DETAILED ACTION
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 § 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.
Claim(s) 2-3, 5, 16 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yan et al. (hereinafter Yan) (CN-102622443-A).
Regarding claim 2: Yan discloses maintaining a comparison set, the comparison set comprising a plurality of comparison query sentences and a respective label for each of the plurality of query sentences (the query module which provides three kinds of query mode that ranking query, tag query and advanced search. wherein the query includes the latest information, hot topics, popular twitter, popular celebrity and popular mechanism. latest information comprises all the twitter message topic number of hot topic showing microblog message topN with the most popular topic, microblog display forwarding the most topN twitter and comment most topN microblog, displaying popular celebrity interest of most topN of celebrity, popular mechanism to display most attention topN mechanism, the recommendation to the user. tag query includes a microblog, the microblog classification label, and providing the label adding, deleting function. all the twitter message twitter source will be revealed from the twitter website, microblog classification label belonging to all microblog messages under the classification display. advanced search condition comprises time range, twitter twitter message issuing source, microblog classification label and the inquiry key word, inquiring module satisfies the result of the condition to show the content of display comprising a microblog content, blog author. twitter issuing time, the microblog sources and twitter tag and comment information to the microblog; the screening module, the user may select a microblog message of interest, collecting subject defined by adding to this kind of data, and stores it in the database, the data set displayed in the theme list, invisible to other users but the administrator, the administrator can single or batch selected microblog message, deleting the stored in the source data and the index data, the specific management module, comprising a celebrities organization name, celebrities classification and url of management, providing information to the celebrities mechanism for adding and editing operation, can the celebrity institution information for single or batch canceling, by celebrity name, celebrity mechanism classification query condition capable of finding celebrity institution information according with the condition; celebrities mechanism for configuring twitter message twitter API module to be collected in acquisition module, namely through input celebrities the organization name, designated microblog sources adds a new data, if the adding is successful, and the database does not exist in the celebrity name, collection of twitter API module module collecting the celebrity in the mechanism for issuing twitter message, then perform more row powder wire number of the name of the celebrity mechanism exists in the database. otherwise, adding failure, collecting the twitter API module in the module does not make any response., par. 30); receiving a new query sentence (the search-key optimizing module, counting the search keyword log of a period of time, analyzing the retrieval keyword characteristic, finding less recall results caused by redundancy word and sentence pattern, the configured rules, regular matching the search keyword in the search keyword included in rule of word to be omitted., par. 29); and determining a new label for the new query sentence based on (i) the new query sentence and the plurality of comparison query sentences (the query module which provides three kinds of query mode that ranking query, tag query and advanced search. wherein the query includes the latest information, hot topics, popular twitter, popular celebrity and popular mechanism. latest information comprises all the twitter message topic number of hot topic showing microblog message topN with the most popular topic, microblog display forwarding the most topN twitter and comment most topN microblog, displaying popular celebrity interest of most topN of celebrity, popular mechanism to display most attention topN mechanism, the recommendation to the user. tag query includes a microblog, the microblog classification label, and providing the label adding, deleting function. all the twitter message twitter source will be revealed from the twitter website, microblog classification label belonging to all microblog messages under the classification display. advanced search condition comprises time range, twitter twitter message issuing source, microblog classification label and the inquiry key word, inquiring module satisfies the result of the condition to show the content of display comprising a microblog content, blog author. twitter issuing time, the microblog sources and twitter tag and comment information to the microblog; the screening module, the user may select a microblog message of interest, collecting subject defined by adding to this kind of data, and stores it in the database, the data set displayed in the theme list, invisible to other users but the administrator, the administrator can single or batch selected microblog message, deleting the stored in the source data and the index data, the specific management module, comprising a celebrities organization name, celebrities classification and url of management, providing information to the celebrities mechanism for adding and editing operation, can the celebrity institution information for single or batch canceling, by celebrity name, celebrity mechanism classification query condition capable of finding celebrity institution information according with the condition; celebrities mechanism for configuring twitter message twitter API module to be collected in acquisition module, namely through input celebrities the organization name, designated microblog sources adds a new data, if the adding is successful, and the database does not exist in the celebrity name, collection of twitter API module module collecting the celebrity in the mechanism for issuing twitter message, then perform more row powder wire number of the name of the celebrity mechanism exists in the database. otherwise, adding failure, collecting the twitter API module in the module does not make any response., par. 30) and (ii) the labels of the plurality of comparison query sentences, comprising applying an attention mechanism to the new query sentence and the plurality of comparison query sentences (the query module which provides three kinds of query mode that ranking query, tag query and advanced search. wherein the query includes the latest information, hot topics, popular twitter, popular celebrity and popular mechanism. latest information comprises all the twitter message topic number of hot topic showing microblog message topN with the most popular topic, microblog display forwarding the most topN twitter and comment most topN microblog, displaying popular celebrity interest of most topN of celebrity, popular mechanism to display most attention topN mechanism, the recommendation to the user. tag query includes a microblog, the microblog classification label, and providing the label adding, deleting function. all the twitter message twitter source will be revealed from the twitter website, microblog classification label belonging to all microblog messages under the classification display. advanced search condition comprises time range, twitter twitter message issuing source, microblog classification label and the inquiry key word, inquiring module satisfies the result of the condition to show the content of display comprising a microblog content, blog author. twitter issuing time, the microblog sources and twitter tag and comment information to the microblog; the screening module, the user may select a microblog message of interest, collecting subject defined by adding to this kind of data, and stores it in the database, the data set displayed in the theme list, invisible to other users but the administrator, the administrator can single or batch selected microblog message, deleting the stored in the source data and the index data, the specific management module, comprising a celebrities organization name, celebrities classification and url of management, providing information to the celebrities mechanism for adding and editing operation, can the celebrity institution information for single or batch canceling, by celebrity name, celebrity mechanism classification query condition capable of finding celebrity institution information according with the condition; celebrities mechanism for configuring twitter message twitter API module to be collected in acquisition module, namely through input celebrities the organization name, designated microblog sources adds a new data, if the adding is successful, and the database does not exist in the celebrity name, collection of twitter API module module collecting the celebrity in the mechanism for issuing twitter message, then perform more row powder wire number of the name of the celebrity mechanism exists in the database. otherwise, adding failure, collecting the twitter API module in the module does not make any response., par. 30).
Regarding claim 3: Yan satisfies all the elements of claim 2. Yan further discloses wherein for each of the plurality of query sentences, the respective label indicates a missing word in the comparison query sentence, and wherein the new label indicates a missing word in the new query sentence (the search-key optimizing module, counting the search keyword log of a period of time, analyzing the retrieval keyword characteristic, finding less recall results caused by redundancy word and sentence pattern, the configured rules, regular matching the search keyword in the search keyword included in rule of word to be omitted., par. 29).
Regarding claim 5: Yan satisfies all the elements of claim 3. Yan further discloses wherein the new label comprises a respective label score for each label of a plurality of labels, the respective label score representing a likelihood that the label is a correct label for the new query sentence (the detailed rules of classification, basic rule is a classification scores at most, then the text belonging to this classification, a score classification through worded under the classification, word frequency, word weights, the specific formula is as follows: C = 2f=1 Ien (Wordi) * Max-Weight (Wordi), wherein n represents total number belonging to the word under the classification, word, represents belonging to each specific word under the classification. Ien (Wordi) represents a length of a word, Weight (Wordi) represents the weight of word weighting rule is: the length is more than 4 is I. 5, the length =4 is I. 25, the length =3 is 1, the length =2 is 0.5, for example, five words we are as follows: I can perhaps I I I social insurance, wherein the front three words belonging to class A, ' safe ' belongs to B, ' social ' belongs to C, then A score is 2 * 0.5 + 2 * 0.5 + 2 * 0.5 = 3, the score of the class B is 4 * 1.25 = 5, a score of C is 2 * 0.5 = 1, therefore, the text belonging to the B type with the highest score., par. 49).
Regarding claim 16: Arguments analogous to those stated in the rejection of claim 2 are applicable.
Regarding claim 21: Arguments analogous to those stated in the rejection of claim 2 are applicable. One or more non-transitory computer storage medium is inherently taught as evidenced by processing module (pars. 15-16) and various memories stored therein.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2, 4-5 and 7-21are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 5-6, 8-19 and 21 of U.S. Patent No. 12,073,304 (hereinafter ‘304). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application ‘304
Claim 2:
maintaining a comparison set, the comparison set comprising a plurality of comparison query sentences and a respective label for each of the plurality of query sentences;
receiving a new query sentence; and
determining a new label for the new query sentence based on (i) the new query sentence and the plurality of comparison query sentences and (ii) the labels of the plurality of comparison query sentences, comprising applying an attention mechanism to the new query sentence and the plurality of comparison query sentences.
Claims 1 and 21:
maintaining a comparison set, the comparison set comprising a plurality of comparison images and a respective label for each of the plurality of comparison images;
receiving a new image; and
determining a new label for the new image based on (i) the new image and the plurality of comparison images and (ii) the labels of the plurality of comparison images, comprising applying an attention mechanism to the new image and the plurality of comparison images.
Current Application ‘304
Claim 16:
maintaining a comparison set, the comparison set comprising a plurality of comparison query sentences and a respective label for each of the plurality of comparison query sentences;
receiving a new query sentence; and
determining a new label for the new query sentence based on (i) the new query sentence and the plurality of comparison query sentences and (ii) the labels of the plurality of comparison query sentences, comprising applying an attention mechanism to the new query sentence and the plurality of comparison query sentences.
Claim 15:
maintaining a comparison set, the comparison set comprising a plurality of comparison images and a respective label for each of the plurality of comparison images;
receiving a new image; and
determining a new label for the new image based on (i) the new image and the plurality of comparison images and (ii) the labels of the plurality of comparison images, comprising applying an attention mechanism to the new image and the plurality of comparison images.
Claim 4 of the current application corresponds to claim 3 of ‘304.
Claim 5 of the current application corresponds to claim 4 of ‘304.
Claim 7 of the current application corresponds to claim 6 of ‘304.
Claim 8 of the current application corresponds to claim 5 of ‘304.
Claim 9 of the current application corresponds to claim 8 of ‘304.
Claim 10 of the current application corresponds to claim 9 of ‘304.
Claim 11 of the current application corresponds to claim 10 of ‘304.
Claim 12 of the current application corresponds to claim 11 of ‘304.
Claim 13 of the current application corresponds to claim 12 of ‘304.
Claim 14 of the current application corresponds to claim 13 of ‘304.
Claim 15 of the current application corresponds to claim 14 of ‘304.
Claim 17 of the current application corresponds to claim 16 of ‘304.
Claim 18 of the current application corresponds to claim 17 of ‘304.
Claim 19 of the current application corresponds to claim 18 of ‘304.
Claim 20 of the current application corresponds to claim 19 of ‘304.
Allowable Subject Matter
Claims 4, 6-15 and 17-20 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 and provided that the Double Patenting Rejection is overcome.
Conclusion
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/CHARLOTTE M BAKER/Primary Examiner, Art Unit 2664
16 June 2026
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