Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgments
The application filed on 04/01/2025 is acknowledged.
Status of Claims
Claims 1-20 are pending.
Claims 1-20 are rejected.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) and/or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Specifically, Applicant claims priority under 35 U.S.C. 119(e) to provisional application no. 63/572,613 filed on 04/01/2024.
Information Disclosure Statement
The information disclosure statement filed on 10/10/2025 was considered except for CN 109242258 and CN 116940954 (foreign patent documents #1 and # 7), which were not considered because no English language translation, English language abstract, or concise explanation of relevance was provided for them (duplicates of these foreign language documents were submitted). 37 CFR 1.98(a)(3), MPEP 609.05(a).
In addition, it is noted that for TW 1619085 (foreign patent document #13), an English language abstract was received, but an English language translation of the entire document was not received. The English language abstract was considered.
In addition, it is noted that a review of the NPL documents suggests that some of the NPL documents may be incomplete. However, the NPL documents as received were considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5), and the specification is objected to, because:
The following reference numeral appears in the figures but not in the specification as filed:
Fig. 1: 140
Corrected drawing sheets in compliance with 37 CFR 1.121(d) and/or amendment to the specification, as applicable, are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14 recites:
The non-transitory computer-readable medium of claim 13, the one or more processors further configured to:
Claim 14 depends from claim 8, via claims 9, 10, 12 and 13. In light of these claims, it is seen that there is no antecedent basis for the language underlined above (namely, "the one or more processors further configured to:"). This is understood to be a clerical error. It is understood that Applicant intended to recite "the plurality of processor-executable instructions further to:" instead of the underlined language, consistent with base claim 8 and the pertinent claims that depend from claim 8, namely, claims 10 and 12. Because this is apparently a mere oversight and Applicant's intention is deemed clear, a rejection under 35 U.S.C. 112(b) is not issued in this regard.
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.
Claims 1-20 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.
Claims 1-20 are directed to a device, non-transitory computer-readable medium, or method, which are/is one of the statutory categories of invention. (Step 1: YES)
Claims 1, 8 and 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite a device, non-transitory computer-readable medium, and method for facilitating generation of content for marketing outreach to (potential) customers (see specification at 0002-0003, 0017-0019).
For claims 1, 8 and 15 (claim 1 being deemed representative), the limitations (indicated below in bold) of:
one or more processors configured to:
provide a dashboard to a client;
receive, via the dashboard, industry information related to the client;
identify a set of search terms based at least partly on the industry information; and
generate an industry profile based at least partly on the set of search terms.
as drafted, constitute a process that, under the broadest reasonable interpretation, covers "certain methods of organizing human activity," specifically, "fundamental economic practices or principles" and/or "commercial or legal interactions," but for recitation of generic computer components. The Examiner notes that "fundamental economic practices" or "fundamental economic principles" describe concepts relating to the economy and commerce, including hedging, insurance, and mitigating risks, and "commercial interactions" or "legal interactions" include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. MPEP 2106.04(a)(2)II.A.,B. If a claim limitation, under its broadest reasonable interpretation, covers "fundamental economic practices or principles" and/or "commercial or legal interactions," but for recitation of generic computer components, then it falls within the "certain methods of organizing human activity" grouping of abstract ideas. Accordingly, claims 1, 8 and 15 recite an abstract idea. (Step 2A - Prong 1: YES. The claims recite an abstract idea.)
This judicial exception is not integrated into a practical application. Claims 1, 8 and 15 recite the additional elements of "provide a dashboard" and "via the dashboard" (the foregoing recited in claims 1, 8 and 15), "one or more processors configured to:" (the foregoing recited in claim 1), and "A non-transitory computer-readable medium, storing a plurality of processor-executable instructions to:" (the foregoing recited in claim 8 ), that implement the abstract idea. These additional elements are not described by the applicant and they are recited at a high level of generality (i.e., one or more generic computer elements performing generic computer functions), such that they amount to no more than mere instructions to apply the exception using generic computer elements. Accordingly, even in combination these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. (Step 2A - prong 2: NO. The additional elements do not integrate the abstract idea into a practical application.)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of "provide a dashboard" and "via the dashboard" (the foregoing recited in claims 1, 8 and 15), "one or more processors configured to:" (the foregoing recited in claim 1), and "A non-transitory computer-readable medium, storing a plurality of processor-executable instructions to:" (the foregoing recited in claim 8 ), to perform the noted steps amount to no more than mere instructions to apply the exception using generic computer elements. Mere instructions to apply an exception using generic computer elements cannot provide an inventive concept ("significantly more"). Accordingly, even in combination, these additional elements do not provide significantly more. As such, claims 1, 8 and 15 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more.)
Dependent claims 2-7, 9-14 and 16-20 are similarly rejected because they further define/narrow the abstract idea of independent claims 1, 8 and 15 as discussed above, and/or do not integrate the abstract idea into a practical application or provide an inventive concept such as would render the claims eligible, whether each is considered individually or as an ordered combination.
As for further defining/narrowing the abstract idea:
Dependent claims 2, 9 and 16 merely further describe wherein the industry profile comprises a listing of frequently asked questions (FAQs) associated with the set of search terms.
Dependent claims 3, 10 and 17 merely further describe generate an interview script based at least partly on the listing of FAQs; provide … a prompt for each FAQ in the listing of FAQs; and capture a response to the prompt.
Dependent claims 4, 11 and 18 merely further describe wherein each of the responses comprises … content of the client.
Dependent claims 5, 12 and 19 merely further describe generate … content based at least partly on the responses; and distribute the … content ….
Dependent claims 6 and 13 merely further describe wherein generating the interview script comprises applying … to the listing of FAQs.
Dependent claims 7 and 14 merely further describe collect feedback and based at least partly on the collected feedback.
Dependent claim 20 merely further describes at least partly generating the interview script by applying … to the listing of FAQs, collecting feedback, and based at least partly on the collected feedback.
As for additional elements:
Dependent claim 3 recites "the one or more processors further configured to:" and "via the dashboard." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claims 4, 11 and 18 recite "audiovisual." This recitation is at a high level of generality such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 5 recites "the one or more processors further configured to:"; "multimedia"; and "at least one presentation resource." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element (namely, "the one or more processors further configured to:" and "at least one presentation resource.") or such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (namely, "multimedia"). Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claims 6 and 13 recite "machine learning model." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element or alternatively such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 7 recites "the one or more processors further configured to:"; "the at least one presentation resource"; and "train the machine learning model." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element (namely, "the one or more processors further configured to:"; "at least one presentation resource"; and "train the machine learning model") or such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (namely, "train the machine learning model"). (The limitation "train the machine learning model" may be grouped under "mere instructions to apply the exception using a generic computer element" or alternatively under "generally linking the use of a judicial exception to a particular technological environment or field of use.") Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 10 recites "the plurality of processor-executable instructions further to:" and "via the dashboard." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 12 recites "the plurality of processor-executable instructions further to:"; "multimedia"; and "at least one presentation resource." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element (namely, "the plurality of processor-executable instructions further to:" and "at least one presentation resource") or such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (namely, "multimedia"). Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 14 recites "the plurality of processor-executable instructions further to:"; "the at least one presentation resource"; and "train the machine learning model." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element (namely, "the plurality of processor-executable instructions further to:"; "at least one presentation resource"; and "train the machine learning model") or such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (namely, "train the machine learning model"). (The limitation "train the machine learning model" may be grouped under "mere instructions to apply the exception using a generic computer element" or alternatively under "generally linking the use of a judicial exception to a particular technological environment or field of use.") Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 17 recites "via the dashboard." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element. Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 19 recites "multimedia"; and "at least one presentation resource." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element (namely, "at least one presentation resource.") or such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (namely, "multimedia"). Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claim 20 recites "machine learning model"; "the at least one presentation resource"; and "training the machine learning model." This recitation is at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer element (namely, "machine learning model"; "the at least one presentation resource"; and "training the machine learning model") or such that it amounts to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (namely, "machine learning model" and "training the machine learning model"). (The limitations "machine learning model" and "training the machine learning model" may be grouped under "mere instructions to apply the exception using a generic computer element" or alternatively under "generally linking the use of a judicial exception to a particular technological environment or field of use.") Even in combination these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself.
Dependent claims 2, 9, and 16 do not recite any additional elements, and accordingly, for the reasons provided above with respect to the independent claims, are not patent eligible.
Therefore, dependent claims 2-7, 9-14 and 16-20 are not patent eligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Gearhart 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.
Claims 1-5, 8-12 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gearhart et al. (U.S. Patent Application Publication No. 2023/0086901 A1), hereafter Gearhart, in view of Hjelming et al. (U.S. Patent Application Publication No. 2014/0149379 A1), hereafter Hjelming.
Regarding Claims 1, 8 and 15
Gearhart teaches:
(claim 1) one or more processors configured to: (0116 "FIG. 6 shows the directory method full video script generation process. In this figure, the vendor has already accessed the presentation module [of the listing site, shown in Fig. 1, not numbered, see 0062] and has chosen an option to record a full video. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module"; 0118 "The functions above [i.e., Fig. 6, 6020, 0118] can be done manually or by a software program." -- software running on the listing site to perform the disclosed operations, e.g., 6020, teaches "one or more processors configured to:"; note, more comprehensively, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010, teach that the vendor starts the entire processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the entire creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "one or more processors configured to:" with respect to the entire video creation process.)
(claim 8) A non-transitory computer-readable medium, storing a plurality of processor-executable instructions to: (0116 "FIG. 6 shows the directory method full video script generation process. In this figure, the vendor has already accessed the presentation module [of the listing site, shown in Fig. 1, not numbered, see 0062] and has chosen an option to record a full video. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module"; 0118 "The functions above [i.e., Fig. 6, 6020, 0118] can be done manually or by a software program." -- software running on the listing site to perform the disclosed operations, e.g., 6020, teaches "A non-transitory computer-readable medium, storing a plurality of processor-executable instructions to:"; note, more comprehensively, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010, teach that the vendor starts the entire processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the entire creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "A non-transitory computer-readable medium, storing a plurality of processor-executable instructions to:" with respect to the entire video creation process.)
provide a dashboard (0102, Fig. 4, presentation module) to a client; (0062 "The listing site contains a home page 1000 that introduces a vendor, interviewer, and end user to the presentation module and contains a menu that shows the listing site navigation." 0087, 0097, 0109, 0116 vendor accesses presentation module)
receive, via the dashboard, industry information related to the client; (Fig. 6, 6010, 0117-0118, e.g., "The vendor starts the process 6000 by providing the media content sites where their content resides 6010. … The vendor may also provide the parameters on their target demographic or other information. [0018] … Alternately, the vendor can submit just the name of the entity, the given vendor type can be determined, and the media sites to be analyzed can be determined using that."; regarding via the dashboard: as per 0116, operation 6010 is performed by the vendor via the presentation module, which the vendor has accessed)
identify a set of search terms based at least partly on the industry information; and (Fig. 6, 6020, 0118-0119, "The vendor is classified into a given vendor type, and media sites 6020 are analyzed for key words and key phrases that are present in the content sites the vendor has provided. … [0019] The key words and key phrases identified in 6020 are used to search media and search engines for questions using the key words and key phrases.")
…
Gearhart teaches generating an interview script based on FAQs derived from or obtained based on search terms, where the search terms pertain to a specific industry (e.g., surfboarding), see 0117-0121, Fig. 6, 6030, 6050, and thus Gearhart teaches "generate … based at least partly on the set of search terms."
In addition, Gearhart teaches a vendor profile, see 0070, 0091, Fig. 2, 2070 (dedicated vendor profile page).
However, Gearhart does not explicitly disclose an "industry profile."
Therefore, Gearhart does not explicitly teach a "generate an industry profile based at least partly on the set of search terms." However, Hjelming remedies this deficiency.
Hjelming teaches:
generate an industry profile based at least partly on the set of search terms. (Abstract, 0001-0004, claims 1, 12, 18, Fig. 3: regarding an industry profile: Hjelming teaches "business micro sites, also called business profile web pages" (claim 1, 0002), which include a questions and answers (A&A) section (0001, 0004). The micro site "lists local and related businesses ranked by SIC (Standard Industry Code)" (0003), and includes a ”local and related businesses content section … comprising: [a section listing other micro sites related by SIC (Standard Industry Code)]" (claim 18). "The Q&A section [embedded in the micro site] contains content about the business, product(s) and location (city, state) and also contains embedded contextual web links that links to similar content within the same business vertical determined by SIC (Standard Industry Code)." (Abstract). Thus, Hjelming's micro site and/or the micro site's Q&A section teaches the recited "industry profile." regarding based at least partly on the set of search terms: "Micro sites may also contain a questions and answers (Q&A) text content section that further enhances the localization relevance and keyword matching which improves page rank on search engines. The Q&A is built primarily to flag localized relevance for search engines index spiders, but this section also provides human readable and formatted content relevant for web consumption. … Its purpose is to provide relevant local keywords in the content. The technique auto-generates pages for local search relevance, thus achieving top search engine ranking for business relevant keywords within each SIC (Standard Industry Code) category. Since the technique utilizes … highly localized keyword selection within the actual web page content …." (0004), "A special questions and answers content section [in the micro site] … comprising: … links embedded in each question and answer, comprising: … each html link contains business selected keywords within its text field;" (claim 12, see Fig. 3) -- inasmuch as the micro site/Q&A section is generated for the purpose of providing relevant keywords and thus keywords are intentionally included in the content of the micro site/Q&A section, the micro site/Q&A section is generated based at least partly on the set of search terms (note also the term "keyword" refers to "keywords that customers actually use to find local businesses" (0001), i.e., a keyword is a search term); regarding generated: "This system provides a web site [micro site] …. It does this by providing a web page [micro site] containing the proprietary Question & Answer content section (Abstract); "The purpose with this invention is to automatically build relevant local area pages called micro sites …. YouInWeb has generated millions business profile web pages called micro sites" (0002); "The technique auto-generates pages" (0004))
It would have been obvious to one of ordinary skill in the art not later than the effective filing date of the claimed invention to have modified Gearhart's video business directory (directory of videos profiling businesses for presenting the businesses to consumers), by incorporating therein these teachings of Hjelming regarding generating business profile micro sites including Q&A sections based on search terms, because providing such micro sites to businesses would improve their page rank on search engines (improve their page rank position in search results), which is a particular problem for small to medium sized local businesses, see Hjelming, 0001-0008.
Regarding Claims 2, 9 and 16
Gearhart in view of Hjelming teaches the limitations of base claims 1, 8 and 15 as set forth above.
Gearhart teaches generating an interview script based on FAQs derived from or obtained based on search terms, where the search terms pertain to a specific industry (e.g., surfboarding), see 0117-0121, Fig. 6, 6030, 6050, and thus Gearhart teaches "… a listing of frequently asked questions (FAQs) associated with the set of search terms", but Gearhart does not explicitly disclose an "industry profile." However, Hjelming further teaches:
wherein the industry profile comprises a listing of frequently asked questions (FAQs) associated with the set of search terms. (Abstract, 0001-0004, claims 1, 12, 22: "This system provides a web site [micro site] … providing a web page [micro site] containing the proprietary Question & Answer content section ... The Q&A section contains content about the business, product(s) and location (city, state) and also contains embedded contextual web links that links to similar content within the same business vertical determined by SIC (Standard Industry Code)." (Abstract); "Micro sites may also contain a questions and answers (Q&A) text content section that further enhances the localization relevance and keyword matching which improves page rank on search engines. The Q&A is built primarily to flag localized relevance for search engines index spiders, but this section also provides human readable and formatted content relevant for web consumption. The Q&A section lists ten or more questions about each business. Its purpose is to provide relevant local keywords in the content. The technique auto-generates pages for local search relevance, thus achieving top search engine ranking for business relevant keywords within each SIC (Standard Industry Code) category. Since the technique utilizes … highly localized keyword selection within the actual web page content …." (0004); "A special questions and answers content section … comprising: … links embedded in each question and answer, comprising: … each html link contains business selected keywords within its text field;" (claim 12, see Fig. 3). As per Abstract and 0004, Hjelming's micro site and/or its Q&A section teaches "the industry profile comprises a listing of frequently asked questions (FAQs)." As per 0004 and claim 12, Hjelming teaches "wherein the industry profile comprises a listing of frequently asked questions (FAQs) associated with the set of search terms.")
It would have been obvious to one of ordinary skill in the art not later than the effective filing date of the claimed invention to have modified the combination of Gearhart's video business directory (directory of videos profiling businesses for presenting the businesses to consumers), as modified by Hjelming's teachings regarding generating business profile micro sites including Q&A sections based on search terms, by incorporating therein these further teachings of Hjelming regarding the business profile micro sites including Q&A sections based on search terms, because providing such micro sites to businesses would improve their page rank on search engines (improve their page rank position in search results), which is a particular problem for small to medium sized local businesses, see Hjelming, 0001-0008.
Regarding Claims 3, 10 and 17
Gearhart in view of Hjelming teaches the limitations of base claims 1, 8 and 15 and intervening claims 2, 9 and 16 as set forth above. Gearhart further teaches:
(claim 3) the one or more processors further configured to: (0116 "FIG. 6 shows the directory method full video script generation process. In this figure, the vendor has already accessed the presentation module [of the listing site, shown in Fig. 1, not numbered, see 0062] and has chosen an option to record a full video. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module"; 0118 "The functions above [i.e., Fig. 6, 6020, 0118] can be done manually or by a software program." -- software running on the listing site to perform the disclosed operations, e.g., script generation, e.g., 6020, teaches "one or more processors configured to:" with respect to "generate an interview script based at least partly on the listing of FAQs;"; further, 0108-0110 ("[0109] The process starts 5000 when the vendor accesses the presentation module 5010. The option is chosen to record a full video 5020. In the preferred embodiment, the option is a feature on the presentation module and preferably on the listing site." [0110] … a mobile or web-based application 5080 as the interviewer."; 0114-0115 ("If the vendor chooses to use a mobile or web-based application 5080 to generate their full video, they access the software and record an interview as a full video 5090. [0115] The mobile or web-based application may employ an avatar to ask questions, may have questions appear on a screen, or may employ another method for presenting questions to the vendor.") -- the mobile or web-based application (0110, 0114-0115) provided on the presentation module/listing site to perform the interview process, i.e., to conduct and record the interview by presenting questions and capturing answers (Fig. 5, 0108-0115) teaches "one or more processors configured to:" with respect to "provide, via the dashboard, a prompt for each FAQ in the listing of FAQs; and capture a response to the prompt"; note, more comprehensively, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010, teach that the vendor starts the entire processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the entire creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "one or more processors configured to:" with respect to the entire video creation process.)
(claim 10) the plurality of processor-executable instructions further to: (0116 "FIG. 6 shows the directory method full video script generation process. In this figure, the vendor has already accessed the presentation module [of the listing site, shown in Fig. 1, not numbered, see 0062] and has chosen an option to record a full video. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module"; 0118 "The functions above [i.e., Fig. 6, 6020, 0118] can be done manually or by a software program." -- software running on the listing site to perform the disclosed operations, e.g., script generation, e.g., 6020, teaches "the plurality of processor-executable instructions further to:" with respect to "generate an interview script based at least partly on the listing of FAQs;"; further, 0108-0110 ("[0109] The process starts 5000 when the vendor accesses the presentation module 5010. The option is chosen to record a full video 5020. In the preferred embodiment, the option is a feature on the presentation module and preferably on the listing site." [0110] … a mobile or web-based application 5080 as the interviewer."; 0114-0115 ("If the vendor chooses to use a mobile or web-based application 5080 to generate their full video, they access the software and record an interview as a full video 5090. [0115] The mobile or web-based application may employ an avatar to ask questions, may have questions appear on a screen, or may employ another method for presenting questions to the vendor.") -- the mobile or web-based application (0110, 0114-0115) provided on the presentation module/listing site to perform the interview process, i.e., to conduct and record the interview by presenting questions and capturing answers (Fig. 5, 0108-0115) teaches "the plurality of processor-executable instructions further to:" with respect to "provide, via the dashboard, a prompt for each FAQ in the listing of FAQs; and capture a response to the prompt"; note, more comprehensively, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010, teach that the vendor starts the entire processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the entire creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "the plurality of processor-executable instructions further to:" with respect to the entire video creation process.)
generate an interview script based at least partly on the listing of FAQs; (Fig. 6, 6050, 0121, e.g., "A full video script 6050 is generated using the identification of the highest ranked questions and/or questions based on the key words and phrases."; regarding the listing of FAQs: under broadest reasonable interpretation, the selection of a limited number of highest ranked questions (to create the script), as per 0120-0121, comprises a set (list) of questions; relatedly, this same set of questions is referred to (with respect to the completed video) as a list, see 0013 ("The vendor may also be provided a list of questions that they answer while being videotaped"), 0114 ("The vendor may also be given the option to choose a number of questions from a list"); 0113 ("either using the video script generated in FIG. 6 , [or] using a different set of questions" -- indicating that the video script generated in FIG. 6 (i.e., the selection of a limited number of highest ranked questions, as per 0120-0121) comprises a set (list) of questions))
provide, via the dashboard (0102, Fig. 4, presentation module), a prompt for each FAQ in the listing of FAQs; and (regarding provide a prompt for each FAQ: Fig. 5, 5090, 0114-0115, e.g., "The mobile or web-based application may employ an avatar to ask questions, may have questions appear on a screen, or may employ another method for presenting questions to the vendor." (0115) (alternatively, Fig. 5, 5060, 0113); 0012 "posing those questions to the vendors"; 0013 "The vendor may also be provided a list of questions that they answer while being videotaped"; 0014 e.g., "by giving prompts"; regarding via the dashboard: the interview is conducted on the presentation module, see 0109 ("The process starts 5000 when the vendor accesses the presentation module 5010. The option is chosen to record a full video 5020. In the preferred embodiment, the option is a feature on the presentation module and preferably on the listing site."); regarding in the listing of FAQs: 0013 "The vendor may also be provided a list of questions that they answer while being videotaped"; 0114 "The vendor may also be given the option to choose a number of questions from a list"; 0113 "either using the video script generated in FIG. 6 , [or] using a different set of questions" -- indicating that the video script generated in FIG. 6 (i.e., the selection of a limited number of highest ranked questions, as per 0120-0121) comprises a set (list) of questions)
capture a response to the prompt. (Fig. 5, 5080, 0114-0115 (alternatively, Fig. 5, 5060, 0113), 0012-0014 (note 0012 "their answers"), 0007 ("answering"), 0008 ("answer"), the conducting of the interview / recording of the video, in which the vendor answers the questions, includes the capturing of the vendor's answers (responses) to the questions (prompts))
Regarding Claims 4, 11 and 18
Gearhart in view of Hjelming teaches the limitations of base claims 1, 8 and 15 and intervening claims 2, 3, 9, 10, 16 and 17 as set forth above. Gearhart further teaches:
wherein each of the responses comprises audiovisual content of the client. (0012-0014, Fig. 5, 5080, 0114-0115 (alternatively, Fig. 5, 5060, 0113), inasmuch as the interview is conducted by having the vendor (client) answer questions, and the interview as a whole, including the vendor's answers, are recorded as a video, the answers that are recorded comprise audiovisual content of the vendor; note here one of ordinary skill in the art understands that a video, and a video recording device/software (0004, 0113-0114, 0127, 0129), as taught by Gearhart records both video (visual) and audio, hence audiovisual, content; 0115 "an avatar to ask questions" is taught as an alternative to "have questions appear on a screen," suggesting (rendering obvious) that the avatar asks questions (and receives answers) using audio)
Regarding Claims 5, 12 and 19
Gearhart in view of Hjelming teaches the limitations of base claims 1, 8 and 15 and intervening claims 2, 3, 9, 10, 16 and 17 as set forth above. Gearhart further teaches:
(claim 5) the one or more processors further configured to: (0108-0110 ("[0109] The process starts 5000 when the vendor accesses the presentation module 5010. The option is chosen to record a full video 5020. In the preferred embodiment, the option is a feature on the presentation module and preferably on the listing site." [0110] … a mobile or web-based application 5080 as the interviewer."; 0114-0115 ("If the vendor chooses to use a mobile or web-based application 5080 to generate their full video, they access the software and record an interview as a full video 5090. [0115] The mobile or web-based application may employ an avatar to ask questions, may have questions appear on a screen, or may employ another method for presenting questions to the vendor.") (or alternatively to 0114-0115, 5080, 5090: 0112-0113, 5040-5060) -- the mobile or web-based application (0110, 0114-0115) provided on the presentation module/listing site (or alternatively, in the case of the human interviewer, the website and remote recording software, as per 0112-0113, 5040-5060) for performing the interview process, i.e., for conducting and recording the interview by presenting questions and capturing answers (Fig. 5, 0108-0115), teaches "one or more processors configured to:" with respect to "generate multimedia content based at least partly on the responses"; further, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010: similarly to the above, the vendor starts the processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "one or more processors configured to:" with respect to "generate multimedia content based at least partly on the responses" and with respect to "distribute the multimedia content to at least one presentation resource")
(claim 12) the plurality of processor-executable instructions further to: (0108-0110 ("[0109] The process starts 5000 when the vendor accesses the presentation module 5010. The option is chosen to record a full video 5020. In the preferred embodiment, the option is a feature on the presentation module and preferably on the listing site." [0110] … a mobile or web-based application 5080 as the interviewer."; 0114-0115 ("If the vendor chooses to use a mobile or web-based application 5080 to generate their full video, they access the software and record an interview as a full video 5090. [0115] The mobile or web-based application may employ an avatar to ask questions, may have questions appear on a screen, or may employ another method for presenting questions to the vendor.") (or alternatively to 0114-0115, 5080, 5090: 0112-0113, 5040-5060) -- the mobile or web-based application (0110, 0114-0115) provided on the presentation module/listing site (or alternatively, in the case of the human interviewer, the website and remote recording software, as per 0112-0113, 5040-5060) for performing the interview process, i.e., for conducting and recording the interview by presenting questions and capturing answers (Fig. 5, 0108-0115), teaches "the plurality of processor-executable instructions further to:" with respect to "generate multimedia content based at least partly on the responses"; further, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010: similarly to the above, the vendor starts the processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "the plurality of processor-executable instructions further to:" with respect to "generate multimedia content based at least partly on the responses" and with respect to "distribute the multimedia content to at least one presentation resource")
generate multimedia content based at least partly on the responses; and (Fig. 5, 5090, 0114-0115 (alternatively, Fig. 5, 5060, 0113) generating the (completed, recorded) video teaches generate multimedia content based at least partly on the responses)
distribute the multimedia content to at least one presentation resource. (Fig. 3, 3050, 0098, Fig. 2, 2040, 2070, 0090-0092, 0113-0114, completed video (multimedia content) is uploaded/downloaded (distribute) to platform/listing site (presentation resource))
Claims 6, 7, 13, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gearhart et al. (U.S. Patent Application Publication No. 2023/0086901 A1), hereafter Gearhart, in view of Hjelming et al. (U.S. Patent Application Publication No. 2014/0149379 A1), hereafter Hjelming, and further in view of Morato et al. (U.S. Patent Application Publication No. 2025/0278572 A1), hereafter Morato.
Regarding Claims 6 and 13
Gearhart in view of Hjelming teaches the limitations of base claims 1 and 8 and intervening claims 2, 3, 5, 9, 10 and 12 as set forth above.
Gearhart further teaches:
wherein generating the interview script comprises applying … to the listing of FAQs. (As per the same prior art that is set forth in the rejection of claims 3 and 10 above, namely: Fig. 6, 6050, 0121, e.g., "A full video script 6050 is generated using the identification of the highest ranked questions and/or questions based on the key words and phrases." (generating the interview script). Further, generating the interview script is performed by using (applying) a computer (albeit not a machine learning model), again as taught by the same prior art that is set forth in the rejection of claims 3 and 10 above, namely: 0116 "FIG. 6 shows the directory method full video script generation process. In this figure, the vendor has already accessed the presentation module [of the listing site, shown in Fig. 1, not numbered, see 0062] and has chosen an option to record a full video. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module"; 0118 "The functions above [i.e., Fig. 6, 6020, 0118] can be done manually or by a software program." -- software running on the listing site to perform the disclosed operations, e.g., script generation, e.g., 6020, teaches "one or more processors configured to:" (claim 3) and likewise applying a computer with respect to "generate an interview script based at least partly on the listing of FAQs"; regarding the listing of FAQs: again this limitation is taught by the same prior art that is set forth in the rejection of claims 3 and 10 above, namely: under broadest reasonable interpretation, the selection of a limited number of highest ranked questions (to create the script), as per 0120-0121, comprises a set (list) of questions; relatedly, this same set of questions is referred to (with respect to the completed video) as a list, see 0013 ("The vendor may also be provided a list of questions that they answer while being videotaped"), 0114 ("The vendor may also be given the option to choose a number of questions from a list"); 0113 ("either using the video script generated in FIG. 6 , [or] using a different set of questions" -- indicating that the video script generated in FIG. 6 (i.e., the selection of a limited number of highest ranked questions, as per 0120-0121) comprises a set (list) of questions))
Gearhart in view of Hjelming does not explicitly disclose in its entirety but Morato teaches:
… applying a machine learning model …. (Morato teaches uses of a machine learning model for tasks comparable to / in a context comparable to Gearhart's generation of scripts, where for Gearhart a script comprises questions generated from the same questions. Specifically, Morato teaches applying a machine learning model to questions or prompts to generate questions, prompts or answers, see 0027 "a predictive machine learning model may be trained to generate one or more subgraph data objects," 0071 "In some embodiments, generating one or more subgraph data object comprises (i) generating a prompt based on one of one or more prompt templates, (ii) generating a question based on the one or more prompt templates and one or more of (a) context data associated with a query input, (b) one or more knowledge graph data objects, or (c) one or more historic queries [questions], and (iii) generating, using a natural language processing machine learning model, an answer based on the question.")
It would have been obvious to one of ordinary skill in the art not later than the effective filing date of the claimed invention to have modified the combination of Gearhart's video business directory (directory of videos profiling businesses for presenting the businesses to consumers), as modified by Hjelming's teachings (applied in the rejections of claims 1, 2, 8, 9, 15 and 16 above) regarding generating business profile micro sites including Q&A sections based on search terms, by incorporating therein Morato's teachings regarding applying machine learning to tasks such as generating questions from questions/prompts, because applying machine learning to Gearhart's script generation task would improve task performance (e.g., accuracy, efficiency).
Regarding Claims 7 and 14
Gearhart in view of Hjelming and Morato teaches the limitations of base claims 1 and 8 and intervening claims 2, 3, 5, 6, 9, 10, 12 and 13 as set forth above. Gearhart further teaches:
(claim 7) the one or more processors further configured to: (as per 0125-0126 ("FIG. 8 shows the directory method interview skill training application. The vendor starts the process 8000 by accessing the presentation module 8005. The vendor chooses the option for interview skills training 8010. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module. [0126] The vendor accesses a mobile or web-based application 8020, and the vendor gives the command to start the interview 8030."), the interview skill training application (which is used to collect feedback, see below) is an option provided by the presentation module and, as such, teaches "the one or more processors further configured to:" with respect to "collect feedback from the at least one presentation resource"; note, more comprehensively, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010, teach that the vendor starts the entire processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the entire creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "one or more processors configured to:" with respect to the entire video creation process.)
(claim 14) the one or more processors further configured to: (as per 0125-0126 ("FIG. 8 shows the directory method interview skill training application. The vendor starts the process 8000 by accessing the presentation module 8005. The vendor chooses the option for interview skills training 8010. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module. [0126] The vendor accesses a mobile or web-based application 8020, and the vendor gives the command to start the interview 8030."), the interview skill training application (which is used to collect feedback, see below) is an option provided by the presentation module and, as such, teaches "the one or more processors further configured to:" with respect to "collect feedback from the at least one presentation resource"; note, more comprehensively, 0087, 0090, 0097-0098, Fig. 2, 2010, Fig. 3, 3010, teach that the vendor starts the entire processes of Figs. 2 and 3, wherein the video is created and distributed, by accessing 2010, 3010 the presentation module (of the listing site); as such, the entire creation and distribution processes are carried out using the presentation module (of the listing site) -- this teaches "the one or more processors further configured to:" with respect to the entire video creation process.)
collect feedback from the at least one presentation resource; and (0127 the interview skill training application gives feedback on vendor interview; as per 0125-0126 ("FIG. 8 shows the directory method interview skill training application. The vendor starts the process 8000 by accessing the presentation module 8005. The vendor chooses the option for interview skills training 8010. In a preferred embodiment, the option may be accessed using resources provided on the presentation module, but it may be accessed separately in one or more places, either in addition to or in place of the presentation module. [0126] The vendor accesses a mobile or web-based application 8020, and the vendor gives the command to start the interview 8030."), the interview skill training application is part of the presentation module; in turn, the presentation module is part of the listing site (presentation resource) (0061-0062, 0102); therefore, the interview skill training application is part of the listing site (presentation resource); therefore, the feedback obtained (collected) from the interview skill training application is collected from the presentation resource. (Note as per 0061-0062 the listing site serves multiple purposes, including as a resource for vendors to create and post videos (via the presentation module (dashboard) of the listing site), and as a resource for users to view the vendors' videos (presentation resource).))
Gearhart in view of Hjelming does not explicitly disclose but Morato further teaches:
(claim 7) the one or more processors further configured to: (0033, Fig. 1, e.g., 101, 106, 108: teaches "the one or more processors further configured to:" with respect to "train the machine learning model based at least partly on the collected feedback")
(claim 14) the one or more processors further configured to: (0033, Fig. 1, e.g., 101, 106, 108: teaches "the one or more processors further configured to:" with respect to "train the machine learning model based at least partly on the collected feedback")
train the machine learning model based at least partly on the collected feedback. (0033 "perform one or more training steps/operations of the present disclosure to train a machine learning model, as described herein. … In some examples, feedback (e.g., evaluation data, ground truth data, etc.) from the use the of the machine learning model may be recorded by the predictive computing entity 106. In some examples, the feedback may be provided to the one or more external computing entities 108 to continuously train the machine learning model over time. In some examples, the feedback may be leveraged by the predictive computing entity 106 to continuously train the machine learning model over time. In this manner, the computing system 101 may perform, via one or more combinations of computing entities, one or more prediction, training, and/or any other machine learning-based techniques of the present disclosure.")
It would have been obvious to one of ordinary skill in the art not later than the effective filing date of the claimed invention to have modified the combination of Gearhart's video business directory (directory of videos profiling businesses for presenting the businesses to consumers), as modified by Hjelming's teachings (applied in the rejections of claims 1, 2, 8, 9, 15 and 16 above) regarding generating business profile micro sites including Q&A sections based on search terms, and as further modified by Morato's teachings regarding applying machine learning to tasks such as generating questions from questions/prompts, by incorporating therein these further teachings of Morato regarding training a machine learning model based on feedback, because training a machine learning based on feedback is a basic aspect of machine learning and serves to improve the machine learning model (e.g., by adjusting the model to new data, or adjusting the model based on previous suboptimal performance (so as to minimize a loss function)), and consequently, Morato's training would further improve performance of Gearhart's task that uses Morato's machine learning.
Regarding Claim 20
The content of claim 20 is identical or almost identical to the content of claims 6, 7, 13 and 14, collectively. As such, the prior art cited as teaching claims 6, 7, 13 and 14, collectively, also teaches claim 20. As such, claim 20 is rejected on the same grounds as are claims 6, 7, 13 and 14, collectively.
Conclusion
The prior art made of record and not relied upon, as set forth in the accompanying Notice of References Cited (PTO-892), is considered pertinent to applicant's disclosure.
Francis (US-20190302993-A1) teaches creating a multimedia presentation from a template, including determining prompts (questions) based on the template, presenting the prompts to the user so as to elicit from the user one or more answers to the questions, recording the answers, and compiling the multimedia presentation including the answers.
Byron (US-20180211287-A1) teaches generating a script based on FAQs, and inserting the script (FAQs) into a template to generate digital content, such as an advertisement, where the generated script may be a video clip.
Cohen-Martin (US-20100023863-A1) teaches generating from a template a customized video advertisement including data objects from websites.
Cohee (US-20120004982-A1) teaches generating from a template a customized video advertisement, publishing it to online distribution venues, and performing video search engine optimization (SEO) for the video advertisement.
Grouf (US-20070156524-A1) teaches providing a customized advertisement, comprising receiving information related to an advertiser; based on the information related to the advertiser, presenting to the advertiser a subset of a set of templates of advertisement components; receiving from the advertiser a selection of a template; playing the template that the advertiser selected, without custom information from the advertiser; prompting the advertiser to provide input to create a customized advertisement based on the selected template; and creating a customized advertisement from the selected template and the input provided by the advertiser, where playing the template comprises playing video and/or audio.
Bierner (US-8463648-B1) teaches systems and methods for automatically identifying and extracting topics from questions posted by users to a consultation system, for creating a new consultation category or creating new keywords for promotion of a new category serving an underserved or unserved topic, comprising breaking down posted questions into semantic components to determine topics related to a desired subject matter segment, and using the best topics in pay-per-click advertising related to the subject matter segment.
Sarid (US-20070136248-A1) teaches a system and method that searches for news story articles including at least one question, where the at least one question is associated with at least one search keyword received from a user, retrieves at least one news story article including at least one question associated with the at least one keyword, and provides to the user a heading, including the at least one question, associated with the retrieved at least one news story article.
Williams (US-20240281410-A1) teaches crawling a primary online content object to create a set of results from the crawling, parsing the set of results to generate key phrases and a content corpus from the primary online content object, processing the key phrases and the content corpus to create topic clusters which arrange topics within the primary online content object around a core topic based on semantic similarity, generating a suggested topic that is similar to a topic of the topic clusters, generating a strategy for development of online presence content, and providing a list of the suggested topics that are of highest semantic relevance for an enterprise based on the parsing of the set of results from the crawling.
Whalin (US-20250054045-A1) teaches receiving, e.g., from a search engine, a user query corresponding to a business, receiving data related to the business and data related to a user associated with the user query, and generating a curated profile corresponding to the business based on the data related to the business and the data related to the user associated with the query, wherein generating the curated profile includes generating, by a machine learning model, a business description, the business description providing an overview description of the business.
Figueroa (US-20090222328-A1) teaches receiving keywords from business profile pages, associating the keywords with business profiles, creating a profile page database including the keywords, and, when a search request is received from a search, identifying profile pages containing keywords matching keywords in the search, and sending the pages to the searcher.
Blemaster (US-20150081440-A1) teaches, inter alia, determining keywords related to a given industry type or to given products and services, posting a brand name to a keyword directory website associated with its industry or products/services, and suggesting domain names that may be beneficial for the brand owner to register.
Chitrapura (US-11295375-B1) teaches, inter alia, keywords or terminology that define a business context (e.g., industry vertical).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS W PINSKY whose telephone number is (571) 272-4131. The examiner can normally be reached on 8:30 am - 5:30 pm ET.
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/DOUGLAS W. PINSKY/
Examiner, Art Unit 3626