Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This communication is in response to application No. 19/210,991, filed on 05/16/2025. Claims 1-20 are currently pending and have been examined. Claims 1-20 have been rejected as follow,
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20, are rejected under nonstatutory double patenting rejection.
Claims 1, 13, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6,13 of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because, there are limitations that are mixed and matched. The reference claims anticipate the claims under examination.
Claims 2, 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 10 of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 3, 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 4, 5, 16, 17, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3, 4 of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 6, 8, 18, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6, 7 of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6 of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claims 7, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6, of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim anticipates the claims under examination.
Claim 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7, of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because there are limitations that are mixed and matched. The reference claim anticipates the claims under examination.
Claim 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because, there are limitations that are mixed and matched. The reference claim anticipates the claims under examination.
Claim 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because there are limitations that are mixed and matched. The reference claim anticipates the claims under examination
Claim 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, of Patent No. 12,307,485. Although the claims at issue are not identical, they are not patentably distinct from each other because, there are limitations that are mixed and matched. The reference claim anticipates the claims under examination
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 non-statutory subject matter.
Claims 1-20 are not compliant with 101, according with the last “2019 Revised Patent Subject Matter Eligibility Guidance” (2019 PEG), published in the MPEP 2103 through 2106.07(c). The claims have been amended and Examiner’s analysis is presented below in all the claims.
Claim 1: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a method.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim? Yes. The claim recites the limitations of “identifying, …. relevant advertising content for the first user, the second user, or both, from the advertising information based at least in part on the digital creative element selection information, the first user data, the second user data, or any combination thereof; …generating, … a first behavior trigger for the first user, the second user, or both, the first behavior trigger in accordance with the relevant advertising content, the first user data and the second user data, or any combination thereof, wherein the first behavior trigger comprises an offer, a coupon, an announcement, a banner, an electronic link, a visual code, a visual input, a digital prompt, or any combination thereof; embedding…., the first behavior trigger into a network message;”
The “identifying, generating, embedding” limitations, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitations as certain methods of organizing human activity, advertising, marketing or sales activities or behaviors. The method for provide content including advertisement in a greeting card. Thus, the claim recites an abstract idea.
Step 2A - Prong 2: Integrated into a Practical Application? No. The claim recites additional limitations, such as,
“receiving, …. digital creative element selection information indicating a first digital creative element of a plurality of digital creative elements; obtaining, …., first user data corresponding to a first user associated with the first user device, second user data corresponding to a second user associated with a second user device, or both;
transmitting, …the digital creative element selection information and the first user data, the second user data, or both to a second server; receiving, … an indication of advertising information for the first user, the second user, or both, the advertising information based at least in part on the digital creative element selection information and the first user data, the second user data, or both; transmitting, … the network message comprising the first behavior trigger for the first user or the second user.”
These are limitations toward accessing or receiving or transmitting data (gathering data).
The Examiner analyses other supplementary elements in the claim in view of the instant disclosure:
“by a first server from a first user device via an application corresponding to the first server”; “by the first server via the application corresponding to the first server”; by the first server via the application corresponding to the first server, by the first server from the second server via a network interface, by the first server via the application corresponding to the first server; autonomously, by the first server, by the first server via the application corresponding to the first server; by the first server to the first user device or the second user device via the application corresponding to the first server”,
All these elements are recited in a very generic way.
The Examiner gives the broadest reasonable interpretation to the above elements. They are insignificant extra-solution activity. See MPEP 2106.05(g).
The combination of these additional elements can also be considered no more than mere instructions “to apply” the exception, See MPEP 2106.05(f).
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.
The claim as a whole does not integrate the method of organizing human activity into a practical application. Thus, the claim is ineligible because is directed to the recited judicial exception (abstract idea).
Step 2B : claim provides an inventive concept? No.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim,
“by a first server from a first user device via an application corresponding to the first server”; “by the first server via the application corresponding to the first server”; by the first server via the application corresponding to the first server, by the first server from the second server via a network interface, by the first server via the application corresponding to the first server; autonomously, by the first server, by the first server via the application corresponding to the first server; by the first server to the first user device or the second user device via the application corresponding to the first server”,
amount to no more than mere instructions to apply the exception. i.e., mere instructions to apply an exception using generic hardware and software cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B.
Here, the limitations:
“receiving, …. digital creative element selection information indicating a first digital creative element of a plurality of digital creative elements; obtaining, …., first user data corresponding to a first user associated with the first user device, second user data corresponding to a second user associated with a second user device, or both;
transmitting, …the digital creative element selection information and the first user data, the second user data, or both to a second server; receiving, … an indication of advertising information for the first user, the second user, or both, the advertising information based at least in part on the digital creative element selection information and the first user data, the second user data, or both; transmitting, … the network message comprising the first behavior trigger for the first user or the second user.”
These are limitations toward accessing or receiving data (gathering data). Accessing or receiving data is very well understood, routine and conventional computer task activity; It represents insignificant extra solution activity. Mere data-gathering step[s] cannot make an otherwise nonstaturory claim statutory In re Grams,888 F.2d 835, 840 (Fed. Cir. 1989) (quoting In re Meyer, 688 F.2d 789, 794 (CCPA 1982)).
Further, the instant specification does not provide any indication that the elements
“by a first server from a first user device via an application corresponding to the first server”; “by the first server via the application corresponding to the first server”; by the first server via the application corresponding to the first server, by the first server from the second server via a network interface, by the first server via the application corresponding to the first server; autonomously, by the first server, by the first server via the application corresponding to the first server; by the first server to the first user device or the second user device via the application corresponding to the first server”,
are anything other than generic software and hardware, and the OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); and v. Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; court decisions cited in MPEP 2106.05(d)(II) indicate that merely computer receives and sends information over a network and presenting or displaying information, is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
Accordingly, a conclusion that the
“by a first server from a first user device via an application corresponding to the first server”; “by the first server via the application corresponding to the first server”; by the first server via the application corresponding to the first server, by the first server from the second server via a network interface, by the first server via the application corresponding to the first server; autonomously, by the first server, by the first server via the application corresponding to the first server; by the first server to the first user device or the second user device via the application corresponding to the first server”,
limitations (pointed above) are well-understood, routine, conventional activity is supported under Berkheimer Option 2. The claim is ineligible.
Claim 13: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites an apparatus.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
In addition the Examiner analyses supplementary elements in the claim in view of the instant disclosure:
“one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories” and “processor-executable-code”
The Examiner gives the broadest reasonable interpretation. The additional elements in the claim are insignificant extra-solution activity.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Claim 20: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a non-transitory computer-readable medium.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Dependent claims 2-12, and 14-19, the claims recite elements such as “ wherein the first behavior trigger is autonomously generated for one of the first user or the second user, the method further comprising: autonomously generating, by the first server, a second behavior trigger for the other of the first user or the second user, the second behavior trigger in accordance with the relevant advertising content, the first user data, the second user data, or any combination thereof; and transmitting, by the first server to the first user device, the second behavior trigger for the other of the first user or the second user”, etc. These elements do not integrate the system of organizing human activity into a practical application. The claims are ineligible.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pg. Pub. No. 20160117753 (HORVITZ) in view of US Pg. Pub. No. 20120101883 (Akhter).
As to claims 1, 13 and 20, HORVITZ discloses a method, comprising:
a) receiving, by a first server from a first user device via an application corresponding to the first server (“…server 526 might transmit a requested code for an application program through Internet 525, ISP 524, local network 522 and communication interface 520”, paragraph 101 and Fig. 5), digital creative element selection information indicating a first digital creative element of a plurality of digital creative elements;
(“[0002] This disclosure relates to the field of computer technology. More specifically, the disclosure relates to a method and apparatus for personalized content-sharing and distribution using a greeting card, for providing users with an ability to attach an electronic gift card to a purchase, and/or to attach a gift, whether digital or physical to a card, and for using a greeting card to make content and e-commerce entities available to a user”, paragraphs 2 and 19 and Fig. 1 and associated disclosure.
“[0031] In addition, embodiments of the present disclosure provide a mechanism to expose users, e.g., a user that generates the card, a sender, and/or a user that receives the card, a recipient, to advertisements and/or marketing information, which can be integrated seamlessly into the card. For example, advertisers/marketers can use lower third overlays and other elements integral to the presentation to advertise a product, e.g., a product that compliments the content, and/or the gift, associated with the greeting card. By way of yet another non-limiting example, an advertisement can be related in some manner to content experienced via the greeting card, e.g., an advertisement for sun tan lotion presented while a surfing clip is being experienced, or the greeting card's theme, e.g., Coca-Cola® theme for the greeting card, can include an integrated advertisement”, paragraphs 31, 36 and 48);
b) obtaining, by the first server via the application corresponding to the first server, first user data corresponding to a first user associated with the first user device, second user data corresponding to a second user associated with a second user device, or both;
(“[0009] Embodiments of the present disclosure allow users to generate a greeting card by defining a theme, a personalized message, content, and optionally a gift. By virtue of this arrangement, a greeting card can be used as a conduit for content sharing, which can be personalized and customized according to user preferences”, paragraph 9.
“[0057] Embodiments of the present disclosure collect data, and mine the data collected, e.g., to gain knowledge from the historical data, make predictions to increase revenue and/or cut costs and/or to provide decision support. Data mining and analysis can be used to identify the goods to be promoted to the customer/user, a probability that a user will respond to a planned promotion [Examiner interprets as user data corresponding to a first user associated with the first user device], predict peak network loads, identification of producers of defective goods, as some non-limiting examples”, paragraphs 57-58 and 60);
c) transmitting, by the first server via the application corresponding to the first server, the digital creative element selection information and the first user data, the second user data, or both [to a second server;]
(see Fig. 1 and paragraph 14 [Examiner interprets as the digital creative element selection information ] paragraph 14 and Figs. 3A and 3B, paragraphs 73 and 74 and Fig. 4 at least element 400 [Examiner interprets as transmitting, by the first server, … the user data to a second server] and paragraphs 26-27.
“…The smart technology can integrate analytics to suggest gifts based on a sender profile and/or recipient profile, which profile can include historical information, preferences, demographic information, for example. A recommender can suggest content, gifts or themes considered to be similar or relevant to content, gifts or themes “browsed” by users”, paragraph 77.
See also “the present disclosure provide a mechanism to expose users, e.g., a user that generates the card, a sender, and/or a user that receives the card, a recipient, to advertisements and/or mark eting information, which can be integrated seamlessly into the card. For example, advertisers/marketers can use lower third overlays and other elements integral to the presentation to advertise a product, e.g., a product that compliments the content, and/or the gift, associated with the greeting card. By way of yet another non-limiting example, an advertisement can be related in some manner to content experienced via the greeting card, e.g., an advertisement for sun tan lotion presented while a surfing clip is being experienced, or the greeting card's theme, e.g., Coca-Cola® theme for the greeting card, can include an integrated advertisement” paragraph 31.
See also “[0030] Content 412 can be a part of the artistic style 402 of the greeting card and/or can be experienced as a part of a product placement or other product integration during the greeting card's presentation, for example. Product integration 404 includes without limitation any type of presentation associated with a product represented in the greeting card. For example, the theme 400 can include a product integration 404 that comprises a representation of a product such as a handheld device that a user typically uses to experience multimedia content, e.g., a Sony PSP®, PlayStation Portable, with the representation appearing to be playing portions of content 412”, paragraph 30.
“[0100] The network link 521 typically provides data communication through one or more networks to other data devices. For example, network link 521 may provide a connection through local network 522 to a host computer 523 or to data equipment operated by an Internet Service Provider (ISP) 524 [Examiner interprets as a second server]. ISP 524 in turn provides data communication services through the worldwide packet data communication network now commonly referred to as the Internet 525….”, paragraph 100 and Fig. 5.
“[0101] The computer 500 can send messages and receive data, including program code, through the network(s), network link 521, and communication interface 520. In the Internet example, server 526 might transmit a requested code for an application program through Internet 525, ISP 524, local network 522 and communication interface 520”, paragraph 101);
[d) receiving, by the first server from the second server via a network interface, an indication of advertising information] for the first user, the second user, or both, the advertising information based at least in part on the digital creative element selection information and the first user data, the second user data, or both;
(“[0074] FIG. 3B provides a view from the perspective of a recipient of the greeting card. The greeting card 300 presented to the recipient includes the e-commerce component 312, content component 314 and optionally the advertisement component 316 (in a case of a ad/marketing-supported generation model). Using a player, e.g., player 200, the user can access components 312, 314, 316 of the greeting card 300, which direct the recipient to the original e-commerce, content and advertiser/marketing 302, 304, and 306 (respectively) identified during generation of the greeting card”, paragraph 74 and Fig. 3B) and
e) identifying, by the first server via the application corresponding to the first server, relevant advertising content for the first user, the second user, or both, from the advertising information based at least in part on the digital creative element selection information, the first user data, the second user data, or any combination thereof;
(“[0010] In accordance with one or more embodiments, a greeting card can include one or more advertisements that are relevant to the greeting card contents. By way of a non-limiting example, an advertisement can be included with a greeting card that is relevant to the content, theme, and/or gift portions of the greeting card.
[0011] In accordance with one or more embodiments, the content, gift and theme selections made in generating a greeting card are independently interchangeable, such that selection of one, e.g., a theme, need not impact or limit the selection of another, e.g., content and/or gift. In accordance with one or more embodiments, gift suggestions can be made available that are relevant to the content selected for the greeting card”, paragraph 10-11.
“[0035] In accordance with one or more such embodiments, as with the sender, the greeting card recipient can be provided with reminders, e.g., reminders of the source of content and/or a gift. As is described in more detail below with reference to FIG. 2, a greeting card recipient can identify a source of the content or gift associated with a greeting card, and can be directed, e.g., via a selectable link within the player, to the source's web site”, paragraph 35.
“[0079] Smart profiles provide another example of smart technology, and allow a user to personalize their profile settings to remember important dates, provide a reminder/notification of specific/important dates. Users can be notified when their friends send cards to shared peers within a social network. Users can be provided with an ability to create a wish list, which can be seen by other users. Users can have the ability to control whether or not other users are permitted to browse their gift and/or card history and wish lists…”, paragraph 79);
f) autonomously generating, by the first server, a first behavior trigger for the first user, the second user, or both, the first behavior trigger in accordance with the relevant advertising content, the first user data and the second user data, or any combination thereof,
(“….a greeting card, include a personalized message for the greeting card, identify content that is to be a part of the greeting card, and to optionally associate one or more gifts, or information associated with the one or more gifts, to the greeting card [Examiner interprets as … first digital greeting card ]”, paragraph 8.
“[0085] A riddle greeting card can comprise a card having content in a form of a puzzle, riddle or game. The gift is revealed once the puzzle, e.g., arcade game, chess, tic-tac-toe, etc. is solved [Examiner interprets as a behavior trigger]. …. A greeting card can include a survey element, to obtain feedback from a user or card recipient. For example, a survey element can be attached to a card, and the user/recipient can be enticed to supply an answer to the survey with a potential to receive something in exchange for their time in completing a survey[Examiner interprets as a second message includes the first behavior trigger]”, paragraph 85),
wherein the first behavior trigger comprises an offer, a coupon, an announcement, a banner, an electronic link, a visual code, a visual input, a digital prompt, or any combination thereof;
(“[0059] Examples of types of data that can be collected include without limitation data collected from a transaction, data purchased from a data collection entity, and other data collection, e.g., data collected from user surveys. Transaction data can be used to identify a customer's past behavior, e.g., what the customer has actually done. Such information can be used as a predictor of future behavior.”, paragraph 59.
“A greeting card can include a survey element, to obtain feedback from a user or card recipient. For example, a survey element can be attached to a card, and the user/recipient can be enticed to supply an answer to the survey with a potential to receive something in exchange for their time in completing a survey[Examiner interprets as first behavior trigger comprises an offer, a coupon, an announcement, a banner,etc ]”, paragraph 85);
g) embedding, by the first server via the application corresponding to the first server, the first behavior trigger into a network message; and
“[0031] In addition, embodiments of the present disclosure provide a mechanism to expose users, e.g., a user that generates the card, a sender, and/or a user that receives the card, a recipient, to advertisements and/or marketing information, which can be integrated seamlessly into the card. For example, advertisers/marketers can use lower third overlays and other elements integral to the presentation to advertise a product, e.g., a product that compliments the content, and/or the gift, associated with the greeting card. By way of yet another non-limiting example, an advertisement can be related in some manner to content experienced via the greeting card, e.g., an advertisement for sun tan lotion presented while a surfing clip is being experienced, or the greeting card's theme, e.g., Coca-Cola® theme for the greeting card, can include an integrated advertisement”, paragraph 31);
h) transmitting, by the first server to the first user device or the second user device via the application corresponding to the first server, the network message comprising the first behavior trigger for the first user or the second user.
(“[0073] FIG. 3 illustrates a bidirectional aspect of the greeting card system in accordance with one or more embodiments of the present disclosure. FIG. 3A illustrates a view from the perspective of a sender. The sender uses the greeting card generation system to generate greeting card 300, e.g., by selecting a theme, content, personalized message, and gift using interface 100 of FIG. 1. The generated greeting card comprises an e-commerce component 312 corresponding to one or more e-commerce entities 302, and a content 314 that corresponds to one or more content sources/providers 304. In accordance with one or more embodiments and in a case that an ad-supported or marketing-supported model is used to generate the greeting card 300, greeting card 300 can include an advertisement, or marketing, component 316, corresponding to one or more advertisers/marketing entities”, paragraph 73 and Fig. 3).
Although, HORVITZ teaches an advertiser 306 in communication with greeting cards “…send an electronic greeting card via said platform …”, claim 1. And
“[0100] The network link 521 typically provides data communication through one or more networks to other data devices. For example, network link 521 may provide a connection through local network 522 to a host computer 523 or to data equipment operated by an Internet Service Provider (ISP) 524 [Examiner interprets as a second server]. ISP 524 in turn provides data communication services through the worldwide packet data communication network now commonly referred to as the Internet 525….”, paragraph 100 and Fig. 5.
HORVITZ is silence about
receive, by the first server from the second server via a network interface, an indication of advertising information
However, Akhter discloses
“[0183] FIGS. 1 and 2 illustrate the steps of the claimed marketing method. The Personal Companion, also known as the navigation device (ND), may be linked to an ad server in step 20. The ad server is preferably centrally located and may include a single computer server or a plurality of computer servers. One skilled in the art will appreciate that such an ad server may communicate with an ND using a wireless Internet protocol, which may require the use of a satellite link The server or servers may run any commercially available operating systems …”, paragraph 183 and Figs. 1-2.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Akhter’s teaching with the teaching of HORVITZ. One would have been motivated to provide functionality to run ad servers in order to store central advertisements “…advertisements may be stored centrally on an ad server …”, (see Akhter paragraph 188).
As to claim 13, it comprises the same limitations than claim 1 above therefore is rejected in the same manner. Further the claim comprises
An apparatus, comprising:
one or more memories storing processor-executable code (paragraph 37 and 96); and
one or more processors coupled with the one or more memories and
individually or collectively operable to execute the code (paragraphs 103 and 96-97).
As to claim 20, it comprises the same limitations than claim 1 above therefore is rejected in the same manner.
As to claims 2 and 14, HORVITZ discloses a method, comprising:
a) wherein the first behavior trigger is autonomously generated for one of the first user or the second user, the method further comprising: autonomously generating, by the first server, a second behavior trigger for the other of the first user or the second user, the second behavior trigger in accordance with the relevant advertising content, the first user data, the second user data, or any combination thereof;
(“…The smart technology can integrate analytics to suggest gifts based on a sender profile and/or recipient profile, which profile can include historical information, preferences, demographic information, for example. …”, paragraph 77.
“… A greeting card can include a survey element, to obtain feedback from a user or card recipient. For example, a survey element can be attached to a card, and the user/recipient can be enticed to supply an answer to the survey [Examiner equates as a second behavior trigger] with a potential to receive something in exchange for their time in completing a survey”, paragraph 85).
and b) transmitting, by the first server to the first user device, the second behavior trigger for the other of the first user or the second user.
(“…The smart technology can integrate analytics to suggest gifts based on a sender profile and/or recipient profile, which profile can include historical information, preferences, demographic information, for example. …”, paragraph 77).
As to claims 3 and 15, HORVITZ discloses
wherein the second behavior trigger comprises a second offer, a second coupon, a second announcement, a second banner, a second electronic link, a second visual code, a second visual input, a second digital prompt, or any combination thereof.
(“… A greeting card can include a survey element, to obtain feedback from a user or card recipient. For example, a survey element can be attached to a card, and the user/recipient can be enticed to supply an answer to the survey [Examiner equates as a second behavior trigger] with a potential to receive something in exchange for their time in completing a survey”, paragraph 85).
As to claims 6 and 18, HORVITZ discloses
wherein the first behavior trigger comprises a selectable link embedded in the network message to provide access to the advertising information by the first user device, by the second user device, or by a third user device based at least in part on the network message being transmitted to the first user device or the second user device.
(“[0035] In accordance with one or more such embodiments, as with the sender, the greeting card recipient can be provided with reminders, e.g., reminders of the source of content and/or a gift. As is described in more detail below with reference to FIG. 2, a greeting card recipient can identify a source of the content or gift associated with a greeting card, and can be directed, e.g., via a selectable link within the player, to the source's web site”, paragraph 35.
“[0079] Smart profiles provide another example of smart technology, and allow a user to personalize their profile settings to remember important dates, provide a reminder/notification of specific/important dates. Users can be notified when their friends send cards to shared peers within a social network. Users can be provided with an ability to create a wish list, which can be seen by other users. Users can have the ability to control whether or not other users are permitted to browse their gift and/or card history and wish lists…”, paragraph 79);
As to claims 7 and 19, HORVITZ discloses
wherein the first behavior trigger comprises a digital visual data trigger that is configured to provide access to the advertising information by the first user device, or by the second user device, or by a third user device based at least in part on the network message being transmitted to the second user device.
(“… an advertisement for sun tan lotion presented while a surfing clip is being experienced, or the greeting card's theme, e.g., Coca-Cola® theme for the greeting card, can include an integrated advertisement….”, paragraph 31).
As to claim 8, HORVITZ discloses
wherein a first message includes both a first digital greeting card corresponding to a digital greeting care corresponding to the digital creative element selection information and the first behavior trigger.
(“[0008] In yet other embodiments, a greeting card generation method comprises steps to make a user interface available to a user computing device, the user interface comprising at least one display that allows the user to identify a theme for a greeting card, include a personalized message for the greeting card, identify content that is to be a part of the greeting card, and to optionally associate one or more gifts, or information associated with the one or more gifts, to the greeting card [Examiner interprets as includes both the first digital greeting card and the first behavior trigger]”, paragraph 8. See also paragraphs 9-11).
As to claim 9, HORVITZ discloses
wherein the first digital creative element comprises content corresponding to a vendor or a product associated with the relevant advertising content.
(“…The greeting card generation system allows the user to identify a theme for the greeting card, include a personalized message, identify content that is to be a part of the greeting card, and optionally attach one or more gifts to the greeting card. Examples of gifts or gift types include, without limitation: charitable, coupons, digital downloads, gift cards, physical items, subscriptions, and the like”, paragraphs 21 and 30).
As to claim 10, HORVITZ discloses
wherein the first digital creative element comprises a greeting card, an animated video, a recorded video, a written message, or any combination thereof (paragraphs 8 and 21).
As to claim 11, HORVITZ discloses
wherein the first user data comprises user preferences corresponding to one or more applications supported by the first user device, product preference information corresponding to the one or more applications, purchasing history for the first user and corresponding to the one or more applications, cookie information corresponding to the one or more applications, keystroke information input via the first user device, demographic inferences corresponding to a first digital greeting card, one or more current conditions associated with selection of the first digital greeting card, or any combination thereof.
(“[0057] Embodiments of the present disclosure collect data, and mine the data collected, e.g., to gain knowledge from the historical data, make predictions to increase revenue and/or cut costs and/or to provide decision support. Data mining and analysis can be used to identify the goods to be promoted to the customer/user, a probability that a user will respond to a planned promotion [Examiner interprets as user data corresponding to a first user associated with the first user device], predict peak network loads, identification of producers of defective goods, as some non-limiting examples”, paragraphs 57-58 and 60.
“[0080] Smart technology can provide a mechanism to import information from one or more applications, such as address book or contact information, calendar information, into the greeting card generation system. In addition, a mechanism can be provided to verify and/or synchronize such information”, paragraph 80. See also paragraphs 77-79).
As to claim 12, HORVITZ discloses
wherein the second user data comprises one or more conditions corresponding to a first digital greeting card, a device identifier corresponding to the second user device, contents of the first digital greeting card, demographic information corresponding to the first digital greeting card, registration information corresponding to an application or operating system at the second user device, or any combination thereof.
(“…The theme 400 can also identify a point during presentation at which gift 414, and/or hints or other information associated with the gift 414, are to be revealed to the recipient. ..”, paragraph 29.
“[0031] In addition, embodiments of the present disclosure provide a mechanism to expose users, e.g., a user that generates the card, a sender, and/or a user that receives the card, a recipient, to advertisements and/or marketing information, which can be integrated seamlessly into the card. …”, paragraph 31.
“…The smart technology can integrate analytics to suggest gifts based on a sender profile and/or recipient profile, which profile can include historical information, preferences, demographic information, for example. A recommender can suggest content, gifts or themes considered to be similar or relevant to content, gifts or themes “browsed” by users”, paragraph 77).
Claims 4, 5, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US Pg. Pub. No. 20160117753 (HORVITZ) in view of US Pg. Pub. No. 20120101883 (Akhter) and in view of US Pg. Pub. No. 20130159445 (Zonka).
As to claims 4 -5 and 16-17, HORVITZ discloses
Claims 4, 16:
further comprising:
receiving, by the first server from the first user device or the second user device, [a confirmation message indicating successful receipt by the first user device or the second user device of the first behavior trigger].
(“..69] Icons 204 provide other functionality associated with a greeting card in accordance with one or more embodiments of the present disclosure. Gift delivery icon 204D can be used with a gift that is to be physically delivered, e.g., a camera [Examiner interprets as a confirmation message indicating successful receipt] The user selects icon 204D to provide the necessary delivery information, e.g., shipping name and address”, paragraph 69.
“[0071] Icon 204A allows the user to open an email message to send the greeting card to another recipient. Icon 204B allows the user to input a comment, e.g., a comment on the greeting card, or input survey information[Examiner interprets as a confirmation message indicating successful receipt]”, paragraph 71).
See also
“…the greeting card generation system can be made available to the user from a web site at which the user purchased a gift. In accordance with one or more such embodiments, a user is provided with an ability to create a greeting card during, or in connection with, a checkout process of an e-commerce site [Examiner interprets as a confirmation
message], online merchant, etc. …”, paragraph 53.
“ …Users can be notified when their friends send cards to shared peers within a social network. Users can be provided with an ability to create a wish list, which can be seen by other users. Users can have the ability to control whether or not other users are permitted to browse their gift and/or card history and wish lists….”, paragraph 79).
HORVITZ is silent, but Zonka discloses
a confirmation message indicating successful receipt by the second user device
(“…0012] In some embodiments, the invention provides a method including a server that generates a web page for a user. The web page is part of a social networking website that interconnects members, including the user, with each other based on an association request and confirmation process. …. for use in an electronic greeting card….”, paragraph 12. “…a confirmation is sent to the web browser 57 to indicate to the user that the transaction completed…”, paragraph 33. “…the e-card 455 and attached media 460 until receiving a payment confirmation from the payment module 120 that either the e-card 455 has been paid for by the user …”, paragraph 98 and Fig. 2. “… after causing an e-card to be generated and sent, the user is presented with a confirmation page, which displays information related to the e-card transaction, such as purchase price, expected delivery date, and tracking information [Examiner interprets as a confirmation message indicating successful receipt by the second user device]. In some implementations, the confirmation page also includes tax information related to a charitable donation made based on the purchase of the e-card. …”, paragraph 138).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Zonka’s teaching with the teaching of HORVITZ. One would have been motivated to provide functionality to track a greeting card in order to support an active social network process, “…hat selectively associates members, including the user, with each other based on an association request and confirmation process…”, (see Zonka at least claims 2 and 8).
Claims 5, 17:
HORVITZ is silent, but Zonka discloses
forwarding, by the first server to the first user device, the confirmation message.
(see at least “…0012] In some embodiments, the invention provides a method including a server that generates a web page for a user. The web page is part of a social networking website that interconnects members, including the user, with each other based on an association request and confirmation process. …. for use in an electronic greeting card….”, paragraph 12.
“[0138] In some implementations, after causing an e-card to be generated and sent, the user is presented with a confirmation page, which displays information related to the e-card transaction, such as purchase price, expected delivery date, and tracking information. In some implementations, the confirmation page also includes tax information related to a charitable donation made based on the purchase of the e-card. In other implementations, the server 65 tracks …. information for users…”, paragraph 138).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Zonka’s teaching with the teaching of HORVITZ. One would have been motivated to provide functionality to track a greeting card in order to support an active social network process, “…that selectively associates members, including the user, with each other based on an association request and confirmation process…”, (see Zonka at least claims 2 and 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“A consumption model for targeted electronic advertising”. IEEE. 1995.
Information distribution networks will give consumers access to rich media-based electronic content in both business and home settings. Electronic advertising will become an integral component of such networks, subsidizing consumption while providing a new service for consumers without invading their personal space. The consumption model presented in this article explains how consumer-driven advertising might develop-and why it probably won't be soon.<>
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA VICTORIA VANDERHORST whose telephone number is (571)270-3604. The examiner can normally be reached on business hours from Monday through Friday from 8:30 AM to 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashraf Waseem can be reached on 571-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA V VANDERHORST/ Primary Examiner, Art Unit 3621 6/27/2026
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