DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to Amendment filed 11/10/2025 and entered by an RCE filed 12/08/2025.
Claims 1, 3, 5, 7, 9, 11-16, 18 and 20 have been amended, and no claim has been canceled or added. Currently, claims 1-20 are pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/10/2025 has been entered.
Response to Amendment
Amendments to claims are not effective to overcome the double patenting rejection with respect to U.S. Patent No. 11,526,556 as modified by Dotan-Cohen et al. (U.S. Publication No. 2018/0048595). Therefore, the double patenting rejection with respect to U.S. Patent No. 11,526,556 as modified by Dotan-Cohen et al. (U.S. Publication No. 2018/0048595) is presented.
Amendment to claims 14 and 16 are effective to overcome the 112(b) rejection with respect to claims 14-20. Therefore, the 112(b) rejection to claims 14-20 has been withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,526,556 in view of Dotan-Cohen et al. (U.S. Publication No. 2018/0048595. Claims 1-20 of the earlier patent teaches almost all limitations as recited in the claims 1-20 of this instant application except specifying a user account as a user email account, a content items database as an inbox associated with the user email account, an application to access content items as an email application to access email items.
On the other hand, Dotan-Cohen et al. teaches a system/method for ranking/prioritizing email messages based on user context and/or user devices associated with a user email account (i.e., inbox) (see Abstract, Fig. 2, Fig. 4 and [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Dotan-Cohen et al.’s teaching to the claimed invention recited by the earlier patent 11,526,556 to arrive at the claimed invention of this instant application. Ordinarily skilled artisan would have been motivated to do so to apply the method/system of prioritizing content items associated with a user account according to activity profiles associated with different user devices associated with the same user account into any application for providing/presenting content items including email application for prioritizing email items associated with a user email account based on different profiles associated with the same user email account as disclosed by Dotan-Cohen et al.. In addition, both of the earlier patent and Dohan-Cohen et al. reference teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, ranking/prioritizing content items associated with a user account based on different profiles associated with different user devices associated with the same user account.
In particular, the mapping of the rejection is as follows:
Instant Application
Patent No. 11,526,556 as modified by Dotan-Cohen et al.
A method, comprising:
1. A method, comprising:
controlling a first graphical user interface of a first device, associated with a user account, to display a first content interface, wherein the first content interface is a first version of an application and the first content interface comprises a first set of content items of a content items database, of the user account, associated with the application;
detecting first activity performed using the first content interface;
analyzing the first activity to generate a first activity profile associated with the first content interface, wherein the first activity profile is indicative of a prioritization of one or more first types of content over one or more second types of content when displaying content of the content items database of the user account on the first device;
controlling a second graphical user interface of a second device, associated with the user account, to display a second content interface, wherein the second content interface is a second version of the application and the second content interface comprises a second set of content items of the content items database;
detecting second activity performed using the second content interface;
analyzing the second activity to generate a second activity profile associated with the second content interface, wherein the second activity profile is indicative of a prioritization of the one or more second types of content over the one or more first types of content when displaying content of the content items database of the user account on the second device;
storing a plurality of activity profiles, associated with two or more devices associated with a same user email account, comprising (i) the first activity profile associated with the first content interface, corresponding to a first version of an email application, displayed via the first device and (ii) the second activity profile associated with the second content interface, corresponding to a second version of the email application, displayed via the second device, wherein the first activity profile is indicative of first information at least one of associated with or generated based upon first activity performed using the first content interface displayed via the first device, wherein the second activity profile is indicative of second information at least one of associated with or generated based upon second activity performed using the second content interface displayed via the second device, wherein the plurality of activity profiles is associated with an inbox of the same user email account;
storing a plurality of activity profiles, associated with two or more devices associated with the same user account, comprising (i) the first activity profile associated with the first content interface displayed via the first device and (ii) the second activity profile associated with the second content interface displayed via the second device, wherein the plurality of activity profiles is associated with the content items database of the user account;
receiving a first request to access an email application, from the first device;
receiving a first request to access the application, from the first device;
determining that the first request is associated with the first content interface, corresponding to the first version of the email application displayed via the first device rather than the second content interface, corresponding to the second version of the email application via the second device;
responsive to the first request to access the email application, selecting the first activity profile associated with the first content interface displayed via the first device but not the second activity profile associated with the second content interface displayed via the second device, from the plurality of activity profiles associated with the two or more devices associated with the same user email account, based upon the determination that the first request is associated with the first content interface, corresponding to the first version of the email application, displayed via the first device rather than the second content interface, corresponding to the second version of the email application, displayed via the second device;
responsive to the first request, selecting the first activity profile associated with the first content interface displayed via the first device, from the plurality of activity profiles associated with the two or more devices associated with the same user account, based upon a determination that the first request is associated with the first content interface displayed via the first device;
prioritizing email items of the inbox, based upon the first activity profile associated with the first content interface displayed via the first device, to generate a first list of email items associated with the first content interface; and
prioritizing content items of the content items database, based upon the first activity profile associated with the first content interface displayed via the first device, to generate a first list of content items associated with the first content interface; and
controlling a first graphical user interface associated with the email application to display the first content interface comprising the first list of email items.
controlling the first graphical user interface to display the first content interface comprising the first list of content items.
C
Similarly,
Claims 2-13 rejected by Claims 2-13 respectively
Claim 14 rejected by Claim 14
Claim 15 rejected by Claim 15
Claim 16 rejected by Claim 16
Claims 17-20 rejected by Claims 17-20 respectively
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 13-16 (effective filing date 08/06/2018) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dotan-Cohen et al. (U.S. Publication No. 2018/0048595, Publication date 02/15/2018).
As to claim 1, Dotan-Cohen et al. teaches:
“A method” (see Dotan-Cohen et al., Abstract, Fig. 2, Fig. 4 and [0017]) comprising:
“storing a plurality of activity profiles, associated with two or more devices associated with a same user email account, comprising (i) a first activity profile associated with a first content interface, corresponding to a first version of an application, displayed via a first device and (ii) a second activity profile associated with a second content interface, corresponding to a second version of the application, displayed via a second device” (see Dotan-Cohen et al., [0087]-[0088] and [0085] for storing a plurality of user device profiles for different devices used by the user to access the same user email account through an email application; also see [0092]),
“wherein the first activity profile is indicative of first information at least one of associated with or generated based upon first activity performed using the first content interface displayed via the first device, wherein the second activity profile is indicative of second information at least one of associated with or generated based upon second activity performed using the second content interface displayed via the second device” (see Dotan-Cohen et al., [0088], [0034] and [0045]-[0047] for user device profiles associated with user devices including user activity, user behavior or pattern features, such as patterns of detected user interactions with user device(s)),
“wherein the plurality of activity profiles is associated with an inbox of the same user account” (see Dotan-Cohen et al., [0088] and [0091]-[0092] for user device profiles for user devices used by a user to access email messages associated the user (i.e., email account or inbox) through an application (i.e., email application));
“receiving a first request to access the email application, from the first device” (see Dotan-Cohen et al., [0092] for a determination that the user is actively checking email messages, using an application on a device (i.e., the user must access/open an email application on the device in order to checking email messages as disclosed));
“determining that the first request is associated with the first content interface, corresponding to the first version of the application, displayed via the first device rather than the second content interface, corresponding to the second version of the application, displayed via the second device” (see Dotan-Cohen et al., [0092] for a determination that the user is actively checking email messages, using an application on a device or for determining if the user is currently using a particular device of many user devices associated with the user or the user account (e.g., email account));
“responsive to the first request to access the email application, selecting the first activity profile associated with the first content interface displayed via the first device but not the second activity profile associated with the second content interface displayed via the second device, from the plurality of activity profiles associated with the two or more devices associated with the same user email account, based upon the determination that the first request is associated with the first content interface, corresponding to the first version of the email application, displayed via the first device rather than the second content interface, corresponding to the second version of the email application, displayed via the second device” (see Dotan-Cohen et al., [0088] and [0096]-[0097] for using the user device profiles associated with user devices by the email personalization engine for ranking email messages for each particular user device used to access the email messages corresponding to the user (i.e., email messages associated with a user email account or an inbox));
“prioritizing email items of the inbox, based upon the first activity profile associated with the first content interface displayed via the first device, to generate a first list of email items associated with the first content interface” (see Dotan-Cohen et al., [0088] and [0096]-[0097] for using the user device profiles associated with user devices by the email personalization engine for ranking email messages for each particular user device used to access the email messages corresponding to the user (i.e., email messages associated with a user email account or an inbox)); and
“controlling a first graphical user interface associated with the application to display the first content interface comprising the first list of content items” (see Dotan-Cohen et al., [0097] for providing a portion of the email messages for presentation on the first user device in accordance with the ranking based on characteristic of the first user device as specified in the user device profile associated with the first user device (see [0088])).
As to claim 13, this claim is rejected based on the same argument as above to reject claims 1, and is similarly rejected including the follows:
Dotan-Cohen et al. teaches:
“wherein first activity used to generate the first activity profile comprises one or more selections of one or more content items in the first content interface” (see Dotan-Cohen et al., [0034], [0045] and [0087] for generating user device profiles for user devices including user activity or interaction with user device(s)).
As to claim 14, Dotan-Cohen et al. teaches:
“A computing device” (see Dotan-Cohen et al., Abstract, Fig. 2, Fig. 4 and [0017]-[0018]) comprising:
“a processor” (see Dotan-Cohen et al., Fig. 6 for processor(s) 614); and
“memory comprising processor-executable instructions that when executed by the processor cause performance of operations, the operations comprising” (see Dotan-Cohen et al., Fig. 6 and [0018]] for memory 612 or computer storage media storing computer-useable instructions):
“identifying one or more email items associated with one or more selectable inputs of one or more selections received from a first device associated with a user email account” (see Dotan-Cohen et al., [0097] for identifying if the user was reading email messages from students on the first user device before switching to the second user device); also see [0088], [0034] and [0045] for storing user activity or interaction information with user device(s) in user device profiles associated with user device(s) used by a user (i.e., associated with a user email account)).
“storing a first list of email items associated with a second device associated with the same user email account, wherein the first list of email items begins with one or more content items associated with one or more selectable inputs of one or more selections received from a first device” (see Dotan-Cohen et al., [0097] for identifying a portion of the email messages for being communicated for presentation on the second user device in accordance with the ranking based, at least, on characteristics of the second device, wherein the subject matter of the email messages read by the user on the first user device may be considered when the email messages are ranked for presentation on the second user message);
“receiving a first request to access an email application, from the second device” (see Dotan-Cohen et al., [0097] at a subsequent time, when the user is currently interacting with the second user device (e.g., accessing/open an email application));
“determining that the first request is associated with the second device” (see Dotan-Cohen et al., [0097] for determining that the user is currently interacting with the second user device to access the email message through an email application; also see [0098]);
“responsive to the first request to access the email application, selecting the first list of email items associated with the second device, from a plurality of lists associated with the same user email account, based upon the determination that the first request is associated with the second device” (see Dotan-Cohen et al., [0097] at a subsequent time, when the user is currently interacting with the second user device, a portion of the email messages may be communicated for presentation on the second user device in accordance with the ranking based, at least, on characteristics of the second device (i.e., according to the user device profile associated with the second user device (see [0088]), wherein the subject matter of the email messages read by the user on the first user device may be considered when the email messages are ranked for presentation on the second user message (e.g., keeping the email messages from students that were read by the user on the first user device together) in the ranked email messages presented to the second user device); and
“controlling a second graphical user interface of the second device, to display a second content interface comprising the first list of content items that begins with the one or more content items associated with the one or more selectable inputs of the one or more selections received from the first device, wherein the second content interface is a second version of the application” (see Dotan-Cohen et al., [0097] for presentation of email messages ranked according to characteristics of the second user device, wherein the list of ranked email messages including a set of email messages read/selected by the user on the first user device (i.e., a set of email messages from students)).
As to claim 15, this claim is rejected based on the same argument as above to reject claim 14 and is similarly rejected including the following:
Dotan-Cohen et al. teaches:
“transmitting one or more notifications associated with the one or more content items to the second device” (see Roberts et al., [0079] for transmitting a notification regarding some email messages including sensitive content).
As to claim 16, Dotan-Cohen et al. teaches:
“A non-transitory machine readable medium having stored thereon processor-executable instructions that when executed cause performance of operations, the operations comprising” (see Dotan-Cohen et al., Abstract, Fig. 2, Fig. 4 and [0017]-[0018]):
“storing a plurality of activity profiles, associated with two or more devices associated with a same user email account, comprising (i) a first activity profile associated with a first content interface displayed via a first device and (ii) a second activity profile associated with content displayed via a second device” (see Dotan-Cohen et al., [0087]-[0088] and [0085] for storing a plurality of user device profiles for different devices used by the user to access the same user email account through an email application; also see [0092]),
“wherein the first activity profile is indicative of first information at least one of associated with or generated based upon first activity performed using the first content interface displayed via the first device, wherein the second activity profile is indicative of second information at least one of associated with or generated based upon second activity performed using the second content interface displayed via the second device” (see Dotan-Cohen et al., [0088], [0034] and [0045]-[0047] for user device profiles associated with user devices including user activity, user behavior or pattern features, such as patterns of detected user interactions with user device(s)),
“wherein the plurality of activity profiles is associated with an inbox of the same user email account” (see Dotan-Cohen et al., [0088] and [0091]-[0092] for user device profiles for user devices used by a user to access email messages associated the user (i.e., email account or inbox) through an application (i.e., email application));
“receiving a first request to access an email application, from the first device” (see Dotan-Cohen et al., [0092] for a determination that the user is actively checking email messages, using an application on a device (i.e., the user must access/open an email application on the device in order to checking email messages as disclosed));
“determining that the first request is associated with the first content interface displayed via the first device” (see Dotan-Cohen et al., [0092] for a determination that the user is actively checking email messages, using an application on a device or for determining if the user is currently using a particular device of many user devices associated with the user or the user account (e.g., email account));
“responsive to the first request to access the email application, selecting the first activity profile associated with the first content interface displayed via the first device, from the plurality of activity profiles associated with the two or more devices associated with the same user email account, based upon the determination that the first request is associated with the first content interface displayed via the first device” (see Dotan-Cohen et al., [0088] and [0096]-[0097] for using the user device profiles associated with user devices by the email personalization engine for ranking email messages for each particular user device used to access the email messages corresponding to the user (i.e., email messages associated with a user email account or an inbox));
“prioritizing email items of the inbox, based upon the first activity profile associated with the first content interface displayed via the first device, to generate a first list of email items associated with the first content interface” (see Dotan-Cohen et al., [0088] and [0096]-[0097] for using the user device profiles associated with user devices by the email personalization engine for ranking email messages for each particular user device used to access the email messages corresponding to the user (i.e., email messages associated with a user email account or an inbox)); and
“controlling a first graphical user interface to display the first content interface comprising the first list of email items” (see Dotan-Cohen et al., [0097] for providing a portion of the email messages for presentation on the first user device in accordance with the ranking based on characteristic of the first user device as specified in the user device profile associated with the first user device (see [0088])).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-5, 8-9 and 17-20 (effective filing date 08/06/2018) are rejected under 35 U.S.C. 103 as being unpatentable over Dotan-Cohen et al. (U.S. Publication No. 2018/0048595, Publication date 02/15/2018), and further in view of Kamp (U.S. Publication No. 2014/0201366, Publication date 07/17/2014).
As to claims 2 and 17, Dotan-Cohen et al. teaches all limitations as recited in claims 1 and 16 including storing a plurality of device profiles associated with a user email account/profile (see Dotan-Cohen et al., Fig. 2 and [0087]).
In addition, Dotan-Cohen et al. teaches the device profile may be associated with a time of day (see Dotan-Cohen et al., [0043] and [0071] for information about a user or a user device including time-related features, such as time(s) of day(s), day of week or month the device is used by the user or activity is performed by the user, etc.; also see [0066]).
However, Dotan-Cohen et al. does not explicitly teach a feature for creating a profile associated with a particular time of day and selecting the profile based on the particular time of data as equivalently recited as follows:
“the first activity profile is associated with a first time of day;
the receiving the first request is performed during a first period of time, wherein the first time of day includes the first period of time; and
the selecting the first activity profile is performed based upon a determination that the first request was received during the first time of day.”
On the other hand, Kamp explicitly teaches a feature for creating a profile associated with a particular time of data and selecting the profile based on the particular time of date as equivalently recited as follows:
“the first activity profile is associated with a first time of day” (see Kamp, [0061] for creating profiles for different points in a day time; also see [0024]);
“the receiving the first request is performed during a first period of time, wherein the first time of day includes the first period of time” (see Kamp, [0061]-[0062] for using different profiles to provide different sets of apps (i.e., content items) at different points in a date time; also see [0024])); and
“the selecting the first activity profile is performed based upon a determination that the first request was received during the first time of day” (see Kamp, [0061]-[0062] for using different profiles to provide different sets of apps (i.e., content items) at different points in a date time; also see [0024])).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kamp's teaching to Dotan-Cohen et al.’s system by implementing a feature of creating and selecting/using a user profile based on particular time of day. Ordinarily skilled artisan would have been motivated to do so to provide Dotan-Cohen et al.’s system with an effective way to create and use different profiles based on different characteristics including time of date. In addition, both of the references (Dotan-Cohen et al. and Kamp) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, a system for using user profiles to customize content items provided to a user according to user needs or preferences. This close relation between both of the references highly suggests an expectation of success when combined.
As to claims 3 and 18, these claims are rejected based on the same argument as above to reject claims 2 and 17 respectively, and are similarly rejected including the follows:
Dotan-Cohen et al. as modified by Kamp teaches:
“detecting activity performed using the first content interface during a second period of time” (Dotan-Cohen et al., [0066] and [0071] for tracking user activity including a pattern of behavior on a particular day of the week and/or time of day; also see Kamp, [0024] for creating different user profiles based on different time (e.g., timeframes or time periods (see [0076]); also see [0025] and [0034] wherein the user profiles can be created by the authentication server based on user input or use behavior/activity; also see [0062] for detecting user behavior during data time on different terminals);
“analyzing the activity to generate a third activity profile associated with the first content interface and a second time of day, wherein the second time of day includes the second period of time, wherein the second time of day is different than the first time of day” (Dotan-Cohen et al., [0066] and [0071] for tracking user activity including a pattern of behavior on a particular day of the week and/or time of day; also see Kamp, [0024] for creating different user profiles based on different time (e.g., timeframes or time periods (see [0076]); also see [0025] and [0034] wherein the user profiles can be created by the authentication server based on user input or use behavior/activity);
“receiving a second request to access the email application, from the first device, during a third period of time, wherein the second time of day includes the third period of time” (see Dotan-Cohan et al., [0020] and [0092] for receiving a request from a user to access/checking email messages; also see Kamp, [0061]-[0062] for providing apps according to user needs at different points in a day time);
“selecting the third activity profile, from the plurality of activity profiles, based upon a determination that the second request is associated with the first content interface and that the second request was received during the second time of day” (see Dotan-Cohen et al., [0088] for selecting a user device profile to use in email personalization for a particular user device; also see Kamp, [0061]-[0062] for selecting a user profile at a particular point in the day time according to user need/request);
“prioritizing email items of the inbox, based upon the third activity profile, to generate a third list of email items associated with the first content interface and the second time of day” (see Dotan-Cohen et al., [0088] and [0091] for ranking/prioritizing email messages based on characteristics of a user devices indicated in user device profiles; also see Kamp, [0061]-[0062] for selecting and providing apps according to user needs at different points in a day time using different user profiles corresponding to different points in the day time); and
“controlling the first graphical user interface to display the first content interface comprising the third list of email items” (see Dotan-Cohen et al., [0096]-[0097] for presentation of a portion of email messages on a first user device in accordance with the ranked based, at least, on characteristics of the first user devices or the user device associated with the first user device (see [0088]); also see Kamp, [0061]-[0062] for selecting and providing apps according to user needs at different points in a day time using different user profiles corresponding to different points in the day time).
As to claims 4 and 19, Dotan-Cohen et al. teaches all limitations as recited in claims 1 and 16 including storing a plurality of device profiles associated with a user email account/profile (see Dotan-Cohen et al., Fig. 2 and [0087]).
In addition, Dotan-Cohen et al. teaches tracking/monitoring a geographic location of a user or a user device (see Dotan-Cohen et al., [0020], [0031]-[0032], [0052] and [0062]).
However, Dotan-Cohen et al. does not explicitly teach a feature for creating a profile associated with a location/area and selecting the profile based on the location/area as equivalently recited as follows:
“the first activity profile is associated with a first area;
the receiving the first request is performed while the first device is located within the first area; and
the selecting the first activity profile is performed based upon a determination that the first request was received while the first device was located within the first area.”
On the other hand, Kamp explicitly teaches a feature for creating a profile associated with a location/area and selecting the profile based on the location/area as equivalently recited as follows:
“the first activity profile is associated with a first area” (see Kamp, [0024] for creating different user profiles based on location (e.g., an area); also see [0060] for “at work” profile and “at home” profile);
“the receiving the first request is performed while the first device is located within the first area” (see Kamp, [0061] wherein a terminal used by a user can be located at home or at work); and
“the selecting the first activity profile is performed based upon a determination that the first request was received while the first device was located within the first area” (see Kamp, [0061] for selecting an appropriate user profile based on location of the user terminal, e.g., selecting the “at work” profile when user requests for accessing apps at work).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kamp's teaching to Dotan-Cohen et al.’s system by implementing a feature of creating and selecting/using a user profile based on a location/area. Ordinarily skilled artisan would have been motivated to do so to provide Dotan-Cohen et al.’s system with an effective way to create and use different profiles based on different characteristics including location/area. In addition, both of the references (Dotan-Cohen et al. and Kamp) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, a system for using user profiles to customize content items provided to a user according to user needs or preferences. This close relation between both of the references highly suggests an expectation of success when combined.
As to claims 5 and 20, these claims are rejected based on the same argument as above to reject claims 4 and 19 respectively, and are similarly rejected including the follows:
Dotan-Cohen et al. as modified by Kamp teaches:
“detecting activity performed using the first content interface while the first device is located within a second area, wherein the second area is different than the first area” (see Dotan-Cohen et al., [0062] for monitoring a geographic location of a user or a user device being used by the user; also see Kamp, [0024] for creating different user profiles based on location; also see [0025] and [0034] wherein the user profiles can be created by the authentication server based on user input or use behavior/activity);
“analyzing the activity to generate a third activity profile associated with the first content interface and the second area” (see Dotan-Cohen et al., [0062] for monitoring a geographic location of a user or a user device being used by the user; see Kamp, [0024]-[0025] for creating different user profiles based on location and based on user behavior/activity; also see [0061]-[0062]);
“receiving a second request to access the email application, from the first device, while the first device is located within the second area” (see Dotan-Cohen et al., [0020] and [0062] for receiving a request for accessing email messages (i.e., accessing an email application) and determining user context including the user’s location; also see Kamp, [0061]-[0062] wherein a user can request access to apps using one or more different terminals at different location, e.g., at home or at work);
“selecting the third activity profile, from the plurality of activity profiles, based upon a determination that the second request is associated with the first content interface and that the second request was received while the first device was located within the second area” (see Dotan-Cohen et al., [0088] and [0062] for performing email-personalization based on user device profiles and user context including location of a user or a user device used by the user; also see Kamp, [0061]-[0062] for selecting a user profile based on where the user requests access to apps);
“prioritizing email items of the inbox, based upon the third activity profile, to generate a third list of email items associated with the first content interface and the second area” (see Dotan-Cohen et al., [0088] and [0062] for performing email-personalization based on user device profiles and user context including location of a user or a user device used by the user; also see Kamp, [0061] for selecting different sets of apps defined by different user profiles); and
“controlling the first graphical user interface to display the first content interface comprising the third list of email items” (see Dotan-Cohen et al., [0100] for presentation of email messages ranked according to user device characteristics as well as user context including location; also see Kamp, [0061] for providing the apps to the user; also see [0080]).
As to claim 8, Dotan-Cohen et al. teaches all limitations as recited in claims 1 and 16 including storing a plurality of device profiles associated with a user email account/profile (see Dotan-Cohen et al., Fig. 2 and [0087]).
In addition, Dotan-Cohen et al. teaches personalizing email messages (e.g., ranking, summarizing, or modifying in term of how or what is provided to a user) based on a set of conditions/criteria (see Dotan-Cohen et al., [0081]).
However, Dotan-Cohen et al. does not explicitly teach a feature for creating a profile associated with a set of conditions and selecting the profile based on a set of conditions as equivalently recited as follows:
“the first activity profile is associated with a first set of conditions;
the receiving the first request is performed at a time determined to meet the first set of conditions; and
the selecting the first activity profile is performed based upon a determination that the first request was received at a time determined to meet the first set of conditions.”
On the other hand, Kamp explicitly teaches a feature for creating a profile associated with a set of conditions and selecting the profile based on the set of conditions as equivalently recited as follows:
“the first activity profile is associated with a first set of conditions” (see Kamp, [0024] for creating different user profiles based on different time, location or any other type of parameter (i.e., condition(s)); also see [0076]);
“the receiving the first request is performed at a time determined to meet the first set of conditions” (see Kamp, [0024] wherein a request for accessing apps can be received from a client at different points in time); and
“the selecting the first activity profile is performed based upon a determination that the first request was received at a time determined to meet the first set of conditions” (see Kamp, [0024] and [0076] for selecting a user profile based on user’s location and timeframes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kamp's teaching to Dotan-Cohen et al.’s system by implementing a feature of creating and selecting/using a user profile based on a set of conditions. Ordinarily skilled artisan would have been motivated to do so to provide Dotan-Cohen’s system with an effective way to create and use different profiles based on different characteristics including a set of conditions. In addition, both of the references (Dotan-Cohen et al. and Kamp) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, a system for using user profiles to customize content items provided to a user according to user needs or preferences. This close relation between both of the references highly suggests an expectation of success when combined.
As to claim 9, this claim is rejected based on the same argument as above to reject claims 8, and is similarly rejected including the follows:
Dotan-Cohen et al. as modified by Kamp teaches:
“detecting activity performed using the first content interface at a time determine to have a second set of conditions, wherein the second set of conditions is different than the first set of conditions” (see Dotan-Cohen et al., [0020] for tracking user context when accessing email messages in an email application, wherein the user context includes a plurality of conditions (e.g., the user’s location, the user’s activity, a schedule associated with the user, etc.) ; also see Kamp, [0025] for identifying/detecting user behavior/activity when using the specific mobile device; also see [0024] and [0076] for creating user profiles based on time, location or other type of parameter (i.e., conditions));
“analyzing the activity to generate a third activity profile associated with the first content interface and the second set of conditions” (see Kamp, [0024]-[0025] and [0076] for creating user profiles based on time, location or other type of parameter (i.e., conditions) based on user behavior/activity) ;
“receiving a second request to access the application, from the first device, at a time determined to meet the second set of conditions” (see Dotan-Cohen et al., [0020] and [0092] for receiving a request/input for accessing and checking email messages; also see Kamp, [0061]-[0062] for receiving request from a user for access of apps);
“selecting the third activity profile, from the plurality of activity profiles, based upon a determination that the second request is associated with the first content interface and that the second request was received at a time meeting the second set of conditions” (see Dotan-Cohen et al., [0088] and [0097] for selecting a user device profile to use in personalizing/ranking email messages; also see Kamp, [0061]-[0062] for selecting a user profile based on when and where the request is received (e.g., at night and at home));
“prioritizing content items of the content items database, based upon the third activity profile, to generate a third list of content items associated with the first content interface and the second set of conditions” (see Dotan-Cohen et al., [0088] and [0097] for selecting a user device profile to use in personalizing/ranking email messages; also see Kamp, [0061] for selecting different sets of apps defined by different user profiles); and
“controlling the first graphical user interface to display the first content interface comprising the third list of content items” (see Dotan-Cohen et al., [0097] for presentation of personalized/ranked email messages according to different user devices (i.e., user device profiles); also see Kamp, [0061] for providing the apps to the user; also see [0080]).
Claims 6-7 (effective filing date 08/06/2018) are rejected under 35 U.S.C. 103 as being unpatentable over Dotan-Cohen et al. (U.S. Publication No. 2018/0048595, Publication date 02/15/2018), and further in view of Gao et al. (U.S. Publication No. 2016/0171110, Publication date 06/16/2016).
As to claim 6, Dotan-Cohen et al. teaches all limitations as recited in claims 1 and 16 including storing and/ using a plurality of device profiles associated with a user email account/profile for email personalization (see Dotan-Cohen et al., Fig. 2 and [0087]-[0088).
In addition, Dotan-Cohen et al. teaches tracking user context including weather data (see Dotan-Cohen et al., [0031]).
However, Dotan-Cohen et al. does not explicitly teach a feature for generating and selecting/using a profile based on weather characteristics as equivalently recited as follows:
“the first activity profile is associated with a first set of weather characteristics;
the receiving the first request is performed while the first device is in a region determined to have the first set of weather characteristics; and
the selecting the first activity profile is performed based upon a determination that the first request was received while the first device was in a region having the first set of weather characteristics”.
On the other hand, Gao et al. explicitly teaches a feature for generating and selecting/using a profile based on weather characteristics (see Gao, [0041] and Fig. 7 for generating user profiles based on various weather conditions and using the user profiles for personalizing content provided to a user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Gao et al.'s teaching to Dotan-Cohen et al.’s system by implementing a feature of creating and selecting/using a user profile based on weather conditions. Ordinarily skilled artisan would have been motivated to do so to provide Dotan-Cohen et al.’s system with an effective way to create and use different profiles based on different characteristics including weather characteristics. In addition, both of the references (Dotan-Cohen et al. and Gao et al.) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, a system for using user profiles to customize content items provided to a user according to user needs or preferences. This close relation between both of the references highly suggests an expectation of success.
As to claim 7, this claim is rejected based on the same argument as above to reject claims 6, and is similarly rejected including the follows:
Dotan-Cohen et al. as modified by Gao et al. teaches:
“detecting activity performed using the first content interface while the first device is in a region determined to have a second set of weather characteristics, wherein the second set of weather characteristics is different than the first set of weather characteristics” (see Dotan-Cohen et al., [0031] for tracking user context including weather data; also see Gao et al., Fig. 7, element 704 for accessing current weather condition information (i.e., weather characteristics));
“analyzing the activity to generate a third activity profile associated with the first content interface and the second set of weather characteristics” (see Dotan-Cohen et al., [0034]-[0035] and [0088] for generating a user profile and/or user device profiles based on tracked interactions/activity information associated with a user and the user devices; also see Gao et al., [0041] and Fig. 7 for generating user profiles based on various weather conditions and using the user profiles for personalizing content provided to a user);
“receiving a second request to access the email application, from the first device, while the first device is in a region determined to have the second set of weather characteristics” (see Dotan-Cohen et al., [0092] for receiving a request for accessing and checking email message (i.e., accessing an email application); also see Gao et al., Fig. 7 for providing content to a user based on the user profile and weather conditions);
“selecting the third activity profile, from the plurality of activity profiles, based upon a determination that the second request is associated with the first content interface and that the second request was received while the first device was in a region having the second set of weather characteristics” (see Dotan-Cohen et al., [0088] and [0097] for selecting a user device profile to use for ranking email messages provided in the user device; also see Gao et al., Fig. 7 for providing content to a user based on the user profile and weather conditions);
“prioritizing email items of the inbox, based upon the third activity profile, to generate a third list of email items associated with the first content interface and the second set of weather characteristics” (see Dotan-Cohen et al., [0088] and [0097] for ranking email messages provided in the user device based on characteristic of the user device (i.e., a user device profile); also see Gao et al., Fig. 7 for providing/customizing content to a user based on the user profile and weather conditions); and
“controlling the first graphical user interface to display the first content interface comprising the third list of email items” (see Dotan-Cohen et al., [0097] for presentation of the ranked email messages to a user device; also see Gao et al., Fig. 7 providing content to a user based on the user profile and weather conditions).
Claims 10-12 (effective filing date 08/06/2016) are rejected under 35 U.S.C. 103 as being unpatentable over Dotan-Cohen et al. (U.S. Publication No. 2018/0048595, Publication date 02/15/2018), and further in view of Xiao et al. (U.S. Publication No. 2012/0090007, Publication date 04/12/2012).
As to claim 10, Dotan-Cohen et al. teaches all limitations as recited in claims 1 and 16 including storing and/ using a plurality of device profiles associated with a user email account/profile for email personalization (see Dotan-Cohen et al., Fig. 2 and [0087]-[0088).
In addition, Dotan-Cohen et al. teaches assigning score or weight for ranking a particular email message with respect to one or more user devices (see [0081]).
However, Dotan-Cohen et al. does not explicitly teach a feature for generating a profile including weights associated with types of content based on user activity as equivalently recited as follows:
“wherein the first activity profile comprises:
indications of one or more types of content associated with first activity; and
indications of one or more weights of the one or more types of content, wherein the one or more weights of the one or more types of content are determined based upon amounts of activity, of the first activity, associated with each type of content of the one or more types of content.”
On the other hand, Xiao et al. explicitly teaches a feature for generating a profile including weights associated with types of content based on user activity as equivalently recited as follows:
“wherein the first activity profile comprises” (see Xiao et al., [0046] and [0052]-[0053] for generating and updating a user profile with weights for different types of television content based on user behavior information):
“indications of one or more types of content associated with first activity” (see Xiao et al., [0046] and [0052]-[0053] for identifying/indicating different types of content (e.g., sitcoms, educational television shows, etc.); also see [0045]); and
“indications of one or more weights of the one or more types of content, wherein the one or more weights of the one or more types of content are determined based upon amounts of activity, of the first activity, associated with each type of content of the one or more types of content” ” (see Xiao et al., [0046] and [0052]-[0053] for generating or updating a user file with weights for different types of television content).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Xiao et al.'s teaching to Dotan-Cohen et al.’s system by implementing generating a profile including weights associated with types of content based on user activity. Ordinarily skilled artisan would have been motivated to do so to provide Dotan-Cohen et al.’s system with an effective way to order/prioritize different types of contents based on profiles. In addition, both of the references (Dotan-Cohen et al. and Xiao et al.) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, a system for using user profiles to customize/prioritize content items provided to a user according to user activity. This close relation between both of the references highly suggests an expectation of success.
As to claim 11, this claim is rejected based on the same argument as above to reject claims 10, and is similarly rejected including the follows:
Dotan-Cohen et al. as modified by Xiao et al. teaches:
“wherein the prioritizing the email items of the inbox is performed, based upon the one or more weights of the one or more types of content, to generate the first list of email items having an order of email items based upon the one or more weights of the one or more types of content” (see Dotan-Cohen et al., [0081] for assigning score or weight for ranking a particular email message with respect to one or more user devices; also see Xiao et al., [0052]-[0053] for personalizing TV guide (i.e., listing of television programs) based on weights associated with different types of contents).
As to claim 12, this claim is rejected based on the same argument as above to reject claims 11, and is similarly rejected including the follows:
Dotan-Cohen et al. as modified by Xiao et al. teaches:
“a first content item of the inbox is associated with a first type of content, of the one or more types of content, corresponding to a first weight of the one or more weights” (see Dotan-Cohen et al., [0081] for assigning score or weight for ranking a particular email message with respect to one or more user devices; also see Xiao et al., [0052]-[0053] wherein each television shows/programs is associated with a type of content (e.g., sitcoms, educational television shows, etc.) and each type of content is associated with a weight calculated based on user behavior/activity information);
“a second content item of the inbox is associated with a second type of content, of the one or more types of content, corresponding to a second weight of the one or more weights” (see Dotan-Cohen et al., [0081] for assigning score or weight for ranking a particular email message with respect to one or more user devices; also see Xiao et al., [0052]-[0053] wherein each television shows/programs is associated with a type of content (e.g., sitcoms, educational television shows, etc.) and each type of content is associated with a weight calculated based on user behavior/activity information);
“the first weight is higher than the second weight” (see Dotan-Cohen et al., [0081]-[0082] for assigning score or weight for ranking a particular email message with respect to one or more user devices; also see Xiao et al., [0052]-[0053] for different weights associated with different types of content); and
“the first list of content items comprises the first content item preceding the second content item” (see Dotan-Cohen et al., [0081]-[0082] for assigning score or weight for ranking a particular email message with respect to one or more user devices and ranking based on the determined scored of each message; also see Xiao et al., [0052]-[0053] for generating a personalized TV guide (e.g., a listing of television programs) based on user profile based on weights associated with types of content, e.g., including a listing of animated cartoons followed by a listing of all available half-hour long television court shows, wherein animated cartoons are weighted higher in a profile associated with a child).
Conclusion
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/Phuong Thao Cao/Primary Examiner, Art Unit 2164