DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
35 U.S.C. 112(f):
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: acquisition unit, identification unit, generation unit, and display processing unit, in claim1. For example, claim 1 state, “acquisition unit that acquires input…” and “an identification unit that identifies..., a generation unit that generates advertisement content…, and a display processing unit that transmits…”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s) the following limitations that are considered to be abstract ideas:
Claim 1,7,8
acquiring input information that is input to a predetermined generation model by a user;
identifying, based on the input information, product information that is estimated to be selected by the user;
generating advertisement content information that indicates an advertisement content based on the identified product information;
transmitting an advertisement generation request including the advertisement content information to the information processing apparatus;
acquiring an advertisement content based on the advertisement content information from the information processing apparatus; and
displaying the advertisement content.
The limitations of independent claim 1,7, and 8 as detailed above, as drafted, falls within “Certain Methods of Organizing Human Activity” specifically commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) and/or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The applicant’s claims are directed to generating and providing advertising. Accordingly, the claims recite an abstract idea
This judicial exception is not integrated into a practical application. In particular the claims recite the additional elements of:
non-transitory computer readable medium
computer
terminal apparatus
acquisition unit
identification unit
generation unit
display processing unit
The aforementioned additional generic computing elements perform the steps of the claims at a high level of generality (i.e. As a generic medium performing generic computer function of acquiring, identifying, generating, transmitting, and displaying) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
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 elements amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of the computer, or to any other technology, or technical field. Their collective functions merely provide generic computer implementation.
Thus, taken individually and in combination, the additional elements do not amount to
significantly more than the above-identified judicial exception (the abstract idea).
The dependent claims 2-5, appear to merely further limit the abstract and as such, the analysis of dependent claims 2-5 results in the claims “reciting” an abstract idea. For example, claims merely further define the generation model, identifying, advertising content and user information. The claims do not recite additional elements that integrate the exception into a practical application the additional elements do not amount to an inventive concept (significantly more) other than the above-identified judicial exception (the abstract idea).
Thus, based on the detailed analysis above, claims 1-8 are not patent eligible.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chun et al. (US 2025/0069112)
Claims 1, 7, 8: Chun discloses a non-transitory computer readable storage medium having stored therein a control program that causes a computer to execute a process, the process comprising:
acquiring input information that is input to a predetermined generation model by a user; ([0006] The disclosure was devised for improving the aforementioned problem, and the purpose of the disclosure is in providing an electronic apparatus that updates an artificial intelligence model used in obtaining information on a viewing group representing a user in consideration of context information of the user and feedback information of the user, and a control method thereof.)
identifying, based on the input information, product information that is estimated to be selected by the user; ([0093] The first artificial intelligence model may store a plurality of predetermined viewing groups. Then, the first artificial intelligence model may output a probability value for a specific viewing group among the plurality of stored viewing groups based on input data. For example, the first artificial intelligence model may receive context information of a first apparatus as input data, and output soccer (the probability value: 90) which is the viewing group representing the first apparatus as output data.
[0094] When the viewing group information is specified, the at least one processor 130 may obtain an advertisement content corresponding to the viewing group information. As the viewing group information is data that can represent the user, an advertisement content that is the most appropriate for the user may be determined based on the viewing group information.)
generating advertisement content information that indicates an advertisement content based on the identified product information; ([0010] The electronic apparatus may further include a communication interface configured to communicate with a server, and the at least one processor may transmit the obtained viewing group information to the server through the communication interface, receive the advertisement content identified based on the obtained viewing group information from the server through the communication interface, and control the display to display the received advertisement content.)
transmitting an advertisement generation request including the advertisement content information to the information processing apparatus; ( [0011] at least one advertisement content corresponding to the identified viewing groups in the predetermined number from the server through the communication interface, control the display to display the at least one advertisement content based on probability values corresponding to each of the identified viewing groups in the predetermined number.)
acquiring an advertisement content based on the advertisement content information from the information processing apparatus; ([0014], based on receiving a second advertisement content corresponding to the second viewing group information from the server through the communication interface, control the display to display the second advertisement content in a second style.) and
displaying the advertisement content. ([0021], based on receiving at least one advertisement content corresponding to the viewing groups in the predetermined number from the server, the at least one advertisement content may be displayed based on probability values corresponding to each of the viewing groups in the predetermined number.)
Claim 2: Chun discloses the computer readable storage medium according to claim 1, wherein the predetermined generation model is a model that outputs a search result based on a search query that is input by the user, and the acquiring includes acquiring the search result as the input information. (abstract, [0007])
Claim 3: The computer readable storage medium according to claim 2, wherein the identifying includes predicting a behavior of the user with respect to the search result, and identifying the product information based on the predicted behavior. [0083 and 0090]
Claim 4: Chun discloses the computer readable storage medium according to claim 1, wherein the advertisement content includes at least one of a name, a type, a price, and a function of a product. [0151]
Claim 5: Chun discloses the computer readable storage medium according to claim 4, wherein the identifying includes identifying the product information based on the input information and user information on the user. [0108, 0249]
Claim 6: Chun discloses the computer readable storage medium according to claim 5, wherein the user information includes an action history of the user. [0018]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARNELL A POUNCIL whose telephone number is (571)270-3509. The examiner can normally be reached Monday - Friday 10:00 - 6:00.
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/D.A.P/Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622
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