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
Claims 1-20 are pending in this office action.
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 an abstract idea without significantly more.
Step 1 (The Statutory Categories): Is the claim to a process, machine, manufacture or composition of matter? MPEP 2106.03
Per Step 1, claim 1 is directed to a system, claim 10 to a method and claim 19 to a non-transitory computer-readable storage medium, which are statutory categories of invention per Step 1. However, the claims are rejected under 35 U.S.C. 101 because they are directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application or are significantly more.
Step 2A:
a) In analyzing under step 2A Prong One, Does the claim recite an abstract idea law of nature or natural phenomenon? Yes.
Claims 1, 10, 19 similarly recite abstract limitations of
(identify or identifying a candidate set of social media posts based at least on the location information;
determine or determining a graduated visualization level from a plurality of predetermined graduated visualization levels based on the screen attribute information, wherein each graduated visualization level corresponds to a different aggregation density and symbol representation type;
generate or generating an aggregated group comprising a subset of the candidate set of social media posts using grouping criteria that varies based on the determined graduated visualization level;
generate or generating an aggregated graphical symbol based on the aggregated group, wherein the aggregated graphical symbol represents the aggregated group and corresponds to the determined graduated visualization level) as drafted, is a process or system or medium that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. The human mind can perform steps of identifying, determining, generating, and generating. Accordingly, the claims recite an abstract idea.
b) In analyzing under step 2A Prong Two, Does the claim recite additional elements that integrate the judicial exception into a practical application? NO.
Claims do not recite additional elements that integrate the judicial exception into a practical application because the additional limitations of a computer processor; and a social mapping module executing on the computer processor and configured to enable the computer processor to (in claim 1); a computer processor (in claim 10); and a plurality of instructions for location-based social networking, the plurality of instructions configured to execute on at least one computer processor to enable the at least one computer processor to (in claim 19) that are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component.
The additional limitations of (receive or receiving, from a client device, a request for social media posts; provide or providing the aggregated graphical symbol to the client device for display) that represent well-understood, routine, conventional activity (See MPEP 2106.05(g) or 2106.05(d) for Presenting offers and gathering statistics, OIP Techs and Receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec; Storing and retrieving information in memory: Versata; Analyzing data: Genetic Techs; Determining: OIP Techs; Electronic recordkeeping: Alice Corp).
The additional limitations of
(wherein the request comprises location information and screen attribute information associated with a display of the client device) that just indicates request including location and screen attribute associated with display of device;
(wherein the aggregated graphical symbol dynamically transforms between different symbol representation types as the screen attribute information changes across predetermined transformation thresholds) that just indicates wherein the aggregated graphical symbol is used to dynamically transforms between different symbol representation types across predetermined transformation thresholds.
Accordingly, these additional elements do not recite additional elements that integrate the judicial exception into a practical application. The claims are not patent eligible.
c) In analyzing under step 2B, does the claim recite additional elements that amount to significantly more than the judicial exception? NO
Claims do not recite any additional elements that amount to significantly more than the judicial because additional limitations of a computer processor; and a social mapping module executing on the computer processor and configured to enable the computer processor to (in claim 1); a computer processor (in claim 10); and a plurality of instructions for location-based social networking, the plurality of instructions configured to execute on at least one computer processor to enable the at least one computer processor to (in claim 19) that are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component.
The additional limitations of (receive or receiving, from a client device, a request for social media posts; provide or providing the aggregated graphical symbol to the client device for display) that represent well-understood, routine, conventional activity (See MPEP 2106.05(g) or 2106.05(d) for Presenting offers and gathering statistics, OIP Techs and Receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec; Storing and retrieving information in memory: Versata; Analyzing data: Genetic Techs; Determining: OIP Techs; Electronic recordkeeping: Alice Corp).
The additional limitations of
(wherein the request comprises location information and screen attribute information associated with a display of the client device) that just indicates request including location and screen attribute associated with display of device;
(wherein the aggregated graphical symbol dynamically transforms between different symbol representation types as the screen attribute information changes across predetermined transformation thresholds) that just indicates wherein the aggregated graphical symbol is used to dynamically transforms between different symbol representation types across predetermined transformation thresholds.
Accordingly, these additional elements do not amount to significantly more than the judicial exception. The claims are not patent eligible.
Dependent claims include all the limitations of claims 1, 10,19. Therefore, claims 2-9, 11-18, 20 recite the same abstract idea being performed in the mind, and the analysis must therefore proceed to Step 2A Prong Two.
In particularly:
Claims 2, 11, 20 similarly recite abstract idea of (process or processing the screen attribute information comprising at least one selected from a group consisting of a current zoom level, a pan location, an availability of screen space, and an amount of screen space; and determine or determining the graduated visualization level by comparing the screen attribute information against predetermined threshold values corresponding to each of the plurality of predetermined graduated visualization levels) as drafted, is a process or system or medium that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. The human mind can perform steps of processing and determining. Accordingly, the claims recite an abstract idea.
Claims 3, 12, similarly recite limitations of (wherein the plurality of predetermined graduated visualization levels comprises: a low zoom graduated level configured to generate aggregated graphical symbols as dot symbols representing aggregated groups with high aggregation density; a medium zoom graduated level configured to generate aggregated graphical symbols as emoji symbols representing aggregated groups with medium aggregation density; and a high zoom graduated level configured to generate aggregated graphical symbols as individual post symbols representing single posts or aggregated groups with low aggregation density) that just providing definition of the plurality of predetermined graduated visualization levels.
Claims 4, 13, similarly recite abstract idea of
(detect or detecting a change in the screen attribute information that crosses one of the predetermined transformation thresholds; automatically transition or transitioning between graduated visualization levels by transforming the aggregated graphical symbol from a first symbol representation type to a second symbol representation type; and wherein the transforming comprises at least one selected from a group consisting of converting a single aggregated symbol into multiple individual symbols, and converting multiple individual symbols into a single aggregated symbol) as drafted, is a process or system or medium that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. The human mind can perform steps of detecting and transitioning. Accordingly, the claims recite an abstract idea.
Claims 5, 14, similarly recite abstract idea of
wherein generating the aggregated group further comprises: calculating available screen real estate based on the screen attribute information and positions of other aggregated graphical symbols;
determining a maximum symbol density for the determined graduated visualization level to prevent symbol overlap; and
conditionally excluding social media posts with lower relevancy rankings from the aggregated group when the maximum symbol density would be exceeded) as drafted, is a process or system or medium that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. The human mind can perform steps of generating, calculating, determining and excluding. Accordingly, the claims recite an abstract idea.
Claims 6, 15 similarly recite limitation of
(maintain or maintaining a relevancy ranking for each social media post in the candidate set;
implement or implementing relevancy-based cycling within the determined graduated visualization level by prioritizing display of social media posts with higher relevancy rankings; and cycle or cycling through display of social media posts with lower relevancy rankings based on available screen space and the aggregation density of the determined graduated visualization level) that represent well-understood, routine, conventional activity (See MPEP 2106.05(g) or 2106.05(d) for Presenting offers and gathering statistics, OIP Techs and Receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec; Storing and retrieving information in memory: Versata; Analyzing data: Genetic Techs; Determining: OIP Techs; Electronic recordkeeping: Alice Corp).
Claims 7, 16 similarly recite abstract idea of (wherein generating the aggregated graphical symbol comprises: determining attributes of social media posts included in the aggregated group; and selecting the aggregated graphical symbol based on at least one selected from a group consisting of an average of graphical symbols selected by authors of the social media posts, a median of graphical symbols selected by authors of the social media posts, emotional states selected by authors of the social media posts, and colors selected by authors of the social media posts) as drafted, is a process or system or medium that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. The human mind can perform steps of generating, determining and selecting. Accordingly, the claims recite an abstract idea.
Claims 8, 17 recite limitations of (maintain or maintaining persistent tracking of individual relevancy rankings for each social media post across all of the plurality of predetermined graduated visualization levels; and dynamically adjust or adjusting which social media posts are included in aggregated groups at each graduated visualization level based on changes in the screen attribute information while preserving the individual relevancy rankings) that represent well-understood, routine, conventional activity (See MPEP 2106.05(g) or 2106.05(d) for Presenting offers and gathering statistics, OIP Techs and Receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec; Storing and retrieving information in memory: Versata; Analyzing data: Genetic Techs; Determining: OIP Techs; Electronic recordkeeping: Alice Corp).
Claims 9, 18 similarly recite abstract idea of (detect or detecting a zoom-out condition based on the screen attribute information; and implement or implementing reverse graduated visualization by progressively re-aggregating individual post symbols into larger aggregated symbols and increasing aggregation density as the graduated visualization level transitions from higher zoom levels to lower zoom levels) as drafted, is a process or system or medium that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. The human mind can perform steps of detecting and implementing. Accordingly, the claims recite an abstract idea.
Accordingly, these additional elements do not recite additional elements that integrate the judicial exception into a practical application and do not amount to significantly more than the judicial exception.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DOEPKE (US 20080034289) discloses a graphical user interface (GUI) element permits a user to control an application in both a coarse manner and a fine manner.
Yuen et al (US 20140218369) disclose a system for Generation And Rendering Interactive Events Having Combined Activity And Location Information.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAM-Y T TRUONG whose telephone number is (571)272-4042. The examiner can normally be reached (571) 272 4042.
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, SHERIEF BADAWI can be reached at (571) 272-9782. 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.
/CAM Y T TRUONG/ Primary Examiner, Art Unit 2169
Prosecution Insights