DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Action is responsive to the Application filed on 4/22/2024. Claims 1-20 are pending in the case.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4, 8-9, 10-11, 14-16 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2, 6, 8, 10-11, 14, 15-16 of co-pending Application No. 18/653899 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 6, 8, 10-11, 14, 15-16 of co-pending Application No. 18/653899 contain elements of claims 1-4, 8-9, 10-11, 14-16 of the instant application.
This is a provisional non-statutory double patenting rejection.
Co-Pending Application 18/653899
Instant Application 18/642662
1, 10, 15 A method implemented in a communication network to provide a contextual user interface to a client, wherein the method comprises:
receiving, by a controller application implemented at a system in the communication network, from a client, a request for a page to be displayed at the client, wherein the request comprises an
identifier of the client;
determining, by the controller application, content to display in the contextual user interface based on the page indicated in the request, wherein the content includes a first plurality of cards of a first quantity;
identifying, by the controller application, a segment associated with the client, wherein the segment comprises a grouping of a plurality of different clients based on a shared characteristic between the plurality of different clients;
identifying, by the controller application, a rule for displaying at least a portion of the content at the client, wherein the rule indicates one or more conditions for the portion of content to be included in the contextual user interface;
filtering, by the controller application, the content to obtain filtered content based on the segment and the rule, wherein the filtered content includes a second plurality of cards of a second quantity, wherein the first quantity is greater than the second quantity;
determining, by the controller application, one or more dynamic attributes that are to be obtained from one or more external sources in the communication network based on metadata of the second plurality of cards; wherein the one or more dynamic attributes comprise user-specific data to be populated into the second plurality of card and are distinct from static content of the second plurality of cards;
receiving, by the controller application, the one or more dynamic attributes from the one or more external sources in a single pass; and
transmitting, by the controller application, rendering parameters to the client for the client to render the contextual user interface based on the rendering parameters, wherein the rendering parameters indicate the filtered content and the one or more dynamic attributes.
1, 10, 15. A method implemented in a communication network to provide a contextual user interface to a client, wherein the method comprises:
receiving, by a controller application implemented at a system in the communication network, from a client, a request for a page to be displayed at the client, wherein the request comprises an
identifier of the client;
determining, by the controller application, content to display in the contextual user interface based on the page indicated in the request, wherein the content comprises one or more cards;
obtaining, by the controller application, the content from a content server in the communication network based on at least one of a segment associated with the client or a rule applicable to the client, wherein the segment indicates a categorical grouping of the client, and wherein the rule indicates one or more conditions for displaying a card;
generating, by the controller application, initial parameters for presenting the content in the contextual user interface, wherein the initial parameters indicate a layout for presenting the one or more cards and one or more visual elements associated with the one or more cards;
transmitting, by the controller application, the content and the initial parameters for the contextual user interface to the client for the client to initiate rendering of the contextual user interface using the content and the initial parameters;
obtaining, by the controller application, from one or more external sources in the communication network, one or more dynamic attributes to be added to the content;
generating, by the controller application, rendering parameters for the contextual user interface based on the dynamic attributes, wherein the rendering parameters are associated with presenting the dynamic attributes in the one or more cards; and
transmitting, by the controller application, the rendering parameters and the dynamic attributes to the client for the client to complete rendering of the contextual user interface based on the rendering parameters with the dynamic attributes.
2. The method of claim 1, wherein the page is at least one of a webpage or application to be displayed at the client, and wherein determining the content to display in the contextual user interface is further based on the at least one of the webpages or the application.
2, 11,16. The method of claim 1, wherein the contextual user interface is associated with at least one of a webpage or application to be displayed at the client, and wherein determining the content to display in the contextual user interface is further based on the at least one of the webpages or the application.
11, 16. The method of claim 10, wherein the segment includes a plurality of clients categorically grouped together.
3. The method of claim 1, further comprising storing, at a data store in a server implemented in the communication network, the segment and the rule, wherein the segment includes a plurality of identifiers of a plurality of clients categorically grouped together.
6, 14. The method of claim 1, wherein filtering, by the controller application, the content to obtain the filtered content based on the rule comprises: determining, by the controller application, one or more cards to be included in the contextual user interface for the client based on a rule applicable to the one or more cards, wherein the rule comprises a condition that is to be satisfied for the one or more cards to be included in the contextual user interface; and selecting, by the controller application, the one or more cards to include in the contextual user interface when the condition is satisfied.
4. The method of claim 3, wherein the one or more conditions of the rule, when satisfied, indicates that the card is to be included in the contextual user interface.
8. The method of claim 7, wherein at least one of a size, color, or positioning of each of the second plurality of cards is based on the priority of each of the second plurality of cards.
8,14. The method of claim 1, wherein the one or more visual elements associated with the one or more cards comprise at least one of a size, shape, or color of the one or more cards.
9. The method of claim 1, wherein the parameters include a priority of the one or more cards for placement in the contextual user interface.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Vuksan et al. (US 20110264804 A1, hereinafter Vuksan) in view of Nealer et al. (US 20120311465 A1, hereinafter Nealer).
As to independent claim 1, Vuksan teaches a method implemented in a communication network to provide a contextual user interface to a client (“a method of filtering web content” abstract), wherein the method comprises:
receiving, by a controller application implemented at a system in the communication network, from a client, a request for a page to be displayed at the client, wherein the request comprises an identifier of the client (“user 45 is accessing web content using web browser 22… receiving 150 indication of the request for web content” paragraph 0049);
determining, by the controller application, content to display in the contextual user interface based on the page indicated in the request (“In response to receiving 150 the indication of the request for web content, filter process 54 may generate 152 a query for web content filtering rules based upon, at least in part, the received 150 request for web content.” Paragraph 0049), wherein the content comprises one or more cards (web content identify portions, components, features, or the like, of the requested web content, paragraph 0050, examiner notes that components may be displayed as cards);
obtaining, by the controller application, the content from a content server in the communication network based on at least one of a segment associated with the client or a rule applicable to the client, wherein the segment indicates a categorical grouping of the client (“The method may also include defining a client group. At least a portion of the web content filtering rules may be associated with the client group. Web content filtering rules may be transmitted to the client device based upon, at least in part, participation of the client device in the client group. The client group may include one or more of a defined plurality of users, and a plurality of client devices associated with a group network.” Paragraph 0007, and wherein the rule indicates one or more conditions for displaying a card (“Web content filtering rules may be transmitted 104 by filter process 10 and received 156 by one or more of filter processes 56, 58, 60 based upon, at least in part participation of the client device (e.g., devices 40, 42, 44) in the client group. The respective client devices 40, 42, 44 may participate in the client group by virtue of having been specifically identified as participating the client group, by virtue of residing on a commonly controlled and specified network, by virtue of a specified user being logged onto one of the client devices, or the like. As indicated above, the client group may include one or more of a defined plurality of users, a plurality of client devices associated with a group network, or other similar association.” Paragraph 0067).
obtaining, by the controller application, from one or more external sources in the communication network, one or more dynamic attributes to be added to the content (“the content rendering rules may allow the filtered web content (e.g., feature 204 within web page 200) may be replaced by content from a dynamic source. Examples of dynamic sources may include, for example, content from another ad server, social network site or page, a web feed, or an external database. Various additional/alternative implementations may be equally utilized.” Paragraph 0063).
Vuksan does not appear to expressly teach generating, by the controller application, initial parameters for presenting the content in the contextual user interface, wherein the initial parameters indicate a layout for presenting the one or more cards and one or more visual elements associated with the one or more cards;
transmitting, by the controller application, the content and the initial parameters for the contextual user interface to the client for the client to initiate rendering of the contextual user interface using the content and the initial parameters;
generating, by the controller application, rendering parameters for the contextual user interface based on the dynamic attributes, wherein the rendering parameters are associated with presenting the dynamic attributes in the one or more cards; and
transmitting, by the controller application, the rendering parameters and the dynamic attributes to the client for the client to complete rendering of the contextual user interface based on the rendering parameters with the dynamic attributes.
Nealer teaches transmitting, by the controller application, the content and the initial parameters for the contextual user interface to the client for the client to initiate rendering of the contextual user interface using the content and the initial parameters (“Block 712, display characteristics for the filtered web content are dynamically determined. For example, user interface module 634 determines where representations of each web story will appear, as well as relative sizes and positions of the representations to be displayed. In an example implementation, sizes, positions, and other display characteristics are determined based, at least in part, on the determined relative relevance.” Paragraph 0077);
generating, by the controller application, rendering parameters for the contextual user interface based on the dynamic attributes, wherein the rendering parameters are associated with presenting the dynamic attributes in the one or more cards (“Zeitgeist section 110 displays selectable representations of web content dynamically deemed to be contextually relevant based on a variety of real-time data that is available through the mobile device. This may include, for example, contextually relevant news stories, entertainment stories, videos available through sites like YouTube.com, and so on.” Paragraph 0020); and
transmitting, by the controller application, the rendering parameters and the dynamic attributes to the client for the client to complete rendering of the contextual user interface based on the rendering parameters with the dynamic attributes (At block 714, representations of the filtered web content are rendered for display. For example, user interface module 634 generates a user interface display 108 that includes representations of the web content that has been determined to be contextually relevant.” Paragraph 0078).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Vuksan to comprise generating, by the controller application, initial parameters for presenting the content in the contextual user interface, wherein the initial parameters indicate a layout for presenting the one or more cards and one or more visual elements associated with the one or more cards; transmitting, by the controller application, the content and the initial parameters for the contextual user interface to the client for the client to initiate rendering of the contextual user interface using the content and the initial parameters; generating, by the controller application, rendering parameters for the contextual user interface based on the dynamic attributes, wherein the rendering parameters are associated with presenting the dynamic attributes in the one or more cards; and transmitting, by the controller application, the rendering parameters and the dynamic attributes to the client for the client to complete rendering of the contextual user interface based on the rendering parameters with the dynamic attributes. One would have been motivated to make such a combination to improve user experience.
As to dependent claim 2, Vuksan teaches the method of claim 1, Vuksan further teaches wherein the contextual user interface is associated with at least one of a webpage or application to be displayed at the client, and wherein determining the content to display in the contextual user interface is further based on the at least one of the webpages or the application (“For example, web content filtering rules may relate to filtering any web content (e.g., content included within a web page or web application, portions of content within a web page or web application,” paragraph 0057).
As to dependent claim 3, Vuksan teaches the method of claim 1, Vuksan further teaches the method comprising storing, at a data store in a server implemented in the communication network, the segment and the rule, wherein the segment includes a plurality of identifiers of a plurality of clients categorically grouped together (Filter process 10 may maintain 100 data store 20, which may include a plurality of web content filtering rules and client group 116, Fig. 2,0065-0067).
As to dependent claim 4, Vuksan teaches the method of claim 3, Vuksan further teaches wherein the one or more conditions of the rule, when satisfied, indicates that the card is to be included in the contextual user interface (“Web content filtering rules may be transmitted 104 by filter process 10 and received 156 by one or more of filter processes 56, 58, 60 based upon, at least in part participation of the client device (e.g., devices 40, 42, 44) in the client group. The respective client devices 40, 42, 44 may participate in the client group by virtue of having been specifically identified as participating the client group, by virtue of residing on a commonly controlled and specified network, by virtue of a specified user being logged onto one of the client devices, or the like. As indicated above, the client group may include one or more of a defined plurality of users, a plurality of client devices associated with a group network, or other similar association.” Paragraph 0067).
As to dependent claim 5, Vuksan teaches the method of claim 1, Vuksan does not appear to expressly teach wherein the one or more cards comprise static content and the one or more dynamic attributes, and wherein the one or more cards comprise at least one of text, images, or multimedia.
Nealer teaches wherein the one or more cards comprise static content (Fig. 2, content 112) and the one or more dynamic attributes (Fig. 2, content 110), and wherein the one or more cards comprise at least one of text, images, or multimedia (“contextually relevant news stories, entertainment stories, videos available through sites like YouTube.com, and so on.” Paragraph 0020).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Vuksan to comprise wherein the one or more cards comprise static content and the one or more dynamic attributes, and wherein the one or more cards comprise at least one of text, images, or multimedia. One would have been motivated to make such a combination to improve user experience.
As to dependent claim 6, Vuksan teaches the method of claim 1, Vuksan further teaches web content identify portions, components, features, or the like, of the requested web content, paragraph 0050, examiner notes that components may be displayed as cards). However, Vuksan does not appear to expressly teach wherein the layout comprises a grid comprising boxed components, wherein each of the cards is assigned to a boxed component.
Nealer teaches wherein the layout comprises a grid comprising boxed components, wherein each of the cards is assigned to a boxed component (Fig. 2, the layout of the webpage comprises a grid comprising boxed components).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Vuksan to comprise wherein the layout comprises a grid comprising boxed components, wherein each of the cards is assigned to a boxed component. One would have been motivated to make such a combination to improve user experience.
As to dependent claim 7, Vuksan teaches the method of claim 1, Vuksan further teaches the method comprising identifying, by the controller application, the one or more dynamic attributes from placeholders, metadata, or tags included with the one or more cards (“The associated 112 category identifier may include a tag, a relational feature, or the like, associated with a given web content filtering rule, or collection of web content filtering rules.” Paragraph 0058).
As to dependent claim 8. Vuksan teaches the method of claim 1, Vuksan does not appear to expressly teach wherein the one or more visual elements associated with the one or more cards comprise at least one of a size, shape, or color of the one or more cards.
Nealer teaches wherein the one or more visual elements associated with the one or more cards comprise at least one of a size, shape, or color of the one or more cards (“Block 712, display characteristics for the filtered web content are dynamically determined. For example, user interface module 634 determines where representations of each web story will appear, as well as relative sizes and positions of the representations to be displayed. In an example implementation, sizes, positions, and other display characteristics are determined based, at least in part, on the determined relative relevance.” Paragraph 0077).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Vuksan to comprise wherein the one or more visual elements associated with the one or more cards comprise at least one of a size, shape, or color of the one or more cards. One would have been motivated to make such a combination to improve user experience.
As to dependent claim 9. Vuksan teaches the method of claim 1, Vuksan does not appear to expressly teach wherein the rendering parameters include a priority of the one or more cards for placement in the contextual user interface.
Nealer teaches wherein the rendering parameters include a priority of the one or more cards for placement in the contextual user interface (“Relative confidence in a story's relevance may be visually represented in any number of ways, including, but not limited to, the size of the representations, the shape of the representations, the color of the representations, the display location of the representations, and/or the transparency of the representations.” Paragraph 0020).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Vuksan to comprise wherein the rendering parameters include a priority of the one or more cards for placement in the contextual user interface. One would have been motivated to make such a combination to improve user experience.
As to dependent claim 20, Vuksan teaches the system of claim 15, Vuksan does not appear to expressly teach wherein the one or more dynamic attributes comprise at least one a name of a user operating the client, a location of the client, or an account number of the client.
Nealer teaches wherein the one or more dynamic attributes comprise at least one a name of a user operating the client, a location of the client, or an account number of the client (“contextually relevant web content 506 may include but is not limited to web content that is relevant based on location 508,” paragraph 0028. “user being logged onto one of the client devices,” paragraph 0067).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Vuksan to comprise wherein the one or more dynamic attributes comprise at least one a name of a user operating the client, a location of the client, or an account number of the client. One would have been motivated to make such a combination to improve user experience.
Claims 10-19 are substantially the same as claims 1-2, 5-6, and 8-9 and are therefore rejected under similar rationale as above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
DiTullio et al. US 20180314513 A1 teaches techniques to facilitate modification of content displayed in a webview embedded into a mobile application. In at least one implementation, webview modification instructions provided by an application development and optimization platform are received that indicate modified webview content associated with a uniform resource identifier (URI) accessed by the mobile application in the webview. Execution of the mobile application is monitored for an occurrence of an event that triggers loading of the URI in the webview of the mobile application. Responsive to the event, the webview modification instructions are executed to present the modified webview content in the webview of the mobile application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHELET SHIBEROU whose telephone number is (571)270-7493. The examiner can normally be reached Monday-Friday 9:00 AM-5:00 PM Eastern Time.
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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.
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/MAHELET SHIBEROU/Primary Examiner, Art Unit 2171
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