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 .
This office action is in response to application 18795904 filed on August 6, 2024.
Claims 1-20 are pending.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submission of the Information Disclosure Statement dated August 6, 2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609, a copy of the PTOL-1449 initialed and dated by the examiner is attached to the office action.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6-20 of U.S. Patent No. 12093331B2 (hereinafter referred to as “the reference patent 1”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims under examination are anticipated by claims 1-4 and 6-20 of the reference patent 1 (see the exemplary mapping of pending claims 1 and 2 and claim 1 of the reference patent 1 below, similar mappings can be made to pending claims 3-20 and claims 2-4 and 6-20 of the reference patent 1).
Regarding claim 1, reference patent 1 recites:
A computer-implemented method comprising (A computer-implemented method comprising)(claim 1):
determining at least one data item of a first set of data items in a displayed portion of a web page, wherein each of the data items of the first set of data items correspond to a filter of a product, and wherein the at least one data item is determined based on analyzing user scroll data with the web page (determining at least one data item of a first set of data items in a displayed portion of a web page, wherein each of the data items of the first set of data items correspond to a filter of a product, and wherein the at least one data item is determined based on analyzing user scroll data with the web page)(claim 1);
detecting one or more filters associated with the at least one data item in a user profile, wherein each of the one or more filters comprise a plurality of values associated with the at least one data item and a weight (detecting one or more filters associated with the at least one data item in a user profile, wherein each of the one or more filters comprise a plurality of values associated with the at least one data item and a weight)(claim 1);
updating, based on detecting the one or more filters and based on the user scroll data, the weight associated with the one or more filters (updating, based on detecting the one or more filters and based on the user scroll data, the weight associated with the one or more filters)(claim 1); and
causing display, based on generating a filter list associated with the product by automatically ordering the filter list based on the updated weight, of a graphical user interface using a web browser (generating a filter list associated with the product by automatically ordering the filter list based on ... the updated weight ... a graphical user interface comprising the filter list ... corresponding to the product ... causing display of the graphical user interface using a web browser)(claim 1).
Regarding claim 2, reference patent 1 recites:
The computer-implemented method of claim 1 (A computer-implemented method comprising)(claim 1), further comprises:
generating the graphical user interface comprising the filter list and a search page comprising a plurality of search results corresponding to the product, wherein the search results are determined based on the one or more filters (generating a graphical user interface comprising the filter list and a search page comprising a plurality of search results corresponding to the product, wherein the search results are determined based on the one or more filters)(claim 1).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 and 18-19 of U.S. Patent No. 11663279B2 (hereinafter referred to as “the reference patent 2”) in view of Ghose et al. (US20160239897A1).
Regarding claim 1, reference patent 2 recites:
A computer-implemented method comprising (A computer-implemented method comprising)(claim 1):
determining at least one data item of a first set of data items in a displayed portion of a web page, wherein each of the data items of the first set of data items correspond to a filter of a product … (determining at least one data item of a first set of data items in the displayed portion of the web page, wherein each of the at least one data item corresponds to a feature of a product)(claim 1;
detecting one or more filters associated with the at least one data item … wherein each of the one or more filters comprise a plurality of values associated with the at least one data item and a weight (determining at least one filter corresponding to the at least one data item, wherein the at least one filter comprises a plurality of values associated with the corresponding data item and a weight)(claim 1);
updating, based on detecting the one or more filters … the weight associated with the one or more filters (updating the weight of the at least one additional filter based on the input data)(claim 1; detected (i.e., determined) filter weights are updated); and
causing display, based on generating a filter list associated with the product by automatically ordering the filter list based on the updated weight, of a graphical user interface using a web browser (generating a filter list for a class associated with the product by automatically ordering the filter list based on the weight of each filter on the filter list … a graphical user interface comprising the filter list … displaying the graphical user interface using the web browser)(claim 1).
Reference patent 2 does not disclose the weight is updated based on analysis of received user scroll data and the filters (i.e., data fields) are stored in a user profile. However, Ghose teaches updating a weight based on an analysis of received user scroll data and storing data fields in a user profile (The received data may include information such as ... non-viewed content derived from scroll history of the online visitor) ... ‘visitor profile’ as used herein refers to a collection of data fields that are capable of receiving and storing information related to the online visitor's past and/or current activities on the website ... FIG. 6 shows an example representation 600 for illustrating prediction of online visitor's intention ... a state of the visitor profile may be selected ... the captured state may be transformed and feature vectors may be generated from the entries ... the classifiers may be configured to process the feature vectors using structured and un-structured text mining and prediction models to provide a prediction of the online visitor's intention)([0032], [0036], [0063], and [0064]).
It would have been obvious to person of ordinary skill in the art before the effective filling date of the claimed invention to have a weight updated based on an analysis of scroll data and filters that are stored in stored in a user profile, as disclosed in Ghose, within the method of claim 1 of the reference patent 2, to predict an online visitor’s intention (Such information may also be captured and utilized for prediction of the online visitor's intentions)([0038]). This would allow for improving an online visitor’s experience (The relevant information is then utilized for improving accuracy of a predicted intention of the online visitor, which is then utilized to effect an improvement in experiences of an online visitor visiting a website)([0023]).
Regarding claim 2, reference patent 2 recites:
The computer-implemented method of claim 1 (A computer-implemented method comprising)(claim 1), further comprises:
generating the graphical user interface comprising the filter list and a search page comprising a plurality of search results corresponding to the product, wherein the search results are determined based on the one or more filters (generating a graphical user interface comprising the filter list and a search page comprising a plurality of search results corresponding to ... the product, wherein the search results are determined based on the at least one filter on the filter list)(claim 1).
Regarding claims 2-7, claims 2-7 of the reference patent 2 recites all the limitations of the instant application.
Regarding claim 8, reference patent 2 recites:
An apparatus, comprising (An apparatus, comprising)(claim 8):
one or more processors (one or more processors)(claim 8); and
memory storing instructions that, when executed by the one or more processors, cause the apparatus to (memory storing instructions that, when executed by the one or more processors, cause the apparatus to)(claim 8):
obtain a web page being viewed in a web browser, wherein the web browser displays a portion of the web page (obtain a web page being viewed in a web browser, wherein the web browser displays a portion of the web page)(claim 8);
determine at least one data item of a first set of data items in the displayed portion of the web page, wherein each of the data items of the first set of data items correspond to a feature of a product … (determine at least one data item of a first set of data items in the displayed portion of the web page, wherein each of the at least one data item corresponds to a feature of a product)(claim 8);
detect one or more filters associated with the at least one data item … wherein each of the one or more filters comprise a plurality of values associated with the at least one data item and a weight (determine at least one filter corresponding to the at least one data item, wherein the at least one filter comprises a plurality of values associated with the corresponding data item and a weight)(claim 8);
cause display, based on generating a filter list associated with the product by automatically ordering the filter list based on the … weight, of a graphical user interface using a web browser (generate a filter list for a class associated with the product by automatically ordering the filter list based on the weight of each filter on the filter list ... generate a graphical user interface comprising the filter list ... display the graphical user interface using the web browser)(claim 8).
Reference patent 2 does not disclose the weight is updated based on analysis of received user scroll data and the filters (i.e., data fields) are stored in a user profile. However, Ghose teaches updating a weight based on an analysis of received user scroll data and storing data fields in a user profile (The received data may include information such as ... non-viewed content derived from scroll history of the online visitor) ... ‘visitor profile’ as used herein refers to a collection of data fields that are capable of receiving and storing information related to the online visitor's past and/or current activities on the website ... FIG. 6 shows an example representation 600 for illustrating prediction of online visitor's intention ... a state of the visitor profile may be selected ... the captured state may be transformed and feature vectors may be generated from the entries ... the classifiers may be configured to process the feature vectors using structured and un-structured text mining and prediction models to provide a prediction of the online visitor's intention)([0032], [0036], [0063], and [0064]).
It would have been obvious to person of ordinary skill in the art before the effective filling date of the claimed invention to have a weight updated based on an analysis of scroll data and filters that are stored in stored in a user profile, as disclosed in Ghose, within the apparatus of claim 8 of the reference patent 2, to predict an online visitor’s intention (Such information may also be captured and utilized for prediction of the online visitor's intentions)([0038]). This would allow for improving an online visitor’s experience (The relevant information is then utilized for improving accuracy of a predicted intention of the online visitor, which is then utilized to effect an improvement in experiences of an online visitor visiting a website)([0023]).
Regarding claims 9-14, claims 9-14 of the reference patent 2 recites all the limitations of the instant application.
Regarding claim 15, reference patent 2 recites:
A non-transitory machine-readable medium storing instructions that, when executed by one or more processors, cause the one or more processors to perform steps comprising (A non-transitory machine-readable medium storing instructions that, when executed by one or more processors, cause the one or more processors to perform steps comprising)(claim 15):
displaying a portion of a web page being in a web browser, wherein the web browser displays a portion of the web page (obtaining a web page being viewed in a web browser, wherein the web browser displays a portion of the web page)(claim 15);
determining at least one data item of a first set of data items in the displayed portion of the web page, wherein each of the data items of the first set of data items correspond to a feature of a product … (determining at least one data item of a first set of data items in the displayed portion of the web page, wherein each of the at least one data item corresponds to a feature of a product)(claim 15);
detecting one or more filters associated with the at least one data item … wherein each of the one or more filters comprise a plurality of values associated with the at least one data item and a weight (determining at least one filter corresponding to the at least one data item, wherein the at least one filter comprises a plurality of values associated with the corresponding data item and a weight)(claim 15);
displaying, based on generating a filter list associated with the product by automatically ordering the filter list based on the … weight, a graphical user interface using the web browser (generating a filter list for a class associated with the product by automatically ordering the filter list based on the weight of each filter on the filter list ... generating a graphical user interface comprising the filter list ... displaying the graphical user interface using the web browser)(claim 15).
Reference patent 2 does not disclose the weight is updated based on analysis of received user scroll data and the filters (i.e., data fields) are stored in a user profile. However, Ghose teaches updating a weight based on an analysis of received user scroll data and storing data fields in a user profile (The received data may include information such as ... non-viewed content derived from scroll history of the online visitor) ... ‘visitor profile’ as used herein refers to a collection of data fields that are capable of receiving and storing information related to the online visitor's past and/or current activities on the website ... FIG. 6 shows an example representation 600 for illustrating prediction of online visitor's intention ... a state of the visitor profile may be selected ... the captured state may be transformed and feature vectors may be generated from the entries ... the classifiers may be configured to process the feature vectors using structured and un-structured text mining and prediction models to provide a prediction of the online visitor's intention)([0032], [0036], [0063], and [0064]).
It would have been obvious to person of ordinary skill in the art before the effective filling date of the claimed invention to have a weight updated based on an analysis of scroll data and filters that are stored in stored in a user profile, as disclosed in Ghose, within the non-transitory machine-readable medium of claim 15 of the reference patent 2, to predict an online visitor’s intention (Such information may also be captured and utilized for prediction of the online visitor's intentions)([0038]). This would allow for improving an online visitor’s experience (The relevant information is then utilized for improving accuracy of a predicted intention of the online visitor, which is then utilized to effect an improvement in experiences of an online visitor visiting a website)([0023]).
Regarding claim 16, claim 16 of the reference patent 2 recites all the limitations of the instant application.
Regarding claim 17, reference patent 2 recites:
The non-transitory machine-readable medium of claim 16, wherein the instructions, when executed by the one or more processors, cause the one or more processors to update the weight of an additional filter based on the selection input data (A non-transitory machine-readable medium storing instructions that, when executed by one or more processors, cause the one or more processors to … updating the weight of the at least one additional filter based on the input data)(claim 15).
Regarding claim 18, reference patent 2 recites:
The non-transitory machine-readable medium of claim 16, wherein the instructions, when executed by the one or more processors, cause the one or more processors to perform steps comprising (A non-transitory machine-readable medium storing instructions that, when executed by one or more processors, cause the one or more processors to perform steps comprising)(claim 15):
determining display characteristics of a computing device executing the web browser (determining display characteristics of the web browser)(claim 15);
determining a filter area and a content area of the graphical user interface based on the display characteristics (determining a filter area and a content area based on the display characteristics)(claim 15);
formatting display of the filter list within the graphical user interface based on the filter area (formatting the displaying of the filter list based on the filter area)(claim 15); and
formatting display of a search page within the graphical user interface based on the content area (formatting the displaying of the search page based on the content area)(claim 15).
Regarding claims 19-20, claims 18-19 of the reference patent 2 recites all the limitations of the instant application.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider the reference fully when responding to this action. The document cited therein and enumerated below teaches a method and apparatus for adjusting a display based on user data.
US20130238612A1
US20160085813A1
US20160104228A1
US20160125498A1
US7295995B1
US10365802B2
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yongjia Pan whose telephone number is (571)270-1177. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/YONGJIA PAN/Primary Examiner, Art Unit 2118
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