DETAILED ACTION
This office action is responsive to the RCE with amendments and remarks filed December 10, 2025.
Claims 1-20 are pending, all examined and rejected.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Smiler (US 20080065649 A1), in view of Rakowski et al (US 20070143694 A1 thereafter "Rakowski").
As to claim 1, Smiler disclose(s) a method comprising: … the browser displaying content in a window; ... receiving, at the server computer, a link from the module at the second client computer; [Fig 3 shows that user generated content and content from a website may be displayed. An access program (module) at a client's web browser may send URI/URLs of web pages to a server [See ¶-13, 45-46]. The access module may be a plug-in [See ¶-101]] identifying, by the server computer, the content via in an index based on the link received from the second client computer; [The server searches a data store (index) for content associated with the URI/URL [See ¶-45]] and transmitting, by the server computer, an advertisement created by a user of the second client computer through a user interface of the module on the second computer to the first client computer for display, wherein the server computer connects the advertisement created by the user at the second client computer to a content displayed at the first client computer so as to provide a targeted transmission of the advertisement to the first client computer. First see [0051], (“The access program can also allow users to add new content through the access program window…”). Therefore Smiler discloses that users create content of their own at the 2nd computer which is displayed to other computers (which includes “first computer”) via the access program (module). The examiner notes that the BRI of “advertisement” is very broad, with the plain meaning including at least “a notice or announcement in a public medium promoting a product, service, or event or publicizing a job vacancy.” This is supported by applicant’s own broad discussion of advertisements in the specification as filed, [0034], discussing that advertisements can be for a roommate, to buy/sell a product, a classified jobs section, a dating section, etc. Given further that the nature of what is an advertisement is subjective and turns on conveying a message to a human reader, the examiner finds whether specific content is an “advertisement” to be non-functional descriptive material and not given patentable weight. Thus, the examiner finds that the user generated content taught by Smiler at [0051] includes advertisements under BRI.
Second, note also [0068], discussing that advertisements or other content can take any form. Similarly, [0042] equates advertising and content. Thus, in Smiler’s view advertisements are a form of content. Again noting Smiler’s discussion at [0051] of user generated content being sent to other users via the module, Smiler anticipates users of second computers creating advertisements.
Third see Fig. 4, showing the user interface of the access window which is a “user interface of the module on the second client computer.” Note the ability to add comments. Again, a user can type whatever they want which could be an “advertisement.”
With respect to the language “so as to provide a targeted transmission of the advertisement to the first client computer”, the examiner notes this language is merely intended use and is not afforded patentable weight. Even if afforded patentable weight, Smiler teaches this in multiple respects. See e.g., [0067], (directly discussing targeted advertisements), but see also [0051], discussing general comments which again the examiner notes under BRI can be advertisements which are targeted directly at specific websites and thus users who visit that website.)
However, Smiler do(es) not disclose "transmitting, by a server computer, a module to a browser of a first client computer, … transmitting, by the server computer, the module to a second client computer;" On the other hand, Rakowski discloses "transmitting, by a server computer, a module to a browser of a first client computer, … transmitting, by the server computer, the module to a second client computer;" Rakowski discloses a system wherein a user may generate a blog post (content) about a webpage (content) [See ¶-42]. The blog post is generated using a browser plugin/extension (module) that is downloaded from a server [See ¶-36]. Fig 1 shows multiple clients may receive the browser plugin [See ¶-22].
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified Smiler's web content and advertisement system to incorporate the teachings of Rakowski's blog posting and plugin download. Motivation to do so would be to more easily view formal reviews or other comments, as taught by Rakowski [See ¶-4]. Motivation to do so would be because it would be applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The known technique of Rakowski's plugin download would have predictably resulted in enabling greater distribution of the plugin thus increasing usage.
As to claim 2, Smiler, Rakowski disclose(s) the method of claim 1, wherein the transmitting of the module to the browser further comprises transmitting the module to the browser to cause the browser to display a user interface, the user interface being further configured to facilitate the user to provide a rating for the content. [Smiler, See Fig 3 for one embodiment of the user interface generated using the access program. Users may rate the user generated content [See ¶-72]]
As to claim 3, Smiler, Rakowski disclose(s) the method of claim 1, wherein the transmitting of the module to the browser further comprises transmitting the module to the browser to cause the browser to display a user interface, the user interface being further configured to facilitate the user to provide a comment for the content. [Smiler, See Fig 3 for one embodiment of the user interface generated using the access program. Users may comment on the user generated content [See ¶-73]]
As to claim 4, Smiler, Rakowski disclose(s) the method of claim 1, wherein the transmitting of the module to the browser further comprises transmitting the module to the browser to cause the web browser to display a user interface, the user interface being further configured to enable facilitate the user to submit the web content to a search engine. [Smiler, See Fig 3 for one embodiment of the user interface generated using the access program. Users may generate new content to post to the server's data store [See ¶-51]. Users may then search through comments as shown in Fig 7 [See ¶-83], thus indicating the server functions as a search engine]
As to claim 5, Smiler, Rakowski disclose(s) the method of claim 1, wherein the transmitting of the module to the browser further comprises transmitting the module to the browser to cause the browser to display a user interface, the user interface being further configured to facilitate the user to identify the content for submission to a search engine. [Smiler, See Fig 3 for one embodiment of the user interface generated using the access program. Users may generate new content to post to the server's data store [See ¶-51]. Users may then search through comments as shown in Fig 7 [See ¶-83], thus indicating the server functions as a search engine]
As to claim 6, Smiler, Rakowski disclose(s) the method of claim 1, wherein the transmitting of the module to the browser further comprises transmitting the module to the browser to cause the browser to display the user interface, the user interface being further configured to transmit the link of the displayed content to the server computer for an extraction of the displayed at least one portion of the content. [Smiler, See Fig 3 for one embodiment of the user interface generated using the access program. The URI of a webpage or advertisement may be transmitted to the server [See ¶-47]. The server may extract additional URIs within the webpage/advertisement and determine related content [See ¶-47]]
As to claim 7, Smiler, Rakowski disclose(s) the method of claim 6, further comprising extracting, by the server computer, the at least one portion of the content from the displayed content after receiving the link. [Smiler, The URI of a webpage or advertisement may be transmitted to the server [See ¶-47]. The server may extract additional URIs within the webpage/advertisement and determine related content [See ¶-47]]
As to claim 8, Smiler, Rakowski disclose(s) the method of claim 1, wherein the transmitting of the module to the browser further comprises transmitting the module to the web browser to cause the browser to display the user interface, the user interface further configured to facilitate the user to post at least some of the content to a social networking site. [Rakowski, wherein a user may generate a blog post (content) about a webpage (content) [See ¶-42]. Accordingly, the user generated post text (content) is provided to a blog. The broadest reasonable interpretation of a social networking site includes a blog]
As to claim 9, Smiler, Rakowski disclose(s) the method of claim 1, wherein the displaying of the web content in a user interface further comprises displaying representative information of the web content comprising a picture, an icon, a sentence, or a paragraph in the content. [Smiler, The content may include text (sentence/paragraph), video, audio, images (picture/icon), Braille [See ¶-42]]
As to claim 10, Smiler, Rakowski disclose(s) the method of claim 1, wherein the transmitting of the module further comprises transmitting the module to the browser to cause the browser to display a user interface, the user interface being further configured to display advertisements posted by other users [Smiler, The server searches a data store (index) for content associated with the URI/URL [See ¶-45]. The content may include an advertisement from an advertiser (other user) [See ¶-42, 49, 58, 67]. Additionally, since text and images may being included in the user generated content, a skilled artisan would understand that this may include an advertisement] who have communicated with the server computer for a module. [Rakowski, The content is generated using a browser plugin/extension (module) that is downloaded from a server [See ¶-36]. Fig 1 shows multiple clients may receive the browser plugin [See ¶-22]. Accordingly, any user or advertiser taught by Smiler may receive the browser plugin]
As to claim(s) 11-19, the claim(s) is/are directed to a system with a processor performing instructions stored in a memory analogous to the method of claim(s) 1-9 respectively, and is/are thus rejected under similar rationale. Additionally, Smiler discloses the server may include a microprocessor and memory for performing the described method [See ¶-102].
As to claim(s) 20, the claim(s) is/are directed to a system with a processor performing instructions stored in a memory analogous to the method of claim(s) 1 respectively, and is/are thus rejected under similar rationale. Additionally, Smiler discloses the server may include a microprocessor and memory for performing the described method [See ¶-102].
Response to Arguments
Applicant’s arguments regarding the 35 U.S.C. 103 rejection have been considered and are not persuasive. Regarding the BRI of the term “advertisement”, first note that this term has not been patentable weight and applicant has not provided any direct argument as to why it should be given patentable weight. Second, even if it is given patentable weight, applicant’s argument that Smiler does not disclose advertisements is not persuasive. A user in Smiler can write anything they want in the comment field, including advertisements. For example, a user could state they are looking for a roommate or for dating prospects, both of which the specification of the instant application list as “advertisements.”
Applicant’s argument that Smiler does not disclose a user interface is also not persuasive. As discussed in the rejection a user interface is clearly present in Smiler.
Applicant then argue that the references do not disclose that “the server computer matches the user-created advertisement to content displayed at the first client for a targeted transmission of the advertisement to the first client computer.” This is not the current claim language and thus this argument is not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATT ELL whose telephone number is (571)270-3264. The examiner can normally be reached 9-5, M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dave Wiley can be reached at 571-272-4150. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW ELL/Supervisory Patent Examiner, Art Unit 2141