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
1. This office action is responsive to the restriction election filed on 05/29/2026. Claims 11-15, and 24-27 are elected with traverse. Claims 1-10 and 15-19 are withdrawn. Claims 20-23 are canceled. Claims 11-15, and 24-27 are pending examination.
Election/Restrictions
2. Applicants’ election with traverse of claims 11-15, and 24-27 in the Response is acknowledged. The traversal is on the grounds that a serious search burden does not exist. This is not found persuasive because Applicants have not provided sufficient reasons why a serious search burden does not exist.
As set forth in the Restriction Requirement mailed on 04/14/2026, the Examiner maintains that a serious search burden does exist because at least the following reasons apply:
Claims 1-10, drawn to Determining effectiveness of advertisements, classified in G06Q30/0242.
II. Claims 11-14, drawn to Targeted advertisement, classified in G 06Q 30/0251. Claims 15-19, drawn to Advertisement, classified in G 06Q 30/0241. Claims 20-23, drawn to Vehicular advertisement, classified in G 06Q 30/0265.
Additionally, the Examiner has determined that claims 1, 15, and 20 are patentably distinct from claim 11. See Restriction Requirement. Applicants do not traverse the Examiner’s determination that the claims are patentably distinct. The requirement is still deemed proper and is therefore made FINAL.
Claims 1-10 and 15-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicants timely traversed the restriction requirement in the 2012 November Response.
Claim Rejections - 35 USC § 101
3. 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 11-15, and 24-27 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.
Claim(s) 11 is/are drawn to a system (i.e., a machine/manufacture). As such, claim 11 is/are drawn to one of the statutory categories of invention.
Claims 11-15, and 24-27 are directed to ABSTRACT IDEA. Specifically, claim(s) 11 recite(s) evaluating narrative or message-based content across multiple analytical axes, (a) an input interface configured to receive a media input comprising a narrative or message-based work product, (b) normalize the a format of the media input and segment the content media input for analysis, (c) route through a plurality of scoring comprising: i. an artistic scoring configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata, configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata, ii. evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata, and configured to evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata, iii. evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, wherein configured to generate, from outputs of the plurality of scoring, a structured media scorecard data object comprising a plurality of separately maintained scorecard axes, each separately maintained scorecard axis corresponding to a respective scoring dimension and including at least one score value and associated evaluative metadata for that scoring dimension; and wherein the plurality of separately maintained scorecard axes includes at least an artistic scorecard axis corresponding to the artistic scoring, a commercial potential scorecard axis corresponding to the commercial potential, and a demographic quadrant scorecard axis corresponding to the demographic quadrant alignment, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and grouped as following:
evaluating narrative or message-based content across multiple analytical axes, (a) an input interface configured to receive a media input comprising a narrative or message-based work product, (b) normalize the a format of the media input and segment the content media input for analysis, (c) route through a plurality of scoring comprising: i. an artistic scoring configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata, configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
ii. evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata, and configured to evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
iii. evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, wherein configured to generate, from outputs of the plurality of scoring; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
a structured media scorecard data object comprising a plurality of separately maintained scorecard axes, each separately maintained scorecard axis corresponding to a respective scoring dimension and including at least one score value and associated evaluative metadata for that scoring dimension; and wherein the plurality of separately maintained scorecard axes includes at least an artistic scorecard axis corresponding to the artistic scoring; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
a commercial potential scorecard axis corresponding to the commercial potential, and a demographic quadrant scorecard axis corresponding to the demographic quadrant alignment; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as system, preprocessing module, analytical units, core analysis engine, scoring modules, commercial potential module, demographic quadrant alignment module, merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the system, preprocessing module, analytical units, core analysis engine, scoring modules, commercial potential module, demographic quadrant alignment module, perform(s) the steps or functions of evaluating narrative or message-based content across multiple analytical axes, (a) an input interface configured to receive a media input comprising a narrative or message-based work product, (b) normalize the a format of the media input and segment the content media input for analysis, (c) route through a plurality of scoring comprising: i. an artistic scoring configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata, configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata, ii. evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata, and configured to evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata, iii. evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, wherein configured to generate, from outputs of the plurality of scoring, a structured media scorecard data object comprising a plurality of separately maintained scorecard axes, each separately maintained scorecard axis corresponding to a respective scoring dimension and including at least one score value and associated evaluative metadata for that scoring dimension; and wherein the plurality of separately maintained scorecard axes includes at least an artistic scorecard axis corresponding to the artistic scoring, a commercial potential scorecard axis corresponding to the commercial potential, and a demographic quadrant scorecard axis corresponding to the demographic quadrant alignment. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, preprocessing module, analytical units, core analysis engine, scoring modules, commercial potential module, demographic quadrant alignment module, to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of evaluating narrative or message based on content across multiple analytical axes. As discussed above, taking the claim elements separately, the system, preprocessing module, analytical units, core analysis engine, scoring modules, commercial potential module, demographic quadrant alignment module, perform(s) the steps or functions of evaluating narrative or message-based content across multiple analytical axes, (a) an input interface configured to receive a media input comprising a narrative or message-based work product, (b) normalize the a format of the media input and segment the content media input for analysis, (c) route through a plurality of scoring comprising: i. an artistic scoring configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata, configured to evaluate at least one artistic characteristic of the media input and generate an artistic score and associated artistic evaluative metadata, ii. evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata, and configured to evaluate at least one market-related characteristic of the media input and generate a commercial potential score and associated commercial evaluative metadata, iii. evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, wherein configured to generate, from outputs of the plurality of scoring, a structured media scorecard data object comprising a plurality of separately maintained scorecard axes, each separately maintained scorecard axis corresponding to a respective scoring dimension and including at least one score value and associated evaluative metadata for that scoring dimension; and wherein the plurality of separately maintained scorecard axes includes at least an artistic scorecard axis corresponding to the artistic scoring, a commercial potential scorecard axis corresponding to the commercial potential, and a demographic quadrant scorecard axis corresponding to the demographic quadrant alignment. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of evaluating narrative or message based on content across multiple analytical axes. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 12-15, and 24-27 further describe the abstract idea of evaluating narrative or message based on content across multiple analytical axes. Claim(s) 12-15, and 24-27 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, symbolic tagging module, ideological risk module, human resonance adjustment module, artificial-intelligence-generated, artificial-intelligence-assisted to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of evaluating narrative or message based on content across multiple analytical axes. As discussed above, taking the claim elements separately, the system, symbolic tagging module, ideological risk module, human resonance adjustment module, artificial-intelligence-generated, artificial-intelligence-assisted perform(s) the steps or functions of wherein the narrative or message-based media work product comprises at least one of a screenplay, advertisement, digital campaign, website, or short-form video transcript, commercial copy, branded communication, and audiovisual transcript; wherein deployed in a computing environment selected from the group that includes one or more of: a. a desktop application,b. a cloud-based platform,c. an API-integrated development environment, andd. a browser-accessible software-as-a-service SaaS portal.software-as-a-serviceSaaS; wherein the user interfacestructured media scorecard data object is configured to displaysupport customized output views based on user roles selected from the group that consists of one or more of: a. producer,b. investor,c. writer,d. marketing strategist, ande. content reviewer; apply metaphorical or thematic annotations to one or more characters, scenes, segments, or structural analytical units of the media input; compute one or more ideological risk indices associated with the media input, wherein the one or more ideological risk indices comprise at least one of a narrative bias risk score, a wokeness score, or a cultural volatility index; detect authorship artifacts indicative of content, wherein the authorship artifacts comprise one or more of mechanically linear emotional arcs, repetitive dialogue logic, surface-level thematic expression, overstructured transitions, flattened emotional arcs, or predictable scene logic; compile the structured media scorecard data object into a structured scorecard output, wherein the structured scorecard output preserves the plurality of separately maintained scorecard axes as non-averaged parallel scoring dimensions. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of evaluating narrative or message based on content across multiple analytical axes. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
4. In reference to independent claims 11, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations steps found in the claims especially limitation that says: “a demographic quadrant alignment module configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, wherein the core analysis engine is configured to generate, from outputs of the plurality of scoring modules, a structured media scorecard data object comprising a plurality of separately maintained scorecard axes, each separately maintained scorecard axis corresponding to a respective scoring dimension and including at least one score value and associated evaluative metadata for that scoring dimension; and wherein the plurality of separately maintained scorecard axes includes at least an artistic scorecard axis corresponding to the artistic scoring module, a commercial potential scorecard axis corresponding to the commercial potential module, and a demographic quadrant scorecard axis corresponding to the demographic quadrant alignment module.”. No reference found that would teach the above limitation(s).
No reference found that would teach any of the features of the limitation of a demographic quadrant alignment module configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, configured to evaluate audience appeal across a plurality of demographic audience segments and generate a demographic quadrant score and associated demographic evaluative metadata, wherein the core analysis engine is configured to generate, from outputs of the plurality of scoring modules, a structured media scorecard data object comprising a plurality of separately maintained scorecard axes, each separately maintained scorecard axis corresponding to a respective scoring dimension and including at least one score value and associated evaluative metadata for that scoring dimension; and wherein the plurality of separately maintained scorecard axes includes at least an artistic scorecard axis corresponding to the artistic scoring module, a commercial potential scorecard axis corresponding to the commercial potential module, and a demographic quadrant scorecard axis corresponding to the demographic quadrant alignment module. Therefore, it lacks the combination of claimed elements as claimed by the independent claims which is an idea of system and Method for an Integrated Scoring and Analysis Framework for Narrative, Entertainment, and Messaging-Based Content A system and method for evaluating narrative, entertainment, or message-based content using a multi-axis diagnostic framework. The system processes a media input-such as a screenplay, advertisement, website, short-form video, or branded communication-through modular scoring layers including artistic merit, commercial potential, demographic alignment, genre fidelity, and ideological sensitivity. Optional components include symbolic tagging, AI-origin detection, and cultural volatility indices. The results are compiled into a structured Media Scorecard comprising numerical scores, qualitative diagnostics, quadrant resonance maps, and role-specific summaries. The system may be deployed as desktop software, cloud platform, or API-integrated service, and optionally incorporates machine learning to refine scoring and forecast performance. Outputs are used to inform development, marketing, investment, and acquisition decisions across entertainment and media ecosystems.
When taken as a whole, the claims are not rendered obvious as no prior art suggested or otherwise render obvious the noted features or otherwise render obvious further modification of the evidence at hand. Such modifications would require substantial reconstruction relying solely on improper hindsight bias, and thus would not be obvious.
NPL Reference
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “What is Narrative Analysis? Types, Methods & Examples” describes “Narrative analysis is a systematic and interpretive approach used to study and understand narratives, essentially stories or accounts of events, experiences, or interactions. This method involves examining the structure, content, and context of narratives to uncover underlying themes, patterns, and meanings. It’s used by researchers analyzing social sciences, psychology, business, communication studies, and more. Let’s understand it better with an example. Imagine you are a market researcher working for a company that wants to understand customer perceptions of a new product launch.”.
Pertinent Art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#9679028 teaches similar invention which describes The y axis of analytical model 800 can represent cost 801. Cost 801 can be scaled based on the available data or can represent a constant scale. Moreover, cost 801 can utilize a linear, logarithmic, or other type of scale to represent the cost associated with each treatment path. The x axis of analytical model 800 can represent the passage of time (e.g., month 802). The scale can be measured in days, months, years, or any other suitable time values. (112) In some embodiments, auxiliary input/output (I/O) subsystems 316 comprise an external communication link or interface, for example, an Ethernet connection. In some embodiments, auxiliary I/O subsystems 316 can further comprise one or more input devices, including a pointing or navigational tool such as a stylus, a clickable trackball or scroll wheel or thumbwheel, or a human finger; and one or more output devices, including a mechanical transducer such as a vibrator for providing vibratory notifications in response to various events on electronic device 300 (for example, receipt of a notification or a message or an incoming phone call), or for other purposes such as haptic feedback (touch feedback); or any combination thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf 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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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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