DETAILED ACTION
Remarks
Claims 1 and 3-14 have been examined and rejected. This Office action is responsive to the amendment filed on 03/17/2026, which has been entered in the above identified application.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim 1 recites “when the management information acquired and accumulated meets an action condition”. It is unclear how this limitation relates to the previously recited “management information that is a set of pieces of operation information regarding the one or more operations” and “the management information”. For the purposes of examination, this limitation is interpreted as: when acquired and accumulated management information meets an action condition
Regarding claims 13 and 14, claims 13 and 14 contain substantially similar limitations to those found in claim 1. Consequently, claims 13 and 14 are rejected for the same reasons.
Regarding claims 3-12, claims 3-12 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for depending on an indefinite parent claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 3-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 13, and 14
Step 1: Claims 1, 13, and 14 recite a device, a method, and a medium; therefore, it is directed to the statutory category of a machine, a method, and a medium.
Step 2A Prong 1: The claim recites, inter alia:
performing, when the management information acquired and accumulated meets an action condition, an action corresponding to the action condition; Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process of performing an action in response to a judgement, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper.
Step 2A Prong 2: This judicial exception is not integrated into a practical application. The additional elements “A terminal device to be operated by a user, comprising: a processor coupled to a memory storing a program; and one or more storages, wherein: the program, when executed by the processor, causes the processor to perform”, “An information processing method that is performed by a processor disposed in a terminal device to be operated by a user, the information processing method comprising”, “A non-transitory recording medium having recorded thereon a program that enables a processor disposed in a terminal device to be operated by a user to perform” “a web page displayed on the terminal device”, and “one of the one or more storages” amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h). The claimed computer components are recited at a high level of generality and are merely invoked as tool to perform the abstract idea. The additional elements of “accepting one or more operations performed by the user”, "acquiring management information that is a set of pieces of operation information regarding the one or more operations, or a dynamic attribute value that is based on the set of pieces of operation information”, “accumulating the management information in association with a page identifier that identifies the web page“ amount to insignificant extra-solution activity in the form of mere data gathering and output (see MPEP § 2106.05(g)). Even when viewed in combination, these additional element do not integrate the abstract idea into a practical application and the claim is thus directed to the abstract idea.
Step 2B: The claims do not contain significantly more than the judicial exception. “A terminal device to be operated by a user, comprising: a processor coupled to a memory storing a program; and one or more storages, wherein: the program, when executed by the processor, causes the processor to perform”, “An information processing method that is performed by a processor disposed in a terminal device to be operated by a user, the information processing method comprising”, “A non-transitory recording medium having recorded thereon a program that enables a processor disposed in a terminal device to be operated by a user to perform” “on a web page displayed on the terminal device”, and “one of the one or more storages” amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements of “accepting one or more operations performed by the user”, "acquiring management information that is a set of pieces of operation information regarding the one or more operations, or a dynamic attribute value that is based on the set of pieces of operation information”, “accumulating the management information in association with a page identifier that identifies the web page” amounts to insignificant extra-solution activity in the form of mere data gathering and output (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d); “Receiving or transmitting data over a network”). Nothing in the claim provides significantly more than that abstract idea. As such, the claim is ineligible.
Claims 3-12
Step 1: Claims 3-12 recite devices; therefore, they are directed to the statutory category of a machine.
Step 2: claims 3-12 merely narrow the previously recited abstract idea limitations. For the reasons described above with respect to claim 1, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea. The claims disclose similar limitations described for the independent claims above and do not provide anything more than the mental processes that are practically capable of being performed in the human mind with the assistance of pen and paper.
Claim 3 further recites the additional elements of “wherein the executed program causes the processor to perform”. These elements amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)). The limitations “performs screen change processing to change the web page that is being output, or to output another screen” amount to insignificant extra-solution activity in the form of mere data gathering and output (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d); “Receiving or transmitting data over a network”).
Claim 4 further recites the additional elements of “wherein the executed program causes the processor to perform chat processing to start a chat with another terminal device”. These elements amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)).
Claim 5 further recites the additional elements of “wherein the executed program further causes the processor to perform” and “in the one of the one or more storages”. These elements amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)). The limitations “receiving, from outside the terminal device, the action condition” and “accumulating the action condition” amount to insignificant extra-solution activity in the form of mere data gathering and output (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d); “Receiving or transmitting data over a network”).
Claim 6 further recites the additional elements of “wherein the executed program further causes the processor to perform accessing a web server to acquire the web page” and “a page output unit”. These elements amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)). The limitations “outputting the web page in response to the access, and receiving the condition reception unit receives the action condition from the web server in response to the access” amount to insignificant extra-solution activity in the form of mere data gathering and output (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d); “Receiving or transmitting data over a network”).
Claim 7 further recites the additional elements of “wherein the action condition is a condition that is based on a change in the dynamic attribute value”. These elements amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)).
Claim 8 further recites the additional element of “accumulating only management information that meets a predetermined accumulation condition”. Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process performing an action in response to a judgement, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The additional elements of “wherein the executed program causes the processor to perform” amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)).
Claim 9 further recites the additional element of “wherein the accumulation condition is that the management information is used in the action condition”. Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process performing an action in response to a judgement, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper.
Claim 10 further recites the additional elements of “wherein the executed program further causes the processor to perform”. These elements amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)). The limitations “transmitting the management information to a server device” amount to insignificant extra-solution activity in the form of mere data gathering and output (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d); “Receiving or transmitting data over a network”).
Claim 11 further recites the additional element of “transmitting only when a predetermined transmission condition is satisfied”. Under its broadest reasonable interpretation in light of the specification, this limitation encompasses the mental process performing an action in response to a judgement, which is an evaluation or observation that is practically capable of being performed in the human mind with the assistance of pen and paper. The additional elements of “wherein the executed program causes the processor to perform” amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)). The limitations “transmitting the management information to the server device” amount to insignificant extra-solution activity in the form of mere data gathering and output (see MPEP § 2106.05(g)), and is a well-understood, routine, conventional activity (see MPEP § 2106.05(d); “Receiving or transmitting data over a network”).
Claim 12 further recites the additional elements of “wherein the executed program causes the processor to perform accumulating the management information in association with a browser that outputs the web page”. These elements amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use (see MPEP § 2106.05(h)).
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, 3, 5-9, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (US 20140372871 A1, published 12/18/2014), hereinafter Song.
Regarding claim 1, Song teaches the claim comprising:
A terminal device to be operated by a user, comprising: a processor coupled to a memory storing a program; and one or more storages, wherein: the program, when executed by the processor, causes the processor to perform: (Song Figs. 1-6; [0020], FIG. 1 is a schematic diagram illustrating an Internet system 100 for serving web pages to users. In FIG. 1, the system 100 includes user devices 102, 104 and 106 communicatively linked to a web server 101 via network 110. The user devices can be any computing device such as computer, laptop, and mobile phone, upon which a browser (not shown) is disposed; claim 16, Computer program product downloadable from a communication network and/or recorded on a medium readable by computer and/or executable by a processor, comprising program code instructions for implementing the steps of a method according to claim 12; claim 17, Non-transitory computer-readable medium comprising a computer program product recorded thereon and capable of being run by a processor, including program code instructions for implementing the steps of a method according to claim 12)
accepting one or more operations performed by the user on a web page displayed on the terminal device; acquiring management information that is a set of pieces of operation information regarding the one or more operations, or a dynamic attribute value that is based on the set of pieces of operation information; accumulating, in one of the one or more storages, the management information in association with a page identifier that identifies the web page (Song Figs. 1-6; [0020], FIG. 1 is a schematic diagram illustrating an Internet system 100 for serving web pages to users. In FIG. 1, the system 100 includes user devices 102, 104 and 106 communicatively linked to a web server 101 via network 110. The user devices can be any computing device such as computer, laptop, and mobile phone, upon which a browser (not shown) is disposed; [0021], Upon arriving at the home page, the user performs his or her typical operations. These include clicking on some major links on the site, entering text into a search box, checking a set of checkboxes, etc; [0027], The following is a list showing the user access behavior information when browsing one web page or all web pages of the web server according to an embodiment: Table 1; [0028], The list just shows the access behavior information for one web page, and the access behavior information of user 1 can be gotten for different web page. In addition, access behavior information can be saved on the web server or the user device based on different implementation. If the access behaviour information is saved on the user device, the access behaviour information can be the access history to one or more web servers; [0032], A user activity monitor 311 is responsible for the monitor of user's behavior after it is sent to the user device together with the page contents. During the browsing of the page content, the user activity monitor 311 will monitor the user's browsing behavior and deduce the user's preference. User activity monitor 311 is a package of scripts embedded in the web page. It will record the user's behavior and generate the user access behavior information. For example, when user clicks on an item, the script of the user activity monitor 311 will be run by the browser in user device. Then the user activity monitor 311 may increase the number of clicks for that item. According to the embodiment, the content construction unit 302 will attach the script of user activity monitor 311 to each item of the web page that will be monitored. In addition, the user activity monitor 311 can monitor the browsing time the user spends in each page fragment, and use it as the metric of the preference of each fragment as shown in FIG. 2; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page. A threshold may be determined for each fragment, and the threshold may be different for different fragment. If the number of visits is determined to exceed a threshold or if the user has manually registered the user's preferences to the system, the next time the user visits the site, the user obtains a version of the site that has been customized to the user's previous visits; [0036], the user access behavior information to the web page is obtained by the user activity monitor 311 according to access history of the users. Then at step 402, the access behavior information is stored in the web server or the user device; [0037], the local access behaviour information is saved in the user device as a cookie of the browser, which records the user access behavior information related to the user ID in the operation system such as windows. Therefore, the user can be identified by the user ID so as to enjoy the personalized web pages regardless of whether the user logins into different web server);
and performing, when the management information acquired and accumulated meets an action condition that is stored in one of the one or more storages, an action corresponding to the action condition (Song Figs. 1-6; [0024], Here a preferred fragment or sub-fragment of the web page is defined as the fragment or sub-fragment for which the user has accessed more times than other fragments or sub-fragments or the access number exceeds a predetermined threshold; [0028], the fragments with priority 1 are shown in the top of the web page, the fragments with priority 2 is under the priority 1, and the fragments with priority 3 is under the priority 2; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page. A threshold may be determined for each fragment, and the threshold may be different for different fragment. If the number of visits is determined to exceed a threshold or if the user has manually registered the user's preferences to the system, the next time the user visits the site, the user obtains a version of the site that has been customized to the user's previous visits; [0034], A layout adaptor 313 is responsible for adapting the layout of the page content by the user's profile data. The browser of the user device will run the layout adaptor script once the web page is loaded. The layout adaptor script defines an area in the web page to be adapted, reads the user access behavior information, and then set the position of each fragment in the area of the web page according to the user access behavior information. According to the embodiment, the layout adaptor sorts the page fragments based on the number of visits or priority that is recorded in the user access behavior information, then selects the first page fragment from the sorted list and set its position to the most conspicuous available position. The layout adaptor selects the next page fragment from the sorted list and set its position to the next most conspicuous available position. The layout adaptor continues the process until all page fragments' position is determined. The browser will display all page fragments according to the position determined by adaptor layout; [0036], the user access behavior information to the web page is obtained by the user activity monitor 311 according to access history of the users. Then at step 402, the access behavior information is stored in the web server or the user device; [0037], if the access behavior information is saved in the user device, the packaged HTML file of the web page from the web server 101 includes page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format). The web page will be adapted by the page layout adaptor in the user device with the local access behavior information; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; [0040], the adaption of page layout is implemented by client browsers so that it can reduce the amount of time required by web server to construct or generate a particular web page for a user)
Regarding claims 13 and 14, claims 13 and 14 contain substantially similar limitations to those found in claim 1. Consequently, claims 13 and 14 are rejected for the same reasons.
Regarding claim 3, Song teaches all the limitations of claim 1, further comprising:
wherein the executed program causes the processor to perform screen change processing to change the web page that is being output, or to output another screen on the web page (Song Figs. 1-6; [0028], the fragments with priority 1 are shown in the top of the web page, the fragments with priority 2 is under the priority 1, and the fragments with priority 3 is under the priority 2; [0033-0034], A layout adaptor 313 is responsible for adapting the layout of the page content by the user's profile data. The browser of the user device will run the layout adaptor script once the web page is loaded. The layout adaptor script defines an area in the web page to be adapted, reads the user access behavior information, and then set the position of each fragment in the area of the web page according to the user access behavior information. According to the embodiment, the layout adaptor sorts the page fragments based on the number of visits or priority that is recorded in the user access behavior information, then selects the first page fragment from the sorted list and set its position to the most conspicuous available position. The layout adaptor selects the next page fragment from the sorted list and set its position to the next most conspicuous available position. The layout adaptor continues the process until all page fragments' position is determined. The browser will display all page fragments according to the position determined by adaptor layout; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; [0040], the adaption of page layout is implemented by client browsers so that it can reduce the amount of time required by web server to construct or generate a particular web page for a user; see also [0024], [0036-0037])
Regarding claim 5, Song teaches all the limitations of claim 1, further comprising:
wherein the executed program further causes the processor to perform: receiving, from outside the terminal device, the action condition; and accumulating the action condition in the one of the one or more storages (Song Figs. 1-6; [0027], The following is a list showing the user access behavior information when browsing one web page or all web pages of the web server according to an embodiment: Table 1; [0031], A content construction unit 306 as shown in FIG. 3 provides construction of the HTML pages. The content construction unit 306 will retrieve the page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format), the user access behavior information from the user profile database 304, and other content such as the advertisement. Then all these contents are packaged into a HTML file. According to the embodiment, the page layout of the page content is not adapted until the user's browser runs the layout adaptor script included in the HTML file according to the access behavior information; [0032], the content construction unit 302 will attach the script of user activity monitor 311 to each item of the web page that will be monitored. In addition, the user activity monitor 311 can monitor the browsing time the user spends in each page fragment, and use it as the metric of the preference of each fragment as shown in FIG. 2; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page; [0034], A layout adaptor 313 is responsible for adapting the layout of the page content by the user's profile data. The browser of the user device will run the layout adaptor script once the web page is loaded. The layout adaptor script defines an area in the web page to be adapted, reads the user access behavior information, and then set the position of each fragment in the area of the web page according to the user access behavior information. According to the embodiment, the layout adaptor sorts the page fragments based on the number of visits or priority that is recorded in the user access behavior information, then selects the first page fragment from the sorted list and set its position to the most conspicuous available position. The layout adaptor selects the next page fragment from the sorted list and set its position to the next most conspicuous available position. The layout adaptor continues the process until all page fragments' position is determined. The browser will display all page fragments according to the position determined by adaptor layout; [0037], if the access behavior information is saved in the user device, the packaged HTML file of the web page from the web server 101 includes page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format). The web page will be adapted by the page layout adaptor in the user device with the local access behavior information; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; [0042], determine whether the layout cookies are found or not, then if the answer is yes, go to step 603, the page layout of the web page is adapted by the cookies including user profile data or access behavior information, and the web page is displayed at step 604. If the answer is no, the web page is displayed with out page layout adaption at step 604; see also [0024], [0036], [0040])
Regarding claim 6, Song teaches all the limitations of claim 5, further comprising:
wherein the executed program further causes the processor to perform: accessing a web server to acquire the web page; outputting the web page in response to the access; and receiving the action condition from the web server in response to the access (Song Figs. 1-6; [0027], The following is a list showing the user access behavior information when browsing one web page or all web pages of the web server according to an embodiment: Table 1; [0031], A content construction unit 306 as shown in FIG. 3 provides construction of the HTML pages. The content construction unit 306 will retrieve the page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format), the user access behavior information from the user profile database 304, and other content such as the advertisement. Then all these contents are packaged into a HTML file. According to the embodiment, the page layout of the page content is not adapted until the user's browser runs the layout adaptor script included in the HTML file according to the access behavior information; [0032], the content construction unit 302 will attach the script of user activity monitor 311 to each item of the web page that will be monitored. In addition, the user activity monitor 311 can monitor the browsing time the user spends in each page fragment, and use it as the metric of the preference of each fragment as shown in FIG. 2; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page; [0034], A layout adaptor 313 is responsible for adapting the layout of the page content by the user's profile data. The browser of the user device will run the layout adaptor script once the web page is loaded. The layout adaptor script defines an area in the web page to be adapted, reads the user access behavior information, and then set the position of each fragment in the area of the web page according to the user access behavior information. According to the embodiment, the layout adaptor sorts the page fragments based on the number of visits or priority that is recorded in the user access behavior information, then selects the first page fragment from the sorted list and set its position to the most conspicuous available position. The layout adaptor selects the next page fragment from the sorted list and set its position to the next most conspicuous available position. The layout adaptor continues the process until all page fragments' position is determined. The browser will display all page fragments according to the position determined by adaptor layout; [0037], if the access behavior information is saved in the user device, the packaged HTML file of the web page from the web server 101 includes page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format). The web page will be adapted by the page layout adaptor in the user device with the local access behavior information; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; [0042], determine whether the layout cookies are found or not, then if the answer is yes, go to step 603, the page layout of the web page is adapted by the cookies including user profile data or access behavior information, and the web page is displayed at step 604. If the answer is no, the web page is displayed with out page layout adaption at step 604; see also [0024], [0036], [0040])
Regarding claim 7, Song teaches all the limitations of claim 1, further comprising:
wherein the action condition is a condition that is based on a change in the dynamic attribute value (Song Figs. 1-6; [0021], Upon arriving at the home page, the user performs his or her typical operations. These include clicking on some major links on the site, entering text into a search box, checking a set of checkboxes, etc; [0024], Here a preferred fragment or sub-fragment of the web page is defined as the fragment or sub-fragment for which the user has accessed more times than other fragments or sub-fragments or the access number exceeds a predetermined threshold; [0027], The following is a list showing the user access behavior information when browsing one web page or all web pages of the web server according to an embodiment: Table 1; [0032], A user activity monitor 311 is responsible for the monitor of user's behavior after it is sent to the user device together with the page contents. During the browsing of the page content, the user activity monitor 311 will monitor the user's browsing behavior and deduce the user's preference. User activity monitor 311 is a package of scripts embedded in the web page. It will record the user's behavior and generate the user access behavior information. For example, when user clicks on an item, the script of the user activity monitor 311 will be run by the browser in user device. Then the user activity monitor 311 may increase the number of clicks for that item; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page. A threshold may be determined for each fragment, and the threshold may be different for different fragment. If the number of visits is determined to exceed a threshold or if the user has manually registered the user's preferences to the system, the next time the user visits the site, the user obtains a version of the site that has been customized to the user's previous visits; [0034], The browser will display all page fragments according to the position determined by adaptor layout; [0036-0037], if the access behavior information is saved in the user device, the packaged HTML file of the web page from the web server 101 includes page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format). The web page will be adapted by the page layout adaptor in the user device with the local access behavior information; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; see also [0040])
Regarding claim 8, Song teaches all the limitations of claim 1, further comprising:
wherein the executed program causes the processor to perform accumulating only management information that meets a predetermined accumulation condition (Song Figs. 1-6; [0021], Upon arriving at the home page, the user performs his or her typical operations. These include clicking on some major links on the site, entering text into a search box, checking a set of checkboxes, etc; [0024], Here a preferred fragment or sub-fragment of the web page is defined as the fragment or sub-fragment for which the user has accessed more times than other fragments or sub-fragments or the access number exceeds a predetermined threshold; [0027], The following is a list showing the user access behavior information when browsing one web page or all web pages of the web server according to an embodiment: Table 1; [0032], A user activity monitor 311 is responsible for the monitor of user's behavior after it is sent to the user device together with the page contents. During the browsing of the page content, the user activity monitor 311 will monitor the user's browsing behavior and deduce the user's preference. User activity monitor 311 is a package of scripts embedded in the web page. It will record the user's behavior and generate the user access behavior information. For example, when user clicks on an item, the script of the user activity monitor 311 will be run by the browser in user device. Then the user activity monitor 311 may increase the number of clicks for that item; the content construction unit 302 will attach the script of user activity monitor 311 to each item of the web page that will be monitored. In addition, the user activity monitor 311 can monitor the browsing time the user spends in each page fragment, and use it as the metric of the preference of each fragment as shown in FIG. 2; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page. A threshold may be determined for each fragment, and the threshold may be different for different fragment. If the number of visits is determined to exceed a threshold or if the user has manually registered the user's preferences to the system, the next time the user visits the site, the user obtains a version of the site that has been customized to the user's previous visits; [0034], The browser will display all page fragments according to the position determined by adaptor layout; [0036-0037], if the access behavior information is saved in the user device, the packaged HTML file of the web page from the web server 101 includes page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format). The web page will be adapted by the page layout adaptor in the user device with the local access behavior information; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; see also [0040])
Regarding claim 9, Song teaches all the limitations of claim 8, further comprising:
wherein the accumulation condition is that the management information is used in the action condition (Song Figs. 1-6; [0021], Upon arriving at the home page, the user performs his or her typical operations. These include clicking on some major links on the site, entering text into a search box, checking a set of checkboxes, etc; [0024], Here a preferred fragment or sub-fragment of the web page is defined as the fragment or sub-fragment for which the user has accessed more times than other fragments or sub-fragments or the access number exceeds a predetermined threshold; [0027], The following is a list showing the user access behavior information when browsing one web page or all web pages of the web server according to an embodiment: Table 1; [0032], A user activity monitor 311 is responsible for the monitor of user's behavior after it is sent to the user device together with the page contents. During the browsing of the page content, the user activity monitor 311 will monitor the user's browsing behavior and deduce the user's preference. User activity monitor 311 is a package of scripts embedded in the web page. It will record the user's behavior and generate the user access behavior information. For example, when user clicks on an item, the script of the user activity monitor 311 will be run by the browser in user device. Then the user activity monitor 311 may increase the number of clicks for that item; the content construction unit 302 will attach the script of user activity monitor 311 to each item of the web page that will be monitored. In addition, the user activity monitor 311 can monitor the browsing time the user spends in each page fragment, and use it as the metric of the preference of each fragment as shown in FIG. 2; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page. A threshold may be determined for each fragment, and the threshold may be different for different fragment. If the number of visits is determined to exceed a threshold or if the user has manually registered the user's preferences to the system, the next time the user visits the site, the user obtains a version of the site that has been customized to the user's previous visits; [0034], The browser will display all page fragments according to the position determined by adaptor layout; [0036-0037], if the access behavior information is saved in the user device, the packaged HTML file of the web page from the web server 101 includes page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format). The web page will be adapted by the page layout adaptor in the user device with the local access behavior information; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; see also [0040])
Regarding claim 12, Song teaches all the limitations of claim 1, further comprising:
wherein the executed program causes the processor to perform accumulating the management information in association with a browser that outputs the web page (Song Figs. 1-6; [0021], Upon arriving at the home page, the user performs his or her typical operations. These include clicking on some major links on the site, entering text into a search box, checking a set of checkboxes, etc; [0024], Here a preferred fragment or sub-fragment of the web page is defined as the fragment or sub-fragment for which the user has accessed more times than other fragments or sub-fragments or the access number exceeds a predetermined threshold; [0027], The following is a list showing the user access behavior information when browsing one web page or all web pages of the web server according to an embodiment: Table 1; [0032], A user activity monitor 311 is responsible for the monitor of user's behavior after it is sent to the user device together with the page contents. During the browsing of the page content, the user activity monitor 311 will monitor the user's browsing behavior and deduce the user's preference. User activity monitor 311 is a package of scripts embedded in the web page. It will record the user's behavior and generate the user access behavior information. For example, when user clicks on an item, the script of the user activity monitor 311 will be run by the browser in user device. Then the user activity monitor 311 may increase the number of clicks for that item; the content construction unit 302 will attach the script of user activity monitor 311 to each item of the web page that will be monitored. In addition, the user activity monitor 311 can monitor the browsing time the user spends in each page fragment, and use it as the metric of the preference of each fragment as shown in FIG. 2; [0033], the behavior information of the user is measured for days or times that the user visited each fragment of the web page. A threshold may be determined for each fragment, and the threshold may be different for different fragment. If the number of visits is determined to exceed a threshold or if the user has manually registered the user's preferences to the system, the next time the user visits the site, the user obtains a version of the site that has been customized to the user's previous visits; [0034], The browser will display all page fragments according to the position determined by adaptor layout; [0036-0037], if the access behavior information is saved in the user device, the packaged HTML file of the web page from the web server 101 includes page content (usually in HTML format) from the content database 308, the page layout adaptor script of the web page (usually in JavaScript format), the user activity monitor script (usually in JavaScript format). The web page will be adapted by the page layout adaptor in the user device with the local access behavior information; [0038-0039], At step 405, the page layout is run in the user device, and the updated web page with the adapted layout is generated based on the access behavior information. Then at step 406, the preferred fragments are shown in the conspicuous location of the updated web page, or only the preferred fragments are shown in the web page; see also [0040])
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Barak et al. (US 20140115466 A1, published 04/24/2014), hereinafter Barak.
Regarding claim 4, Song teaches all the limitations of claim 1. However, Song fails to expressly disclose wherein the executed program causes the processor to perform chat processing to start a chat with another terminal device. In the same field of endeavor, Barak teaches:
wherein the executed program causes the processor to perform chat processing to start a chat with another terminal device (Barak Figs. 1-4; [0029], The user interface 114 may be, for example, a chat window facilitating chat between the user of the user device 110 and a third party (e.g., the agent operating agent device 140). For example, if the user encounters difficulties navigating a web page displayed by the browser 112, the user can initiate a chat help session (e.g., by clicking a "click to chat" button) with an agent who is operating agent device 140. In this way, the agent may be able to help the user properly navigate the web page. The user, via the user interface 114, can chat with the agent to learn how to navigate the web page; [0032], the engagement server 130 can establish an online chat help session between the user device 110 and the agent device 140. The engagement server 130 may be configured to provide such a capability in response to a user clicking a "click to chat" button at user device 110, in response to a web page being displayed in the browser 112, or upon satisfaction of some other predetermined criteria established by code associated with browser 112, etc.).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein the executed program causes the processor to perform chat processing to start a chat with another terminal device as suggested in Barak into Song. Doing so would be desirable because with the continued growth of internet use by consumers, live online help services have become increasingly important. Website providers can incorporate online chat options into their website page(s) to offer an additional level of customer service to their users (e.g., in addition to the more traditional fillable information request forms, frequently asked questions pages, etc.) (see Barak [0003]). While online chat has become an increasingly common method used by website owners to serve users, online chat may not scale well to address each individual user's needs. For example, if the live agent cannot successfully help a website user via the chat, the chat user interface may not include sufficient functions and/or features to successfully address the user's problem (see Barak [0004]). The techniques may allow functions to be dynamically added to, and/or removed from the user interface, such that the user interface can be altered to suit an individual user and/or solve problems or address needs associated with the user's interaction with the interface (see Barak [0017]). The agent may be able to provide improved or enhanced customer service, help, recommendations to users (e.g., visitors to a website, such as user devices 110 loading web content provided by web server 120 via browser 112) or improved management of communicative connections with users (see Barak [0032]). This disclosure is intended to cover any and all functions which may expand, limit, alter, track, monitor, improve, document or otherwise affect a user experience associated with a user interface such as user interface 114 (see Barak [0044]).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Chin et al. (US 20180025089 A1, published 01/25/2018), hereinafter Chin.
Regarding claim 10, Song teaches all the limitations of claim 1. However, Song fails to expressly disclose wherein the executed program further causes the processor to perform: transmitting the management information to a server device. In the same field of endeavor, Chin teaches:
wherein the executed program further causes the processor to perform: transmitting the management information to a server device (Chin Figs. 1-7; [0012], The implementations described herein monitor's user browsing activity on a device to generate one or more profiles for the user; [0013], during a search session, a user may spend a period of time searching for and browsing websites related to programming because the user wants to learn software development. The user may enter a number of different queries and navigate to a number of different websites. The system disclosed herein monitors the user queries and website interaction to develop a user profile for a “novice software developer.” The system monitors user interactions in varying levels of navigation; [0040], All profile information may be stored locally, which gives the user privacy protection and allows results to be personalized with using bandwidth to send user information to the search engine server 404; [0042], the generated user profiles may be sent to the search engine server 404, whereby the search engine server 404 can generate personalized results. This implementation may be optional and at the direction of the user for privacy reasons. Some implementations may generate group profiles. In these implementations, a server may be dedicated to a user group such as a software development team. The dedicated server may monitor the group interactions with search engines and browsing history to generate a group profile. The dedicated server may receive and modify results as described above. In other implementations, user profiles may be shared with the cloud (e.g., search engines) such that similar user profiles may be used to provide relevant results. As such there may be different levels of sharing: personal, between groups, and worldwide)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein the executed program further causes the processor to perform: transmitting the management information to a server device as suggested in Chin into Song. Doing so would be desirable because the system improves user profiles over time to enable improved display of content (see Chin [0028]). As discussed in Song, user information may be stored across multiple databases (see Song [0035]), locally or at a server (see Song [0036], [0037-0038], [0041]). The system of Chin provides a secure way to store user information locally (see Chin [0012]) and also enables the user to determine whether information should be sent to the server in addition to the local storage, based on privacy reasons (see Chin [0042]). Storing information at the server would enable generation of group profiles for specific tasks, such as software development, and different levels of sharing to better provide relevant customizations (see Chin [0042]). The system of Chin would allow the user to receive both individual and group customizations at the user’s discretion, thereby increasing the usefulness and useability of the system.
Regarding claim 11, Song in view of Chin teaches all the limitations of claim 10. Song further teaches:
wherein the executed program causes the processor to perform transmitting the management information to the server device only when a predetermined transmission condition is satisfied (Chin Figs. 1-7; [0012], The implementations described herein monitor's user browsing activity on a device to generate one or more profiles for the user; [0013], during a search session, a user may spend a period of time searching for and browsing websites related to programming because the user wants to learn software development. The user may enter a number of different queries and navigate to a number of different websites. The system disclosed herein monitors the user queries and website interaction to develop a user profile for a “novice software developer.” The system monitors user interactions in varying levels of navigation; [0040], All profile information may be stored locally, which gives the user privacy protection and allows results to be personalized with using bandwidth to send user information to the search engine server 404; [0042], the generated user profiles may be sent to the search engine server 404, whereby the search engine server 404 can generate personalized results. This implementation may be optional and at the direction of the user for privacy reasons. Some implementations may generate group profiles. In these implementations, a server may be dedicated to a user group such as a software development team. The dedicated server may monitor the group interactions with search engines and browsing history to generate a group profile. The dedicated server may receive and modify results as described above. In other implementations, user profiles may be shared with the cloud (e.g., search engines) such that similar user profiles may be used to provide relevant results. As such there may be different levels of sharing: personal, between groups, and worldwide)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein the executed program causes the processor to perform transmitting the management information to the server device only when a predetermined transmission condition is satisfied as suggested in Chin into Song. Doing so would be desirable because the system improves user profiles over time to enable improved display of content (see Chin [0028]). As discussed in Song, user information may be stored across multiple databases (see Song [0035]), locally or at a server (see Song [0036], [0037-0038], [0041]). The system of Chin provides a secure way to store user information locally (see Chin [0012]) and also enables the user to determine whether information should be sent to the server in addition to the local storage, based on privacy reasons (see Chin [0042]). Storing information at the server would enable generation of group profiles for specific tasks, such as software development, and different levels of sharing to better provide relevant customizations (see Chin [0042]). The system of Chin would allow the user to receive both individual and group customizations at the user’s discretion, thereby increasing the usefulness and useability of the system.
Response to Arguments
The Examiner acknowledges the Applicant’s amendments to claims 1 and 3-14 and the cancellation of claim 2. The objection to the title is respectfully withdrawn. The objections to claims 6 and 13 are respectfully withdrawn. The interpretation of the claims under 35 U.S.C. 112(f) is respectfully withdrawn.
Applicant alleges that the amendments made to the claims overcome the rejection under 35 U.S.C. § 101. All the operations as recited by the claims are performed by a processor executing a program disposed in a terminal device. Examiner respectfully disagrees
As discussed in the rejection above, the claim is directed to an abstract idea that encompasses mental processes including evaluations or observations that are practically capable of being performed in the human mind with the assistance of pen and paper. The claim places no limits on how the performing an action when an action condition is met is done. That is, nothing in the claim element precludes the step from practically being performed in the mind. Regarding a processor executing a program disposed in a terminal device, these limitations were analyzed in Step 2A Prong 2 to determine whether they recited additional elements that integrate the exception into a practical application and Step 2B to determine whether they recited additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception. The other recited claim limitations were similarly analyzed above. The limitations amount to no more than generally linking the use of a judicial exception to a particular technological environment or field of use.
Thus, the broadest reasonable interpretation of the steps is that those steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04.
The Applicant further alleges that Seidl as described in the previous Office action, does not explicitly teach the limitations of claim 1. Examiner has therefore rejected independent claim 1 under 35 U.S.C § 102(a)(1) as anticipated by Song.
Similar arguments have been presented for claims 13 and 14 and thus, Applicant’s arguments are not persuasive for the same reasons.
Applicant states that the dependent claims recite all the limitations of the independent claims, and thus, are allowable in view of the remarks set forth regarding the independent claims. However, as discussed above, Song is considered to teach the independent claims, and consequently, the dependent claims are rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kwatra (US 20220171823 A1) see Figs. 1-3 and [0014], [0023], [0038].
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN T REPSHER III whose telephone number is (571)272-7487. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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, Jennifer Welch can be reached at (571) 272-7212. 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.
/JOHN T REPSHER III/ Primary Examiner, Art Unit 2143
Prosecution Insights