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
Status of the Application
The following is a non-Final Office Action.
In response to Examiner's communication of 12/1/2026, Applicant responded on 2/27/2026. Amended claim 1, 11, 20.
Claims 1-20 are pending in this application and have been examined.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/27/2026 has been entered.
Response to Amendment
Applicant's amendments to claims 1, 11, 20 are not sufficient to overcome the35 USC 101 set forth in the previous action.
Response to Arguments - 35 USC § 101
Applicant’s arguments with respect to the rejections have been fully considered, but they are not persuasive.
Applicant submits, “...The Examiner has improperly characterized the claims as directed to an abstract idea without adequately considering the claim as a whole, and has failed to recognize that the additional elements integrate any judicial exception into a practical application. Furthermore, the rejection does not comply with the guidance set forth in the recent USPTO Memorandum dated August 4, 2025. As demonstrated below, the claims are patent-eligible under 35 U.S.C. § 101.…However, this characterization improperly oversimplifies the claims and fails to account for their specific technical requirements….The claims are not directed to the abstract idea of organizing human activities in any form. Rather, the claims are directed to a specific technical solution to a specific technical problem: the technical challenge of determining balanced bucket assignments for use in A/B experimentation and evaluation of web application user interface variants and eliminating the need for pre-testing bucket assignments. This is a technology-centric problem that did not exist before the advent of the internet and web applications accessible via the internet…These operations recite specific computer processing and web application user interface display and user interaction that fall well outside the scope of what can be performed mentally…Referring to Examples 39 and 47, the August Memorandum distinguishes between a limitation that merely involve or rely on mathematical concepts and a limitation that sets forth or describes a specific mathematical concept. Applicant respectfully submits that while a claim limitation may involve or rely on mathematical concepts, no such mathematical concepts are set forth or described in the claims. As such, the limitation does not recite any exception...The claims here describe a specific technological system implementation involving determination and automatic validation of balanced user bucket assignments for use with A/B experimentation in connection with variants of a web application's user interface and elimination of pre-experimentation bucket assignment validation. The claims do not set forth or describe the abstract idea of mental process or organizing human activity or mathematical concept…the claims improve technology in several specific ways. First, the claims provide a technical solution for determining a set of A/B buckets and automatically validating, as the buckets are being determined, that the set of A/B buckets are balanced…conventional approaches determine user bucket assignments without validation and then must perform a pre- test A/A validation that essentially involves performing "test run experimentation" with the buckets to generate results that can be analyzed by scientists/analysts to assess whether or not the bucket assignments are balanced before proceeding to the actual user interface A/B experimentation. As described, this type of A/A validation "test run experimentation" and evaluation prior to any A/B experimentation is laborious and time consuming and is a barrier to quick product development. Another conventional approach to validation discussed in the present application uses historical data to identify bucket assignments, but this approach results in a number of users - i.e., users considered to be non-homogeneous users - being discarded thereby reducing the pool of users available for the actual experiment. The claims make balanced bucket assignment determinations that are automatically validated at the time of the determinations thereby eliminating the need for any "pre-testing" saving significant time and effort and facilitating faster product development over conventional approaches that require "pre-testing" to validate bucket assignments prior to using the bucket assignments in an actual A/B experiment…Second, the claims determine balanced bucket assignments using a metric indicative of each user's interactions with a web application, where users with similar interactions with the web application are selected for balanced assignment to a number buckets in each of a number of bucket assignment iterations. A range of hash values is used as a mechanism for grouping a pool of users, with each user being assigned to a hash value in the range of hash values. An aggregate metric is determined for each hash value using the metric values of the users assigned to the hash value and a pairwise distance, as a measure of similarity, is obtained for each pair of hash values. With each bucket assignment iteration, a set of hash values similar to the randomly-selected initial hash value as indicated by these hash values being the closest pairwise distance with a randomly-selected initial hash value is selected, and users assigned to the initial hash value and each selected hash value with the closest pairwise distance to the initial value are selected and assigned to the number of buckets…As described, at 0025 of the present application's publication, use of the pairwise distances enables balanced bucket assignment determinations but also validation that the assignments are balanced - facilitating selection of users (for assignment to buckets) with similar interactions with the web application. As described at 0025 of present application's…publication, the novel approach described in the present application automatically balances the bucket assignments thereby eliminating pre-experimentation bucket assignment validation needed with conventional approaches, such as the A/A validation approaches discussed herein and in the application. In addition, as described at 0025, the novel approach eliminates the need for discarding users with extreme metric values and can be used with any number of metrics indicative of users' web application interactions. The claims make validated, balanced bucket assignment determinations that can be scaled for use with any number of user interaction indicators/metrics and that eliminates the need for post-assignment validation. Third, the claims enable the testing of a number of differing versions of a web application's user interface with the provisioning of the different versions for display at user computing devices in accordance with the balanced user bucket assignments and receipt, via the web application and from the user computing devices, information indicating user interactions with each differing version of the web application's user interface. As described at 0012 and 0020, an online provider can conduct hundreds of bucket experiments each day and millions of users can visit the online provider's website each day. The novel systems and methods described in the instant application effectuate increased speed and efficiency in the ways that experimentation buckets can be automatically validated as they are being determined using a balanced bucket assignment mechanism. The claims determine validated, balanced bucket assignments that enable the bucket experimentation with the provisioning of differing versions of a web application's user interface to user computing devices and the receipt of information indicative of users' interactions with the differing versions of the web application's user interface. These improvements are analogous to those found eligible in Enfish, LLC v. Microsoft Corp., 822 F.3d 1327 (Fed. Cir. 2016), where the Federal Circuit held that claims directed to a self-referential table for a computer database were eligible because they were "directed to a specific improvement to the way computers operate." Similarly, in McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299 (Fed. Cir. 2016), the court found claims eligible where they provided a specific technological solution (automatic lip synchronization and facial expression animation) rather than merely claiming the idea of a solution….The specification makes clear that the claims solve the technical problem stated in 0004: "minimizing imbalances in bucket selection for A/B testing such that differences in observed reactions are more likely to be attributable to differences in the variants being testing rather than differences between user groups." As discussed, conventional systems and mechanisms lack the ability to determine balanced user groups, or buckets, and require one or more pre-experimentation validation procedures that must be performed prior to using a set of bucket assignments in an actual experimentation. The pre-experimentation validation procedures that are required with conventional bucket assignment approaches adds significant time and effort to the experimentation process and is a significant impediment to timely product development. As discussed, there exists a need for solutions to provide bucket-assignment determinations that are automatically validated as part of the determinations thereby eliminating the need for conventional pre-experimentation validation procedures. The solution is not merely to assign users to buckets in the abstract, but rather to implement a specific technical architecture enabling use of a set of pairwise distances determined using a metric indicative of users' interactions with a web application at an aggregate level to not only determine bucket assignments but to also automatically validate that the determined bucket assignments are balanced and can be used in connection in A/B bucket experimentation of variations of the web application's user interface without the need for any conventional bucket assignment pre-testing, validation etc. The Examiner suggests that the claims amount to merely implementing an abstract idea on generic computer components. This characterization is incorrect and contradicts the guidance in MPEP 2106.05(f) and the August Memorandum. The August Memorandum cautions examiners "not to oversimplify claim limitations and expand the application of the 'apply it' consideration," and notes that "the 'apply it' consideration often overlaps with the improvements consideration." The August Memorandum instructs examiners to consider multiple factors including whether the claim recites only the idea of a solution or outcome versus a particular solution. The claims here recite a particular solution involving specific operations (user hash value associations, metric value aggregation, pairwise…distance determination using metric value aggregations associated with each hash value, user bucket assignments that are determined and automatically validated using the pairwise distance determinations). This is not merely claiming the idea of bucket experimentation-it is claiming a specific technical implementation. The August Memorandum further instructs examiners to determine whether the claim invokes computers merely as a tool versus improving computer capabilities. As discussed above, the claims improve computer capabilities by enabling determination and automatic validation of balanced user bucket assignments that can then be used in connection in A/B bucket experimentation of variations of the web application's user interface without the need for any conventional bucket assignment pre-testing, validation etc.. Finally, the August Memorandum instructs examiners to consider the particularity or generality of the application. The claims are particular in their elements, providing a specific mechanism for determination and automatic validation of balanced user bucket assignments that can then be used in connection in A/B bucket experimentation of variations of the web application's user interface without the need for any conventional bucket assignment pre-testing, validation etc…The claims do not simply recite "apply it on a computer." They recite specific technological components working together in a specific way to achieve a specific technical result. This is sufficient to integrate any judicial exception into a practical application….The Examiner's assertion that the additional elements represent well-understood, routine, and conventional activities is conclusory and unsupported. According to MPEP 2106.05(d), an examiner must provide "a reasoned explanation that supports the conclusion" when asserting that claim elements are well-understood, routine, and conventional. The explanation must be "sufficient to establish a prima facie case." Merely citing to the categories listed in MPEP 2106.05(d)(II) is insufficient… Here, the Examiner has not identified any evidence that the specific combination of elements claimed- enabling use of a metric indicative of users' interactions with a web application at an aggregate level to determine and automatically validate balanced user bucket assignments that can then be used in connection in A/B bucket experimentation of variations of the web application's user interface without the need for any conventional bucket assignment pre-testing, validation etc. -was well-understood, routine, or conventional at the time of the disclosure. Furthermore, even if individual components might be known, "an inventive concept can be found in the non-conventional and non-generic arrangement of known, conventional pieces."… Even if the Examiner were to somehow find that the claims recite an abstract idea not integrated into a practical application (which Applicant respectfully submits is incorrect and strongly disagrees), the claims provide an inventive concept under Step 2B that amounts to significantly more than any judicial exception. The combination of elements-user hash value associations enabling aggregation of metric values indicative of user interactions with a web application, pairwise distance determination using metric value aggregations associated with each hash value, user bucket assignments that are determined and automatically validated using the pairwise distance determinations represents a non-conventional arrangement of components that addresses the specific technical challenge of enabling efficient and balanced user bucket assignment determinations that can then be used in connection in A/B bucket experimentation of variations of the web application's user interface without the need for any conventional bucket assignment pre-testing, validation etc. This ordered combination provides significantly more than any abstract idea. The August Memorandum reminds examiners that "if it is a 'close call' as to whether a claim is eligible, they should only make a rejection when it is more likely than not (i.e., more than 50%) that the claim is ineligible under 35 U.S.C. 101." Given the specific technical improvements disclosed and claimed, and the particular solution provided to a technology- centric problem, this is at best a "close call," and the preponderance of evidence does not support ineligibility. Finally, the recent convening of an Appeals Review Panel (ARP) in Ex parte Desjardins (Appeal 2024-000567), is directly relevant to the instant case and supports a finding of eligibility. The ARP was convened specifically to review the Board's rejection of claims under 35 U.S.C. § 101, indicating heightened scrutiny of § 101 rejections in technology-related cases. Like Desjardins, the instant case involves claims to improvements in computer system functionality. The institutional concern reflected in the Desjardins ARP proceedings counsels strongly in favor of reconsidering any § 101 rejection that does not fully account for the specific technical improvements and particular solutions recited in the claims. Given that the Examiner has already indicated the claims are allowable over the prior art, and given the parallels to the technology at issue in Desjardins, the preponderance of evidence favors a finding of eligibility here…” The Examiner respectfully disagrees.
Unlike Enfish, McRO, Desjardins, the Aug 2025 Memo, the limitations and elements in the present application, as admitted and conceded by Applicant in Applicant’s remarks, recite, …minimizing imbalances in bucket selection for A/B testing such that differences in observed reactions are more likely to be attributable to differences in the variants being testing rather than differences between user groups…ability to determine balanced user groups, or buckets, and require one or more pre-experimentation validation procedures that must be performed prior to using a set of bucket assignments in an actual experimentation…enabling use of a set of pairwise distances determined using a metric indicative of users' interactions at an aggregate level to not only determine bucket assignments but to also automatically validate that the determined bucket assignments are balanced and can be used in connection in A/B bucket experimentation of variations without the need for any conventional bucket assignment pre-testing, validation etc….challenge of determining balanced bucket assignments for use in A/B experimentation and evaluation… eliminating the need for pre-testing bucket assignments…determine balanced bucket assignments using a metric indicative of each user's interactions…A range of hash values is used as a mechanism for grouping a pool of users, with each user being assigned to a hash value in the range of hash values. An aggregate metric is determined for each hash value using the metric values of the users assigned to the hash value and a pairwise distance, as a measure of similarity, is obtained for each pair of hash values. With each bucket assignment iteration, a set of hash values similar to the randomly-selected initial hash value as indicated by these hash values being the closest pairwise distance with a randomly-selected initial hash value is selected, and users assigned to the initial hash value and each selected hash value with the closest pairwise distance to the initial value are selected and assigned to the number of buckets…solution for determining a set of A/B buckets and automatically validating, as the buckets are being determined, that the set of A/B buckets are balanced…users with similar interactions are selected for balanced assignment to a number buckets in each of a number of bucket assignment iterations….determining and validating balanced bucket assignments for A/B experimentation and evaluation variants and eliminating pre-experimentation bucket assignment validation…determining balanced bucket assignments for use in A/B experimentation and evaluation…determination of balanced user bucket assignments for use with A/B experimentation in connection with variants…to provide balanced bucket assignments without any need for validation of the bucket assignments… enabling efficient and balanced user bucket assignment determinations that can then be used in connection in A/B bucket experimentation of variations…effectuate increased speed and efficiency in the ways that experimentation buckets can be determined using a balanced bucket assignment mechanism…enabling use of a metric indicative of users' interactions with a … at an aggregate level to determine balanced user bucket assignments that can then be used in connection in A/B bucket experimentation of variations of the … without the need for any conventional bucket assignment pre-testing, validation etc…user hash value associations enabling aggregation of metric values indicative of user interactions with a …, pairwise distance determination using metric value aggregations associated with each hash value, balanced user bucket assignments using the pairwise distance determination…that addresses the specific … challenge of enabling efficient and balanced user bucket assignment determinations that can then be used in connection in A/B bucket experimentation of variations of the … without the need for any conventional bucket assignment pre-testing…The combination of elements-user hash value associations enabling aggregation of metric values indicative of user interactions, pairwise distance determination using metric value aggregations associated with each hash value, user bucket assignments that are determined and automatically validated using the pairwise distance determinations addresses the specific technical challenge of enabling efficient and balanced user bucket assignment determinations that can then be used in connection in A/B bucket experimentation of variations without the need for any conventional bucket assignment pre-testing, validation etc…effectuate increased speed and efficiency in the ways that experimentation buckets can be automatically validated as they are being determined using a balanced bucket assignment…, which are abstract idea as described below with respect to the first prong of Step 2A, i.e. mental process, organizing human activities, mathematical concepts.
Further, Applicant admits in Applicant’s response and Applicant’s specification, “….for scientists/analysts to evaluate the bucket assignments…”, thus Applicant concedes and agrees with the Examiner that humans can indeed mentally evaluate human bucket assignments, further proving Examiner’s position that the claims are indeed directed to a mental process.
Accordingly, the claims recite human using mental processes (i.e. human evaluating human bucket assignments, human balancing human bucket assignments, human evaluating bucketed humans’ interactions with test subjects, assigning numerical hash values to humans, human aggregating and determining metrics of humans based on human interactions to test subjects) and mathematical concepts (i.e. statistical A/B testing, assigning numerical hash values to humans, human calculating distance of numerical hash integer values) to organize human activities (i.e. putting humans in balanced buckets for testing human interactions with different versions of test subjects and evaluating human interactions with different versions of test subjects), as analyzed in Step 2A Prong 1.
This problem, i.e. statistical A/B testing, does not specifically arise in the realm of computer technology, but rather, this problem existed and was addressed long before the advent of computers. Thus, the claims do not recite a technical improvement to a technical problem. Since, the alleged solution and argued improvement are directed to statistical A/B testing, which is a mental process and a mathematical problem, i.e. an abstract idea.
An improvement or solution to an abstract idea is still abstract.
See, https://web.archive.org/web/20170630034941/https://hbr.org/2017/06/a-refresher-on-ab-testing, June 28, 2017.
“…A/B testing, at its most basic, is a way to compare two versions of something to figure out which performs better. While it’s most often associated with websites and apps, Fung says the method is almost 100 years old.
In the 1920s statistician and biologist Ronald Fisher discovered the most important principles behind A/B testing and randomized controlled experiments in general. “He wasn’t the first to run an experiment like this, but he was the first to figure out the basic principles and mathematics and make them a science,” Fung says.
Fisher ran agricultural experiments, asking questions such as, What happens if I put more fertilizer on this land? The principles persisted and in the early 1950s scientists started running clinical trials in medicine. In the 1960s and 1970s the concept was adapted by marketers to evaluate direct response campaigns (e.g., would a postcard or a letter to target customers result in more sales?).
A/B testing, in its current form, came into existence in the 1990s. Fung says that throughout the past century the math behind the tests hasn’t changed. “It’s the same core concepts, but now you’re doing it online, in a real-time environment, and on a different scale in terms of number of participants and number of experiments.”…”
Applicant’s arguments and attempts at conflating the claimed abstract limitations and elements identified in Step 2A Prong 1 into Step 2 Prong 2 analysis and Step 2B analysis are not persuasive.
In Step 2A Prong 2, the additional elements beyond the abstract ideas are:
Claim 1, 11, 20: computing device, web application's user interface, web application, differing version of the web application's user interface, A non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions that when executed by a processor associated with a computing device, A computing device comprising: a processor; a non-transitory storage medium for tangibly storing thereon program logic for execution by the processor, the program logic comprising: logic executed by the processor, computing device, over a telecommunications network, web application's user interface to user computing devices, web application's user interface, user computing devices
Pursuant to the broadest reasonable interpretation, as an ordered combination, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea, and thus, are no more than applying the abstract idea with generic computer components. Further, these additional elements generally link the abstract idea to a technical environment, namely the environment of a computer and web application user interfaces, performing extra solution activities. Therefore, as a whole, the additional elements do not integrate the abstract ideas into a practical application in Step 2A Prong 2.
In Step 2B, the aforementioned additional elements beyond the recited abstract idea, as identified in Step 2A Prong 2, are not sufficient to amount to significantly more than the recited abstract idea because, as an order combination, the additional elements are no more than mere instructions to implement the idea using generic computer components (i.e. apply it). See MPEP 2106.05(f).
Additionally, as an order combination, the additional elements append the recited abstract idea to well-understood, routine, and conventional activities in the field as individually evinced by the applicant’s own specification, as required by the Berkheimer Memo,
Applicant admits in Applicant’s specification in at least,
[0003] A/B testing can be useful in understanding user engagement and satisfaction with features of a user interface (e.g., a web page, mobile application display or some portion thereof). Using this example, users assigned to the A bucket, which can be referred to as a control bucket, or group, can be exposed to a control version (e.g., an existing version) of the user interface and users assigned to the B bucket, which can be referred to as a variant bucket or group, can be exposed to a variant user interface - a variant of the user interface presented to the control group. Typically, the variant user interface includes a single variant from the control user interface, but it may include multiple differences from the control group's user interface.
[0039] Subject matter will now be described more fully hereinafter with reference to the accompanying drawings, which form a part hereof, and which show, by way of illustration, specific example embodiments. Subject matter may, however, be embodied in a variety of different forms and, therefore, covered or claimed subject matter is intended to be construed as not being limited to any example embodiments set forth herein; example embodiments are provided merely to be illustrative. Likewise, a reasonably broad scope for claimed or covered subject matter is intended. Among other things, for example, subject matter may be embodied as methods, devices, components, or systems. Accordingly, embodiments may, for example, take the form of hardware, software, firmware or any combination thereof (other than software per se). The following detailed description is, therefore, not intended to be taken in a limiting sense.
[0042] The present disclosure is described below with reference to block diagrams and operational illustrations of methods and devices. It is understood that each block of the block diagrams or operational illustrations, and combinations of blocks in the block diagrams or operational illustrations, can be implemented by means of analog or digital hardware and computer program instructions. These computer program instructions can be provided to a processor of a general purpose computer to alter its function as detailed herein, a special purpose computer, ASIC, or other programmable data processing apparatus, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, implement the functions/acts specified in the block diagrams or operational block or blocks. In some alternate implementations, the functions/acts noted in the blocks can occur out of the order noted in the operational illustrations. For example, two blocks shown in succession can in fact be executed substantially concurrently or the blocks can sometimes be executed in the reverse order, depending upon the functionality/acts involved.
[0043] These computer program instructions can be provided to a processor of: a general purpose computer to alter its function to a special purpose; a special purpose computer; ASIC; or other programmable digital data processing apparatus, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, implement the functions/acts specified in the block diagrams or operational block or blocks, thereby transforming their functionality in accordance with embodiments herein.
[0051] A computing device may be capable of sending or receiving signals, such as via a wired or wireless network, or may be capable of processing or storing signals, such as in memory as physical memory states, and may, therefore, operate as a server. Thus, devices capable of operating as a server may include, as examples, dedicated rack-mounted servers, desktop computers, laptop computers, set top boxes, integrated devices combining various features, such as two or more features of the foregoing devices, or the like. Servers may vary widely in configuration or capabilities, but generally a server may include one or more central processing units and memory. A server may also include one or more mass storage devices, one or more power supplies, one or more wired or wireless network interfaces, one or more input/output interfaces, or one or more operating systems, such as Windows Server, Mac OS X, Unix, Linux, FreeBSD, or the like.
[0052] For purposes of this disclosure, a client (or consumer or user) device may include a computing device capable of sending or receiving signals, such as via a wired or a wireless network. A client device may, for example, include a desktop computer or a portable device, such as a cellular telephone, a smart phone, a display pager, a radio frequency (RF) device, an infrared (IR) device an Near Field Communication (NFC) device, a Personal Digital Assistant (PDA), a handheld computer, a tablet computer, a phablet, a laptop computer, a set top box, a wearable computer, smart watch, an integrated or distributed device combining various features, such as features of the forgoing devices, or the like.
[0056] The detailed description provided herein is not intended as an extensive or detailed discussion of known concepts, and as such, details that are known generally to those of ordinary skill in the relevant art may have been omitted or may be handled in summary fashion.
[0057] The principles described herein may be embodied in many different forms. By way of background, a bucket experiment, which is also referred to as A/B testing, refers to an experiment in which users are assigned to one of a number (e.g., two or more) buckets, or groups, for purposes of comparing user reaction to different experiences. One bucket of users can be exposed to one experience and another group is exposed to a different experience. Bucket experiments are a very effective tool in designing a user interface. One bucket of users can be exposed to one version of the user interface while another one or more buckets can be exposed to a different version of the user interface. Data associated with a number of metrics is then gathered and used to determine whether one of the user interface designs is better than another in terms of user reaction - e.g., improved user engagement and satisfaction relative to the other user interface designs.
[0073] It will be recognized from the disclosure herein that embodiments of the instant disclosure provide improvements to a number of technology areas, for example those related to systems and processes that provide user interface displays, including online and application user interface displays. By way of some non-limiting examples, systems and processor can use user interface displays to display content, distribute content, provide recommendations, provide search engine results, etc. The disclosed systems and methods can effectuate increased speed and efficiency in the ways that experimentation buckets can be provided for use in testing efficacies related to different user interface display options, as the disclosed systems and methods, inter alia, automatically assign users to buckets using a NNM methodology. Users are assigned a hash value, a set of standardized metric values is used to determine pairwise distance between each pair of hash values using the set of standardized metrics associated with each hash value's associated users, and an iterative approach is used to make bucket assignment based on pairwise distances determined for the hash values.
[0074] Certain embodiments will now be described in greater detail with reference to the figures. The following describes components of a general architecture used within the disclosed system and methods, the operation of which with respect to the disclosed system and methods being described herein. In general, with reference to Figure 1, a system 100 in accordance with an embodiment of the present disclosure is shown. Figure 1 shows components of a general environment in which the systems and methods discussed herein may be practiced. Not all the components may be required to practice the disclosure, and variations in the arrangement and type of the components may be made without departing from the spirit or scope of the disclosure. As shown, system 100 of Figure 1 includes local area networks ("LANs")/wide area networks ("WANs") - network 105,wireless network 110,mobile devices (client devices) 102-104 and client device 101. Figure 1 additionally includes a variety of servers, such as, by way of non-limiting examples, content server 106, application (or "App") server 108,search server 120 and advertising ("ad") server (not shown).
[0075] One embodiment of mobile devices 102-104 is described in more detail below. Generally, however, mobile devices 102-104 may include virtually any portable computing device capable of receiving and sending a message over a network, such as network 105,wireless network 110, or the like. Mobile devices 102-104 may also be described generally as client devices that are configured to be portable. Thus, mobile devices 102-104 may include virtually any portable computing device capable of connecting to another computing device and receiving information. Such devices include multi-touch and portable devices such as, cellular telephones, smart phones, display pagers, radio frequency (RF) devices, infrared (IR) devices, Personal Digital Assistants (PDAs), handheld computers, laptop computers, wearable computers, smart watch, tablet computers, phablets, integrated devices combining one or more of the preceding devices, and the like. As such, mobile devices 102-104 typically range widely in terms of capabilities and features. For example, a cell phone may have a numeric keypad and a few lines of monochrome LCD display on which only text may be displayed. In another example, a web-enabled mobile device may have a touch sensitive screen, a stylus, and an HD display in which both text and graphics may be displayed.
[0076]A web-enabled mobile device may include a browser application that is configured to receive and to send web pages, web-based messages, and the like. The browser application may be configured to receive and display graphics, text, multimedia, and the like, employing virtually any web based language, including a wireless application protocol messages (WAP), and the like. In one embodiment, the browser application is enabled to employ Handheld Device Markup Language (HDML), Wireless Markup Language (WML), WMLScript, JavaScript, Standard Generalized Markup Language (SMGL), HyperText Markup Language (HTML), eXtensible Markup Language (XML), and the like, to display and send a message. [0077]Mobile devices 102-104 also may include at least one client application that is configured to receive content from another computing device. The client application may include a capability to provide and receive textual content, graphical content, audio content, and the like. The client application may further provide information that identifies itself, including a type, capability, name, and the like. In one embodiment, mobile devices 102-104 may uniquely identify themselves through any of a variety of mechanisms, including a phone number, Mobile Identification Number (MIN), an electronic serial number (ESN), or other mobile device identifier.
[0078] In some embodiments, mobile devices 102-104 may also communicate with non- mobile client devices, such as client device 101, or the like. In one embodiment, such communications may include sending and/or receiving messages, searching for, viewing and/or sharing photographs, audio clips, video clips, or any of a variety of other forms of communications. Client device 101 may include virtually any computing device capable of communicating over a network to send and receive information. The set of such devices may include devices that typically connect using a wired or wireless communications medium such as personal computers, multiprocessor systems, microprocessor-based or programmable consumer electronics, network PCs, or the like. Thus, client device 101 may also have differing capabilities for displaying navigable views of information.
[0079]Client devices 101-104 computing device may be capable of sending or receiving signals, such as via a wired or wireless network, or may be capable of processing or storing signals, such as in memory as physical memory states, and may, therefore, operate as a server. Thus, devices capable of operating as a server may include, as examples, dedicated rack- mounted servers, desktop computers, laptop computers, set top boxes, integrated devices combining various features, such as two or more features of the foregoing devices, or the like.
[00174] At least some embodiments of the present disclosure are related to the use of computer system 1000 for implementing some or all of the techniques described herein. According to one embodiment, those techniques are performed by computer system 1000 in response to processing unit 1012 executing one or more sequences of one or more processor instructions contained in memory 1004. Such instructions, also called computer instructions, software and program code, may be read into memory 1004 from another computer-readable medium 1006 such as storage device or network link. Execution of the sequences of instructions contained in memory 1004 causes processing unit 1012 to perform one or more of the method steps described herein. In alternative embodiments, hardware, such as ASIC, may be used in place of or in combination with software. Thus, embodiments of the present disclosure are not limited to any specific combination of hardware and software, unless otherwise explicitly stated herein.
[00178] Those skilled in the art will recognize that the methods and systems of the present disclosure may be implemented in many manners and as such are not to be limited by the foregoing exemplary embodiments and examples. In other words, functional elements being performed by single or multiple components, in various combinations of hardware and software or firmware, and individual functions, may be distributed among software applications at either the client level or server level or both. In this regard, any number of the features of the different embodiments described herein may be combined into single or multiple embodiments, and alternate embodiments having fewer than, or more than, all of the features described herein are possible.
[00179] Functionality may also be, in whole or in part, distributed among multiple components, in manners now known or to become known. Thus, myriad software/hardware/firmware combinations are possible in achieving the functions, features, interfaces and preferences described herein. Moreover, the scope of the present disclosure covers conventionally known manners for carrying out the described features and functions and interfaces, as well as those variations and modifications that may be made to the hardware or software or firmware components described herein as would be understood by those skilled in the art now and hereafter.
Applicant’s own specification does not provide any specific detail to support any specific user interface designs or any specific support for different versions of web application user interfaces in specificity. As such, the generic recitations generic recitations of different versions of web application interfaces in Applicant’s claims and specifications, are interpretated according to [0056] The detailed description provided herein is not intended as an extensive or detailed discussion of known concepts, and as such, details that are known generally to those of ordinary skill in the relevant art may have been omitted or may be handled in summary fashion. [00178] Those skilled in the art will recognize that the methods and systems of the present disclosure may be implemented in many manners and as such are not to be limited by the foregoing exemplary embodiments and examples. In other words, functional elements being performed by single or multiple components, in various combinations of hardware and software or firmware, and individual functions, may be distributed among software applications at either the client level or server level or both. In this regard, any number of the features of the different embodiments described herein may be combined into single or multiple embodiments, and alternate embodiments having fewer than, or more than, all of the features described herein are possible. [00179] Functionality may also be, in whole or in part, distributed among multiple components, in manners now known or to become known. Thus, myriad software/hardware/firmware combinations are possible in achieving the functions, features, interfaces and preferences described herein. Moreover, the scope of the present disclosure covers conventionally known manners for carrying out the described features and functions and interfaces, as well as those variations and modifications that may be made to the hardware or software or firmware components described herein as would be understood by those skilled in the art now and hereafter.
As required by Berkheimer Memo, “…(A) A citation to an express statement in the specification or to a statement made by an applicant during prosecution that demonstrates the well-understood, routine, conventional nature of the additional element(s). A specification demonstrates the well-understood, routine, conventional nature of additional elements when it describes the additional elements as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a). A finding that an element is well-understood, routine, or conventional cannot be based only on the fact that the specification is silent with respect to describing such element....” See MPEP 2106.07(a).
Furthermore, as an ordered combination, these elements amount to generic computer components receiving or transmitting data over a network, performing repetitive calculations, electronic record keeping, and storing and retrieving information in memory, which, as held by the courts, are well-understood, routine, and conventional. See MPEP 2106.05(d).
Examiner respectfully notes, the 35 USC 101 analysis is a separate and different analysis from the 35 USC 103 prior art analysis.
Further, many of the argued “unconventional” limitations are part of the abstract ideas, and were properly identified and treated under Step 2A Prong 1. The remaining limitations merely provide for generic computer implementation and application of these abstract concepts (apply it). Generic computer implementation of abstract ideas does not amount to a practical application in Step 2A Prong 2 or significantly more than the abstract idea in Step 2B.
Examiner respectfully notes, [a]t Step 2A Prong Two or Step 2B, there is no requirement for evidence to support a finding that the exception is not integrated into a practical application or that the additional elements do not amount to significantly more than the exception unless the examiner asserts that additional limitations are well-understood, routine, conventional activities in Step 2B. See MPEP 2106.07(a).
Under the 35 USC 101 analysis, the limitations are recite abstract elements that are part of and directed to the recited abstract idea as described above with respect to the first prong of Step 2A, i.e. mental process, mathematical concepts and organizing human activities, applied by generic computing components and generally linked to a technical environment, i.e. computer and web application's user interfaces, in Step 2A Prong 2, and the additional elements, apply it and WURC according to Applicant’s own admission, do not amount to significantly more in Step 2B.
Even novel and newly discovered judicial exceptions are still exceptions, despite their novelty. July 2015 Update, p. 3; see SAP America Inc. v. Investpic, LLC, No. 2017-2081, slip op. at 2 (Fed Cir. May 15, 2018).
Simply reciting specific limitations that narrow the abstract idea does not make an abstract idea non-abstract. 79 Fed. Reg. 74631; buySAFE Inc. v. Google, Inc., 765 F.3d 1350, 1355 (2014); see SAP America at p. 12. As discussed in SAP America, no matter how much of an advance the claims recite, when “the advance lies entirely in the realm of abstract ideas, with no plausibly alleged innovation in the non-abstract application realm,” “[a]n advance of that nature is ineligible for patenting.” Id. at p. 3.
Additionally, [u]se of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). MPEP 2106.05(f).
Using a computer as a tool to perform a mental process. An example of a case in which a computer was used as a tool to perform a mental process is Mortgage Grader, 811 F.3d. at 1324, 117 USPQ2d at 1699. The patentee in Mortgage Grader claimed a computer-implemented system for enabling borrowers to anonymously shop for loan packages offered by a plurality of lenders, comprising a database that stores loan package data from the lenders, and a computer system providing an interface and a grading module. The interface prompts a borrower to enter personal information, which the grading module uses to calculate the borrower’s credit grading, and allows the borrower to identify and compare loan packages in the database using the credit grading. 811 F.3d. at 1318, 117 USPQ2d at 1695. The Federal Circuit determined that these claims were directed to the concept of “anonymous loan shopping”, which was a concept that could be “performed by humans without a computer.” 811 F.3d. at 1324, 117 USPQ2d at 1699. Another example is Berkheimer v. HP, Inc., 881 F.3d 1360, 125 USPQ2d 1649 (Fed. Cir. 2018), in which the patentee claimed methods for parsing and evaluating data using a computer processing system. The Federal Circuit determined that these claims were directed to mental processes of parsing and comparing data, because the steps were recited at a high level of generality and merely used computers as a tool to perform the processes. 881 F.3d at 1366, 125 USPQ2d at 1652-53.
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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.
Claim 1 (similarly 11, 20) recites, “… to:
receiving, at a … and from a requester, a bucket assignment request for a set of buckets to be used in a bucket experiment in connection with a …;
associating, via the …, each user in a user pool with a hash value of a range of hash values;
obtaining, via the …, a metric value for each user in the user pool respective user's metric value indicative of the respective user's interaction with the …;
determining, via the …, an aggregate metric value for each hash value in the range of hash values a respective hash value's aggregate metric value being determined using the metric value obtained for each user associated with the respective hash value;
obtaining, via the …, a set of pairwise distances, each pairwise distance of the set corresponding to a pair of hash values in the range of hash values the pairwise distance for the pair of hash values being determined using the aggregate metric values determined for the pair of hash values;
determining, via the …, user assignments for the set of buckets by assigning a number of users from the user pool to the set of buckets in each of a number of bucket assignment iterations, each bucket of the number having a unique set of users selected from the user pool, the determining comprising using the set of pairwise distances to automatically validate that the user assignments for the set of buckets are balanced, each bucket assignment iteration comprising:
randomly selecting, via the …, an initial hash value in the range of hash values;
selecting, via the … and in the range of hash values a set of hash values other than the initial hash value using the pairwise distances associated with the initial hash value, each hash value in the set of hash values having an associated pairwise distance with the initial hash value that is less than any unselected pairwise distance associated with the initial hash value and an unselected hash value;
randomly selecting, via the …, an initial user associated with the initial hash value for inclusion in a set of identified users;
randomly selecting, via the …, a user associated with each hash value from the set of hash values for inclusion in the set of identified users;
randomly assigning, via the …, one user from the set of identified users to each bucket of the number of buckets; and
removing, via the …, the set of identified users from the user pool for any remaining bucket assignment iterations;
providing, via the …, a number of differing versions of the … in accordance with each user's bucket assignment, the providing causing the differing versions to be displayed by the …, each differing version of the … being associated with a respective one of the number of buckets; and
receiving, via the…, from the user …, user interactions with each differing version of the ….”
Analyzing under Step 2A, Prong 1:
The limitations regarding, …receiving, at a … and from a requester, a bucket assignment request for a set of buckets to be used in a bucket experiment in connection with a …; associating, via the …, each user in a user pool with a hash value of a range of hash values; obtaining, via the …, a metric value for each user in the user pool respective user's metric value indicative of the respective user's interaction with the …; determining, via the …, an aggregate metric value for each hash value in the range of hash values a respective hash value's aggregate metric value being determined using the metric value obtained for each user associated with the respective hash value; obtaining, via the …, a set of pairwise distances, each pairwise distance of the set corresponding to a pair of hash values in the range of hash values the pairwise distance for the pair of hash values being determined using the aggregate metric values determined for the pair of hash values; determining, via the …, user assignments for the set of buckets by assigning a number of users from the user pool to the set of buckets in each of a number of bucket assignment iterations, each bucket of the number having a unique set of users selected from the user pool, the determining comprising using the set of pairwise distances to automatically validate that the user assignments for the set of buckets are balanced, each bucket assignment iteration comprising: randomly selecting, via the …, an initial hash value in the range of hash values; selecting, via the … and in the range of hash values a set of hash values other than the initial hash value using the pairwise distances associated with the initial hash value, each hash value in the set of hash values having an associated pairwise distance with the initial hash value that is less than any unselected pairwise distance associated with the initial hash value and an unselected hash value; randomly selecting, via the …, an initial user associated with the initial hash value for inclusion in a set of identified users; randomly selecting, via the …, a user associated with each hash value from the set of hash values for inclusion in the set of identified users; randomly assigning, via the …, one user from the set of identified users to each bucket of the number of buckets; and removing, via the …, the set of identified users from the user pool for any remaining bucket assignment iterations; providing, via the …, a number of differing versions of the … in accordance with each user's bucket assignment, the providing causing the differing versions to be displayed by the …, each differing version of the … being associated with a respective one of the number of buckets; and receiving, via the…, from the user …, user interactions with each differing version of the .…, under the broadest reasonable interpretation, can include a human using their mind and using pen and paper to perform the identified limitations; therefore, the claims recite a mental process.
Further, the limitations regarding, …receiving, at a … and from a requester, a bucket assignment request for a set of buckets to be used in a bucket experiment in connection with a …; associating, via the …, each user in a user pool with a hash value of a range of hash values; obtaining, via the …, a metric value for each user in the user pool respective user's metric value indicative of the respective user's interaction with the …; determining, via the …, an aggregate metric value for each hash value in the range of hash values a respective hash value's aggregate metric value being determined using the metric value obtained for each user associated with the respective hash value; obtaining, via the …, a set of pairwise distances, each pairwise distance of the set corresponding to a pair of hash values in the range of hash values the pairwise distance for the pair of hash values being determined using the aggregate metric values determined for the pair of hash values; determining, via the …, user assignments for the set of buckets by assigning a number of users from the user pool to the set of buckets in each of a number of bucket assignment iterations, each bucket of the number having a unique set of users selected from the user pool, the determining comprising using the set of pairwise distances to automatically validate that the user assignments for the set of buckets are balanced, each bucket assignment iteration comprising: randomly selecting, via the …, an initial hash value in the range of hash values; selecting, via the … and in the range of hash values a set of hash values other than the initial hash value using the pairwise distances associated with the initial hash value, each hash value in the set of hash values having an associated pairwise distance with the initial hash value that is less than any unselected pairwise distance associated with the initial hash value and an unselected hash value; randomly selecting, via the …, an initial user associated with the initial hash value for inclusion in a set of identified users; randomly selecting, via the …, a user associated with each hash value from the set of hash values for inclusion in the set of identified users; randomly assigning, via the …, one user from the set of identified users to each bucket of the number of buckets; and removing, via the …, the set of identified users from the user pool for any remaining bucket assignment iterations; providing, via the …, a number of differing versions of the … in accordance with each user's bucket assignment, the providing causing the differing versions to be displayed by the …, each differing version of the … being associated with a respective one of the number of buckets; and receiving, via the…, from the user …, user interactions with each differing version of the .…, under the broadest reasonable interpretation, is managing and organizing humans in human user pool for experimentation using metric scoring and hash values and putting humans in buckets comprising humans, which is managing personal behavior or relationships or interactions between people, and fulfilling a human requester’s request to bucket humans, is commercial and legal interactions, therefore, the claims recite organizing human activities.
Further, the limitations regarding, … receiving, at a … and from a requester, a bucket assignment request for a set of buckets to be used in a bucket experiment in connection with a …; associating, via the …, each user in a user pool with a hash value of a range of hash values; obtaining, via the …, a metric value for each user in the user pool respective user's metric value indicative of the respective user's interaction with the …; determining, via the …, an aggregate metric value for each hash value in the range of hash values a respective hash value's aggregate metric value being determined using the metric value obtained for each user associated with the respective hash value; obtaining, via the …, a set of pairwise distances, each pairwise distance of the set corresponding to a pair of hash values in the range of hash values the pairwise distance for the pair of hash values being determined using the aggregate metric values determined for the pair of hash values; determining, via the …, user assignments for the set of buckets by assigning a number of users from the user pool to the set of buckets in each of a number of bucket assignment iterations, each bucket of the number having a unique set of users selected from the user pool, the determining comprising using the set of pairwise distances to automatically validate that the user assignments for the set of buckets are balanced, each bucket assignment iteration comprising: randomly selecting, via the …, an initial hash value in the range of hash values; selecting, via the … and in the range of hash values a set of hash values other than the initial hash value using the pairwise distances associated with the initial hash value, each hash value in the set of hash values having an associated pairwise distance with the initial hash value that is less than any unselected pairwise distance associated with the initial hash value and an unselected hash value; randomly selecting, via the …, an initial user associated with the initial hash value for inclusion in a set of identified users; randomly selecting, via the …, a user associated with each hash value from the set of hash values for inclusion in the set of identified users; randomly assigning, via the …, one user from the set of identified users to each bucket of the number of buckets; and removing, via the …, the set of identified users from the user pool for any remaining bucket assignment iterations; providing, via the …, a number of differing versions of the … in accordance with each user's bucket assignment, the providing causing the differing versions to be displayed by the …, each differing version of the … being associated with a respective one of the number of buckets; and receiving, via the…, from the user …, user interactions with each differing version of the .…, recite mathematical concepts.
Accordingly, the claims are directed to a mental process, organizing human activities, mathematical concepts, and thus, the claims are directed to an abstract idea under the first prong of Step 2A.
Analyzing under Step 2A, Prong 2:
This judicial exception is not integrated into a practical application under the second prong of Step 2A.
In particular, the claims recite the additional elements beyond the recited abstract idea identified under Step 2A, Prong 1, such as:
Claim 1, 11, 20: computing device, web application's user interface, web application, differing version of the web application's user interface, A non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions that when executed by a processor associated with a computing device, A computing device comprising: a processor; a non-transitory storage medium for tangibly storing thereon program logic for execution by the processor, the program logic comprising: logic executed by the processor, computing device, over a telecommunications network, web application's user interface to user computing devices, web application's user interface, user computing devices
, and pursuant to the broadest reasonable interpretation, as an ordered combination, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea, and thus, are no more than applying the abstract idea with generic computer components. Further, these additional elements generally link the abstract idea to a technical environment, namely the environment of a computer and web application user interface.
Additionally, with respect to, “receiving …”, “associating…”, “obtaining…”, “providing…”, “receiving, via the…, from the user …, user interactions…”, these elements do not add a meaningful limitations to integrate the abstract idea into a practical application because they are extra-solution activity, pre and post solution activity - i.e. data gathering – “receiving …”, “associating…”, “obtaining…”, “providing…”, ”receiving, via the…, from the user …, user interactions…”, data output – “providing…”.
Analyzing under Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under Step 2B.
As noted above, the aforementioned additional elements beyond the recited abstract idea are not sufficient to amount to significantly more than the recited abstract idea because, as an order combination, the additional elements are no more than mere instructions to implement the idea using generic computer components (i.e. apply it). See MPEP 2106.05(f).
Additionally, as an order combination, the additional elements append the recited abstract idea to well-understood, routine, and conventional activities in the field as individually evinced by the applicant’s own disclosure, as required by the Berkheimer Memo, in at least:
[0003] A/B testing can be useful in understanding user engagement and satisfaction with features of a user interface (e.g., a web page, mobile application display or some portion thereof). Using this example, users assigned to the A bucket, which can be referred to as a control bucket, or group, can be exposed to a control version (e.g., an existing version) of the user interface and users assigned to the B bucket, which can be referred to as a variant bucket or group, can be exposed to a variant user interface - a variant of the user interface presented to the control group. Typically, the variant user interface includes a single variant from the control user interface, but it may include multiple differences from the control group's user interface.
[0039] Subject matter will now be described more fully hereinafter with reference to the accompanying drawings, which form a part hereof, and which show, by way of illustration, specific example embodiments. Subject matter may, however, be embodied in a variety of different forms and, therefore, covered or claimed subject matter is intended to be construed as not being limited to any example embodiments set forth herein; example embodiments are provided merely to be illustrative. Likewise, a reasonably broad scope for claimed or covered subject matter is intended. Among other things, for example, subject matter may be embodied as methods, devices, components, or systems. Accordingly, embodiments may, for example, take the form of hardware, software, firmware or any combination thereof (other than software per se). The following detailed description is, therefore, not intended to be taken in a limiting sense.
[0042] The present disclosure is described below with reference to block diagrams and operational illustrations of methods and devices. It is understood that each block of the block diagrams or operational illustrations, and combinations of blocks in the block diagrams or operational illustrations, can be implemented by means of analog or digital hardware and computer program instructions. These computer program instructions can be provided to a processor of a general purpose computer to alter its function as detailed herein, a special purpose computer, ASIC, or other programmable data processing apparatus, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, implement the functions/acts specified in the block diagrams or operational block or blocks. In some alternate implementations, the functions/acts noted in the blocks can occur out of the order noted in the operational illustrations. For example, two blocks shown in succession can in fact be executed substantially concurrently or the blocks can sometimes be executed in the reverse order, depending upon the functionality/acts involved.
[0043] These computer program instructions can be provided to a processor of: a general purpose computer to alter its function to a special purpose; a special purpose computer; ASIC; or other programmable digital data processing apparatus, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, implement the functions/acts specified in the block diagrams or operational block or blocks, thereby transforming their functionality in accordance with embodiments herein.
[0044] For the purposes of this disclosure a computer readable medium (or computer-readable storage medium/media) stores computer data, which data can include computer program code (or computer-executable instructions) that is executable by a computer, in machine readable form. By way of example, and not limitation, a computer readable medium may comprise computer readable storage media, for tangible or fixed storage of data, or communication media for transient interpretation of code-containing signals. Computer readable storage media, as used herein, refers to physical or tangible storage (as opposed to signals) and includes without limitation volatile and non-volatile, removable and non-removable media implemented in any method or technology for the tangible storage of information such as computer-readable instructions, data structures, program modules or other data. Computer readable storage media includes, but is not limited to, RAM, ROM, EPROM, EEPROM, flash memory or other solid state memory technology, CD-ROM, DVD, or other optical storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices, or any other physical or material medium which can be used to tangibly store the desired information or data or instructions and which can be accessed by a computer or processor.
[0045] For the purposes of this disclosure the term "server" should be understood to refer to a service point which provides processing, database, and communication facilities. By way of example, and not limitation, the term "server" can refer to a single, physical processor with associated communications and data storage and database facilities, or it can refer to a networked or clustered complex of processors and associated network and storage devices, as well as operating software and one or more database systems and application software that support the services provided by the server. Servers may vary widely in configuration or capabilities, but generally a server may include one or more central processing units and memory. A server may also include one or more mass storage devices, one or more power supplies, one or more wired or wireless network interfaces, one or more input/output interfaces, or one or more operating systems, such as Windows Server, Mac OS X, Unix, Linux, FreeBSD, or the like.
[0046] For the purposes of this disclosure a "network" should be understood to refer to a network that may couple devices so that communications may be exchanged, such as between a server and a client device or other types of devices, including between wireless devices coupled via a wireless network, for example. A network may also include mass storage, such as network attached storage (NAS), a storage area network (SAN), or other forms of computer or machine readable media, for example. A network may include the Internet, one or more local area networks (LANs), one or more wide area networks (WANs), wire-line type connections, wireless type connections, cellular or any combination thereof. Likewise, sub-networks, which may employ differing architectures or may be compliant or compatible with differing protocols, may interoperate within a larger network. Various types of devices may, for example, be made available to provide an interoperable capability for differing architectures or protocols. As one illustrative example, a router may provide a link between otherwise separate and independent LANs.
[0047] A communication link or channel may include, for example, analog telephone lines, such as a twisted wire pair, a coaxial cable, full or fractional digital lines including T1, T2, T3, or T4 type lines, Integrated Services Digital Networks (ISDNs), Digital Subscriber Lines (DSLs), wireless links including satellite links, or other communication links or channels, such as may be known to those skilled in the art. Furthermore, a computing device or other related electronic devices may be remotely coupled to a network, such as via a wired or wireless line or link, for example.
[0048] For purposes of this disclosure, a "wireless network" should be understood to couple client devices with a network. A wireless network may employ stand-alone ad-hoc networks, mesh networks, Wireless LAN (WLAN) networks, cellular networks, or the like. A wireless network may further include a system of terminals, gateways, routers, or the like coupled by wireless radio links, or the like, which may move freely, randomly or organize themselves arbitrarily, such that network topology may change, at times even rapidly.
[0049] A wireless network may further employ a plurality of network access technologies, including Wi-Fi, Long Term Evolution (LTE), WLAN, Wireless Router (WR) mesh, or 2nd, 3rd, or 4th generation (2G, 3G, or 4G) cellular technology, or the like. Network access technologies may enable wide area coverage for devices, such as client devices with varying degrees of mobility, for example.
[0050] For example, a network may enable RF or wireless type communication via one or more network access technologies, such as Global System for Mobile communication (GSM), Universal Mobile Telecommunications System (UMTS), General Packet Radio Services (GPRS), Enhanced Data GSM Environment (EDGE), 3GPP Long Term Evolution (LTE), LTE Advanced, Wideband Code Division Multiple Access (WCDMA), Bluetooth, 802.1 lb/g/n, or the like. A wireless network may include virtually any type of wireless communication mechanism by which signals may be communicated between devices, such as a client device or a computing device, between or within a network, or the like.
[0051] A computing device may be capable of sending or receiving signals, such as via a wired or wireless network, or may be capable of processing or storing signals, such as in memory as physical memory states, and may, therefore, operate as a server. Thus, devices capable of operating as a server may include, as examples, dedicated rack-mounted servers, desktop computers, laptop computers, set top boxes, integrated devices combining various features, such as two or more features of the foregoing devices, or the like. Servers may vary widely in configuration or capabilities, but generally a server may include one or more central processing units and memory. A server may also include one or more mass storage devices, one or more power supplies, one or more wired or wireless network interfaces, one or more input/output interfaces, or one or more operating systems, such as Windows Server, Mac OS X, Unix, Linux, FreeBSD, or the like.
[0052] For purposes of this disclosure, a client (or consumer or user) device may include a computing device capable of sending or receiving signals, such as via a wired or a wireless network. A client device may, for example, include a desktop computer or a portable device, such as a cellular telephone, a smart phone, a display pager, a radio frequency (RF) device, an infrared (IR) device an Near Field Communication (NFC) device, a Personal Digital Assistant (PDA), a handheld computer, a tablet computer, a phablet, a laptop computer, a set top box, a wearable computer, smart watch, an integrated or distributed device combining various features, such as features of the forgoing devices, or the like.
[0053] A client device may vary in terms of capabilities or features. Claimed subject matter is intended to cover a wide range of potential variations. For example, a simple smart phone, phablet or tablet may include a numeric keypad or a display of limited functionality, such as a monochrome liquid crystal display (LCD) for displaying text. In contrast, however, as another example, a web-enabled client device may include a high resolution screen, one or more physical or virtual keyboards, mass storage, one or more accelerometers, one or more gyroscopes, global positioning system (GPS) or other location-identifying type capability, or a display with a high degree of functionality, such as a touch-sensitive color 2D or 3D display, for example.
[0054] A client device may include or may execute a variety of operating systems, including a personal computer operating system, such as a Windows, iOS or Linux, or a mobile operating system, such as iOS, Android, or Windows Mobile, or the like.
[0055] A client device may include or may execute a variety of possible applications, such as a client software application enabling communication with other devices, such as communicating one or more messages, such as via email, for example Yahoo!® Mail, short message service (SMS), or multimedia message service (MMS), for example Yahoo! Messenger®, including via a network, such as a social network, including, for example, Tumblr®, Facebook®, LinkedIn®, Twitter®, Flickr®, or Google+®, InstagramTM, to provide only a few possible examples. A client device may also include or execute an application to communicate content, such as, for example, textual content, multimedia content, or the like. A client device may also include or execute an application to perform a variety of possible tasks, such as browsing, searching, playing or displaying various forms of content, including locally stored or streamed video, or games (such as fantasy sports leagues). The foregoing is provided to illustrate that claimed subject matter is intended to include a wide range of possible features or capabilities.
[0056] The detailed description provided herein is not intended as an extensive or detailed discussion of known concepts, and as such, details that are known generally to those of ordinary skill in the relevant art may have been omitted or may be handled in summary fashion.
[0057] The principles described herein may be embodied in many different forms. By way of background, a bucket experiment, which is also referred to as A/B testing, refers to an experiment in which users are assigned to one of a number (e.g., two or more) buckets, or groups, for purposes of comparing user reaction to different experiences. One bucket of users can be exposed to one experience and another group is exposed to a different experience. Bucket experiments are a very effective tool in designing a user interface. One bucket of users can be exposed to one version of the user interface while another one or more buckets can be exposed to a different version of the user interface. Data associated with a number of metrics is then gathered and used to determine whether one of the user interface designs is better than another in terms of user reaction - e.g., improved user engagement and satisfaction relative to the other user interface designs.
[0073] It will be recognized from the disclosure herein that embodiments of the instant disclosure provide improvements to a number of technology areas, for example those related to systems and processes that provide user interface displays, including online and application user interface displays. By way of some non-limiting examples, systems and processor can use user interface displays to display content, distribute content, provide recommendations, provide search engine results, etc. The disclosed systems and methods can effectuate increased speed and efficiency in the ways that experimentation buckets can be provided for use in testing efficacies related to different user interface display options, as the disclosed systems and methods, inter alia, automatically assign users to buckets using a NNM methodology. Users are assigned a hash value, a set of standardized metric values is used to determine pairwise distance between each pair of hash values using the set of standardized metrics associated with each hash value's associated users, and an iterative approach is used to make bucket assignment based on pairwise distances determined for the hash values.
[0074] Certain embodiments will now be described in greater detail with reference to the figures. The following describes components of a general architecture used within the disclosed system and methods, the operation of which with respect to the disclosed system and methods being described herein. In general, with reference to Figure 1, a system 100 in accordance with an embodiment of the present disclosure is shown. Figure 1 shows components of a general environment in which the systems and methods discussed herein may be practiced. Not all the components may be required to practice the disclosure, and variations in the arrangement and type of the components may be made without departing from the spirit or scope of the disclosure. As shown, system 100 of Figure 1 includes local area networks ("LANs")/wide area networks ("WANs") - network 105, wireless network 110, mobile devices (client devices) 102-104 and client device 101. Figure 1 additionally includes a variety of servers, such as, by way of non-limiting examples, content server 106, application (or "App") server 108, search server 120 and advertising ("ad") server (not shown).
[0075] One embodiment of mobile devices 102-104 is described in more detail below. Generally, however, mobile devices 102-104 may include virtually any portable computing device capable of receiving and sending a message over a network, such as network 105, wireless network 110, or the like. Mobile devices 102-104 may also be described generally as client devices that are configured to be portable. Thus, mobile devices 102-104 may include virtually any portable computing device capable of connecting to another computing device and receiving information. Such devices include multi-touch and portable devices such as, cellular telephones, smart phones, display pagers, radio frequency (RF) devices, infrared (IR) devices, Personal Digital Assistants (PDAs), handheld computers, laptop computers, wearable computers, smart watch, tablet computers, phablets, integrated devices combining one or more of the preceding devices, and the like. As such, mobile devices 102-104 typically range widely in terms of capabilities and features. For example, a cell phone may have a numeric keypad and a few lines of monochrome LCD display on which only text may be displayed. In another example, a web-enabled mobile device may have a touch sensitive screen, a stylus, and an HD display in which both text and graphics may be displayed.
[0076]A web-enabled mobile device may include a browser application that is configured to receive and to send web pages, web-based messages, and the like. The browser application may be configured to receive and display graphics, text, multimedia, and the like, employing virtually any web based language, including a wireless application protocol messages (WAP), and the like. In one embodiment, the browser application is enabled to employ Handheld Device Markup Language (HDML), Wireless Markup Language (WML), WMLScript, JavaScript, Standard Generalized Markup Language (SMGL), HyperText Markup Language (HTML), eXtensible Markup Language (XML), and the like, to display and send a message.
[0077] Mobile devices 102-104 also may include at least one client application that is configured to receive content from another computing device. The client application may include a capability to provide and receive textual content, graphical content, audio content, and the like. The client application may further provide information that identifies itself, including a type, capability, name, and the like. In one embodiment, mobile devices 102-104 may uniquely identify themselves through any of a variety of mechanisms, including a phone number, Mobile Identification Number (MIN), an electronic serial number (ESN), or other mobile device identifier.
[0078] In some embodiments, mobile devices 102-104 may also communicate with non- mobile client devices, such as client device 101, or the like. In one embodiment, such communications may include sending and/or receiving messages, searching for, viewing and/or sharing photographs, audio clips, video clips, or any of a variety of other forms of communications. Client device 101 may include virtually any computing device capable of communicating over a network to send and receive information. The set of such devices may include devices that typically connect using a wired or wireless communications medium such as personal computers, multiprocessor systems, microprocessor-based or programmable consumer electronics, network PCs, or the like. Thus, client device 101 may also have differing capabilities for displaying navigable views of information.
[0079] Client devices 101-104 computing device may be capable of sending or receiving signals, such as via a wired or wireless network, or may be capable of processing or storing signals, such as in memory as physical memory states, and may, therefore, operate as a server. Thus, devices capable of operating as a server may include, as examples, dedicated rack- mounted servers, desktop computers, laptop computers, set top boxes, integrated devices combining various features, such as two or more features of the foregoing devices, or the like.
[0080]Wireless network 110 is configured to couple mobile devices 102-104 and its components with network 105.Wireless network 110 may include any of a variety of wireless sub-networks that may further overlay stand-alone ad-hoc networks, and the like, to provide an infrastructure-oriented connection for mobile devices 102-104. Such sub-networks may include mesh networks, Wireless LAN (WLAN) networks, cellular networks, and the like.
[0081]Network 105 is configured to couple content server 106, application server 108, or the like, with other computing devices, including, client device 101, and through wireless network 110 to mobile devices 102-104.Network 105 is enabled to employ any form of computer readable media for communicating information from one electronic device to another. Also, network 105 can include the Internet in addition to local area networks (LANs), wide area networks (WANs), direct connections, such as through a universal serial bus (USB) port, other forms of computer-readable media, or any combination thereof. On an interconnected set of LANs, including those based on differing architectures and protocols, a router acts as a link between LANs, enabling messages to be sent from one to another, and/or other computing devices.
[0082] Within the communications networks utilized or understood to be applicable to the present disclosure, such networks will employ various protocols that are used for communication over the network. Signal packets communicated via a network, such as a network of participating digital communication networks, may be compatible with or compliant with one or more protocols. Signaling formats or protocols employed may include, for example, TCP/IP, UDP, QUIC (Quick UDP Internet Connection), DECnet, NetBEUI, IPX, APPLETALKTM, or the like. Versions of the Internet Protocol (IP) may include IPv4 or IPv6. The Internet refers to a decentralized global network of networks. The Internet includes local area networks (LANs), wide area networks (WANs), wireless networks, or long haul public networks that, for example, allow signal packets to be communicated between LANs. Signal packets may be communicated between nodes of a network, such as, for example, to one or more sites employing a local network address. A signal packet may, for example, be communicated over the Internet from a user site via an access node coupled to the Internet. Likewise, a signal packet may be forwarded via network nodes to a target site coupled to the network via a network access node, for example. A signal packet communicated via the Internet may, for example, be routed via a path of gateways, servers, etc. that may route the signal packet in accordance with a target address and availability of a network path to the target address.
[0083] According to some embodiments, the present disclosure may also be utilized within or accessible to an electronic social networking site. A social network refers generally to an electronic network of individuals, such as acquaintances, friends, family, colleagues, or co-workers, which are coupled via a communications network or via a variety of sub-networks. Potentially, additional relationships may subsequently be formed as a result of social interaction via the communications network or sub-networks. In some embodiments, multi-modal communications may occur between members of the social network. Individuals within one or more social networks may interact or communication with other members of a social network via a variety of devices. Multi-modal communication technologies refers to a set of technologies that permit interoperable communication across multiple devices or platforms, such as cell phones, smart phones, tablet computing devices, phablets, personal computers, televisions, set-top boxes, SMS/MMS, email, instant messenger clients, forums, social networking sites, or the like.
[0084] In some embodiments, the disclosed networks 110 and/or 105 may comprise a content distribution network(s). A "content delivery network" or "content distribution network" (CDN) generally refers to a distributed content delivery system that comprises a collection of computers or computing devices linked by a network or networks. A CDN may employ software, systems, protocols or techniques to facilitate various services, such as storage, caching, communication of content, or streaming media or applications. A CDN may also enable an entity to operate or manage another's site infrastructure, in whole or in part.
[0085] The content server 106 may include a device that includes a configuration to provide content via a network to another device. A content server 106 may, for example, host a site or service, such as streaming media site/service (e.g., YouTube®), an email platform or social networking site, or a personal user site (such as a blog, vlog, online dating site, and the like). A content server 106 may also host a variety of other sites, including, but not limited to business sites, educational sites, dictionary sites, encyclopedia sites, wikis, financial sites, government sites, and the like. Devices that may operate as content server 106 include personal computers desktop computers, multiprocessor systems, microprocessor-based or programmable consumer electronics, network PCs, servers, and the like.
[0086]Content server 106 can further provide a variety of services that include, but are not limited to, streaming and/or downloading media services, search services, email services, photo services, web services, social networking services, news services, third-party services, audio services, video services, instant messaging (IM) services, SMS services, MMS services, FTP services, voice over IP (VOIP) services, or the like. Such services, for example a video application and/or video platform, can be provided via the application server 108, whereby a user is able to utilize such service upon the user being authenticated, verified or identified by the service. Examples of content may include images, text, audio, video, or the like, which may be processed in the form of physical signals, such as electrical signals, for example, or may be stored in memory, as physical states, for example.
[0087] An ad server comprises a server that stores online advertisements for presentation to users. "Ad serving" refers to methods used to place online advertisements on websites, in applications, or other places where users are more likely to see them, such as during an online session or during computing platform use, for example. Various monetization techniques or models may be used in connection with sponsored advertising, including advertising associated with user. Such sponsored advertising includes monetization techniques including sponsored search advertising, non-sponsored search advertising, guaranteed and non-guaranteed delivery advertising, ad networks/exchanges, ad targeting, ad serving and ad analytics. Such systems can incorporate near instantaneous auctions of ad placement opportunities during web page creation, (in some cases in less than 500 milliseconds) with higher quality ad placement opportunities resulting in higher revenues per ad. That is advertisers will pay higher advertising rates when they believe their ads are being placed in or along with highly relevant content that is being presented to users. Reductions in the time needed to quantify a high quality ad placement offers ad platforms competitive advantages. Thus higher speeds and more relevant context detection improve these technological fields.
[0088] For example, a process of buying or selling online advertisements may involve a number of different entities, including advertisers, publishers, agencies, networks, or developers. To simplify this process, organization systems called "ad exchanges" may associate advertisers or publishers, such as via a platform to facilitate buying or selling of online advertisement inventory from multiple ad networks. "Ad networks" refers to aggregation of ad space supply from publishers, such as for provision en masse to advertisers. For web portals like Yahoo!®, advertisements may be displayed on web pages or in apps resulting from a user-defined search based at least in part upon one or more search terms. Advertising may be beneficial to users, advertisers or web portals if displayed advertisements are relevant to interests of one or more users. Thus, a variety of techniques have been developed to infer user interest, user intent or to subsequently target relevant advertising to users. One approach to presenting targeted advertisements includes employing demographic characteristics (e.g., age, income, sex, occupation, etc.) for predicting user behavior, such as by group. Advertisements may be presented to users in a targeted audience based at least in part upon predicted user behavior(s).
[0089] Another approach includes profile-type ad targeting. In this approach, user profiles specific to a user may be generated to model user behavior, for example, by tracking a user's path through a web site or network of sites, and compiling a profile based at least in part on pages or advertisements ultimately delivered. A correlation may be identified, such as for user purchases, for example. An identified correlation may be used to target potential purchasers by targeting content or advertisements to particular users. During presentation of advertisements, a presentation system may collect descriptive content about types of advertisements presented to users. A broad range of descriptive content may be gathered, including content specific to an advertising presentation system. Advertising analytics gathered may be transmitted to locations remote to an advertising presentation system for storage or for further evaluation. Where advertising analytics transmittal is not immediately available, gathered advertising analytics may be stored by an advertising presentation system until transmittal of those advertising analytics becomes available.
[0090] Servers 106, 108 and 120 may be capable of sending or receiving signals, such as via a wired or wireless network, or may be capable of processing or storing signals, such as in memory as physical memory states. Devices capable of operating as a server may include, as examples, dedicated rack-mounted servers, desktop computers, laptop computers, set top boxes, integrated devices combining various features, such as two or more features of the foregoing devices, or the like. Servers may vary widely in configuration or capabilities, but generally, a server may include one or more central processing units and memory. A server may also include one or more mass storage devices, one or more power supplies, one or more wired or wireless network interfaces, one or more input/output interfaces, or one or more operating systems, such as Windows Server, Mac OS X, Unix, Linux, FreeBSD, or the like.
[0091] In some embodiments, users are able to access services provided by servers 106, 108 and/or 120. This may include in a non-limiting example, authentication servers, search servers, email servers, social networking services servers, SMS servers, IM servers, MMS servers, exchange servers, photo-sharing services servers, and travel services servers, via the network 105 using their various devices 101-104. In some embodiments, applications, such as a streaming video application (e.g., YouTube®, Netflix®, Hulu®, iTunes®, Amazon Prime®, HBO Go®, and the like), blog, photo storage/sharing application or social networking application (e.g., Flickr®, Tumblr®, and the like), can be hosted by the application server 108 (or content server 106,search server 120 and the like). Thus, the application server 108 can store various types of applications and application related information including application data and user profile information (e.g., identifying and behavioral information associated with a user). It should also be understood that content server 106 can also store various types of data related to the content and services provided by content server 106 in an associated content database 107, as discussed in more detail below. Embodiments exist where the network 105 is also coupled with/connected to a Trusted Search Server (TSS) which can be utilized to render content in accordance with the embodiments discussed herein. Embodiments exist where the TSS functionality can be embodied within servers 106, 108, 120, or an ad server or ad network.
[0092] Moreover, although Figure 1 illustrates servers 106, 108 and 120 as single computing devices, respectively, the disclosure is not so limited. For example, one or more functions of servers 106, 108 and/or 120 may be distributed across one or more distinct computing devices. Moreover, in one embodiment, servers 106, 108 and/or 120 may be integrated into a single computing device, without departing from the scope of the present disclosure.
[0093] Figure 2 is a schematic diagram illustrating a client device showing an example embodiment of a client device that may be used within the present disclosure. Device 200 may include many more or less components than those shown in Figure 2. However, the components shown are sufficient to disclose an illustrative embodiment for implementing the present disclosure. Device 200 may represent, for example, client device 101 and mobile devices 102- 104 discussed above in relation to Figure 1.
[0094] As shown in the figure, device 200 includes a processing unit (CPU) 222 in communication with a mass memory 230 via a bus 224. Device 200 also includes a power supply 226, one or more network interfaces 250, an audio interface 252, a display 254, a keypad 256, an illuminator 258, an input/output interface 260, a haptic interface 262, an optional global positioning systems (GPS) receiver 264 and a camera(s) or other optical, thermal or electromagnetic sensors 266. Device 200 can include one camera/sensor 266, or a plurality of cameras/sensors 266, as understood by those of skill in the art. The positioning of the camera(s)/sensor(s) 266 on device 200 can change per device 200 model, per device 200 capabilities, and the like, or some combination thereof.
[0095]Device 200 may optionally communicate with a base station (not shown), or directly with another computing device. Network interface 250 includes circuitry for coupling device 200 to one or more networks, and is constructed for use with one or more communication protocols and technologies as discussed above.
[0096]Optional GPS transceiver 264 can determine the physical coordinates of device 200 on the surface of the Earth, which typically outputs a location as latitude and longitude values. GPS transceiver 264 can also employ other geo-positioning mechanisms, including, but not limited to, triangulation, assisted GPS (AGPS), E-OTD, CI, SAI, ETA, BSS or the like, to further determine the physical location of device 200 on the surface of the Earth. In an embodiment, device 200 may through other components, provide other information that may be employed to determine a physical location of the device, including for example, a MAC address, Internet Protocol (IP) address, or the like.
[0097]Mass memory 230 includes a RAM 232, a ROM 234, and other storage means. Mass memory 230 illustrates another example of computer storage media for storage of information such as computer readable instructions, data structures, program modules or other data. Mass memory 230 stores a basic input/output system ("BIOS") 240 for controlling low-level operation of device 200. The mass memory also stores an operating system 241 for controlling the operation of device 200. It will be appreciated that this component may include a general purpose operating system such as a version of UNIX, or LINUXTM, or a specialized client communication operating system such as Windows ClientTM, or the Symbian® operating system. The operating system may include, or interface with a Java virtual machine module that enables control of hardware components and/or operating system operations via Java application programs.
[0098]Memory 230 further includes one or more data stores, which can be utilized by device 200 to store, among other things, applications 242 and/or other data. For example, data stores may be employed to store information that describes various capabilities of device 200. The information may then be provided to another device based on any of a variety of events, including being sent as part of a header during a communication, sent upon request, or the like. At least a portion of the capability information may also be stored on a disk drive or other storage medium (not shown) within device 200.
[0099] Applications 242 may include computer executable instructions which, when executed by device 200, transmit, receive, and/or otherwise process audio, video, images, and enable telecommunication with a server and/or another user of another client device. Other examples of application programs or "apps" in some embodiments include browsers, calendars, contact managers, task managers, transcoders, photo management, database programs, word processing programs, security applications, spreadsheet programs, games, search programs, and so forth. Applications 242 may further include search client 245 that is configured to send, to receive, and/or to otherwise process a search query and/or search result using any known or to be known communication protocols. Although a single search client 245 is illustrated it should be clear that multiple search clients may be employed. For example, one search client may be configured to enter a search query message, where another search client manages search results, and yet another search client is configured to manage serving advertisements, IMs, emails, and other types of known messages, or the like.
[00100] Figure 3 is a block diagram illustrating the components for performing the systems and methods discussed herein. Figure 3 includes a bucket assignment and validation (BAV) engine 300,network 310 and database 320. The BAV engine 300 can be a special purpose machine or processor and could be hosted by an application server, content server, social networking server, web server, search server, content provider, email service provider, ad server, user's computing device, and the like, or any combination thereof.
[00101] According to some embodiments, the BAV engine 300 can be embodied as a stand-alone application that executes on a computing device, user computing device, server computing device, etc. In some embodiments, the BAV engine 300 can function as an application installed on the computing device, and in some embodiments, such application can be a web-based application accessed by the computing device over a network.
[00102] The database 320 can be any type of database or memory, and can be associated with a server computing device on a network (such as and without limitation a web server, application server, etc.,) or a user's device. Database 320 comprises a dataset of data and metadata associated with local and/or network information related to users, services, applications, content (e.g., video) and the like. Such information can be stored and indexed in the database 320 independently and/or as a linked or associated dataset. It should be understood that the data (and metadata) in the database 320 can be any type of information and type, whether known or to be known, without departing from the scope of the present disclosure.
[00103] In some embodiments, the database 320 can include, for purposes of creating buckets, or groups of users for bucket experiments, user data including metric data (e.g., historical metric data, standardized matric values, etc.), matrix data (e.g., pairwise distances), bucket assignments, layer identification, layer information (e.g., seed value), user hash values, per layer user hash values), bucket ID or name, etc.
[00104] According to some embodiments, database 320 can store other data about users, e.g., user data. According to some embodiments, the stored user data can include, but is not limited to, information associated with a user's profile, user interests, user behavioral information, user attributes, user preferences or settings, user demographic information, user location information, user biographic information, and the like, or some combination thereof. In some embodiments, the user data can also include user device information, including, but not limited to, device identifying information, device capability information, voice/data carrier information, Internet Protocol (IP) address, applications installed or capable of being installed or executed on such device, and/or any, or some combination thereof. It should be understood that the data (and metadata) in the database 320 can be any type of information related to a user, content, a device, an application, a service provider, a content provider, whether known or to be known, without departing from the scope of the present disclosure.
[00105] The network 310 can be any type of network such as, but not limited to, a wireless network, a local area network (LAN), wide area network (WAN), the Internet, or a combination thereof. The network 310 facilitates connectivity of the BAV engine 300, and the database of stored resources 320. Indeed, as illustrated in Figure 3, the BAV engine 300 and database 320 can be directly connected by any known or to be known method of connecting and/or enabling communication between such devices and resources.
[00106] The principal processor, server, or combination of devices that comprises hardware programmed in accordance with the special purpose functions herein is referred to for convenience as BAV engine 300, and includes user value generation module 302, matrix generation module 304, bucket assignment module 306, and bucket communications module 308. It should be understood that the engine(s) and modules discussed herein are non- exhaustive, as additional or fewer engines and/or modules (or sub-modules) may be applicable to the embodiments of the systems and methods discussed. The operations, configurations and functionalities of each module, and their role within embodiments of the present disclosure will be discussed with reference to Figure 4.
[00107] As discussed in more detail below, the information processed by the BAV engine 300 can be supplied to the database 320 in order to ensure that the information housed in the database 320 is up-to-date as the disclosed systems and methods leverage real-time information, as discussed in more detail below.
[00169] As shown in Figure 10, internal architecture 1000 of a computing device(s), computing system, computing platform, user devices, set-top box, smart TV and the like includes one or more processing units, processors, or processing cores, (also referred to herein as CPUs) 1012, which interface with at least one computer bus 1002. Also interfacing with computer bus 1002 are computer-readable medium, or media, 1006, network interface 1014, memory 1004, e.g., random access memory (RAM), run-time transient memory, read only memory (ROM), media disk drive interface 1020 as an interface for a drive that can read and/or write to media, display interface 1010 as interface for a monitor or other display device, keyboard interface 1016 as interface for a keyboard, pointing device interface 1018 as an interface for a mouse or other pointing device, and miscellaneous other interfaces not shown individually, such as parallel and serial port interfaces and a universal serial bus (USB) interface.
[00170]Memory 1004 interfaces with computer bus 1002 so as to provide information stored in memory 1004 to CPU 1012 during execution of software programs such as an operating system, application programs, device drivers, and software modules that comprise program code, and/or computer executable process steps, incorporating functionality described herein, e.g., one or more of process flows described herein. CPU 1012 first loads computer executable process steps from storage, e.g., memory 1004, computer readable storage medium/media 1006, removable media drive, and/or other storage device. CPU 1012 can then execute the stored process steps in order to execute the loaded computer-executable process steps. Stored data, e.g., data stored by a storage device, can be accessed by CPU 1012 during the execution of computer-executable process steps.
[00171]Persistent storage, e.g., medium/media 1006, can be used to store an operating system and one or more application programs. Persistent storage can further include program modules and data files used to implement one or more embodiments of the present disclosure, e.g., listing selection module(s), targeting information collection module(s), and listing notification module(s), the functionality and use of which in the implementation of the present disclosure are discussed in detail herein.
[00172]Network link 1028 typically provides information communication using transmission media through one or more networks to other devices that use or process the information. For example, network link 1028 may provide a connection through local network 1024 to a host computer 1026 or to equipment operated by a Network or Internet Service Provider (ISP) 1030. ISP equipment in turn provides data communication services through the public, worldwide packet-switching communication network of networks now commonly referred to as the Internet 1032.
[00173] A computer called a server host 1034 connected to the Internet 1032 hosts a process that provides a service in response to information received over the Internet 1032. For example, server host 1034 hosts a process that provides information representing video data for presentation at display 1010. It is contemplated that the components of system 1000 can be deployed in various configurations within other computer systems, e.g., host and server.
[00174] At least some embodiments of the present disclosure are related to the use of computer system 1000 for implementing some or all of the techniques described herein. According to one embodiment, those techniques are performed by computer system 1000 in response to processing unit 1012 executing one or more sequences of one or more processor instructions contained in memory 1004. Such instructions, also called computer instructions, software and program code, may be read into memory 1004 from another computer-readable medium 1006 such as storage device or network link. Execution of the sequences of instructions contained in memory 1004 causes processing unit 1012 to perform one or more of the method steps described herein. In alternative embodiments, hardware, such as ASIC, may be used in place of or in combination with software. Thus, embodiments of the present disclosure are not limited to any specific combination of hardware and software, unless otherwise explicitly stated herein.
[00175] The signals transmitted over network link and other networks through communications interface, carry information to and from computer system 1000.Computer system 1000 can send and receive information, including program code, through the networks, among others, through network link and communications interface. In an example using the Internet, a server host transmits program code for a particular application, requested by a message sent from computer, through Internet, ISP equipment, local network and communications interface. The received code may be executed by processor 1002 as it is received, or may be stored in memory 1004 or in storage device or other non-volatile storage for later execution, or both.
[00176] For the purposes of this disclosure a module is a software, hardware, or firmware (or combinations thereof) system, process or functionality, or component thereof, that performs or facilitates the processes, features, and/or functions described herein (with or without human interaction or augmentation). A module can include sub-modules. Software components of a module may be stored on a computer readable medium for execution by a processor. Modules may be integral to one or more servers, or be loaded and executed by one or more servers. One or more modules may be grouped into an engine or an application.
[00177] For the purposes of this disclosure the term "user", "subscriber""consumer" or "customer" should be understood to refer to a user of an application or applications as described herein and/or a consumer of data supplied by a data provider. By way of example, and not limitation, the term "user" or "subscriber" can refer to a person who receives data provided by the data or service provider over the Internet in a browser session, or can refer to an automated software application which receives the data and stores or processes the data.
[00178] Those skilled in the art will recognize that the methods and systems of the present disclosure may be implemented in many manners and as such are not to be limited by the foregoing exemplary embodiments and examples. In other words, functional elements being performed by single or multiple components, in various combinations of hardware and software or firmware, and individual functions, may be distributed among software applications at either the client level or server level or both. In this regard, any number of the features of the different embodiments described herein may be combined into single or multiple embodiments, and alternate embodiments having fewer than, or more than, all of the features described herein are possible.
[00179] Functionality may also be, in whole or in part, distributed among multiple components, in manners now known or to become known. Thus, myriad software/hardware/firmware combinations are possible in achieving the functions, features, interfaces and preferences described herein. Moreover, the scope of the present disclosure covers conventionally known manners for carrying out the described features and functions and interfaces, as well as those variations and modifications that may be made to the hardware or software or firmware components described herein as would be understood by those skilled in the art now and hereafter.
[00180] Furthermore, the embodiments of methods presented and described as flowcharts in this disclosure are provided by way of example in order to provide a more complete understanding of the technology. The disclosed methods are not limited to the operations and logical flow presented herein. Alternative embodiments are contemplated in which the order of the various operations is altered and in which sub-operations described as being part of a larger operation are performed independently.
[00181] While various embodiments have been described for purposes of this disclosure, such embodiments should not be deemed to limit the teaching of this disclosure to those embodiments. Various changes and modifications may be made to the elements and operations described above to obtain a result that remains within the scope of the systems and processes described in this disclosure.
Furthermore, as an ordered combination, these elements amount to generic computer components receiving or transmitting data over a network, performing repetitive calculations, electronic record keeping, and storing and retrieving information in memory, which, as held by the courts, are well-understood, routine, and conventional. See MPEP 2106.05(d).
Moreover, the remaining elements of dependent claims do not transform the recited abstract idea into a patent eligible invention because these remaining elements merely recite further abstract limitations that provide nothing more than simply a narrowing of the abstract idea recited in the independent claims.
Looking at these limitations as an ordered combination adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use a generic arrangement of generic computer components to “apply” the recited abstract idea, perform insignificant extra-solution activity, and generally link the abstract idea to a technical environment. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claim as a whole amounts to significantly more than the abstract idea itself. Since there are no limitations in these claims that transform the exception into a patent eligible application such that these claims amount to significantly more than the exception itself, claims 1-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO HAN MAX LEE whose telephone number is (571) 272-3821. The examiner can normally be reached on Mon-Thurs 8:00 am - 7:00 pm.
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/PO HAN LEE/Primary Examiner, Art Unit 3623
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