Status of Claims
0. This is a Non-final office action in response to communication received on May 06, 2025. Claims 1-20 are pending and examined herein.
Priority
1. The examiner acknowledges priority benefits being claimed by the Applicant for U.S. Provisional Application No. 63/643,268 filed on May 06, 2024, however at least Figs. 8-13 and their associated disclosure in the instant Non-provisional application is not supported in the parent. Thus, the claims as supported by these figures and their associated disclosure are not granted priority benefit of the parent provisional application.
Claim Rejections - 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 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. Next using the 2019 Revised Patent Subject Matter Eligibility Guidances (hereinafter 2019 PEG) the rejection as follows has been applied.
Under step 1, analysis is based on MPEP 2106.03, claims 1-12 are a method; claims 13-18 are a method; and claims 19-20 are a system. Thus, each claim 1-20, on its face, is directed to one of the statutory categories (i.e., useful process, machine, manufacture, or composition of matter) of 35 U.S.C. §101.
Under Step 2A Prong One, per MPEP 2106.04, prong one asks does the claim recite an abstract idea, law of nature, or natural phenomenon? In Prong One examiners evaluate whether the claim recites a judicial exception, i.e. whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. While the terms "set forth" and "described" are thus both equated with "recite", their different language is intended to indicate that there are two ways in which an exception can be recited in a claim. For instance, the claims in Diehr, 450 U.S. at 178 n. 2, 179 n.5, 191-92, 209 USPQ at 4-5 (1981), clearly stated a mathematical equation in the repetitively calculating step, and the claims in Mayo, 566 U.S. 66, 75-77, 101 USPQ2d 1961, 1967-68 (2012), clearly stated laws of nature in the wherein clause, such that the claims "set forth" an identifiable judicial exception. Alternatively, the claims in Alice Corp., 573 U.S. at 218, 110 USPQ2d at 1982, described the concept of intermediated settlement without ever explicitly using the words "intermediated" or "settlement."
Next, per 2019 PEG, to determine whether a claim recites an abstract idea in Prong One, examiners are now to: (I) Identify the specific limitation(s) in the claim under examination (individually or in combination) that the examiner believes recites an abstract idea; and (II) determine whether the identified limitation(s) falls within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 PEG. If the identified limitation(s) falls within the subject matter groupings of abstract ideas enumerated in Section I, analysis should proceed to Prong Two in order to evaluate whether the claim integrates the abstract idea into a practical application.
(I) An abstract idea as recited per abstract recitation of claims 1-20 [i.e. recitation with the exception of additional elements, which are first considered under step 2A prong two when claim(s) is/are reconsidered as a whole and exclusively under step 2B inquiries below, i.e. under step 2A prong one the Examiner considered claim recitation other than the additional elements (which once again are expressly noted below) to be the abstract recitation] (II) is that of directing advertisements to a particular group of consumers having certain ethnic background associated with a homeland country and a native language by using a culture cycle model for one or more ethnic group(s) or a culture level rating which is determined at least based on consumers visit to the homeland country among other user data which is certain methods of organizing human activity (but for its implementation in network based environment - which is considered further under prong two and step 2B analysis as set forth below).
The phrase "Certain methods of organizing human activity" applies to fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). Further, see MPEP 2106.04(a)(2) II. A-C.
Therefore, the identified limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of 2019 PEG, thus analysis now proceeds to Prong Two in order to evaluate whether the claim integrates the abstract idea into a practical application.
Under Step 2A Prong Two, per MPEP 2106.04, prong two asks does the claim recite additional elements that integrate the judicial exception into a practical application? In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. If the additional elements in the claim integrate the recited exception into a practical application of the exception, then the claim is not directed to the judicial exception (Step 2A: NO) and thus is eligible at Pathway B. This concludes the eligibility analysis. If, however, the additional elements do not integrate the exception into a practical application, then the claim is directed to the recited judicial exception (Step 2A: YES), and requires further analysis under Step 2B (where it may still be eligible if it amounts to an ‘‘inventive concept’’).
Next, per 2019 PEG, Prong Two represents a change from prior guidance. The analysis under Prong Two is the same for all claims reciting a judicial exception, whether the exception is an abstract idea, a law of nature, or a natural phenomenon. Examiners evaluate integration into a practical application by: (I) Identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (II) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application, using one or more of the considerations laid out by the Supreme Court and the Federal Circuit.
Accordingly, the examiner will evaluate whether the claims recite one or more additional element(s) that integrate the exception into a practical application of that exception by considering them both individually and as a whole.
The claim elements in addition to the abstract idea, i.e. additional elements, as recited in claims 1-20 at least are mobile devices, retrieving and storing mobile device identifiers that entered geofence, requesting/directing/sending/transmitting ads to mobile devices (per claims 8 and 13), removing the retrieved device identifiers from the stored list (per claims 10 and 13). Remaining claims, either recite the same additional element(s) as already noted above or simply lack recitation of an additional element, in which case note prong one as set forth above.
As would be readily apparent to a person having ordinary skill in the art (hereinafter PHOSITA), the additional elements are described at a high level of generality, see at least as-filed Figs. 9-11, and their associated disclosure. The additional elements are simply utilized as generic tools to implement the abstract idea or plan as "apply it" instructions (see MPEP 2106.05(f)).
The method is being carried out as "apply it" instruction, see at least as-filed spec. para. [0010] “processing logic executable by the one or more processors” (which is not claimed), is further connected to one or more device(s) merely sending/receiving data over a network, note receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014). Gathered data is considered insignificant extra solution activity (see MPEP 2106.05(g)).
Further, the processor analyzes captured/gathered and transmitted user data to output a result such as a tailored ad. Thus, the process is similar to collecting information, analyzing it, and displaying certain results of the collection and analysis (Electric Power Group) - certain result here is a tailored content based on information about the user (Int. Ventures v. Cap One Bank ‘382 patent). The abstract idea is intended to be merely carried out in a technical environment such as collecting data via a network and analyzing data via a generic processor to provide personalized marketing content such as ads, however fail to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (see MPEP 2106.05(h)).
Accordingly, viewed as a whole, these additional claim element(s) do not provide any additional element that integrates the abstract idea (prong one), into a practical application (prong two) upon considering the additional elements both individually and as a combination or as a whole as they fail to provide: an additional element that reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field; or an additional element that implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim; or an additional element that effects a transformation or reduction of a particular article to a different state or thing; or an additional element that applies or uses the judicial exception, again, in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception as explained above.
Thus, the abstract idea of directing advertisements to a particular group of consumers having certain ethnic background associated with a homeland country and a native language by using a culture cycle model for one or more ethnic group(s) or a culture level rating which is determined at least based on consumers visit to the homeland country among other user data which is certain methods of organizing human activity (prong one) is not integrated into a practical application upon consideration of the additional element(s) both individually and as a combination (prong two).
Therefore, under step 2A, the claims are directed to the abstract idea, and require further analysis under Step 2B.
Under step 2B, per MPEP 2106.05, as it applies to claims 1-20, the Examiner will evaluate whether the foregoing additional elements analyzed under prong two, when considered both individually and as a whole provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). The abstract idea of directing advertisements to a particular group of consumers having certain ethnic background associated with a homeland country and a native language by using a culture cycle model for one or more ethnic group(s) or a culture level rating which is determined at least based on consumers visit to the homeland country among other user data which is certain methods of organizing human activity - has not been applied in an eligible manner. The claim elements in addition to the abstract idea are simply being utilized as generic tools to execute "apply it" instructions as they are described at a high level of generality. Additionally, the abstract idea is intended to be merely carried out in a technical environment, however fail to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment (Id. or note step 2A prong two).
Regarding, insignificant solution activity such as data gathering or post solution activity such as displaying on interface, the Examiner relies on court cases and publications that demonstrate that such a way to gather data and display information is indeed well-understood, routine, or conventional in the industry or art, at least note as follows:
(i) receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network) [similarly here user's data is received and based on analysis targeted promotions are to be transmitted over a network];
(ii) (a) Affinity v DirecTV - "The court rejected the argument that the computer components recited in the claims constituted an “inventive concept.” It held that the claims added “only generic computer components such as an ‘interface,’ ‘network,’ and ‘database,’” and that “recitation of generic computer limitations does not make an otherwise ineligible claim patent-eligible.” Id. at 1324-25 (citations omitted). The court noted that nothing in the asserted claims purported to improve the functioning of the computer itself or “effect an improvement in any other technology or technical field.” Mortgage Grader, 811 F.3d at 1325 (quoting Alice, 134 S. Ct. at 2359)."; (b) Electronic recordkeeping, Alice Corp., 134 S. Ct. at 2359, 110 USPQ2d at 1984 (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755; and (c) Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93 [similarly here identifiers are stored retrieved to provide as a post solution targeted advertisements to user devices]; and
(iii) Regarding location of consumer mobile device and geofence the Examiner provides evidence that it is well-known or well-understood, routine, conventional activity see the following publications:
- (a) Pub. No.: US 2010/0273452 paras. [0073] note "The location determination routine 94 is operable to determine a geographic location of the target device 14 using GPS sensors or any other conventional means of determining geographic location."; and [0091] note "In one aspect, a recovery module 116 may further include a parental control module. In such an aspect, the parental control module may allow for disablement of the wireless device at specific locations (e.g. school, church, etc.). Further, the parental control module may provide for a web-based interface to control at least a portion of data/voice interactions with specific wireless devices. For example, specific web content may be restricted and/or specific numbers may be blocked. Still further, the parental control module may allow for detection of whether specific locations have been visited. For example, the module may determine if the device (and presumably the child) visited a library or a mall after school, or if the child left the service coverage area. In another aspect, the parental control module may be used to remotely disable at least a portion of the functionalities of an associated wireless device."
- (b) Pub. No.: US 2009/0288012 note [0148] note "If at any time during the initialization of any of these transaction configurations a step fails, for example one party uses the conveyed transaction identifier with the transaction authority, but the authority has no record of the transaction, or the transaction is not in the correct pending state, or there are some other conditions on the transaction which cannot be met such as the transaction violating the conditions of parental controls put in place by the guardian of a user who is a minor, then the violations are stored at the transaction authority 102 for security and debugging purposes and appropriate messages are sent to the parties."; and [0298] note "The user's location can be determined by the system using one or more well-understood methods such as GPS, triangulation, or by determining if they are near parts of the system such as short range transmitter access points which have had their locations determined, either by some automated means such as global positioning system (GPS) or by having had its location entered into the system manually."
- (c) Pub. No.: US 2012/0101881 paras. [0254] note "In some implementations, the app may include an indication of the location (e.g., name of the merchant store, geographical location, information about the aisle within the merchant store, etc.) of the user, e.g., loll. The app may provide an indication of a pay amount due for the purchase of the product, e.g., 1012. In some implementations, the app may provide various options for the user to pay the amount for purchasing the product( s ). For example, the app may utilize the GPS coordinates to determine the merchant store within the user is present, and direct the user to a website of the merchant."; [0258] note "In some implementations, the app may provide the L-PROMO with the GPS location of the user. Based on the GPS location of the user, the L-PROMO may determine the context of the user (e.g., whether the user is in a store, doctor's office, hospital, postal service office, etc.). Based on the context, the user app may present the appropriate fields to the user, from which the user may select fields and/or field values to send as part of the purchase order transmission."
- (d) Pub. No.: US 2011/0029370 paras. [0060] note "Various techniques may be employed to reduce the probability of fraud in the reporting of presence at a store. In some embodiments, an assertion of presence at a store may be validated against various criteria such as the last known location of the mobile phone and the time since the last known location and/or error radius of the mobile phone (which in some embodiments may be required to be instantaneous and/ or received within a short time threshold, such as ten seconds). If it is determined that it is unlikely that the mobile phone traveled from the last known location since the time of the last report, the assertion may be rejected. In some embodiments, multiple sequential locational reports and/or assertions of presence in stores, and the times thereof, may be analyzed to determine whether it is plausible that the reports are accurate, and the assertion may be rejected if it is determined not to be plausible, e.g. if it requires a rapidity of transit that is infeasible, for example a velocity in excess of 80 miles per hour for over short (e.g. less than two hour) periods of time."; also see [0021]; [0030]-[0034]; and [0037].
- (e) Roeding Pub. No.: US 2011/0029370 Al [0021] note "determine where the consumers are based upon the locations of their mobile phones 101. Many mobile phones 101 are equipped with global positioning system (GPS) units 212 that provide precise location information. The cell phones can transmit this information to the system and the server can determine how close a consumer is to a store 301. The system can also determine if the consumer is within the store 301. If GPS is not available, various other location detection mechanisms can be used to determine the location of the consumer and distance 309 from the store 301"; [0027]-[0032]; [0037]
*Geofence
- (f) US8996035 see Abstract "record the location of a user and transmit targeted content to a user based upon their current and past location. A network is configured to include a server programmed with a database of targeted content, a database of location information, a database of user information, a database searching algorithm, and a wireless communication system capable of communicating with the user's mobile device. The location of the mobile device is ascertained and recorded. Targeted content may be sent to the mobile device of the user and whether the user visits the physical locations associated with the targeted content is monitored. Once it is verified that the user has visited the physical location, then any associated promotional offers may be authorized. Payment systems, phone exchange systems, and other features may also be integrated to provide detailed conversion tracking to producers of targeted content and business owners"
- (g) US20070244633 see Abstract note "Provided herein are methods and systems relating to location-based services such as social networking, providing demographic information, tracking mobile devices, providing business information, providing an adaptable user interface, remotely effecting a change on a portable electronic device, providing a geofence, outputting location-based information on a mobile device, varying transmissions to and from a mobile device, providing location-based alerts, verifying transactions and tailoring information to the behavior of a user."; [0172] note "all or certain portable electronic facilities 300 located within a geofence 900 may receive or be eligible to receive certain services or all or certain of the portable electronic facilities 300 located outside a geofence 900 may receive or be eligible to receive certain services. The service may be a game, application or coupon. The price for a service may be varied with the location of a portable electronic facility 300 in relation to a geofence 900. For example, a cell phone may be allowed to place calls at no additional cost if located within a certain geofence 900, for example a geofence 900 corresponding to the home of the cell phone owner. In another example a portable electronic facility 300 may be able to receive and transmit information at no additional cost when located within a certain geofence, such as the home area of the portable electronic facility 30"; [0187] "FIG. 32 depicts the definition of a geofence 900 using a map 3202. FIG. 33 shows several icons 3302 that may be assigned to various geofences 900, such as to distinguish different geofences 900 that are created or used for different purposes. For example, a geofence may be designated with a star to signify its importance, or with an icon representing a house to indicate that it is a geofence 900 for a home. FIG. 34 depicts an address book 3402 that may be provided for a user. FIG. 35 presents a more detailed view of one of the entries 3502 in the address book 3402. FIG. 36 depicts a graphical user interface 3602 that may be used to define alerts using the system. FIGS. 37A-37C depicts location details as both lists 3702 and maps 3704. FIGS. 38A-38C depicts several menus 3802 related to storing location-based information 1100, including a menu 3804 for finding saved locations, such as by zip code or other data, a menu 3808 displaying detailed locations, and a menu 3810 for displaying options related to a location, such as an option to see a map, to send directions to the location from a particular location, and an option to send the location information to another user. FIGS. 39A-39D depicts several graphical user interfaces 3902 related to the presentation of points of interest on a portable electronic facility 300, such as an interface 3904 for finding particular types of location, such as hotels, restaurants, automated teller machines, or gas stations, an interface 3908 for showing details of a particular type of location, an interface 3910 for offering options related to a particular type of location, such as the option to see a map, get directions, or call the location, and an interface 3912 for displaying the results, such as showing a map of the location. FIG. 40 presents a graphical user interface 4002 that may allow a user to send location information, such as via email or voice. FIG. 41 presents a graphical user interface 4102 that may allow a user to input a zip code while traveling. FIGS. 42A-42B presents a graphical user interface with a setting menu 4202 that may allow a user to vary the settings of the portable electronic facility 300, such as allowing a user to vary the frequency with which a portable electronic device obtains location information using an interface 4204."
- (h) US2021/0174394 see Abstract "electronic distribution of electronic content. The method includes receiving, from an advertiser or content provider, a request to transmit electronic content to a plurality of electronic devices of a desired subset of individuals, wherein the electronic content relates to a target location of the advertiser or content provider; identifying a geographical zone extending between an inner boundary around the target location and an outer boundary around the target location; receiving an indication that one of the plurality of electronic devices of the subset of individuals is present in the geographical zone based on determining that the one of the plurality of electronic devices is located within the outer boundary but not within the inner boundary; and transmitting electronic content to the electronic device of the one of the subset of individuals in the population, the electronic content relating to the target location"
- (i) US2014/0155094 see Abstract "a method that comprises receiving, via a first portable electronic device, contextual information and a geolocation relating to a first user in a network-based system; receiving, via second portable electronic device, contextual information and a geolocation relating to a second user in the network-based system; identifying a common element in the received contextual information relating to the first user, and the received contextual information relating to the second user; and in response to an identification of the common element, defining a boundary for a geofence based on the geolocation of the first or second users."
Therefore the claims here fail to contain any additional element(s) or combination of additional elements that can be considered as significantly more and the claims are rejected under 35 U.S.C. 101 for lacking eligible subject matter.
Examiner’s Reason(s) For Non-applicability of Prior Art
3. The following appear to be the closest prior art references:
- US2014/0237062 [0493] "A radius algorithm 306 may determine a radius based on the location and to display the at least a portion of the user profiles having verified geographic location 206s included in the radius. A demographic algorithm 308 may provide demographics associated with the user profiles, select demographic of the demographics, and/or determine a group of user profiles of the at least a portion of the user profiles. The demographics may be associated with each user profiles of the group of user profiles. The demographic may be selected from a group including an age, an age range, a gender, an occupation, an ethnicity, a location of a residence, a location of a business, a marital status, an ownership status, a language, mobility, income, a life cycle, a socioeconomic status, and a lifestyle."
- US2008/0243531 [0028] "The culture of an individual may be included as a factor in determining a user's life stage profile, since different countries may exhibit different behaviors in different life stages. At step 304, predictive behavioral targeting may be applied using one or more life stage profiles to determine the interests of an individual user or a group of users for receiving an advertisement, online content, or other electronic communication. For an online search application, the life stage profile of an individual or groups of individuals may be used to select advertisements for display to the individuals or the targeted group of individuals."
- US8996035 see Abstract "record the location of a user and transmit targeted content to a user based upon their current and past location. A network is configured to include a server programmed with a database of targeted content, a database of location information, a database of user information, a database searching algorithm, and a wireless communication system capable of communicating with the user's mobile device. The location of the mobile device is ascertained and recorded. Targeted content may be sent to the mobile device of the user and whether the user visits the physical locations associated with the targeted content is monitored. Once it is verified that the user has visited the physical location, then any associated promotional offers may be authorized. Payment systems, phone exchange systems, and other features may also be integrated to provide detailed conversion tracking to producers of targeted content and business owners"
- US20070244633 see Abstract note "Provided herein are methods and systems relating to location-based services such as social networking, providing demographic information, tracking mobile devices, providing business information, providing an adaptable user interface, remotely effecting a change on a portable electronic device, providing a geofence, outputting location-based information on a mobile device, varying transmissions to and from a mobile device, providing location-based alerts, verifying transactions and tailoring information to the behavior of a user."; [0172] note "all or certain portable electronic facilities 300 located within a geofence 900 may receive or be eligible to receive certain services or all or certain of the portable electronic facilities 300 located outside a geofence 900 may receive or be eligible to receive certain services. The service may be a game, application or coupon. The price for a service may be varied with the location of a portable electronic facility 300 in relation to a geofence 900. For example, a cell phone may be allowed to place calls at no additional cost if located within a certain geofence 900, for example a geofence 900 corresponding to the home of the cell phone owner. In another example a portable electronic facility 300 may be able to receive and transmit information at no additional cost when located within a certain geofence, such as the home area of the portable electronic facility 30"; [0187] "FIG. 32 depicts the definition of a geofence 900 using a map 3202. FIG. 33 shows several icons 3302 that may be assigned to various geofences 900, such as to distinguish different geofences 900 that are created or used for different purposes. For example, a geofence may be designated with a star to signify its importance, or with an icon representing a house to indicate that it is a geofence 900 for a home. FIG. 34 depicts an address book 3402 that may be provided for a user. FIG. 35 presents a more detailed view of one of the entries 3502 in the address book 3402. FIG. 36 depicts a graphical user interface 3602 that may be used to define alerts using the system. FIGS. 37A-37C depicts location details as both lists 3702 and maps 3704. FIGS. 38A-38C depicts several menus 3802 related to storing location-based information 1100, including a menu 3804 for finding saved locations, such as by zip code or other data, a menu 3808 displaying detailed locations, and a menu 3810 for displaying options related to a location, such as an option to see a map, to send directions to the location from a particular location, and an option to send the location information to another user. FIGS. 39A-39D depicts several graphical user interfaces 3902 related to the presentation of points of interest on a portable electronic facility 300, such as an interface 3904 for finding particular types of location, such as hotels, restaurants, automated teller machines, or gas stations, an interface 3908 for showing details of a particular type of location, an interface 3910 for offering options related to a particular type of location, such as the option to see a map, get directions, or call the location, and an interface 3912 for displaying the results, such as showing a map of the location. FIG. 40 presents a graphical user interface 4002 that may allow a user to send location information, such as via email or voice. FIG. 41 presents a graphical user interface 4102 that may allow a user to input a zip code while traveling. FIGS. 42A-42B presents a graphical user interface with a setting menu 4202 that may allow a user to vary the settings of the portable electronic facility 300, such as allowing a user to vary the frequency with which a portable electronic device obtains location information using an interface 4204."
- Ethnic marketing: How to tailor your marketing to specific ethnic groups and subcultures, April 10, 2025, FasterCapital, https://fastercapital.com/content/Ethnic-marketing--How-to-tailor-your-marketing-to-specific-ethnic-groups-and-subcultures.html#Adapting-Marketing-Strategies-for-Different-Ethnicities
- Riswanto, A. L., Kim, S., & Kim, H.-S. (2023). Analyzing Online Reviews to Uncover Customer Satisfaction Factors in Indian Cultural Tourism Destinations. Behavioral Sciences, 13(11), 923. https://doi.org/10.3390/bs13110923 see Abstract note "Tourism to Indian heritage destinations has been on the rise due to the increasing demand for heritage tourism. Increasing customer satisfaction and promoting Indian culture require tourism businesses to understand factors influencing tourists’ experiences and behavior towards these destinations. Therefore, this study analyzes four popular heritage tourist destinations in India by using online reviews collected from Google Travel. Data are refined, processed, and visualized using the R programming language and UCINET 6.0. Furthermore, we explore the fundamental framework and interconnections among these characteristics through the utilization of exploratory factor analysis and linear regression analysis with the assistance of the SPSS software package. Based on customer reviews obtained from Google Reviews, an analysis was conducted on 6618 reviews of four heritage tourism destinations in India. From the top 60 words, four clusters of words were created, including “Physical characteristic”, “Cultural and historical link”, “atmosphere”, and “area”. Through explanatory factor analysis and linear regression analysis, we found that Physical characteristic, Cultural and historical link, atmosphere, and area all play a significant role in customer satisfaction. This study provides heritage destination managers and Indian government with insights into which attributes impact customer satisfaction the most and offers valuable marketing insights. As a result of this study, we are able to gain a greater understanding of the Indian heritage tourism market, and in doing so, we provide businesses with implications on how to enhance customer service."
- Qadi et al., "Representing Religious Practices via AI-Generated Personas: A Case Study of Ramadan Behaviors from Four Predominantly Muslim Countries," 2025 IEEE/ACS 22nd International Conference on Computer Systems and Applications (AICCSA), Doha, Qatar, 2025, pp. 1-10, doi: 10.1109/AICCSA66935.2025.11315204 See "With nearly two billion Muslims worldwide, de signing technology that serves their needs is a significant task, especially during Ramadan, the season of spiritual reflection and change in lifestyle. We present a data-driven approach to generating personas representing differing religious views of Ramadan, based on a large-scale survey conducted in four Muslim-majority countries: Egypt, Indonesia, the United Arab Emirates, and Saudi Arabia. Our approach furthers the representation of underrepresented groups by embedding religious and cultural factors in persona development, aligning with the principles of value-sensitive design. Via correlation analysis, we identified seven distinct groups that reflect diverse practices and values during the Islamic holy month. These findings informed persona creation, capturing variations in spiritual engagement, digital media consumption, and the planning of Ramadan. The resulting personas provide actionable insights for developers designing inclusive applications such as charitable platforms and ecommerce systems aligned with Muslim values. We discuss the implications of employing personas for culturally aware system design and demonstrate how AI-generated personas can support inclusive design in religiously diverse settings. Ultimately, this work contributes to the growing research on human-centered technologies for value-aligned and context-aware systems."
However, the above noted references fail to, when considered both singularly and/or in combination, at least teach (A) per claim 1 “generating a culture cycle model for the ethnic group […]”; “identifying […]”; and “determining […]” as claimed, (B) per claim 13 “assigning a culture level rating to each of the plurality of locations based on a frequency of visits by the members of the ethnic group”; “cross-checking […]” and “removing […]” as claimed, and (C) per claim 19 “generating a culture cycle model for the ethnic group […]” as claimed. Thus, a prima facie case of obviousness could not be established using the above noted references. Therefore, prior art based rejection does not apply.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and all the references on PTO-892 Notice of Reference Cited should be duly noted by the Applicant as they can be subsequently used during prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIPEN M PATEL whose telephone number is (571)272-6519. The examiner can normally be reached Monday-Friday, 08:30-17:00 EST.
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/DIPEN M PATEL/Primary Examiner, Art Unit 3621
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