Patenting AI: ArentFox Schiff Obtains Tomi.ai Patent for Predictive Marketing Platform Powered by Machine Learning

Tomi.ai, a leader in AI-based predictive analytics technology, has developed and patented an AI-based predictive marketing platform that uses machine learning to predict, with great accuracy, future sales for clients and customer lifetime values (LTVs) based on behavioral first-party data collected from clients’ websites.

Analytics are useful for directing impressions (e.g., ads), creating new marketing campaigns, and targeting specific users. However, due to the lack of third-party data, it is difficult to produce effective analytics. Companies are forced to rely on first-party data that they own and not all first-party data is created equal. For example, entities with long conversion cycles (e.g., long sales-cycles and lifetime value (LTV) driven businesses) largely have mid-funnel optimization data (e.g., leads, registrations, free trials) and offline conversions data (e.g., rare events available with a long delay) accessible to them. Mid-funnel information is not directly indicative of a conversion (i.e., generation of revenue by a paying customer) because in these entities, customer value is revealed over time. In addition to the lack of data, useful data is not received for a considerable amount of time. This makes the issue twofold – a lack of information and a delay in acquiring the information that is available.

Tomi.ai’s predictive marketing platform described in US Patent No. 11,562,298 addresses this problem by analyzing user behavior on a client’s website, matching it with the sales or LTV data from the client’s CRM, running machine learning models to identify behavioral patterns of high-value visitors, and predicting the purchase value for new visitors in near real-time. Specifically, the platform tracks what pages were visited, for how long, the depth of the scroll, what buttons were clicked on and dozens of other factors. The platform then applies different machine learning models to calculate a respective likelihood of users requesting a product/service for purchase from client’s website and the expected value of this purchase. The results of these calculations are then communicated to advertising platforms to enable the optimal delivery of advertising creatives and messages about the product/service available on the client’s website to potentially increase their likelihood of making a purchase on the client’s website in the future.   

One of the primary challenges of securing patents for AI and machine learning inventions, and, particularly, for inventions in the field of marketing and business analytics, is overcoming the subject matter eligibility rejections under 35 USC 101, which restricts patentability of certain business methods. Examiners often reject AI-based applications by alleging that the claims of the application can be done mentally, describe mathematical concepts, are organizing human activity, etc.

ArentFox Schiff patent attorneys successfully overcame Section 101 rejections in Tomi.ai’s patent application using proper specification and claim drafting strategies. For example, the specification of the application should explicitly describe a technical problem and solution combination along with the technical benefits of the invention (e.g., improved memory usage, efficient computing, compatibility fixtures, etc.). The claims of the application should contain sufficient technical details to rise above the threshold of an abstract idea. Using these and other application drafting strategies as well as persuasive argumentation, ArentFox Schiff attorneys obtained the ‘298 patent within a period of one year and minimal prosecution history.

ArentFox Schiff is a market leader in helping clients to navigate the business and legal issues surrounding AI and other cutting edge technologies. Top technology and software companies turn to ArentFox Schiff for our expertise in the intellectual property law to assist them with protection of their innovative AI solutions using patents, trademarks, and copyrights in the United States and worldwide.