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 .
This action is in response to the Request for Continued Examination filed 2 January 2026. Claims 1, 10, 16 have been amended. Claims 1-20 are pending and have been considered below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2 January 2026 has been entered.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabhan et al. (US 2020/0104232 A1) in view of Napchi et al. (US 2018/0139180 A1) and further in view of Boyd et al. (US 2002/0116491 A1).
Claim 1. Padmanabhan discloses a method comprising:
selecting, by one or more processors, a target web page including a plurality of embedded processes, a digital medium environment is operable to receive a web page including one or more user-interactive elements (P 0023);
selecting, by the one or more processors, a testing environment for evaluation of performance of the target web page, the digital medium environment is operable to employ automated determination of web page rendering performance techniques and includes a computing device (of a user) (P 0023) to determine how a web page will be rendered by different device types and/or under different network conditions (P 0027) and for different browsers (P 0045);
loading, by the one or more processors, the target web page in the testing environment, the environment receives a web page (P 0023);
acquiring, by the one or more processors, first data related to performance metrics of … processes of the target web page, scripts are automatically generated to test the user-interactive elements of the web page for different browsers against different network conditions for a given device (P 0045) for each user-interactive element or for each group of user-interactive element (P 0046) and determine whether the simulated user interaction with the user-interactive elements results in a frame rendering rate that satisfies a rendering threshold that is specified by a user (P 0048);
determining, by one or more processors, … underperforming … processes, wherein the … underperforming … processes are … processes with performance metrics below one or more respective thresholds, test results indicating a frame rendering rate that is less than and/or equal to the rendering threshold may be designated as failing to satisfy the rendering threshold (P 0048); and
implementing, by the one or more processors, a corrective action associated with the group of underperforming third party processes, the methods of determining rendering performance enables the web page to be fixed to acceptable standards by improving a rendering performance of, or removing, elements contributing to deficient rendering performances (P 0020).
Padmanabhan does not disclose, wherein the testing environment includes at least one of an operating system type and a geographical location of an end-user device, as disclosed in the claims. However, in the same field of invention, Napchi discloses methods and materials can be used in the testing of embodiments of the invention (P 0042) to update the common graph for the component(s) of the web page with new nodes and/or new edges between nodes and updated weights based on the monitored data (P 0052). Furthermore, in the same field of invention, Boyd discloses performing network testing (P 0015) the tests and resulting data may be specifically tailored to satisfy customer needs, for example tailoring test instructions to generate geographic specific data (P 0029) or for the version of the client operating system (P 0032). Padmanabhan discloses choosing the testing environment. Combining Boyd with Padmanabhan would allow Padmanabhan to take geographical location or operating system when choosing the most appropriate platform for the target webpage. Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the testing environment includes at least one of an operating system type, a geographical location, and a connection speed of an end-user device with the teachings of Padmanabhan with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose acquiring … data related to performance metrics of third party processes of the target web page, as disclosed in the claims. However, Napchi discloses a method of ensuring correct execution of an original web page code, and/or supervising third party code (e.g., originating from an external third party server) (P 0061) the term component (i.e. web browser media object(s)) may refer to external code, i.e. third party code that may be received from an ad server and/or other third party server (P 0085) the monitoring code may use instrumentation data to determine the relationship(s) between internal entities and/or components of the web page code that may load third party objects that further load other objects (P 0196). Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine acquiring … data related to performance metrics of third party processes of the target web page with the teachings of Padmanabhan, Napchi and Boyd with the motivation to expand the testing capabilities by analyzing web page elements delivered from an external source wherein knowledge of the design and performance of the elements may not be known or readily available.
Padmanabhan does not disclose wherein the first data comprises communication process times … , as disclosed in the claims. Applicant’s specification discloses time spent on processes include time spend on third party servers, network call times, e.g. requesting and receiving HTML or XML, or request que time (P 0034) wherein the performance metrics of third party processes may include third party server access time, automation request que time, automation request receiving and/or redirecting and time (P 0035) network communication process times are monitored between a loading device and the one or more third party servers (P 0043) categories of monitored communication processes include access request processing time, network call time, and loading time at browser, and may include quantifying the time it takes for a request to access a third party automation process and time spent on communication functions of the network in requesting, redirecting, and receiving HTML or XML code for the third party processes, as well as the time spent in a request queue of network calls (P 0044). Padmanabhan discloses the user interaction testing module is configured to generate test results, which describe a rendering performance for each detected user-interactive element of a web page, as simulated by the frame rendering system (P 0047) wherein the test results indicating a frame rendering rate that is less than and/or equal to the rendering threshold may be designated as failing to satisfy the rendering threshold (P 0048). Napchi further discloses load time of a web page is tracked (P 0037, 0151) the sampling rate of the monitored data may be varied depending on the estimated significance, for example, critical network data may be sampled at a higher rate relative to network data with low priority (P 0174) information used to measure performance of webpage components, which includes network resources being loaded (e.g., resource URL, load start time, and time to fully load the resource), may be used to determine, the network load, network latency, and other network performance parameters (P 0195). It is clear that just as applicant’s specification discloses that the claimed performance metrics of third party processes includes third party server access time and automation request que time, which is analogous to the time to load a web page and rate of network requests in Napchi. Furthermore, Padmanabhan specifically discloses that a frame rendering rate for any web page elements that is less than and/or equal to a rendering threshold may be designated as failing to satisfy the rendering threshold. Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the first data comprises communication process times … with the teachings of Padmanabhan, Napchi and Boyd with the motivation to expand the testing capabilities by analyzing web page elements delivered from an external source wherein knowledge of the design and performance of the elements may not be known or readily available.
Padmanabhan does not disclose wherein the first data comprises communication process times of a plurality of stages including a first time associated with a first stage for a network communication function to request second data from a third party server, a second time associated with a second stage for the network communication function to redirect the second data, and a third time associated with a third stage for the network communication function to receive the second data from the third party server, as disclosed in the claims. Napchi further discloses the component of a web page that originated an attempted action or event, and the host remote server is identified (P 0018) the rules determine allowed component sources and permitted attributes, scripts, and origin locations (P 0127) webpage components are loaded and executed in a sequence (P 0135) network activity is monitored to detect an increase in network activity, and/or detect packets associated with the component(s) of the web page code (e.g., origin and/or destination addresses) by issuing queries to a third party network monitoring application (P 0143) a dependency graph is created representing dependencies between subcomponents of the webpage code, and weights are assigned between nodes of the graph, representing the loading time and/or distance based on the location, and/or other data (P 0151) the graph for the component(s) of the web page code may be updated with new nodes and/or new edges between nodes based on the monitored data (e.g., different sessions may activate different component(s) of the web page code) and the weights may be updated based on the new measurements obtained during each session (P 0152) the process is executed using a dataflow implementation (P 0187-0197). The data flow implementation is analogous to the claimed plurality of stages. The sources are identified and as well as the dependency graph for the execution paths and orders of the webpage components, which may be updated, thereby creating a redirection of the execution order based on updated weighting. Boyd discloses performance of a web site (P 0052) is determined in stages, including (P 0054) establishing communication between the central server and the client computer to permit the client computer to download the probing software needed to participate in the remaining stages (P 0055) the client computer contacts the central server computer(s) to register its participation as part of the distributed network of such computers, to supply its technical data including the geographic location of the client computer as well as an identification of what version of the configuration commands and the probing software executable are present on the client computer), and to request a packet of work (P 0060) the central server computer communicates the packet of work to be performed to the client computer and provides updates to the client computer’s probing software (P 0068) the client computer executes each performance measurement at the appropriate time by requesting the URL and embedded object identified in the work set and probing the designated Web sites (P 0070) the client computer delivers the results of the performance measurements performed, provides updated technical data, and requests another packet of work to complete (P 0071). Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the first data comprises communication process times of a plurality of stages including a first time associated with a first stage for a network communication function to request second data from a third party server, a second time associated with a second stage for the network communication function to redirect the second data, and a third time associated with a third stage for the network communication function to receive the second data from the third party server with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose determining … a group of underperforming third party processes …, wherein the group of underperforming third party processes include performance metrics below one or more respective thresholds, as disclosed in the claims. However, Padmanabhan discloses the rendering performance of the web page may be compared to a threshold frame rendering rate to generate an overall rendering performance score for the web page, and to identify whether user interaction with individual ones of the detected user-interactive elements prohibits the web page from rendering at a rate that satisfies the threshold rendering rate (P 0020) the user-interactive elements may be grouped by element type (P 0027) the user interaction testing module is configured to generate test results, which describe a rendering performance for each detected user-interactive element of a web page, as simulated by the frame rendering system (P 0047) wherein the test results indicating a frame rendering rate that is less than and/or equal to the rendering threshold may be designated as failing to satisfy the rendering threshold (P 0048). While Padmanabhan may determine an overall performance metric for the web page, and may group together user interactive elements, Padmanabhan does not disclose groups of web page elements that perform below a threshold performance metric. Napchi discloses the set-of-rules may define undesired parameters defining a behavior of the component(s) of the web page code that decreases performance of the client terminal and/or lead to a degradation in experience with the web page, e.g, network traffic (P 0065) the set-of-rules include network usage by the component(s) of the web page code causing a statistically significant reduction in network performance (P 0130) information used to measure performance of webpage components, which includes network resources being loaded (e.g., resource URL, load start time, and time to fully load the resource), may be used to determine, the network load, network latency, and other network performance parameters (P 0195). Napchi further discloses load time of a web page is tracked (P 0037, 0151) monitoring code may monitor a single component of the web page code, or a group of component(s) of the web page code associated with the same designated location (P 0119) a set-of-rules may define allocation of resources and/or allowed and/or prohibited activities and/or events for each component(s) of the web page code, or for a group of components (P 0129) the sampling rate of the monitored data may be varied depending on the estimated significance, for example, critical network data may be sampled at a higher rate relative to network data with low priority (P 0174) information used to measure performance of webpage components, which includes network resources being loaded (e.g., resource URL, load start time, and time to fully load the resource), may be used to determine, the network load, network latency, and other network performance parameters (P 0195). It is clear that just as applicant’s specification discloses that the claimed performance metrics of third-party processes includes third party server access time and automation request que time, which is analogous to the time to load a web page and rate of network requests in Napchi. Furthermore, Padmanabhan specifically discloses that a frame rendering rate for any web page elements that is less than and/or equal to a rendering threshold may be designated as failing to satisfy the rendering threshold. Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine determining … a group of underperforming third party processes …, wherein the group of underperforming third party processes include performance metrics below one or more respective thresholds with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose determining … based on the first time, the second time, and the third time, …, as disclosed in the claims. However, Boyd discloses reported information is representative of the performance of the probed location over a period of time, from various locations (P 0028) the participating client computer performs the specified tests at the specified times (P 0034) the central server computer or network of central server computers receive performance measurement results from the client computers, dispatch work packets to the client computers based upon the last time a performance measurement for each work set was dispatched (P 0035) every time performance data is submitted to the central server(s) in Stage 5, performance results are stored (P 0063) where performance measurements include: start time, end time, relative time period (P 0076) stages include start and end times (P 0092). Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine determining … based on the first time, the second time, and the third time, … with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose wherein the one or more respective thresholds are determined by at least a performance agreement between a website host and at least one third party provider or a website client, as disclosed in the claim. However, Napchi discloses a method of ensuring correct execution of an original web page code, and/or supervising third party code (e.g., originating from an external third party server) (P 0061) the term component (i.e. web browser media object(s)) may refer to external code, i.e. third party code that may be received from an ad server and/or other third party server (P 0085) and Boyd discloses a test report indicates whether or not a request is satisfied and reasons for success or failure of the measurement (P 0034) data generated by the probing computers representing diagnostic information is provided to the website owner to use to modify the content or structure of the site (P 0052) a marginal probe and performance measure may be purchased, and by transforming existing client computers, for which the fixed costs are paid by their owners, into "marginal probes," this invention reduces the maximum cost of a performance measurement to its variable cost, clients pay for a given bandwidth (P 0078) a website owner analyzes the results of the performance measurement by selecting the desired analysis options (P 0092). Boyd indicates whether the performance measurement test was successful and to the satisfaction of the user. The purchased performance (bandwidth) by the user is equivalent to a service level agreement. Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the one or more respective thresholds are determined by at least a performance agreement between a website host and at least one third party provider or a website client with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan, wherein the corrective action includes at least one of batching of network calls on the end-user device, displaying an automation only when accessed on the end-user device, partially loading the automation on the end- user device, loading a different version of the automation on the end-user device, or loading a different automation on the end-user device, as disclosed in the claims. However, Napchi discloses the set-of-rules define playing a visual video on a display as an allowable component of the multi-media advertisement (P 0019) such as third-party code executed in a web page as media objects (P 0085) displaying an automation only when accessed on the end-user device. Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the corrective action includes at least one of batching of network calls on the end-user device, displaying an automation only when accessed on the end-user device, partially loading the automation on the end- user device, loading a different version of the automation on the end-user device, or loading a different automation on the end-user device with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network technology to provide meaningful site performance data that is representative of the performance, speed, and reliability (Boyd: P 0027).
Claim 2. Padmanabhan, Napchi, and Boyd disclose the method of claim 1, and the combination of Padmanabhan in view of Napchi further discloses the testing environment further includes at least one of: a device type and web browser type of the end-user device, (Padmanabhan) the digital medium environment is operable to employ automated determination of web page rendering performance techniques and includes a computing device (of a user) (P 0023) to determine how a web page will be rendered by different device types and/or under different network conditions (P 0027) and for different browsers (P 0045) and Napchi discloses the monitoring code may monitor one or more parameters of client terminal based on the set-of-rules associated with the respective web page, such as CPU usage, network bandwidth available to client terminal, available memory (P 0140). Claim 2 is rejected under the same rationale as Claim 1.
Claim 3. Padmanabhan, Napchi, and Boyd disclose the method of claim 1, and Padmanabhan discloses a method for determining web page rendering performance to identify user-interactive elements that are responsible for slowing the rendering below the minimum threshold (0004) test results indicating a frame rendering rate that is less than and/or equal to the rendering threshold may be designated as failing to satisfy the rendering threshold (P 0048) by measuring a number of frames rendered in a timeframe (Claim 1) and Napchi discloses the monitoring code may monitor one or more parameters of client terminal based on the set-of-rules associated with the respective web page, such as CPU usage, network bandwidth available to client terminal, available memory (P 0140) and Boyd discloses performance measurements include time to download and render a webpage (P 0038) measurements include: time of execution, time for DNS resolution, connection time, redirect time, time to first byte download, time to download webpage, time to download embedded content, time work was being done on client, number of bytes downloaded (P 0072) start time, end time, relative time (P 0076) download time (P 0090) performance measurements indicate performance, speed, and reliability experienced by a user (P 0096). Therefore, considering the teachings of Padmanabhan, Napchi, and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine the performance metrics of the third party processes comprise a load time, a processing time, an access, and an invocation of at least one of the third party processes on the end-user device with the teachings of Padmanabhan, Napchi, and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Claim 4. Padmanabhan, Napchi, and Boyd disclose the method of claim 1, and the combination of Padmanabhan in view of Napchi further discloses presenting, on a display device the group of underperforming third party processes, including data on negative user impact of the group of underperforming third party processes on the end-user device, (Padmanabhan) generate a rendering performance report for the web page, which describes a rendering performance of the web page under simulated user interaction with the web page at different device types or under different network conditions (P 0018) that enables the web page to be fixed to acceptable standards by improving a rendering performance of, or removing, elements contributing to deficient rendering performances (P 0020) the rendering performance report is output and displayed (P 0049, Fig 5-6). Napchi has been combined with Padmanabhan for identifying groups of web page elements and monitoring client terminal performance processing a webpage. Claim 4 is rejected under the same rationale as Claim 1.
Claim 5. Padmanabhan, Napchi, and Boyd disclose the method of claim 3, and the combination of Padmanabhan in view of Napchi further discloses presenting the group of underperforming third party processes comprises presenting respective metrics of the group of underperforming third party processes on the end-user device, (Padmanabhan) generate a rendering performance report for the web page, which describes a rendering performance of the web page under simulated user interaction with the web page at different device types or under different network conditions (P 0018) the frame rendering system automates testing of a web page and produces both an overall rendering performance score for the web page, as well as individual metrics describing the resulting rendering performance of interacting with particular user-interactive elements of a web page that enables the web page to be fixed to acceptable standards by improving a rendering performance of, or removing, elements contributing to deficient rendering performances (P 0020). Napchi has been combined with Padmanabhan for monitoring client terminal performance processing a webpage. Claim 5 is rejected under the same rationale as Claim 1
Claim 7. Padmanabhan, Napchi, and Boyd disclose the method of claim 1,and Padmanabhan further discloses wherein the corrective action includes loading the target web page without the group of underperforming third party processes on the end-user device, (Padmanabhan) the frame rendering system automates testing of a web page and produces both an overall rendering performance score for the web page, as well as individual metrics describing the resulting rendering performance of interacting with particular user-interactive elements of a web page that enables the web page to be fixed to acceptable standards by improving a rendering performance of, or removing, elements contributing to deficient rendering performances (P 0020). Claim 7 is rejected under the same rationale as Claim 1
Claim(s) 16, 17, 18, 19, 20 is/are directed to tangible, non-transitory computer readable storage medium claim(s) similar to the method claim(s) of Claim(s) 1, 2, 3, 4 & 5, 7 and is/are rejected with the same rationale.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabhan et al. (US 2020/0104232 A1) in view of Napchi et al. (US 2018/0139180 A1) and Boyd et al. (US 2002/0116491 A1) and further in view of Fainberg et al. (US 2011/0029899 A1).
Claim 6. Padmanabhan, Napchi, and Boyd disclose the method of claim 1, but Padmanabhan does not disclose wherein the corrective action includes preloading the group of underperforming third party processes on the end-user device, as disclosed in the claims. However, Napchi discloses the monitoring code may monitor one or more parameters of client terminal based on the set-of-rules associated with the respective web page, such as CPU usage, network bandwidth available to client terminal, available memory (P 0140). In the same field of invention, Fainberg discloses methods for web access acceleration include, for example, parallel loading of a Cascading Style Sheets (CSS) style of a web page, postponement of execution of Javascript code of a web page, maintaining script context when modifying the DOM, causing items to be pre-fetched into a browser's cache, web-site and browser transparent pre-fetching, pre-fetching of resources of subsequent or other pages of a web site, pre-fetching of resources of the same web page, fetching linked pages on demand prior to link access. Therefore, considering the teachings of Padmanabhan, Napchi, Boyd and Fainberg, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the corrective action includes preloading the group of underperforming third party processes on the end-user device with the teachings of Padmanabhan, Napchi, and Boyd with the motivation to provide an efficient mechanism for accelerating the loading of webpage content based on determined attributes of the different components of the webpage.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabhan et al. (US 2020/0104232 A1) in view of Napchi et al. (US 2018/0139180 A1) and Boyd et al. (US 2002/0116491 A1) and further in view of Roy et al. (US 2019/0139080 A1).
Claim 8. Padmanabhan, Napchi, and Boyd disclose the method of claim 1, but Padmanabhan not disclose wherein the corrective action includes sending one or more notifications to third parties associated with the group of underperforming third party processes, as disclosed in the claims. However, in the same field of invention, Roy discloses transmitting recommendations to a third party content provider and/or a developer of the identified third party content so that the performance of the identified third party content may be improved (P 0045). Therefore, considering the teachings of Padmanabhan, Napchi, Boyd, and Roy, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the corrective action includes preloading the underperforming third party processes with the teachings of Padmanabhan, Napchi, and Boyd with the motivation to provide an efficient mechanism for notifying the third party developers of the need for performance improvements without the need of the website developer to keep track of web page not developed by the web page developer.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabhan et al. (US 2020/0104232 A1) in view of Napchi et al. (US 2018/0139180 A1) and Boyd et al. (US 2002/0116491 A1) and further in view of Chen et al. (US 2005/0066026 A1).
Claim 9. Padmanabhan, Napchi, and Boyd disclose the method of claim 1, but Padmanabhan does not disclose wherein the corrective action includes updating a service level agreement between a host of the target web page and at least one of providers of the group underperforming third party processes, as disclosed in the claims. However, in the same field of invention, Chen discloses determining a performance issue with a service and updating a service level agreement based on the detected performance issue (P 0007). Therefore, considering the teachings of Padmanabhan, Napchi, Boyd and Chen, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the corrective action includes updating a service level agreement between a host of the target web page and at least one of providers of the group underperforming third party processes with the teachings of Padmanabhan, Napchi, and Boyd with the motivation to ensure that improvements are made to content that is deficient in performance for content that is high revenue producing.
Claim(s) 10, 11, 12, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabhan et al. (US 2020/0104232 A1) in view of Napchi et al. (US 2018/0139180 A1) and Boyd et al. (US 2002/0116491 A1) and further in view of Roy et al. (US 2019/0139080 A1) and Sen et al. (US 2021/0029001 A1).
Claim 10. Padmanabhan discloses a computing system for profiling web page performance, comprising: one or more processors; and one or more non-transitory memories communicatively coupled to one or more processors and storing computer-executable instructions that, when executed by the one or more processors, cause the computing system to:
select a target web page including a plurality of embedded processes, a digital medium environment is operable to receive a web page including one or more user-interactive elements (P 0023);
select a testing environment for evaluation of performance of the target web page, the digital medium environment is operable to employ automated determination of web page rendering performance techniques and includes a computing device (of a user) (P 0023) to determine how a web page will be rendered by different device types and/or under different network conditions (P 0027) and for different browsers (P 0045);
load the target web page in the testing environment, the environment receives a web page (P 0023);
acquire first data related to performance metrics of … processes of the target web page, scripts are automatically generated to test the user-interactive elements of the web page for different browsers against different network conditions for a given device (P 0045) for each user-interactive element or for each group of user-interactive element (P 0046) and determine whether the simulated user interaction with the user-interactive elements results in a frame rendering rate that satisfies a rendering threshold that is specified by a user (P 0048),
determine … underperforming … processes …, wherein the … processes include performance metrics below one or more respective thresholds, …, test results indicating a frame rendering rate that is less than and/or equal to the rendering threshold may be designated as failing to satisfy the rendering threshold (P 0048); and
implement a corrective action associated with the group of underperforming third party processes, the methods of determining rendering performance enables the web page to be fixed to acceptable standards by improving a rendering performance of, or removing, elements contributing to deficient rendering performances (P 0020).
Padmanabhan does not disclose acquire first data related to performance metrics of third party processes of the target web page, as disclosed in the claims. However, Napchi discloses a method of ensuring correct execution of an original web page code, and/or supervising third party code (e.g., originating from an external third party server) (P 0061) the term component (i.e. web browser media object(s)) may refer to external code, i.e. third party code that may be received from an ad server and/or other third party server (P 0085) the monitoring code may use instrumentation data to determine the relationship(s) between internal entities and/or components of the web page code that may load third party objects that further load other objects (P 0196). Therefore, considering the teachings of Padmanabhan and Napchi, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine acquire first data related to performance metrics of third party processes of the target web page with the teachings of Padmanabhan with the motivation to expand the testing capabilities by analyzing web page elements delivered from an external source wherein knowledge of the design and performance of the elements may not be known or readily available.
Padmanabhan does not disclose acquiring … data related to performance metrics of third party processes of the target web page, as disclosed in the claims. However, Napchi discloses a method of ensuring correct execution of an original web page code, and/or supervising third party code (e.g., originating from an external third party server) (P 0061) the term component (i.e. web browser media object(s)) may refer to external code, i.e. third party code that may be received from an ad server and/or other third party server (P 0085) the monitoring code may use instrumentation data to determine the relationship(s) between internal entities and/or components of the web page code that may load third party objects that further load other objects (P 0196). Therefore, considering the teachings of Padmanabhan and Napchi, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine acquiring … data related to performance metrics of third party processes of the target web page with the teachings of Padmanabhan and Napchi with the motivation to expand the testing capabilities by analyzing web page elements delivered from an external source wherein knowledge of the design and performance of the elements may not be known or readily available.
Padmanabhan does not disclose wherein the first data comprises communication process times … , as disclosed in the claims. Applicant’s specification discloses time spent on processes include time spend on third party servers, network call times, e.g. requesting and receiving HTML or XML, or request que time (P 0034) wherein the performance metrics of third party processes may include third party server access time, automation request que time, automation request receiving and/or redirecting and time (P 0035) network communication process times are monitored between a loading device and the one or more third party servers (P 0043) categories of monitored communication processes include access request processing time, network call time, and loading time at browser, and may include quantifying the time it takes for a request to access a third party automation process and time spent on communication functions of the network in requesting, redirecting, and receiving HTML or XML code for the third party processes, as well as the time spent in a request queue of network calls (P 0044). Padmanabhan discloses the user interaction testing module is configured to generate test results, which describe a rendering performance for each detected user-interactive element of a web page, as simulated by the frame rendering system (P 0047) wherein the test results indicating a frame rendering rate that is less than and/or equal to the rendering threshold may be designated as failing to satisfy the rendering threshold (P 0048). Napchi further discloses load time of a web page is tracked (P 0037, 0151) the sampling rate of the monitored data may be varied depending on the estimated significance, for example, critical network data may be sampled at a higher rate relative to network data with low priority (P 0174) information used to measure performance of webpage components, which includes network resources being loaded (e.g., resource URL, load start time, and time to fully load the resource), may be used to determine, the network load, network latency, and other network performance parameters (P 0195). It is clear that just as applicant’s specification discloses that the claimed performance metrics of third party processes includes third party server access time and automation request que time, which is analogous to the time to load a web page and rate of network requests in Napchi. Furthermore, Padmanabhan specifically discloses that a frame rendering rate for any web page elements that is less than and/or equal to a rendering threshold may be designated as failing to satisfy the rendering threshold. Therefore, considering the teachings of Padmanabhan and Napchi, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the first data comprises communication process times … with the teachings of Padmanabhan and Napchi with the motivation to expand the testing capabilities by analyzing web page elements delivered from an external source wherein knowledge of the design and performance of the elements may not be known or readily available.
Padmanabhan does not disclose wherein the first data comprises communication process times of a plurality of stages including a first time associated with a first stage for a network communication function to request second data from a third party server, a second time associated with a second stage for the network communication function to redirect the second data, and a third time associated with a third stage for the network communication function to receive the second data from the third party server, as disclosed in the claims. Napchi further discloses the component of a web page that originated an attempted action or event, and the host remote server is identified (P 0018) the rules determine allowed component sources and permitted attributes, scripts, and origin locations (P 0127) webpage components are loaded and executed in a sequence (P 0135) network activity is monitored to detect an increase in network activity, and/or detect packets associated with the component(s) of the web page code (e.g., origin and/or destination addresses) by issuing queries to a third party network monitoring application (P 0143) a dependency graph is created representing dependencies between subcomponents of the webpage code, and weights are assigned between nodes of the graph, representing the loading time and/or distance based on the location, and/or other data (P 0151) the graph for the component(s) of the web page code may be updated with new nodes and/or new edges between nodes based on the monitored data (e.g., different sessions may activate different component(s) of the web page code) and the weights may be updated based on the new measurements obtained during each session (P 0152) the process is executed using a dataflow implementation (P 0187-0197). The data flow implementation is analogous to the claimed plurality of stages. The sources are identified and as well as the dependency graph for the execution paths and orders of the webpage components, which may be updated, thereby creating a redirection of the execution order based on updated weighting. In the same field of invention, Boyd discloses performance of a web site (P 0052) is determined in stages, including (P 0054) establishing communication between the central server and the client computer to permit the client computer to download the probing software needed to participate in the remaining stages (P 0055) the client computer contacts the central server computer(s) to register its participation as part of the distributed network of such computers, to supply its technical data including the geographic location of the client computer as well as an identification of what version of the configuration commands and the probing software executable are present on the client computer), and to request a packet of work (P 0060) the central server computer communicates the packet of work to be performed to the client computer and provides updates to the client computer’s probing software (P 0068) the client computer executes each performance measurement at the appropriate time by requesting the URL and embedded object identified in the work set and probing the designated Web sites (P 0070) the client computer delivers the results of the performance measurements performed, provides updated technical data, and requests another packet of work to complete (P 0071). Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the first data comprises communication process times of a plurality of stages including a first time associated with a first stage for a network communication function to request second data from a third party server, a second time associated with a second stage for the network communication function to redirect the second data, and a third time associated with a third stage for the network communication function to receive the second data from the third party server with the teachings of Padmanabhan and Napchi with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose determining … a group of underperforming third party processes …, wherein the group of underperforming third party processes include performance metrics below one or more respective thresholds, as disclosed in the claims. However, Padmanabhan discloses the rendering performance of the web page may be compared to a threshold frame rendering rate to generate an overall rendering performance score for the web page, and to identify whether user interaction with individual ones of the detected user-interactive elements prohibits the web page from rendering at a rate that satisfies the threshold rendering rate (P 0020) the user-interactive elements may be grouped by element type (P 0027) the user interaction testing module is configured to generate test results, which describe a rendering performance for each detected user-interactive element of a web page, as simulated by the frame rendering system (P 0047) wherein the test results indicating a frame rendering rate that is less than and/or equal to the rendering threshold may be designated as failing to satisfy the rendering threshold (P 0048). While Padmanabhan may determine an overall performance metric for the web page, and may group together user interactive elements, Padmanabhan does not disclose groups of web page elements that perform below a threshold performance metric. Napchi discloses the set-of-rules may define undesired parameters defining a behavior of the component(s) of the web page code that decreases performance of the client terminal and/or lead to a degradation in experience with the web page, e.g, network traffic (P 0065) the set-of-rules include network usage by the component(s) of the web page code causing a statistically significant reduction in network performance (P 0130) information used to measure performance of webpage components, which includes network resources being loaded (e.g., resource URL, load start time, and time to fully load the resource), may be used to determine, the network load, network latency, and other network performance parameters (P 0195). Napchi further discloses load time of a web page is tracked (P 0037, 0151) monitoring code may monitor a single component of the web page code, or a group of component(s) of the web page code associated with the same designated location (P 0119) a set-of-rules may define allocation of resources and/or allowed and/or prohibited activities and/or events for each component(s) of the web page code, or for a group of components (P 0129) the sampling rate of the monitored data may be varied depending on the estimated significance, for example, critical network data may be sampled at a higher rate relative to network data with low priority (P 0174) information used to measure performance of webpage components, which includes network resources being loaded (e.g., resource URL, load start time, and time to fully load the resource), may be used to determine, the network load, network latency, and other network performance parameters (P 0195). It is clear that just as applicant’s specification discloses that the claimed performance metrics of third-party processes includes third party server access time and automation request que time, which is analogous to the time to load a web page and rate of network requests in Napchi. Furthermore, Padmanabhan specifically discloses that a frame rendering rate for any web page elements that is less than and/or equal to a rendering threshold may be designated as failing to satisfy the rendering threshold. Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine determining … a group of underperforming third party processes …, wherein the group of underperforming third party processes include performance metrics below one or more respective thresholds with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose determining … based on the first time, the second time, and the third time, …, as disclosed in the claims. However, Boyd discloses reported information is representative of the performance of the probed location over a period of time, from various locations (P 0028) the participating client computer performs the specified tests at the specified times (P 0034) the central server computer or network of central server computers receive performance measurement results from the client computers, dispatch work packets to the client computers based upon the last time a performance measurement for each work set was dispatched (P 0035) every time performance data is submitted to the central server(s) in Stage 5, performance results are stored (P 0063) where performance measurements include: start time, end time, relative time period (P 0076) stages include start and end times (P 0092). Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine determining … based on the first time, the second time, and the third time, … with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose wherein the one or more respective thresholds are determined by at least a performance agreement between a website host and at least one third party provider or a website client, as disclosed in the claim. However, Napchi discloses a method of ensuring correct execution of an original web page code, and/or supervising third party code (e.g., originating from an external third party server) (P 0061) the term component (i.e. web browser media object(s)) may refer to external code, i.e. third party code that may be received from an ad server and/or other third party server (P 0085) and Boyd discloses a test report indicates whether or not a request is satisfied and reasons for success or failure of the measurement (P 0034) data generated by the probing computers representing diagnostic information is provided to the website owner to use to modify the content or structure of the site (P 0052) a marginal probe and performance measure may be purchased, and by transforming existing client computers, for which the fixed costs are paid by their owners, into "marginal probes," this invention reduces the maximum cost of a performance measurement to its variable cost, clients pay for a given bandwidth (P 0078) a website owner analyzes the results of the performance measurement by selecting the desired analysis options (P 0092). Boyd indicates whether the performance measurement test was successful and to the satisfaction of the user. The purchased performance (bandwidth) by the user is equivalent to a service level agreement. Therefore, considering the teachings of Padmanabhan, Napchi and Boyd, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the one or more respective thresholds are determined by at least a performance agreement between a website host and at least one third party provider or a website client with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide a system that is more efficient (improve on the deficiencies) of network probing technology based upon a limited number of probes and capitalize on the communication capabilities of the internet to provide meaningful site performance data that is representative of the performance, speed, and reliability of the information transfer in relation to the topology and capabilities of the probing computers (Boyd: P 0027).
Padmanabhan does not disclose wherein the corrective action includes sending one or more notifications to third parties associated with the group of underperforming third party processes, …, as disclosed in the claims. However, in the same field of invention, Roy discloses transmitting recommendations to a third party content provider and/or a developer of the identified third party content so that the performance of the identified third party content may be improved (P 0045). Therefore, considering the teachings of Padmanabhan, Napchi, Boyd and Roy, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine wherein the corrective action includes sending one or more notifications to third parties associated with the group of underperforming third party processes with the teachings of Padmanabhan, Napchi and Boyd with the motivation to provide an efficient mechanism for notifying the third party developers of the need for performance improvements without the need of the website developer to keep track of web page not developed by the web page developer.
Padmanabhan does not disclose the one or more notifications including at least one of a recommendation to move affected embedded processes to Model-View-View- Model (MVVM), a recommendation to move affected embedded processes to microservices, or a recommendation to perform an architectural reorganization, as disclosed in the claims. However, Roy discloses transmitting recommendations to a third party content provider and/or a developer of the identified third party content so that the performance of the identified third party content may be improved (P 0045). In the same field of invention, Sen discloses conversion of monolithic services to micro-services (P 0005). Therefore, considering the teachings of Padmanabhan, Napchi, Boyd, Roy, and Sen one having ordinary skill in the art before the effective filing date of the invention would have been motivated to combine the one or more notifications including at least one of a recommendation to move affected embedded processes to Model-View-View- Model (MVVM), a recommendation to move affected embedded processes to microservices, or a recommendation to perform an architectural reorganization with the teachings of Padmanabhan, Napchi, Boyd and Roy with the motivation to transform larger and more complex processes to smaller more efficient microservices (Sen: P 0002).
Claims 11, 12, 13, and 15 are directed to the same limitations as the computing system claim(s) of Claims 2, 3, the combination of Claims 4 and 5, and 7 that were rejected over Padmanabhan in view of Napchi and Boyd, and Claims 11, 12, 13, and 15 are rejected with the same rationale as that used to reject Claims 2, 3, 4 and 5, and 7.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Padmanabhan et al. (US 2020/0104232 A1) in view of Napchi et al. (US 2018/0139180 A1) and Boyd et al. (US 2002/0116491 A1) and Roy et al. (US 2019/0139080 A1) and Sen et al. (US 2021/0029001 A1) and further in view of Fainberg et al. (US 2011/0029899 A1).
Claim 14 is directed to the same limitations as the computing system claim(s) of Claims 6, that were rejected over Padmanabhan in view of Napchi, Boyd and Fainberg, and Claim 14 rejected with the same rationale as that used to reject Claim 6.
Response to Arguments
Applicant's arguments filed 2 January 2026 have been fully considered but they are not persuasive.
The applicant argues:
Claim 1, as amended herein, recites, in part: implementing, by the one or more processors, a corrective action associated with the group of underperforming third party processes, wherein the corrective action includes at least one of batching of network calls on the end-user device, displaying an automation only when accessed on the end-user device, partially loading the automation on the end-user device, loading a different version of the automation on the end-user device, or loading a different automation on the end-user device.
The examiner respectfully disagrees. Napchi discloses the set-of-rules define playing a visual video on a display as an allowable component of the multi-media advertisement (P 0019) such as third-party code executed in a web page as media objects (P 0085) displaying an automation only when accessed on the end-user device. It is clear that in Napchi third party media objects are displayed on a user device when they are allowable as defined by a set of rules. Claim 1 includes similar amendments and have been rejected under the same rationale.
Applicant’s arguments with respect to claim(s) 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The applicant states:
Claim 10, as amended herein, recites, in part: implement a corrective action associated with the group of underperforming third party processes, wherein the corrective action includes sending one or more notifications to third parties associated with the group of underperforming third party processes, the one or more notifications including at least one of a recommendation to move affected embedded processes to Model-View-View-Model (MVVM), a recommendation to move affected embedded processes to microservices, or a recommendation to perform an architectural reorganization.
The amendments to Claim 10 have been rejected over Padmanabhan in view of new prior art reference Sen. Roy discloses transmitting recommendations to a third party content provider and/or a developer of the identified third party content so that the performance of the identified third party content may be improved (P 0045). In the same field of invention, Sen discloses conversion of monolithic services to micro-services (P 0005).
Conclusion
Any inquiry concerning this communication should be directed to JOHN M HEFFINGTON at telephone number (571)270-1696.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M HEFFINGTON whose telephone number is (571)270-1696. The examiner can normally be reached on Monday through Friday from 9:30 am to 5:30 am Eastern.
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/J.M.H/Examiner, Art Unit 2145
3/21/2026
/CESAR B PAULA/Supervisory Patent Examiner, Art Unit 2145