limitations are not being repeated here for the sake of brevity and clarity. With respect to the other dependent claims not specifically listed here - each of the limitations/elements recited in these dependent claims other than those identified as being “additional” elements above (at the beginning of the Prong One analysis), are further part of the abstract idea encompassed by each respective dependent claim (i.e. it should be understood that these limitations are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B:
In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an "inventive concept." An "inventive concept" is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself. Alice Corp., 134 S. Ct. at 2355, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966)
As discussed above in “Step 2A – Prong 2”, the requirement to execute the claimed steps/functions using “an electronic device, comprising: at least one processing unit; and at least one memory coupled to the at least one processing unit and storing instructions executable by the at least one processing unit, the instructions, when executed by the at least one processing unit, causing the device to perform acts comprising” (claim 11) or “a non-transitory computer-readable storage medium having stored thereon a computer program that, when executed by a processor, implements the acts comprising” (claim 19) is equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. These limitations therefore do not qualify as “significantly more” (see MPEP 2106.05(f)).
As discussed above in “Step 2A – Prong 2”, the recited additional element(s) of “wherein the at least one recommended content item comprises at least one of…a pop-up window related to the target service, or anchor content presented in association with a multimedia content in a feed” (claims 6 and 16) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. These limitations therefore do not qualify as “significantly more” (see MPEP 2106.05(g)).
As discussed above in “Step 2A – Prong 2”, the recited element(s) of “receiving, from a service provider, structured service information related to a target service” (claims 1, 11, and 19) and “presenting the at least one recommended content item to at least one user in a user group corresponding to the target service” (claims 1, 11, and 19), even if considered to be an “additional” element for the purpose of the eligibility analysis, would simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea; mere post-solution activity in conjunction with an abstract idea). These additional element(s), taken individually or in combination, additionally amount to well-understood, routine and conventional activities previously known to the industry, specified at a high level of generality, appended to the judicial exception. These additional elements, taken individually or in combination, are well-understood, routine and conventional to those in the field of advertising. These limitations therefore do not qualify as “significantly more”. (see MPEP 2106.05(d)). This conclusion is based on a factual determination. The determination that receiving data/messages over a network is well-understood, routine, and conventional is supported by Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014), and MPEP 2106.05(d)(II), which note the well-understood, routine, conventional nature of receiving data/messages over a network. Furthermore, Examiner takes Official Notice that these steps were well-understood, routine, and conventional at the effective filing date of the claimed invention. Furthermore, the lack of technical detail/description in Applicant’s own specification provides implicit evidence that these steps were well-understood, routine, and conventional.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer, and generally link the abstract idea to a particular technological environment or field of use.
Dependent claims 2-5, 7-10, 12-15, 17, and 18 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims 2-5, 7-10, 12-15, 17, and 18 is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea identified by the Examiner to which each respective claim is directed).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is 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 the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
v Claim 10 recites "wherein the structured service information comprises other information required for generating the at least one recommended content item and/or delivering the at least one recommended content on the content delivery platform." There is insufficient antecedent basis for this limitation in the claim. Neither claim 1 nor claim 10 makes previous mention of a content delivery platform. For the purpose of examination, the phrase “wherein the structured service information comprises other information required for generating the at least one recommended content item and/or delivering the at least one recommended content on the content delivery platform” will be interpreted as being “wherein the structured service information comprises other information required for generating the at least one recommended content item and/or delivering the at least one recommended content on a content delivery platform.”
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
v Claims 1, 3-11, and 13-19 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Jha et al. (U.S. PG Pub No. 2007/0260520, November 8, 2007 - hereinafter "Jha”)
With respect to claims 1, 11, and 19, Jha teaches a method for content presentation, an electronic device, and a non-transitory computer-readable storage medium having stored thereon a computer program that, when executed by a processor, implements the acts ([0244]-[0245] “may be implemented using a computer having a central processing unit…Random Access Memory (RAM), Read Only Memory (ROM)…may be implemented using computer programming or engineering techniques including computer software, firmware, hardware or any combination or subset thereof. Any such resulting program, having computer-readable code means, may be embodied or provided within one or more computer-readable media, thereby making a computer program product”), comprising;
at least one processing unit; and (claim 11) ([0244]-[0245] “Embodiments described herein may be implemented using a computer having a central processing unit…”),
at least one memory coupled to the at least one processing unit and storing instructions executable by the at least one processing unit, the instructions, when executed by the at least one processing unit, causing the device to perform acts comprising (claim 11) ([0244]-[0245] “…Random Access Memory (RAM), Read Only Memory (ROM)…may be implemented using computer programming or engineering techniques including computer software, firmware, hardware or any combination or subset thereof. Any such resulting program, having computer-readable code means, may be embodied or provided within one or more computer-readable media, thereby making a computer program product”),
receiving, from a service provider, structured service information related to a target service ([0027]-[0030] “the present invention allow automatic creation of a rich set of ads for products and services from product/services feeds provided by merchants… processing a merchant…product catalog…The product feed 101a-101n provided by the merchant may be any structured data file or stream. Some merchants provide an XML file with an associated schema describing their feed semantics, where as others may provide a WebService API based access to their products and services…a software module termed feed transformer 110 may be written for each merchant that retrieves and parses the product feed from that merchant. Each data record in the feed may contain attributes of the product or service such as, for example, name, description, list price, UPC code and image URL. The feed transformer 110 converts them to a schema that is specific to the embodiment…create a normalized product catalog 104 that maps the information to a common semantics. The common semantics for the products and services may define all attributes that are necessary for creation of ads as will be discussed throughout this section…list price, description, merchant rating, product rating, product reviews and product images…Merchant's feed may contain the product's categories…the merchant product categories 106 are retrieved from the merchant's product feed using a category processor” – therefore the system receives from merchants (i.e., service providers – consistent with Applicant’s published disclosure at [0028] which explains service providers are advertisers and the merchants here are advertising their products/services) structured product/service feed data associated with a merchant’s product catalog (i.e. “structured service information related to a target service” – consistent with Applicant’s published disclosure at [0040] because the products/services in the product feed are services/products the merchant expects to recommend/advertise and it comprises information required to generate the recommendation/advertisement), see also [0006] “These catalogs (referred to herein as "merchant feeds") may be supplied in form of computer readable data files in structured formats including, for example: XML, Excel or CSV files. The feeds may be securely made available by the merchant using a computer accessible online protocol (e.g., HTTP, FTP, SMTP, etc.) and may also use advanced forms of XML protocols such as, for example WebServices API, or RSS feeds”, [0055]-[0068] “The following information about the product or service may be relevant to generating such ad content and may be available as a result of processing the merchant feed. (1) Name (2) Category (3) Description (4) Image URL (5) Price (6) Merchant name (7) Reviews/ratings (8) Sales rank etc. (9) Product landing page on a given merchant's web site (b) Ad for product or service category. The following information about the product or service category may be relevant to generating such ad content and may be available as a result of processing the merchant feed (1) Name of the category [0066] (2) Number of products in the category offered by a given merchant (3) Minimum, maximum, average price of the products in the category offered by a given merchant (4) Category landing page on a given merchant's web site”, see also [0135]-[0138] which disclose advertiser preferences including bids and/or other text elements for generating an ad)
selecting, based on a content derivation rule related to the target service, at least one content style from a plurality of content styles; ([0055]-[0071] “automatically generating the content of the product-related ads, from the product catalogs supplied by the merchants ("feeds")….ads may be created from products using visual creatives termed as ad-templates that determine the look and feel of the ads as well as any interactive features …An ad template…specifies how the above mentioned pieces of information may be combined automatically, at run-time, to generate the ad content for either the product-specific ad or the category-level ad a product-specific ad template may specify "two lines of product name, followed by 2 lines of product description, followed by product image, followed by price, followed by merchant name". Or, a category-level ad template may specify "2 lines of category name, followed by number of products, followed by average price, followed by merchant name"….Multiple ad templates may also be specified, along with rules that constraint or favor using of certain ad-templates with certain web sites, products or product categories. Embodiments of the present invention may apply the learning algorithms described above, including the modeling step and optimization step, to learn which ad templates perform better on which sites or to which users or for which products or product categories” – therefore the system selects at least one ad template from a plurality of ad templates (i.e., “content style from a plurality of content styles”) based on rules related to a category of the service/product being advertised (i.e., “based on a content derivation rule related to the target service”), [0076]-[0082] “ template selection system is also disclosed for creating online advertisements…may include a machine learning algorithm…visual presentation templates for displaying the ads from an inventory of several templates…one or more eligible ad templates are selected from a large inventory of available ad templates…ad-template can control the visual presentation aspects of displaying attributes of the product or category in the ad…can imply a restriction on the products or categories that can be displayed in the ad template..”)
generating, based on the structured service information, at least one recommended content item having the at least one selected content style, respectively, each recommended content item being used to present at least a portion of the structured information; and ([0055]-[0071] “automatically generating the content of the product-related ads, from the product catalogs supplied by the merchants ("feeds")….ads may be created from products using visual creatives termed as ad-templates that determine the look and feel of the ads as well as any interactive features …An ad template…specifies how the above mentioned pieces of information may be combined automatically, at run-time, to generate the ad content for either the product-specific ad or the category-level ad a product-specific ad template may specify "two lines of product name, followed by 2 lines of product description, followed by product image, followed by price, followed by merchant name". Or, a category-level ad template may specify "2 lines of category name, followed by number of products, followed by average price, followed by merchant name"….Multiple ad templates may also be specified, along with rules that constraint or favor using of certain ad-templates with certain web sites, products or product categories. Embodiments of the present invention may apply the learning algorithms described above, including the modeling step and optimization step, to learn which ad templates perform better on which sites or to which users or for which products or product categories” – therefore the system generates one or more product/service advertisements (i.e., “at least one recommended content item”) using the product/service information received from the merchant-advertiser (i.e., “based on the structured service information”) and using the selected ad template(s) (i.e., “having the at least one selected content style, respectively”) and each product/service ad therefore is used to present at least a portion of the structured information (e.g., product name, product description, product image, product price, merchant name, etc.), see also [0076]-[0082] “ template selection system is also disclosed for creating online advertisements…may include a machine learning algorithm…visual presentation templates for displaying the ads from an inventory of several templates…one or more eligible ad templates are selected from a large inventory of available ad templates…ad-template can control the visual presentation aspects of displaying attributes of the product or category in the ad…can imply a restriction on the products or categories that can be displayed in the ad template..”)
presenting the at least one recommended content item to at least one user in a user group corresponding to the target service ([0002] “described herein relate generally to online advertising, and more particularly to the targeting of goods and services-oriented advertising to visitors of web sites”, [0009] “the generation of advertisement may use presentation templates that determine the visual aspects of the rendered ad….shown to a specific visitor or a group of visitors on a certain web page or a group of web pages… advertised to a given user who may be visiting a given web page” – therefore the system presents the at least one generated ad to at least one user in a user group corresponding to the target service (e.g., user’s visiting a certain web page or group of web pages), [0012] “ targeting, generation, and serving of ads…may be performed by a publisher, advertiser, or a third party (e.g., an ad serving network), among other entity types”, [0034]-[0035] “product ad selection or targeting may be described as follows: `given a database of products, select specific products or groups of products (e.g. a category of products) to be displayed as advertisement on a given web page visit by a user…Content of the web page, where the advertisement is being displayed, may be analyzed to determine if it contains or is otherwise represented by one or more of the keywords of one or more of the products and/or categories in the database” [0083] “mechanism for merchants and businesses to reach their target audience”)
With respect to claims 3 and 13, Jha teaches the method of claim 1, and the device of claim 11;
wherein the structured service information comprises a plurality of types of information, and ([0027]-[0030] “ Each data record in the feed may contain attributes of the product or service such as, for example, name, description, list price, UPC code and image URL…list price, description, merchant rating, product rating, product reviews and product images…Merchant's feed may contain the product's categories…the merchant product categories 106 are retrieved from the merchant's product feed using a category processor” – therefore the structured product/service feed data associated with a merchant’s product catalog (i.e. “structured service information”) comprise a plurality of types of information (e.g., product/service name, image and/or image URL, product/service reviews, etc.), see also [0055]-[0068] “The following information about the product or service may be relevant to generating such ad content and may be available as a result of processing the merchant feed. (1) Name (2) Category (3) Description (4) Image URL (5) Price (6) Merchant name (7) Reviews/ratings (8) Sales rank etc. (9) Product landing page on a given merchant's web site (b) Ad for product or service category. The following information about the product or service category may be relevant to generating such ad content and may be available as a result of processing the merchant feed (1) Name of the category [0066] (2) Number of products in the category offered by a given merchant (3) Minimum, maximum, average price of the products in the category offered by a given merchant (4) Category landing page on a given merchant's web site”, see also [0135]-[0138] which disclose advertiser preferences including bids and/or other text elements for generating an ad)
wherein respective one of the plurality of content styles specifies the use of information of at least one type of the plurality of types and a way of organizing the information of the at least one type ([0055]-[0071] “…An ad template…specifies how the above mentioned pieces of information may be combined automatically, at run-time, to generate the ad content for either the product-specific ad or the category-level ad a product-specific ad template may specify "two lines of product name, followed by 2 lines of product description, followed by product image, followed by price, followed by merchant name". Or, a category-level ad template may specify "2 lines of category name, followed by number of products, followed by average price, followed by merchant name"….” – therefore the respective ones of the ad templates (i.e., “respective one of the plurality of content styles”) specify the use of information of at least one type of the plurality of types and a way of organizing the information of the at least one type, [0076]-[0082] “ …visual presentation templates for displaying the ads from an inventory of several templates…one or more eligible ad templates are selected from a large inventory of available ad templates…ad-template can control the visual presentation aspects of displaying attributes of the product or category in the ad.”, [0009] “generation of advertisement may use presentation templates that determine the visual aspects of the rendered ad. In one exemplary embodiment, a presentation template may specify which of the product attributes (e.g., Product Name, Price, Image, etc.) may be displayed in the ad and using what type of font, image size etc.)
With respect to claims 4 and 14, Jha teaches the method of claim 1, and the device of claim 11;
further comprising: detecting an update of the content derivation rule related to the target service; ([0009] & [0036]-[0037] “may use an algorithmic learning process to determine which products and services and/or presentation templates are likely to maximize certain measurable success parameters, when shown to a specific visitor or a group of visitors on a certain web page or a group of web pages. This learning along with other information may be used to select appropriate products and/or categories and/or presentation template to be advertised to a given user who may be visiting a given web page”…“Learning based algorithms…may learn over a period of time the products or product-groups that perform best as advertisements, as determined by one or more objective functions calculated for a given set of inputs to the learning process…objective functions…CTR may also be defined for a specific product, a product category, and ad-template.” – therefore the system’s internal content derivation rules (e.g., logic used to determine which ad-template to use for certain product/services and/or product/service categories, as discussed throughout) may be updated as part of the algorithmic learning process, see also [0053]-[0071] “popularity of…product categories, and ad templates may change with time… Multiple ad templates may also be specified, along with rules that constraint or favor using of certain ad-templates with certain web sites, products or product categories. Embodiments of the present invention may apply the learning algorithms described above, including the modeling step and optimization step, to learn which ad templates perform better on which sites or to which users or for which products or product categories”, [0076]-[0082] “ template selection system is also disclosed for creating online advertisements…may include a machine learning algorithm…visual presentation templates for displaying the ads from an inventory of several templates…one or more eligible ad templates are selected from a large inventory of available ad templates…ad-template can control the visual presentation aspects of displaying attributes of the product or category in the ad…can imply a restriction on the products or categories that can be displayed in the ad template..”)
in accordance with a determination that at least another content style for the target service is determined based on the updated content derivation rule, generating, based on the structured service information, at least another recommended content item having the at least another content style, respectively, each recommended content item being used to present at least a portion of the structured information; and ([0055]-[0071] “automatically generating the content of the product-related ads, from the product catalogs supplied by the merchants ("feeds")….ads may be created from products using visual creatives termed as ad-templates that determine the look and feel of the ads as well as any interactive features …An ad template…specifies how the above mentioned pieces of information may be combined automatically, at run-time, to generate the ad content for either the product-specific ad or the category-level ad a product-specific ad template may specify "two lines of product name, followed by 2 lines of product description, followed by product image, followed by price, followed by merchant name". Or, a category-level ad template may specify "2 lines of category name, followed by number of products, followed by average price, followed by merchant name"….Multiple ad templates may also be specified, along with rules that constraint or favor using of certain ad-templates with certain web sites, products or product categories. Embodiments of the present invention may apply the learning algorithms described above, including the modeling step and optimization step, to learn which ad templates perform better on which sites or to which users or for which products or product categories” – therefore the system generates one or more product/service advertisements (i.e., “at least one recommended content item”) using the product/service information received from the merchant-advertiser (i.e., “based on the structured service information”) and using the selected ad template(s) (i.e., “having the at least one selected content style, respectively”) and each product/service ad therefore is used to present at least a portion of the structured information (e.g., product name, product description, product image, product price, merchant name, etc.) – they system repeatedly serves ads and therefore as the system’s learning algorithm updates (and associated content derivation rules change) the system may determine another template should be used for a given product/service category and therefore generate other ads (content item) having different templates (content styles) using the same structured informaiton, see also [0076]-[0082] “ template selection system is also disclosed for creating online advertisements…may include a machine learning algorithm…visual presentation templates for displaying the ads from an inventory of several templates…one or more eligible ad templates are selected from a large inventory of available ad templates…ad-template can control the visual presentation aspects of displaying attributes of the product or category in the ad…can imply a restriction on the products or categories that can be displayed in the ad template..”)
presenting the at least another recommended content item to at least one user in the user group ([0002] “described herein relate generally to online advertising, and more particularly to the targeting of goods and services-oriented advertising to visitors of web sites”, [0009] “the generation of advertisement may use presentation templates that determine the visual aspects of the rendered ad….shown to a specific visitor or a group of visitors on a certain web page or a group of web pages… advertised to a given user who may be visiting a given web page” – therefore the system presents the at least one generated ad to at least one user in a user group corresponding to the target service (e.g., user’s visiting a certain web page or group of web pages), [0012] “ targeting, generation, and serving of ads…may be performed by a publisher, advertiser, or a third party (e.g., an ad serving network), among other entity types”, [0034]-[0035] “product ad selection or targeting may be described as follows: `given a database of products, select specific products or groups of products (e.g. a category of products) to be displayed as advertisement on a given web page visit by a user…Content of the web page, where the advertisement is being displayed, may be analyzed to determine if it contains or is otherwise represented by one or more of the keywords of one or more of the products and/or categories in the database” [0083] “mechanism for merchants and businesses to reach their target audience”)
With respect to claims 5 and 15, Jha teaches the method of claim 1, and the device of claim 11;
wherein presenting the at least one recommended content item to the at least one user in the user group corresponding to the target service comprises: providing the at least one generated recommended content item to a content delivery platform; and ([0012] “ targeting…and serving of ads…may be performed by a publisher, advertiser, or a third party (e.g., an ad serving network), among other entity types” – therefore the generated ad may be provided to an ad serving network (i.e., “content delivery platform”) for targeting/serving of the ads), see also [0026] for ad server serving the ad)
selecting, using the content delivery platform and based on a content delivery strategy, one or more recommended content items from the at least one recommended content item for delivery to the at least one user in the user group ([0009] “may use an algorithmic learning process to determine which products and services and/or presentation templates are likely to maximize certain measurable success parameters, when shown to a specific visitor or a group of visitors on a certain web page or a group of web pages. This learning along with other information may be used to select appropriate products and/or categories and/or presentation template to be advertised to a given user who may be visiting a given web page” – therefore the system selects, based on a content delivery strategy, one or more recommended content items from the at least one recommended content item for delivery to the at least one user in the user group, [0012] “ targeting…and serving of ads…may be performed by…a third party (e.g., an ad serving network), among other entity types” - selection by the content delivery platform, [0034]-[0035] “product ad selection or targeting may be described as follows: `given a database of products, select specific products or groups of products (e.g. a category of products) to be displayed as advertisement on a given web page visit by a user…Content of the web page, where the advertisement is being displayed, may be analyzed to determine if it contains or is otherwise represented by one or more of the keywords of one or more of the products and/or categories in the database” – based on content delivery strategy, [0083] “mechanism for merchants and businesses to reach their target audience” – based on content delivery strategy, see also [0048]-[0052] & [0128]-[0130] & [0135]-[0136] “ad server…target ads based on the parameters…selecting…ads that may be relevant…targeting algorithm…advertiser preference…bid price…”)
With respect to claims 6 and 16, Jha teaches the method of claim 1, and the device of claim 11;
wherein the at least one recommended content item comprises at least one of: a service details page of the target service, a pop-up window related to the target service, or anchor content presented in association with a multimedia content in a feed ([0131] “Advertisement or ad may refer to any piece of text, image, audio, video, or any combination…advertisement may be displayed…in another browser window as a pop-up, pop-over, pop-off, pop-under, etc. Advertisement may include information about an entity referred to as an advertiser. Advertisement may also include a hyperlink to a web page on advertiser's web site, referred to as advertiser landing page, such that if a user selects the advertisement, the advertiser landing page is displayed to him/her.” - the at least one recommended content item comprises at least a pop-up window related to the target service, [0055]-[0071] “…An ad template…specifies how the above mentioned pieces of information may be combined automatically, at run-time, to generate the ad content for either the product-specific ad or the category-level ad a product-specific ad template may specify "two lines of product name, followed by 2 lines of product description, followed by product image, followed by price, followed by merchant name". Or, a category-level ad template may specify "2 lines of category name, followed by number of products, followed by average price, followed by merchant name"….” – therefore may also be a service details page of the target service, [0107]-[0110] may be displayed in social media (i.e., as “anchor content presented in association with a multimedia content in a feed”)
With respect to claims 7, 17, and 18, Jha teaches the method of claim 1, and the device of claim 11;
wherein one or more of the at least one recommended content item comprise a form for collecting predetermined form information ([0113]-[0114] “the present invention enable users to endorse advertised products, services or businesses in the browser context of the website where they see the ad…a user is presented with a link…Upon requesting the link 602…the display of the ad is repainted to allow the user to add a new endorsement as depicted in FIG. 8. The user is presented with the selected product details 801, an editable form 802 to collect user's identification details as well as a form 803 to collect endorsement details such as, for example endorsement text.” – therefore the ad comprises a form for collecting predetermined form information)
With respect to claim 8, Jha teaches the method of claim 1;
wherein the structured service information related to the target service received from the service provider is stored in a service library ([0007] “In one embodiment, the merchant specific feed file may be transformed using a merchant specific data transformer software module to an internal standard format that is written to a relational database.” – therefore the structured service information related to the target service received from the service provider is stored in a relational database of product/service data (i.e., a “service library”), [0011] “from the product database…”, see also [0034]-[0035]))
With respect to claim 9, Jha teaches the method of claim 1;
wherein the target service comprises a service that the service provider expects to recommend ([0027]-[0030] “the present invention allow automatic creation of a rich set of ads for products and services from product/services feeds provided by merchants… processing a merchant…product catalog… Each data record in the feed may contain attributes of the product or service such as, for example, name, description, list price, UPC code and image URL….The common semantics for the products and services may define all attributes that are necessary for creation of ads as will be discussed throughout this section…list price, description, merchant rating, product rating, product reviews and product images…Merchant's feed may contain the product's categories…the merchant product categories 106 are retrieved from the merchant's product feed using a category processor” –the products/services associated with a merchant’s product catalog comprise a product/service the merchant expects to advertised, see also [0055]-[0068] “The following information about the product or service may be relevant to generating such ad content and may be available as a result of processing the merchant feed. (1) Name (2) Category (3) Description (4) Image URL (5) Price (6) Merchant name (7) Reviews/ratings (8) Sales rank etc. (9) Product landing page on a given merchant's web site (b) Ad for product or service category. The following information about the product or service category may be relevant to generating such ad content and may be available as a result of processing the merchant feed (1) Name of the category [0066] (2) Number of products in the category offered by a given merchant (3) Minimum, maximum, average price of the products in the category offered by a given merchant (4) Category landing page on a given merchant's web site”, see also [0135]-[0138] which disclose advertiser preferences including bids and/or other text elements for generating an ad)
With respect to claim 10, Jha teaches the method of claim 1;
wherein the structured service information comprises other information required for generating the at least one recommended content item and/or delivering the at least one recommended content on the content delivery platform ([0027]-[0030] “the present invention allow automatic creation of a rich set of ads for products and services from product/services feeds provided by merchants… processing a merchant…product catalog… Each data record in the feed may contain attributes of the product or service such as, for example, name, description, list price, UPC code and image URL….The common semantics for the products and services may define all attributes that are necessary for creation of ads as will be discussed throughout this section…list price, description, merchant rating, product rating, product reviews and product images…Merchant's feed may contain the product's categories…the merchant product categories 106 are retrieved from the merchant's product feed using a category processor” –the products/services information associated with a merchant’s product catalog (i.e., the structured service information) comprise a variety of other information required for generating an advertisement (i.e., “recommended content item”) such as name, description, list price, UPC code and image URL and may also include product category which is other information used for both generating and delivering the ad, [0012] using content delivery platform
Claim Rejections - 35 USC § 103
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
v Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jha et al. (U.S. PG Pub No. 2007/0260520, November 8, 2007 - hereinafter "Jha”) in view of Arnold (U.S. PG Pub No. 2003/0048294, March 13, 2003 - hereinafter "Arnold”)
With respect to claims 2 and 12, Jha teaches the method of claim 1, and the device of claim 11,
further comprising: detecting an update of the structured service information by the service provider; ([0054] “learning data may be adjusted upon detection of some event such as a price change”)
Jha does not appear to disclose,
in response to detecting the update of at least a portion of information in the structured service information, determining whether the at least one recommended content item is defined to present the at least a portion of information;
in response to determining that a first recommended content item in the at least one recommended content item is defined to present the at least a portion of information, updating the first recommended content item; and
presenting the updated first recommended content item to the at least one user in the user group
However, Arnold discloses a system for programmatically generating ads using ad templates that are selected based on a category associated with the product/service being advertised ([0038] & [0045] & [0019] & [0047]) and wherein the selected template has defined locations to display certain pieces of information from structured information received from a merchant ([0047] “The badge generation component has an application programming interface (API) that allows the calling program to load a template for use, assign values to placeholders represented by the bounding boxes, and create a badge output file…template has a background image and XML representing bounding boxes for the business name, the city/state of the business, and an overlaid image. When the template is selected, the badge generation component's API is used to load the template (specified with its file name, such as PizzaRestaurants001.jpg) for use. Then, the API is used to specify information about the business derived from its listing 58 or other provided information. For example, the API would be used to specify the business name provided as a string, such as John's Pizza Restaurant, the address provided as a string, such as 1 Main Street, the city and state each provided as a string, a phone number provided as an unformatted string, and an image file name, such as a savings coupon provided as a path/file name of the file, such as C:.backslash.BadgeImagery.backslash.D- ollarOff.jpg”) Arnold further discloses detecting an update of the structured service information by the service provider ([0058] “A merchant's name or…information may change over time. If the system learns that information about a merchant has changed, whether from notice from the merchant, or though automated means…”). Arnold further discloses
in response to detecting the update of at least a portion of information in the structured service information, determining whether the at least one recommended content item is defined to present the at least a portion of information; ([0058] “If the system learns that information about a merchant has changed, whether from notice from the merchant, or though automated means, the system updates the business listing information 63, and also uses the MerchantID to look up information to determine if the merchant has a display ad 64. If so 65, the system gets the current badge including the template and the listing information for the business 66. It then compares the data fields in each of the template's bounding boxes with information in the request 68. If the information that is changed is not displayed 72, no further action is required 74 (this could occur, for example, if the phone number changed but the phone number was not listed on the display ad). If the changed information is listing data that is associated with a data field 70, the system uses the new information to automatically regenerate the ad by repeating the badge creation process”).
in response to determining that a first recommended content item in the at least one recommended content item is defined to present the at least a portion of information, updating the first recommended content item; and presenting the updated first recommended content item to the at least one user in the user group ([0058] “If the changed information is listing data that is associated with a data field 70, the system uses the new information to automatically regenerate the ad by repeating the badge creation process” – therefore in response to determining that a previously generated/displayed ad is defined to include a specific piece of information that has changed, the system dynamically updates the ad top include this information (badge creation process detailed in [0038]-[0056] which discloses just-in-time or other versions of dynamically loading specific pieces of structured information into template placeholders), see also [0023] & [0005]-[0006] “creation of display ads, and the regeneration of display ads….If information about a merchant changes and that information is part of the display ad, the embodiment of the system provides for the automated regeneration of the display ad as needed”, [0042] “regenerate an ad before it is displayed” therefore updated ad is presented after regeneration)
Arnold suggests it is advantageous to include, in response to detecting the update of at least a portion of information in the structured service information, determining whether the at least one recommended content item is defined to present the at least a portion of information; in response to determining that a first recommended content item in the at least one recommended content item is defined to present the at least a portion of information, updating the first recommended content item; and presenting the updated first recommended content item to the at least one user in the user group, because doing so can ensure the advertisement presented to the at least one user comprises the most up-to-date information while using a programmatic mechanism that reduced human labor/effort needed to make such updates ([0005]-[0006] & [0023] & [0058]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method and device of Jha to include, in response to detecting the update of at least a portion of information in the structured service information, determining whether the at least one recommended content item is defined to present the at least a portion of information; in response to determining that a first recommended content item in the at least one recommended content item is defined to present the at least a portion of information, updating the first recommended content item; and presenting the updated first recommended content item to the at least one user in the user group, as taught by Arnold, because doing so can ensure the advertisement presented to the at least one user comprises the most up-to-date information while using a programmatic mechanism that reduced human labor/effort needed to make such updates.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Eyal et al. (U.S. PG Pub No. 2020/0302488, September 24, 2020) teaches receiving structured product/service data from one or more merchants ([0023]-[0024], [0035]-[0037], [0050]), selecting one or more templates to use for generating one or more product/service ads based on the product/service category associated with the product/service being advertised ([0023], [0040], [0055]-[0062], [0046]-[0048]), and displaying the ads in various formats/locations ([0021]). Also suggests a merchant may change info and updates may take place ([0037]).
Khoury et al. (U.S. PG Pub No. 2021/0042796, February 11, 2021) teaches receiving structured product/service data from one or more merchants ([0098], [0105]-[0106], [0113], [0116]) and automatically selecting an appropriate template to use for generating one or more product/service ads based on the product/service category associated with the product/service being advertised ([0091], [0099], [0114]),
Hendin et al. (U.S. PG Pub No. 2018/0053244, February 22, 2018) teaches selecting optimal ad templates based on various product/service data, including category, and dynamically updating a generated ad in response to detected changes in merchant product/service information.
Reinshagen (U.S. PG Pub No. 2014/0114760 April 24, 2014) teaches dynamically updating a presented ad in response to detected changes in merchant product/service information.
Conclusion
No claim is allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DETWEILER whose telephone number is (571)272-4704. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached at telephone number (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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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621