DETAILED ACTION
This Non-Final Office Action is in response to the application filed on 05/27/2025.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
As an initial matter, the claims as a whole are to a process, an apparatus and a manufacture, which falls within one or more statutory categories. (Step 1: YES) The recitation of the claimed invention is then further analyzed as follow, in which the abstract elements are boldfaced.
Claim 1 recites:
A method, comprising:
storing, by a processing system including a processor, sub-tokens associated with a user device in a reward token database according to a reward value for the user device;
providing, by the processing system, media content data and an indication to the user device of a preferred activity for earning the sub-tokens according to an advertising objective;
monitoring, by the processing system, the user device to detect an activity at the user device consistent with the preferred activity; and
activating, by the processing system, the sub-tokens associated with the user device in the reward token database responsive to detecting the activity at the user device consistent with the preferred activity.
Claims 2 and 9 recite:
wherein the storing the sub-tokens includes storing previously activated sub-tokens.
Claims 3, 10 and 17 recite:
receiving, by the processing system, device data from the user device to provide the reward value according to an advertising objective.
Claims 4, 11 and 18 recite:
wherein the user device presents information associated with the media content data and the sub-tokens assigned to the user device.
Claims 5, 12 and 19 recite:
sending, by the processing system, an instruction to present information on the user device that a particular portion of the sub-tokens is available on a second user device.
Claims 6, 13 and 20 recite:
monitoring, by the processing system, the second user device to detect the activity at the user device consistent with the preferred activity.
Claim 7 recites:
An apparatus, comprising:
a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, comprising:
storing sub-tokens associated with a user device in a reward token database according to a reward value for the user device;
providing media content data and an indication to the user device of a preferred activity for earning the sub-tokens according to an advertising objective; and
activating the sub-tokens associated with the user device in the reward token database according to detection of activity at the user device consistent with the preferred activity.
Claims 8 and 15 recite:
wherein the operation further comprise monitoring the user device to detect the activity at the user device consistent with the preferred activity.
Claim 14 recites:
A non-transitory machine-readable storage medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, comprising:
storing sub-tokens associated with a user device in a reward token database;
providing media content data and an indication to the user device of a preferred activity for earning the sub-tokens according to an advertising objective; and
activating the sub-tokens associated with the user device in the reward token database according to detection of activity at the user device consistent with the preferred activity.
Claim 16 recites:
wherein the storing the sub-tokens is further according to a reward value for the user device.
Based on the limitations above, the claims describe a process that covers providing advertising reward. Advertising is considered to be a commercial interaction, which falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. As such, the claim(s) recite(s) a Judicial Exception. (Step 2A prong one: Yes)
This analysis then evaluates whether the claims as a whole integrates the recited Judicial Exception into a practical application of the exception. In particular, the claims recite the additional element(s) of “processor” as a mere tool to perform the steps of the Judicial Exception, which encompasses no more than Mere Instruction to Apply.
For example, the limitation “storing, by a processing system including a processor, sub-tokens associated with a user device in a reward token database according to a reward value for the user device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of storing reward sub-tokens associated with a user device in a database;
the limitation “providing, by the processing system, media content data and an indication to the user device of a preferred activity for earning the sub-tokens according to an advertising objective” encompasses no more than generically invoking a processor to apply the Judicial Exception step of providing media content data and indication to the user of a preferred activity for earning the sub-tokens;
the limitation “monitoring, by the processing system, the user device to detect an activity at the user device consistent with the preferred activity” encompasses no more than generically invoking a processor to apply the Judicial Exception step of monitoring the user device to detect activity consistent with the preferred activity;
the limitation “activating, by the processing system, the sub-tokens associated with the user device in the reward token database responsive to detecting the activity at the user device consistent with the preferred activity” encompasses no more than generically invoking a processor to apply the Judicial Exception step of activating the reward sub-tokens in response to detecting the preferred activity;
the limitation “wherein the storing the sub-tokens includes storing previously activated sub-tokens” encompasses no more than generically invoking a processor to apply the Judicial Exception step of storing previously activated sub-tokens;
the limitation “receiving, by the processing system, device data from the user device to provide the reward value according to an advertising objective” encompasses no more than generically invoking a processor to apply the Judicial Exception step of receiving device data from the user to provide the reward value according to an advertising objective;
the limitation “wherein the user device presents information associated with the media content data and the sub-tokens assigned to the user device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of presenting information associated with the media content data and sub-tokens assigned to the user device;
the limitation “sending, by the processing system, an instruction to present information on the user device that a particular portion of the sub-tokens is available on a second user device” encompasses no more than generically invoking a processor to apply the Judicial Exception step of presenting information that a particular portion of the sub-tokens is available on a second user device;
the limitation “monitoring, by the processing system, the second user device to detect the activity at the user device consistent with the preferred activity” encompasses no more than generically invoking a processor to apply the Judicial Exception step of monitoring the second user device to detect the preferred activity;
Other than being generally linked to the steps of the Judicial Exception, the additional elements in the above step(s) is/are recited at a high-level of generality, without technological detail of how the particular steps are performed technologically. The additional element(s) of “memory” and/or “non-transitory storage medium” are generically recited to store data and/or instructions of the Judicial Exception.
The additional element(s) of “user device” are generically recited to perform input/output (presenting) steps described only by a result-oriented solution with insufficient detail for how the user device accomplish it.
Indeed, the instant claims (1) attempted to cover a solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result; (2) used of a computer or other machinery in its ordinary capacity for economic or other tasks or simply added a general purpose computer or computer components after the fact to the Judicial Exception and (3) generally applied the Judicial Exception to a generic computing environment without limitation indicative of practical application (See MPEP 2106.04(d)I). Thus, the claims are no more than Mere Instruction to Apply the Judicial Exception (See MPEP 2106.05(f)) or adding insignificant extra-solution activity to the judicial exception (See MPEP 2106.05(g)), which do not integrate the cited Judicial Exception into practical application (Step 2A prong two: No) The claims are directed to a Judicial Exception.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to provide advertising reward to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. No additional element currently recited in the claims amount the claims to be significantly more than the cited abstract idea. (Step 2B: No)
Therefore, claims 1-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1-20 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Bugiu et al.
As per claim 1, Bugiu discloses a method comprising:
storing, by a processing system including a processor, sub-tokens associated with a user device in a reward token database according to a reward value for the user device; (See Bugiu Paragraph 0031-0033, 0049 and 0053-0055. Storing free minute (credit) data in database.)
providing, by the processing system, media content data and an indication to the user device of a preferred activity for earning the sub-tokens according to an advertising objective; (See Bugiu Paragraph 0013-0014, 0031, 0040 and 0047-0048)
monitoring, by the processing system, the user device to detect an activity at the user device consistent with the preferred activity; (See Bugiu Paragraph 0031, 0047 and 0065-0067) and
activating, by the processing system, the sub-tokens associated with the user device in the reward token database responsive to detecting the activity at the user device consistent with the preferred activity. (See Bugiu Paragraph 0031, 0047 and 0065-0067)
As per claim 7, Bugiu discloses an apparatus comprising:
a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, comprising:
storing sub-tokens associated with a user device in a reward token database according to a reward value for the user device; (See Bugiu Paragraph 0031-0033, 0049 and 0053-0055. Storing free minute (credit) data in database.)
providing media content data and an indication to the user device of a preferred activity for earning the sub-tokens according to an advertising objective; (See Bugiu Paragraph 0013-0014, 0031, 0040 and 0047-0048) and
activating the sub-tokens associated with the user device in the reward token database according to detection of activity at the user device consistent with the preferred activity. (See Bugiu Paragraph 0031, 0047 and 0065-0067)
As per claim 14, Bugiu discloses a non-transitory machine-readable storage medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, comprising:
storing sub-tokens associated with a user device in a reward token database; (See Bugiu Paragraph 0031-0033, 0049 and 0053-0055. Storing free minute (credit) data in database.)
providing media content data and an indication to the user device of a preferred activity for earning the sub-tokens according to an advertising objective; (See Bugiu Paragraph 0013-0014, 0031, 0040 and 0047-0048) and
activating the sub-tokens associated with the user device in the reward token database according to detection of activity at the user device consistent with the preferred activity. (See Bugiu Paragraph 0031, 0047 and 0065-0067)
As per claims 2 and 9, Bugiu discloses:
wherein the storing the sub-tokens includes storing previously activated sub-tokens. (See Bugiu Paragraph 0031-0033, 0049 and 0053-0055. Storing free minute (credit) data in database.)
As per claims 3, 10 and 17, Bugiu discloses:
receiving, by the processing system, device data from the user device to provide the reward value according to an advertising objective. (See Bugiu Paragraph 0031, 0047 and 0065-0067)
As per claims 4, 11 and 18, Bugiu discloses:
wherein the user device presents information associated with the media content data and the sub-tokens assigned to the user device. (See Bugiu Paragraph 0045)
As per claims 5, 12 and 19, Bugiu discloses:
sending, by the processing system, an instruction to present information on the user device that a particular portion of the sub-tokens is available on a second user device. (See Bugiu Paragraph 0011-0016, )
As per claims 6, 13 and 20, Bugiu discloses:
monitoring, by the processing system, the second user device to detect the activity at the user device consistent with the preferred activity. (See Bugiu Paragraph 0031, 0047 and 0065-0067)
As per claims 8 and 15, Bugiu discloses:
wherein the operation further comprise monitoring the user device to detect the activity at the user device consistent with the preferred activity. (See Bugiu Paragraph 0031, 0047 and 0065-0067)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHO KWONG whose telephone number is (571)270-7955. The examiner can normally be reached 9am - 5pm EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL W ANDERSON can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHO YIU KWONG/Primary Examiner, Art Unit 3693
Prosecution Insights