DETAILED ACTION
This office action is in response to the amendment received 12/1/2025.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/1/2025 has been entered.
Claims’ Status
Claims 21-40 are pending.
Claims 21, 29, and 37 are independent.
Claims 1-20 are previously canceled.
Claims 21, 24, 29, 32 and 37 are newly amended.
Claim Rejections - 35 USC § 103
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.
Claims 21-40 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Davulcu et al. (hereinafter Davulcu – WO2006/099407A2) in view of Matthews; Scott (hereinafter Matthews – US 20070136696 A1) and Navarro; Alicia et al. (hereinafter Navarro – US 20100058160 A1).
In reference to independent claim 21, Davulcu teaches:
A system including a server comprising a processor coupled to a database associated with a plurality of [vendors/affiliates] (as explained below, a system represented in fig. 1, includes search engines, online shops and a suggestion portal for products 12. This system also includes at least one server, e.g., for suggestion features, ¶ 64, and/or other servers, such as those illustrated in ¶ 92 and fig. 6. The at least one server necessary includes at least one physical processor, which are illustrated as icon(s) of computer hardware coupled to one or more memories 128, 130 and 132, and which implement a relational database model, e.g., in fig. 6;128,130,132 and ¶ 92. The database can be searched for products based on stored tags/phrases associated with the products, ¶ 45. The products in the database are associated with a collection of vendors/shops [associated with a plurality of [vendors]], ¶¶ 21, 30 and 86 and figs. 1)
including a plurality of records (suggestions) associated with product webpages (suggestions of product information are created by highlighting product information on any web page, ¶ 34 [associated with product webpages], ¶ 34, and are these suggestions are recorded in a suggestion database, ¶¶ 45 and 84. the suggestion includes a link, e.g., URL, to the product/service [“webpage” information] and identification of the suggestor, ¶¶ 31 and 37 and fig 1. As such, the database is associated with affiliates/suggestors and the product webpages)
[…],
the server configured to:
receive, from a user computing device associated with a user, a request for a custom link to a webpage identifying a product; (utilizing a suggestion feature to generate a request to create a suggestion [unique link] for a webpage based upon identification of a user for a specific product webpage using highlighting of textual content within the page wherein the unique link is used within the web service as a way to generate commission by being placed online, ¶¶ 35 , 54 and 72)
extract product information displayed on the webpage, the product information identifying the product and including an image of the product; (See ¶ 37. the software can scrape information from the webpage being submitted to identify the product such as product name, product URL, image URL, etc. as well as highlighted content within the page.)
query the database for the extracted product information stored within a record of the plurality of records associated with the product webpages […], wherein the database stores i) information derived from the plurality of [vendors] […] (the highlighted or automatically captured product information can be checked [query the database] against existing suggestions, ¶ 31 and a product catalog of the affiliated vendor wherein the product catalog is interpreted as stored record data of product information, ¶ 38, e.g., using the one or more servers/databases mentioned above, ¶ 45. Herein, the product catalog is interpreted as part of the record at least in that the suggestions are associated with products therein, and the products/suggestions are affiliated with “the affiliated vendor”. Davulcu also teaches that a “product catalog” is associated with not only a single affiliated vendor, but multiple affiliated vendors [associated with the product webpages of the plurality of affiliates and information derived from the plurality of [vendors]] in teaching the online mall search functionality, See ¶¶ 4, 41 and 92. For example, searching through a product catalog is implied when a shopper searches for products. So, in an online shopping mall search, a user searches for in a list of products [catalog] of multiple vendors using the shopping mall, ¶ 41, e.g., so the shopping mall serves as an aggregated listing of products for the multiple vendors, ¶ 80)
and ii) account information associated with the user; (fig. 1 shows that the suggestion portion manages “suggestor contact information”, fig. 1 and ¶¶ 31 and 54. Contact information is considered account information because it is the specific data used to identify, authenticate, and manage that user's unique registration profile within the suggestion platform service. The Suggestor contact information could be unique email address or other information, that is stored in the suggestion database records, which can be provided during a first time user registration process, ¶¶ 31 and 54. Paragraph 54 implicitly suggests that user account information is stored by describing the capture of "User identification information" through a "registration process" including an email address or unique code. This information serves as the foundation for a unique user record within the suggestion database, used for notifying suggestors of rewards and potentially for logging on)
based on the query, determine whether a matching record is available in the database (database is search for existing suggestions [record], ¶ 31, and product catalog for existing product, ¶ 38. If a match is found in the product catalog thus carrying out the feature of determining whether a matching record is available. The product information matched at an affiliated vendor may be used to more accurately identify product information suggested by a suggester, ¶ 38)
in response to determining that the match record is unavailable, create a new database record including a dynamically created affiliate link and configured for display using a first inline frame or, (this limitation is in alternative form, and is therefore met with the mapping below)
responsive to determining that the matching record is available, cause display of the matching record […] on a display screen associated with the user computing device. (See at least ¶¶ 37-38 and 52. when a match for a highlighted or automatically captured product information is found in the product catalog, if the product information, such as the affiliate link, found in the catalog is more accurate, it will be used as the product information, ¶ 38. This includes presenting the production information for verification by the suggestor [cause display of the matching record on a display screen associated with the user computing device], see ¶ 37. The suggestor can first verify and or change the information, e.g., including the links, before completing the suggestion, ¶¶ 37 and 52. The changes to the product information includes, e.g., adding or deleting tags, ¶¶ 41, included in the links themselves, ¶ 35, to help improve the changes of shoppers identifying the desired products, ¶ 19. )
Davulcu further suggests:
that the webpages are “of a plurality of affiliates” (suggestors can have their own profile/web pages, ¶ 6, and suggestions can be based on product/service information on “any web page”, ¶ 34)
Accordingly, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the system of Davulcu to include that the webpages are “of a plurality of affiliates”, as suggested by Davulcu.
One would have been motivated to make such a combination in order to improve the versatility and usability of the system by ensuring that the system is applicable allowing suggestors to generate affiliate links based on product information on any web page, including their own web pages, Davulcu ¶¶ 6 and 34.
Davulcu does not appear to expressly teach, but Matthews teaches:
that the display of the matching record is done “using a second inline frame” (that a document can be easily split into multiple regions, for simultaneous display of the regions, and that iFrames provided an improvement to this functionality by essentially allowing a document to include one or more easily definable frames in any desired location, with each frame capable of displaying content, ¶ 14).
Accordingly, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Davulcu to include that the display of the matching record is done “using a second inline frame”, as taught by Matthews.
One would have been motivated to make such a combination in order to improve the functionality and flexibility of document display by the system by incorporating iFrames for their known benefit(s), e.g., allowing easily definable frames in any location to display multiple content, Matthews ¶ 14.
Davulcu doesn’t directly teach, but Navarro teaches:
that the database is associated with a plurality of “affiliate networks”, (a database of merchants synchronized across multiple affiliate networks, Abstract and ¶ 14)
and that the information is derived from the plurality of “affiliate networks” (the information is collected [derived] from the multiple affiliate networks, Abstract and ¶ 14)
Accordingly, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the system of Davulcu to include that the database is associated with a plurality of “affiliate networks”, and that the information is derived from the plurality of “affiliate networks”, as taught be Navarro.
One would have been motivated to make such a combination in order to improve the flexibility and scalability of the system, by allow quick and easy integration with any type and number of the currently existing “scores of affiliate networks”, Navarro ¶¶ 7 and 137-138.
In reference to dependent claim 22, Davulcu further teaches:
wherein receiving the request includes receiving the request upon a user selection when the user is visiting the webpage (See ¶ 35. utilizing a suggestion feature to generate a request to create a unique link for a webpage based upon identification of a user for a specific product webpage using highlighting of textual content within the currently viewed page.)
In reference to dependent claim 23, Davulcu further teaches:
wherein the server is further configured to format the dynamically created affiliate link to be compatible with one or more social media platforms selected by the user (See ¶ 33. implements as a suggestion portal comprising a browser allowing submission of a suggestion, website connected to the world wide web or internet, and allows for multiple suggesters to participate (i.e. social media platform) in ecommerce type activities.)
In reference to dependent claim 24, Davulcu, as modified, further teaches:
wherein the new database record includes metadata associated with the extracted product information, (See Davulcu ¶ 46 – extracted suggester tags and product information [metadata] are stored and used to match against a shopper’s tag search)
and wherein the server is further configured to transmit information associated with the user to the plurality of affiliate networks. (Navarro involves the rewriting of URLs based on the specific affiliate networks, ¶¶ 30-31. This reflects information sent back to affiliate networks because the system’s primary function is to embed affiliate IDs or tracking codes into URLs. When a user engages with these modified URLs, the request is directed through the affiliate network's tracking system, enabling the network to record the user's action and attribute it to a specific affiliate. This allow for the affiliate networks to pay the appropriate affiliates, ¶ 6)
In reference to dependent claim 25, Davulcu further teaches:
wherein one or more of the plurality of records include at least one of a product description, a product price, or a product image based on product data received from one or more external product sources (See ¶¶ 37 and 46. extracted suggester tags and product information are stored and used to match against a shopper’s tag search. The software can scrape information from the webpage being submitted to identify the product such as product name [product description], product URL, image URL [product image], etc. as well as highlighted content within the page.)
In reference to dependent claim 26, Davulcu further teaches:
wherein the request is received upon a system activator bookmark being selected at the user computing device when the user is visiting the webpage (See ¶ 36. when the suggestion button is selected, it will record the present webpage as a link for the suggestion and will associate the tags with the link and further associate information identifying the suggester.)
In reference to dependent claim 27, Davulcu further teaches:
wherein the server is further configured to transmit, to the user computing device for display thereon, an estimated commission associated with the product identified on the webpage (See ¶¶ 18, 73. earns a reward that is a pre-defined percentage of the commission generated from the Shopper’s actions and credited to the item’s related suggester.)
In reference to dependent claim 28, Davulcu further teaches:
wherein the server is further configured to prompt the user to confirm creation of the dynamically created affiliate link (See ¶¶ 37, 38, 46. web information, as it relates to product name, product URL, image URL, price, etc. may be presented to the suggester to verify first in a first display.)
In reference to claims 29-36, the claims recite a computer implemented method including limitations that recite similar limitations to those found in claims 21-28, respectively. Therefore, the claims are rejected under similar rationale.
In reference to claims 37, 38, 39, and 40, the claims recite a computer-readable medium including computer-executable instructions that carry out similar limitations to those found in claims 21, 27, 25, and 22, respectively. Therefore, the claims are rejected under similar rationale.
Response to Arguments
Applicant's prior art arguments have been fully considered but they are moot in view of the new grounds of rejection presented above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Below is a list of these references, including why they are pertinent:
Silberstein; Eric C. et al. US 20080228575 A1, is pertinent to claim 1 for disclosing a system for controlling advertising compensation involving a plurality of companies and affiliate networks, ¶ 44 and fig. 4a.
Bafia; Jack et al. US 20110131098 A1, is pertinent to claim 1 for disclosing the generating of affiliate links, by scraping and identifying information from a product catalogs, e.g., ¶¶ 24, 33 and 40.
Katzner; Alexander US 20080052193 A1, is pertinent to claim 1 for disclosing a digital mall, ¶ 8, using a product catalog for offerings from a plurality of companies, ¶ 24.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL S MERCADO whose telephone number is (408)918-7537. The examiner can normally be reached Mon-Fri 8am-5pm (Eastern Time).
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, Kieu Vu can be reached at (571) 272-4057. 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.
/Gabriel Mercado/Primary Examiner, Art Unit 2171