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 .
Status of the Application
This non-final office action is in response to the communication filed on 10/31/2025. Claims 1-20 are currently pending and have been examined below.
Claim Interpretation
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: “a pattern analysis module configured to interpret” in claims 1, 6, and 8.
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 § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “said virtual medium” in line 7. There is insufficient antecedent basis for this limitation in the claim. Claims 2-10 are rejected by virtue of the dependency on claim 1.
Claim 1 recites the limitation “the inferred classifications” in lines 29-30. There is insufficient antecedent basis for this limitation in the claim. Claims 2-10 are rejected by virtue of the dependency on claim 1.
Claim 11 recites the limitation “said virtual medium” in line 14. There is insufficient antecedent basis for this limitation in the claim. Claims 12-20 are rejected by virtue of the dependency on claim 11.
Claim 11 recites the limitation “the inferred classifications” in lines 29-30. There is insufficient antecedent basis for this limitation in the claim. 12-20 are rejected by virtue of the dependency on claim 11.
The term “approximately 90 degrees” in claims 2 and 12 is a relative term which renders the claim indefinite. The term approximately 90 degrees is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 3-9 and 13-20 are rejected by virtue of their dependency on claims 2 and 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication Number 20130282444 (“KARLSSON”) discloses simulating an operation of the business in the virtual environment using the one or more parameters and recommending a marketing campaign for the business based upon the operation of the business in the simulated environment
US Patent Application Publication Number 20260088050 (“Rothe-Kushe”) discloses predictive performance signals derived from simulated environment models including a predictive artificial intelligence module to generate a structured strategy object comprising elements such as target audience profile, platform priority, narrative tone constraints, recommended duration, emotional persuasion objectives, and ranked distribution channels.
US Patent Application Publication Number 20230032739 (“De Jaegher”) discloses simulate effectiveness (or impact) of a marketing campaign targeted at different segments of customers without launching the marketing campaign
US Patent Application Publication Number 20250005615 (“Ugan”) training a conversion model based on a first portion of a converted dataset by using a supervised classification algorithm, to predict likelihood of customer getting converted by campaign offerings.
However, the prior art fails to teach each and every limitation as claimed, and would involve hindsight reasoning to arrive at the claimed invention. Examiner notes that while simulating marketing interactions with an advertising campaign in order to generate recommendations related to campaign tone, timing etc. is known in the art, the claimed implementation of encoding a marketing campaign as a “light wave” with color, angle, and intensity; modeling customers as an optical medium with their own response traits, such as refractive index, reflection polarity, and response delay; simulating how campaign waves move through that customer medium to predict how people will react; classifying customers into groups such as aligned absorbers, inverted reflectors, and delayed responders; using reinforcement learning to update the campaign parameters; and providing recommendations to reduce marketing noise and enhance marketing effectiveness has not been found in the prior art of record. Therefore, the claims are considered allowable over the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN J WOODWORTH, II whose telephone number is (571)272-6904. The examiner can normally be reached Mon-Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ilana Spar can be reached on (571) 270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN J WOODWORTH, II/Primary Examiner, Art Unit 3622
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