DETAILED ACTION
Claims 1-15 are pending. Claims 1-15 are rejected.
The instant application is a CON of 17/947,865 filed on 09/19/2022.
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 .
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 (All Claims)
According to the first part of the analysis, in the instant case, claims 1-5 are directed to a method, claims 6-10 are directed to non-transitory computer readable media, and claims 11-15 are directed to a server comprising a processor coupled to storage. Thus, each of the claims falls within one of the four statutory categories (i.e. process, machine, manufacture, or composition of matter).
Step 2A, Prong 1 (Claims 1, 6, and 11)
Regarding claim 1, the following limitations are abstract ideas:
A method of delivering targeted content to a user comprising: is a step that can be practically performed in the human mind and is a mental process which encompasses observation, evaluation and/or judgement.
maintaining a concept map, wherein the concept map is a graphical model of content on a network including a plurality of concept nodes and relationships between the concept nodes; is a step that can be performed as a mental process, with the aid of pen and paper.
maintaining a plurality of network location profiles, wherein each content profile includes a plurality of concepts associated with content available on a network at a network location; is a step that can be performed as a mental process, with the aid of pen and paper.
maintaining a plurality of target profiles, each target profile including a plurality of concepts related to targeted content to be delivered to a user; is a step that can be performed as a mental process, with the aid of pen and paper.
identifying a network location profile corresponding to the content identifier of the content being accessed by the user; is a step that can be practically performed in the human mind and is a mental process which encompasses observation, evaluation and/or judgement.
using the concept map, mapping the identified network location profile to a target profile; is a step that can be performed as a mental process, with the aid of pen and paper.
The above analysis applies to each independent claim as they contain similar limitations.
Step 2A, Prong 2 (Claims 1, 6, and 11)
Regarding claim 1, the following limitations are additional elements:
receiving a bid request provided by a content provider having content being accessed by a user of the network, the bid request including a content identifier associated with the content being accessed; is directed to the insignificant extra-solution activity of mere data gathering and/or selecting a particular data source or type of data to be manipulated as identified in MPEP 2106.05(g).
transmitting the targeted content associated with the mapped target profile for display to the user. is directed to the insignificant extra-solution activity of mere data gathering and/or selecting a particular data source or type of data to be manipulated as identified in MPEP 2106.05(g).
Regarding claim 6, the following limitations are additional elements:
A non transitory computer readable media storing instructions for a computer processor to perform a method of delivering targeted content to a user comprising: is a high-level recitation of a generic computer component and represents mere instructions to apply on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application;
Regarding claim 11, the following limitations are additional elements:
A network server is a high-level recitation of a generic computer component and represents mere instructions to apply on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application;
a processor coupled to the network interface and first, second and third storage, the processor programmed with instructions to: is a high-level recitation of a generic computer component and represents mere instructions to apply on a computer as in MPEP 2106.05(f), which does not provide integration into a practical application;
The above analysis for claim 1 applies to each independent claim as they contain similar limitations. The analysis for claims 6 and 11 is to show the limitations not found in claim 1.
Step 2B (Claims 1, 6, and 11)
Regarding claim 1, the following limitations are additional elements:
receiving a bid request provided by a content provider having content being accessed by a user of the network, the bid request including a content identifier associated with the content being accessed; when re-evaluated under step 2B is further directed to the well-understood, routine, and conventional activity of receiving or transmitting data as identified in MPEP 2106.05(d)II “i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added));”
transmitting the targeted content associated with the mapped target profile for display to the user. when re-evaluated under step 2B is further directed to the well-understood, routine, and conventional activity of receiving or transmitting data as identified in MPEP 2106.05(d)II “i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added));”
Regarding claim 6, the following limitations are additional elements:
A non transitory computer readable media storing instructions for a computer processor to perform a method of delivering targeted content to a user comprising: ((i.e., generic computer components performing generic computer functions) such that they amount to no more than components comprising mere instructions to apply the exception. Accordingly, these additional elements do not integrate the abstract idea(s) into a practical application because they do not impose any meaningful limits on practicing the abstract idea(s))
Regarding claim 11, the following limitations are additional elements:
A network server ((i.e., generic computer components performing generic computer functions) such that they amount to no more than components comprising mere instructions to apply the exception. Accordingly, these additional elements do not integrate the abstract idea(s) into a practical application because they do not impose any meaningful limits on practicing the abstract idea(s))
a processor coupled to the network interface and first, second and third storage, the processor programmed with instructions to: ((i.e., generic computer components performing generic computer functions) such that they amount to no more than components comprising mere instructions to apply the exception. Accordingly, these additional elements do not integrate the abstract idea(s) into a practical application because they do not impose any meaningful limits on practicing the abstract idea(s))
The above analysis for claim 1 applies to each independent claim as they contain similar limitations. The analysis for claims 6 and 11 is to show the limitations not found in claim 1.
The dependent claims are directed to the same abstract ideas as their parent claims. The dependent claims are further directed to clarifying the profile, the target content, and/or concepts. These limitations are further mental processes similar to the above identified abstract ideas. Therefore, the dependent claims are rejected under 35 U.S.C. 103.
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 (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 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, 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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Omoigui, Patent Application Publication No. 2010/0070448 (hereinafter Omoigui) in view of Stitelman et al., Patent Application Publication No. 2016/0241915 (hereinafter Stitelman) and Li et al., Patent Application Publication No. 2018/0218079 (hereinafter Li).
Regarding claim 1, Omoigui teaches:
A method of delivering targeted content to a user comprising (Omoigui Paragraph [1201], The wizard compiles the query, sends the SQML to the KISes in the selected profile, and then displays the results):
maintaining a concept map, wherein the concept map is a graphical model of content on a network including a plurality of concept nodes and relationships between the concept nodes (Omoigui Paragraph [1580], The KIS then dynamically maps the concepts to categories via the KDSes it is configured with and adds a flag to the objects belonging to those categories (in the preferred embodiment) and/or adds a flag to the semantic network with a semantic link);
maintaining a plurality of target profiles (Omoigui Paragraph [1581], If at least one KIS in the request profile indicates that the network was updated, the semantic browser should refresh the request/agent), each target profile including a plurality of concepts related to targeted content to be delivered to a user (Omoigui Paragraph [1201], The wizard compiles the query, sends the SQML to the KISes in the selected profile, and then displays the results);
using the concept map, mapping the identified network location profile to a target profile (Omoigui Paragraph [1580], in this case, the semantic browser extracts the concepts from the object and informs all the KISes in the request profile that the "concepts" have been read. The KIS then dynamically maps the concepts to categories via the KDSes it is configured with and adds a flag to the objects belonging to those categories); and
transmitting the targeted content associated with the mapped target profile for display to the user (Omoigui Paragraph [1201], The wizard compiles the query, sends the SQML to the KISes in the selected profile, and then displays the results).
Omoigui does not expressly disclose:
maintaining a plurality of network location profiles, wherein each content profile includes a plurality of concepts associated with content available on a network at a network location;
identifying a network location profile corresponding to the content identifier of the content being accessed by the user;
However, Stitelman teaches:
maintaining a plurality of network location profiles, wherein each content profile includes a plurality of concepts associated with content available on a network at a network location (Stitelman Paragraph [0010], an electronic billboard at the location can be populated based on the audience profile, user devices accessing a network location via a network access point at the location can be served content based on an identifier of the network access point, and so forth);
identifying a network location profile corresponding to the content identifier of the content being accessed by the user (Stitelman Paragraph [0010], an electronic billboard at the location can be populated based on the audience profile, user devices accessing a network location via a network access point at the location can be served content based on an identifier of the network access point, and so forth);
The claimed invention and Stitelman are from the analogous art of systems using advertisements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teachings of Omoigui and Stitelman to have combined Omoigui and Stitelman. Stitelman teaches using out-of-home devices that can be used to monitor content consumed by users at a particular location to help advertisements (Paragraph 10).
Omoigui in view of Stitelman does not expressly disclose:
receiving a bid request provided by a content provider having content being accessed by a user of the network, the bid request including a content identifier associated with the content being accessed;
However, Li teaches:
receiving a bid request provided by a content provider having content being accessed by a user of the network (Li Paragraph [0026], The first set of keywords are then matched with another set or sets of keywords (e.g., bidwords) associated with one or more content providers (e.g., advertisers)), the bid request including a content identifier associated with the content being accessed (Li Paragraph [0026], The first set of keywords are then matched with another set or sets of keywords (e.g., bidwords) associated with one or more content providers (e.g., advertisers). If there is a match, a corresponding content item or items are identified and retrieved from auxiliary content database 131);
The claimed invention and Li are from the analogous art of content systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teachings of Omoigui in view of Stitelman and Li to have combined Omoigui in view of Stitelman and Li. Li teaches the benefit of removing unwanted content from results (Paragraph 4).
Regarding claim 2, Omoigui in view of Stitelman and Li further teaches:
The method of claim 1, wherein the network location profile includes a network address (Li Paragraph [0041], A user may be represented by a device identifier (ID) of a user device that initiate a search query, as well as other identifying information concerning the user (e.g., name, cookie, location, or network address)), a subject of the content (Li Paragraph [0040], such that the threshold of what is considered to be a blacklisted word can be adjusted (e.g., having a whitelist such as whitelist 123 or allowing less taboo or semi-legal subjects to still trigger searching of content items based on other metrics such as maximizing revenue, content displayed, etc.)), and a plurality of keywords associated with the content (Li Paragraph [0015], when a search query is received for searching content, one or more keywords or phrase are extracted from the search query).
Regarding claim 3, Omoigui in view of Stitelman and Li further teaches:
The method of claim 1, wherein the target profile includes a subject of the targeted content and a plurality of keywords associated with the targeted content (Li Paragraph [0015], when a search query is received for searching content, one or more keywords or phrase are extracted from the search query, Paragraph [0040], such that the threshold of what is considered to be a blacklisted word can be adjusted (e.g., having a whitelist such as whitelist 123 or allowing less taboo or semi-legal subjects to still trigger searching of content items based on other metrics such as maximizing revenue, content displayed, etc.)).
Regarding claim 4, Omoigui in view of Stitelman and Li further teaches:
The method of claim 3, wherein the targeted content is an advertisement (Omoigui Paragraph [0377], Session Announcement Protocol (SAP). In order to assist the advertisement of multicast multimedia conferences).
Regarding claim 5, Omoigui in view of Stitelman and Li further teaches:
The method of claim 1, wherein maintaining the network location profiles further comprises identifying concepts related to the network location but which are not expressly found in the content at the network location (Omoigui Paragraph [0356], The types in the ontology represent the predicates, word senses, or concept and relation types of the language L when used to discuss topics in the domain D).
Claims 6-15 are rejected in the same manner as claims 1-5 but are merely directed to a different embodiment of the same invention (method, computer-readable media, server). Stitelman further teaches memory and a processor (Paragraph 11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Geng, Patent Application Publication No. 2020/0012722 (hereinafter Geng). Geng teaches an expanded semantic mind map with hierarchical semantic concept network relationship (Paragraph 55). This shows that Geng is analogous art as both the claimed invention and Geng are directed to concept maps.
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/DUSTIN D EYERS/ Examiner, Art Unit 2164
/AMY NG/ Supervisory Patent Examiner, Art Unit 2164
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