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 .
Detailed Action
Claims 1-20 are presenting for examination.
Non-statutory double patenting rejection
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, 7-11, and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 6, 10-11, 14, 16, and 20 of U.S. Patent No. 12,045,741. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 4, 6, 10-11, 14, 16, and 20 of patent 741 anticipates claims 1, 7-11, and 17-20 as been shown in the table below.
18/669,266
12,045,741
(Original) | A network computer system comprising: one or more processors; a memory to store a set of instructions; wherein the one or more processors access the set of instructions to perform operations that comprise: detecting, from monitoring a website in a given time interval, each of multiple users performing a corresponding initiating event to access the website; for each of the multiple users, (i) recording, in connection with the initiating event, one or more events in sequence, the one or more events reflecting a series of activities of the user; and (ii) based at least in part on the recorded sequence of events, making a determination as to whether the user is likely to be influenced into performing a desired action through intervention; for at least a first user of the multiple users for whom the determination is that the user is not likely to be influenced by intervention, performing no intervention; and for at least a second user of the multiple users for whom the determination is that the user is likely to be influenced by intervention, triggering performance of an intervention.
10. (Original) ©The network computer system of claim 1, wherein the user is unknown.
1. A network computer system comprising: one or more processors; a memory to store a set of instructions; wherein the one or more processors access the set of instructions to: detect, from monitoring a website in a given time interval, multiple users of an unknown classification that each perform an initiating event to access the website; for each of the multiple users, record one or more events that follow the initiating event in sequence, the recorded sequence of events reflecting a series of activities the user performed to access the website; based at least in part on the recorded sequence of events, make a determination as to whether the user is (i) firm in their intent, such that an outcome of the user's activities with respect to the website is not likely to be influenced through intervention, or (ii) likely to be influenced into a-performing a desired action through intervention; for at least one of the multiple users for whom the determination is that the user is likely to be influenced, select a particular intervention that is more likely to cause the user to perform the desired action; and trigger the particular intervention to the selected user.
7. (Original) The network computer system of claim 1, wherein for each of the multiple users, the recorded event includes an initial request to access a web resource of the website in an initial visit.
4. The network computer system of claim 2, wherein for each of the multiple users, a recorded event of the recorded sequence of events includes at least one of (i) a device type for an end user device, (ii) a browser of the end user device, and/or (iii) information provided with an initial request to access a web resource of the website in an initial visit.
8. (Original) |The network computer system of claim 1, wherein for each of the multiple users, making the determination includes implementing a predictive model to make the determination for the user.
6. The network computer system of claim 1, wherein the one or more processors implement a predictive model to make the determination for each of the multiple users.
9. (Original) The network computer system of claim 1, wherein the desired action corresponds to a conversion action.
10. The network computer system of claim 1, wherein the desired action corresponds to a conversion action.
11. (Original) A non-transitory computer-readable medium that stores instructions, which when executed by one or more processors of a network computer system, cause the network computer system to perform operations that include:
detecting, from monitoring a website in a given time interval, each of multiple users performing a corresponding initiating event to access the website;
for each of the multiple users, (i) recording, in connection with the initiating event, one or more events in sequence, the one or more events reflecting a series of activities of the user; and (ii) based at least in part on the recorded sequence of events, making a determination as to whether the user is likely to be influenced into performing a desired action through intervention;
for at least a first user of the multiple users for whom the determination is that the user is not likely to be influenced by intervention, performing no intervention; and
for at least a second user of the multiple users for whom the determination is that the user is likely to be influenced by intervention, triggering performance of an intervention.
19. (Original) ©The non-transitory computer-readable medium of claim 11, wherein the user is unknown.
11. A non-transitory computer-readable medium that stores instructions, which when executed by one or more processors of a network computer system, cause the network computer system to perform operations that include: detecting, from monitoring a website in a given time interval, multiple users of an unknown classification that each perform an initiating event to access the website; for each of the multiple users, recording one or more events that follow the initiating event in sequence, the recorded sequence of events reflecting a series of activities the user performed to access the website; based at least in part on the recorded sequence of events, making a determination as to whether the user is (i) firm in their intent, such that an outcome of the user's activities with respect to the website is not likely to be influenced through intervention, or (ii) likely to be influenced into performing a desired action through intervention; for at least one of the multiple users for whom the determination is that the user is likely to be influenced, selecting a particular intervention that is more likely to cause the user to perform the desired action; and triggering the particular intervention to the selected user.
17. The non-transitory computer-readable medium of claim 11, wherein for each of the multiple users, the recorded event includes an initial request to access a web resource of the website in an initial visit.
14. The non-transitory computer readable medium of claim 12, wherein for each of the multiple users, a recorded event of the recorded sequence of events includes at least one of (i) a device type for an end user device, (ii) a browser of the end user device, and/or (iii) information provided with an initial request to access a web resource of the website in an initial visit.
18. (Original) ©The non-transitory computer-readable medium of claim 11, wherein for each of the multiple users, making the determination includes implementing a predictive model to make the determination for the user.
16. The non-transitory computer readable medium of claim 11, wherein the instructions include instructions, which when executed by the one or more processors, cause the network computer system to perform operations that include implementing a predictive model to make the determination for each of the multiple users.
20. (Original) A computer-implemented method comprising:
detecting, from monitoring a website in a given time interval, each of multiple users performing a corresponding initiating event to access the website;
for each of the multiple users, (i) recording, in connection with the initiating event, one or more events in sequence, the one or more events reflecting a series of activities of the user; and (ii) based at least in part on the recorded sequence of events, making a determination as to whether the user is likely to be influenced into performing a desired action through intervention;
for at least a first user of the multiple users for whom the determination is that the user is not likely to be influenced by intervention, performing no intervention; and
for at least a second user of the multiple users for whom the determination is that the user is likely to be influenced by intervention, triggering performance of an intervention
20. A method for operating a network computer system, the method being implemented by one or more processors and comprising: detecting, from monitoring a website in a given time interval, multiple users of an unknown classification that each perform an initiating event to access the website; for each of the multiple users, recording one or more events that follow the initiating event in sequence, the recorded sequence of events reflecting a series of activities the user performed to access the website; based at least in part on the recorded sequence of events, making a determination as to whether the user is (i) firm in their intent, such that an outcome of the user's activities with respect to the website is not likely to be influenced through intervention, or (ii) likely to be influenced into performing a desired action through intervention; for at least one of the multiple users for whom the determination is that the user is likely to be influenced, selecting a particular intervention that is more likely to cause the user to perform the desired action; and triggering the particular intervention to the selected user.
Claims 2-6 & 12-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record doesn’t teach triggering performance of an intervention includes selecting a particular intervention for the second user, based on the set of attributes recorded for the second user [claims 2 & 12].
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
07/31/2025