DETAILED ACTION
A. This action is in response to the following communications: Request for Continued Examination filed 05/26/2026.
B. Claims 1-2 and 4-16 remains 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/26/2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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.
Claim(s) 1-2 and 4-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aganovic, Zijad F. et al. (US Pub. 2015/0095756 A1), herein referred to as “Aganovic” in view of Gonzales, Rolando L. (US Pub. 200/0161603 A1), herein referred to as “Gonzales”.
As for claim 1, Aganovic teaches. A method comprising:
receiving a selection to create a website comprising a series of directional webpages configured to cause an end user interaction with a web site;
wherein the series of directional webpages comprises a tree of webpages configured to be provided to an end user of the website (fig. 5; par. 50 a website consisting of webpages that are monitored and optimized for web traffic);
wherein the tree comprises at least two branches including possible paths to be provided to the end user during interaction with the website (fig. 5, 530 different branches of user navigation through webpages of a website);
receiving a selection to create a conditional split in the tree of webpages, wherein one of the at least two branches is to be provided to the end user upon satisfaction of a predetermined condition associated with the conditional split (fig. 5, 550 the grouping mechanism uses one or more visitor segmentation criteria to determine if a visitor belongs to any of the N predefined visitor groups symbolically illustrated);
wherein the predetermined condition is to be satisfied by the end user of the website via interaction with the website or by data associated with the end user (par. 50 to optimize their website performance for each separate group of website visitors. All optimization loops use common optimization setup and configuration data as well as test results to perform virtual optimization loops for each of the visitor groups);
generating and launching the website to include the series of directional webpages and the conditional split (fig. 5, 530 different branches of user navigation through webpages of a website; fig. 5, 550 the grouping mechanism uses one or more visitor segmentation criteria to determine if a visitor belongs to any of the N predefined visitor groups symbolically illustrated);
analyzing interactions of the end user with the website or analyzing the data associated with the end user to determine whether the predetermined condition has been satisfied by the end user (par. 51 multi-loop optimization scheme, each virtual optimization loop uses its own feedback values calculated on the basis of the website performance for that visitor group and associated referent website performance; par. 52 the multi-loop optimization problem the present invention novelty introduces two key concepts in the multi-loop website optimization environment: reference performance 606 and feedback 696; par. 53 discusses the referent performance of a website and par. 55 discusses the feedback calculated on the basis of the referent performance and the website performance);
and responsive to determining that the predetermined condition has been satisfied, providing a webpage of one of the at least two branches to the end user (par. 57 A visitor matching module 690 is used to detect a website visitor and determine which web page visitor has visited to select the appropriate optimization campaign(s) to be applied to a web page via the page treatment module.).
Note paragraph 30 below as a general overview.
[0030] In view of the aforementioned problems and deficiencies of the prior art, the present invention provides a method of automated, multi-loop real-time website optimization that at least includes: a) receiving web page matching data having information about one or more web pages that will be included in a website optimization campaign for optimizing a website; b) receiving optimization configuration data for one or more website optimization applications; c) receiving optimization criteria for the one or more website optimization applications; d) receiving definitions of a referent performance value; e) receiving instructions for capturing website visitor activity data for the one or more website optimization applications; f) initializing a real-time, adaptive website optimization algorithm adapted to optimize the overall performance of the website; g) establishing web page treatment options in accordance with the website optimization algorithm's control; h) detecting that a website visitor has visited the website; i) matching a website visitor with one or more web pages according to the web page treatment options; j) treating web pages in real-time in accordance with the website optimization algorithm's control; k) capturing website visitor activity data; l) calculating website performance for each of the web page treatments; m) calculating feedback on the basis of the referent performance and the website performance; n) providing the feedback as an input to the website optimization algorithm; and o) via the website optimization algorithm, determining web page treatment to be applied to web pages to be presented to the next website visitor detected.
Aganovic does not specifically teach an administrator account; however in the same field of endeavor Gonzales teaches receiving from an administrator account, a selection to create a website comprising a series of directional webpages configured to cause an end user interaction with a web site (par. 36 and 39 In addition to the Author, Editor and Publisher, there is a fourth role, that of an Administrator, the mention of author, editor and publisher are interchangeable with administrator throughout the disclosure; par. 48 nav is a directional tool on a web page. For example, a set of nav bars can be associated with a collection or list of names or images that are hyperlinked to other pages. Thus, nav bars guide a user through a hierarchy of linked web pages; par. 69 The Author can create a new article. A new article is a page, such as a web page, of information about a topic. The Author can edit an article that is returned to the Author by an Editor. The original Author of an article can edit, i.e., change, or delete such article); receiving, from the administrator account, at least one input defining the tree of webpages comprising a selection to create a conditional split in the tree of webpages, wherein one of the at least two branches is to be provided to the end user upon satisfaction of a predetermined condition associated with the conditional split; generating and launching the website to include the series of directional webpages and the conditional split (par. 48, 54 Home page 210 serves as a table of contents for the rest of the pages on the web site. For example, home page 210 includes a sub-section nav element (with respect to template 250, see sub-section nav element 254) that further includes nav bars 211, 212 and 213 into which a user can click to navigate to each of LOB page 220, LOB page 230 and LOB page 240, respectively).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gonzales into Aganovic because Gonzales suggests in paragraph 11, there is a need for control of the publishing process and, in particular, the enforcement of the privileges and responsibilities of the author, editor and publisher, in order to manage the content of a document. Conventional publishing tools do not appear to have adequately addressed this need.
As for claim 2, Aganovic teaches. The method of claim 1, wherein the at least two branches converge at a subsequent point in the tree to become a single branch (par. 68 Based upon the monitoring of traffic from subsequent pages from multiple visitors the system modeling module 1055 outputs feedback and uses this data to model website behavior which is used in page treatment module to instruct how to serve a webpage optimally to a group of users).
As for claim 4, Aganovic teaches. The method of claim 1, wherein the predetermined condition comprises a percentage of end users to have one of the at least two branches provided and another percentage of end users to have a second branch of the at least two branches (par. 57 A visitor matching module 690 is used to detect a website visitor and determine which web page visitor has visited to select the appropriate optimization campaign(s) to be applied to a web page via the page treatment module; based upon a grouping of a visitor traffic is directed to a specific optimization treatment of the website for the plurality of web pages).
As for claim 5, Aganovic teaches. The method of claim 1, wherein the webpage of one of the at least two branches includes one of a full screen content window, a single element of a full screen content window, or a pop-up content window (par. 56 "treatment" is used to describe all content, layout, style, or functional changes that will be made to a web page in real-time before the web page is rendered and presented to a website visitor. Par. 57 A visitor matching module 690 is used to detect a website visitor and determine which web page visitor has visited to select the appropriate optimization campaign(s) to be applied to a web page via the page treatment module; generic layout recognized in the art would include full screen and partial screen).
As for claim 6, Aganovic teaches. A method comprising:
receiving a selection to create a website comprising a series of directional webpages configured to cause an end user interaction with a web site (fig. 5; par. 50 a website consisting of webpages that are monitored and optimized for web traffic);
wherein the series of directional webpages comprises a tree of webpages configured to be provided to an end user of the web site, the tree comprising at least two branches including possible paths to be provided to the end user during interaction with the website (fig. 5, 550 the grouping mechanism uses one or more visitor segmentation criteria to determine if a visitor belongs to any of the N predefined visitor groups symbolically illustrated);
splitting traffic between the at least two branches to provide a webpage of one of the at least two branches to the end user (par. 53 The referent performance can be established by a random splitting of a percentage of traffic that will be presented non-treated pages and then use the corresponding visitor activity data and website performance in the optimization process for decision-making with the goal of achieving a maximum lift in overall performance of the website).
As for claim 7, Aganovic teaches. The method of claim 6 wherein the step of splitting traffic between the at least two branches to provide a webpage of one of the at least two branches to the end user comprises splitting traffic based upon random distribution (par. 53 the referent performance can be established by a random splitting of a percentage of traffic that will be presented non-treated pages and then use the corresponding visitor activity data and website performance in the optimization process for decision-making with the goal of achieving a maximum lift in overall performance of the website. Par. 54 Referent performance can be alternatively defined, for example, as a percentage lift against the base line, or some other dynamic values such as a real-time performance of a version of a treated web page or group of web pages. The concept of using a common referent performance point for at least one of the multiple optimization loops is a vital aspect of the present invention that is not taught or suggested by the prior art. Par. 58The real-time adaptive optimization controller 650 is configured via a campaign setup 660 which provides all campaign setup information, including variable content, instructions for web page changes, visitor activity data collection instructions, optimization goal(s), referent performance, and other information needed for running one or more optimization applications. ).
As for claim 8, Aganovic teaches. The method of claim 6 wherein the step of splitting traffic between the at least two branches to provide a webpage of one of the at least two branches to the end user comprises setting up a custom traffic ratio (par. 53 the referent performance can be established by a random splitting of a percentage of traffic that will be presented non-treated pages and then use the corresponding visitor activity data and website performance in the optimization process for decision-making with the goal of achieving a maximum lift in overall performance of the website. Par. 54 Referent performance can be alternatively defined, for example, as a percentage lift against the base line, or some other dynamic values such as a real-time performance of a version of a treated web page or group of web pages. The concept of using a common referent performance point for at least one of the multiple optimization loops is a vital aspect of the present invention that is not taught or suggested by the prior art. Par. 58 The real-time adaptive optimization controller 650 is configured via a campaign setup 660 which provides all campaign setup information, including variable content, instructions for web page changes, visitor activity data collection instructions, optimization goal(s), referent performance, and other information needed for running one or more optimization applications.).
As for claim 9, Aganovic teaches. The method of claim 8 wherein the step of setting up a custom traffic ratio comprises displaying, to the user, a slider that the user slides to set a desired ratio of traffic between two traffic paths (par. 83 a generic user interface is used to define settings for optimization of the website testing).
As for claim 10, Aganovic teaches. The method of claim 6 wherein the step of splitting traffic between the at least two branches to provide a webpage of one of the at least two branches to the end user comprises creating a conditional split in the tree of webpages wherein one of the at least two branches is to be provided to the end user upon satisfaction of a predetermined condition associated with the conditional split and wherein the predetermined condition is to be satisfied by the end user of the website via interaction with the website or by data associated with the end user (par. 53 The referent performance can be established by a random splitting of a percentage of traffic that will be presented non-treated pages and then use the corresponding visitor activity data and website performance in the optimization process for decision-making with the goal of achieving a maximum lift in overall performance of the website).
As for claim 11, Aganovic teaches. The method of claim 10 further comprising analyzing interactions of the end user with the website or analyzing the data associated with the end user to determine whether the predetermined condition has been satisfied by the end user (par. 57 A visitor matching module 690 is used to detect a website visitor and determine which web page visitor has visited to select the appropriate optimization campaign(s) to be applied to a web page via the page treatment module).
As for claim 12, Aganovic teaches. The method of claim 10, wherein the predetermined condition comprises whether an end user has made a purchase from a user's website (claim 11 states “said optimization criteria comprises conversion rate, revenue per visitor, average order value, time on site, pages visited, content downloads, or number of purchases”).
As for claim 13, Aganovic teaches. The method of claim 10, wherein the predetermined condition comprises whether an end user has interacted with a communication broadcast from a user (claim 10 states “wherein said web visitor activity data includes broad variety of data types including but not limited to visitor segmentation information, actions taken, time instances when actions were taken, pages visited, monetary values of individual visits, text or other information captured on live web pages during web page visit”).
As for claim 14, Aganovic teaches. The method of claim 10, wherein the predetermined condition comprises whether an end user has a predetermined number of followers in the end user's social media network (par. 17 Website visitor behavior is often very difficult to predict--even when demographic and past behavior information about the particular visitors is available. Owing to characteristics and traits such as social status).
As for claim 15, Aganovic teaches. A method comprising:
displaying, at a client device, a webpage of a series of directional webpages configured to cause an end user interaction within a website, the series of directional webpages comprising a tree of webpages comprising at least two branches including possible paths to be provided to the end user during interaction with the website (fig. 5; par. 50 a website consisting of webpages that are monitored and optimized for web traffic; par. 57 applying a treatment for web pages based upon grouping of visitors of incoming traffic; see claim 1 analysis above);
detecting an end user interaction with the webpage of the series of directional webpages (par. 52 the multi-loop optimization problem the present invention novelty introduces two key concepts in the multi-loop website optimization environment: reference performance 606 and feedback 696; par. 53 The referent performance 606 of website is a referent value or a set of time varying values against which website performance is measured and optimized. The referent performance can be defined in multiple ways; par. 54 Referent performance can be alternatively defined, for example, as a percentage lift against the base line, or some other dynamic values such as a real-time performance of a version of a treated web page or group of web pages);
providing data regarding the detected end user interaction to a website operation system (par. 53-55 referent performance and feedback collected from end user interaction with web pages); receiving, for display on the client device, instructions to display a second webpage of the series of directional webpages responsive to the end user interaction, the second webpage being from a branch of the at least two branches of the tree selected based at least partially on the detected user interaction (par.52-55 website navigation used in collection of referent performance and feedback; fig. 5); and
displaying the second webpage of the series of directional webpages (par. 55 The Feedback 696 represents a value calculated on the basis of the referent performance and the website performance 680. The feedback 680 is used as an input to a real-time, adaptive optimization controller 650 to execute the optimization algorithm or algorithms and to determine which treatment data 640 will be used by a page treatment module 630 and applied to web pages 620 when website visitors 620 are detected).
Aganovic does not specifically teach an administrator account; however in the same field of endeavor Gonzales teaches receiving from an administrator account, a selection to create a website comprising a series of directional webpages configured to cause an end user interaction with a web site (par. 36 and 39 In addition to the Author, Editor and Publisher, there is a fourth role, that of an Administrator, the mention of author, editor and publisher are interchangeable with administrator throughout the disclosure; par. 48 nav is a directional tool on a web page. For example, a set of nav bars can be associated with a collection or list of names or images that are hyperlinked to other pages. Thus, nav bars guide a user through a hierarchy of linked web pages; par. 69 The Author can create a new article. A new article is a page, such as a web page, of information about a topic. The Author can edit an article that is returned to the Author by an Editor. The original Author of an article can edit, i.e., change, or delete such article); receiving, from the administrator account, at least one input defining the tree of webpages comprising a selection to create a conditional split in the tree of webpages, wherein one of the at least two branches is to be provided to the end user upon satisfaction of a predetermined condition associated with the conditional split; generating and launching the website to include the series of directional webpages and the conditional split (par. 48, 54 Home page 210 serves as a table of contents for the rest of the pages on the web site. For example, home page 210 includes a sub-section nav element (with respect to template 250, see sub-section nav element 254) that further includes nav bars 211, 212 and 213 into which a user can click to navigate to each of LOB page 220, LOB page 230 and LOB page 240, respectively).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gonzales into Aganovic because Gonzales suggests in paragraph 11, there is a need for control of the publishing process and, in particular, the enforcement of the privileges and responsibilities of the author, editor and publisher, in order to manage the content of a document. Conventional publishing tools do not appear to have adequately addressed this need.
As for claim 16, Aganovic teaches. The method of claim 15, wherein the webpage of the series of directional webpages and the second webpage of the series of directional webpages comprise a full screen content window, a partial screen content window, or a pop-up content window (par. 56 "treatment" is used to describe all content, layout, style, or functional changes that will be made to a web page in real-time before the web page is rendered and presented to a website visitor. Par. 57 A visitor matching module 690 is used to detect a website visitor and determine which web page visitor has visited to select the appropriate optimization campaign(s) to be applied to a web page via the page treatment module; generic layout recognized in the art would include full screen and partial screen).
(Note:) It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 4-16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inquires
Any inquiry concerning this communication should be directed to NICHOLAS AUGUSTINE at telephone number (571)270-1056.
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.
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/NICHOLAS AUGUSTINE/Primary Examiner, Art Unit 2178 June 17, 2026
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