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 .
Response to Arguments
Applicant's amendments overcome the rejections and they are withdrawn.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/ patent/patents-forms. The 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/process/file/efs/guidance/ eTD-info-I.jsp.
Claims 21, 31 and 40 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 14 and 20 of U.S. Patent No. 12067607. Although the claims at issue are not identical, they are not patentably distinct from each other. The difference between the application claims and the patent claims lies in the fact that the patent claim includes more elements (e.g., determining a plurality of user-item pairs, each user-item pair relating the user with one of the items of the plurality of items) and is thus more specific.
Instant claims 21, 31 and 40 fully “read-on” or are anticipated by reference claims 1, 14 and 20 of U.S. Patent No.12067607. This is a non-statutory, obviousness-type Double Patenting rejection with an anticipation analysis. See MPEP 804(II)(B)(1).
Allowable Subject Matter
The claims are directed to eligible subject matter and are not obvious over the closest prior art of record. The claims, each considered as a whole and as an ordered combination, add additional elements that integrate the previously identified abstract idea into a practical application (MPEP Step 2A - Prong 2). They would be allowable upon approval of a Terminal Disclaimer to overcome the double patenting rejection above.
The prior art of record neither anticipates nor renders obvious the combination of:
determining, via a computing device, a feature vector user representation using information about a user; determining, via the computing device, a feature vector item representation using information about an item; determining, via the computing device, a distance between the feature vector item representation and the feature vector user representation in a feature space that positions feature vector item representations having no user feedback nearer to the feature vector user representation than feature vector item representations having negative user feedback; and determining, via the computing device, whether or not to select the item for inclusion in an item recommendation for the user based on the determined distance between the feature vector item representation and the feature vector user representation.
Conclusion
THIS ACTION IS MADE FINAL. 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 MILA AIRAPETIAN whose telephone number is (571)272-3202. The examiner can normally be reached Monday-Friday 8:30 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey A. Smith can be reached at (571) 272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MILA AIRAPETIAN/Primary Examiner, Art Unit 3688
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