DETAILED ACTION
Claims 1-14 are examined and pending. Claims 15-34 have been withdrawn in the election.
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 .
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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).
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Claims 1-14 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,107,938. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the Patent 12,107,938 with obvious wording variations. A comparison of the claims are shown below:
Pending Application 18/822920
Patent 12,107,938
1. A computing device for tracking a user across multiple website domains over a computerized network, the computing device comprising: one or more hardware computer processors; and one or more storage devices configured to store software instructions executable by the one or more hardware computer processors to cause the computing device to: send a first first-party user identifier of the user of the computing device to a collector in response to accessing a first website; generate a first user prompt in response to the accessing the first website; receive a first input in response to the first user prompt; redirect the computing device to a centralized domain; receive an indication that the user is associated with both the first first-party user identifier and a second first-party user identifier associated with the user of the computing device and the centralized domain from the collector; and display a webpage of the centralized domain or a landing page in response to the indication.
8. A method for tracking a user across multiple website domains over a computerized network implemented by one or more hardware computer processors of a computing device, the method comprising: sending a first first-party user identifier of the user of the computing device to a collector in response to accessing a first website; generating a first user prompt in response to the accessing the first website; receiving a first input in response to the first user prompt; redirecting the computing device to a centralized domain; receiving an indication that the user is associated with both the first first-party user identifier and a second first-party user identifier associated with the user of the computing device and the centralized domain from the collector; and displaying a webpage of the centralized domain or a landing page in response to the correlation.
1. A computing system for tracking a user across multiple website domains over a computerized network, the system comprising: one or more hardware computer processors; and one or more storage devices configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to: send a first first-party user identifier of the user of a computing device to a collector in response to a user accessing a first website; generate a first user prompt in response to the user of the computing device accessing the first website; receive a first input from the user of the computing device in response to the first user prompt; redirect the user of the computing device to a centralized domain; send a second first-party user identifier associated with the user of the computing device and the centralized domain to the collector; correlate the first first-party user identifier with the second first-party user identifier to determine that the user of the computing device is associated with both the first first-party user identifier and the second first-party user identifier; and display a webpage of the centralized domain or a landing page in response to the correlation.
8. A method for tracking a user across multiple website domains over a computerized network, the method comprising: sending a first first-party user identifier to a collector in response to the user of a computing device accessing a first website; generating a first user prompt in response to the user of the computing device accessing the first website; receiving a first input from the user of the computing device in response to the first user prompt; redirecting the user of the computing device to a centralized domain; sending a second first-party user identifier associated with the user of the computing device and the centralized domain to the collector; correlating the first first-party user identifier with the second first-party user identifier to determine that the user of the computing device is associated with both the first first-party user identifier and the second first-party user identifier; and displaying a webpage of the centralized domain or a landing page in response to the correlation.
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2. The computing device of claim 1, wherein the first first-party user identifier comprises at least one of: information about a web browser used by the user; a user identity for the user associated with the first website; an IP address of a computerized device used by the user; a user-agent of the web browser of the user; a webpage visited by the user; a query parameter in a URL visited by the user; a domain visited by the user; or a code that is unique to at least one of the user and a current web browsing session of the user.
9. The method of claim 8, wherein the first first-party user identifier comprises at least one of: information about a web browser used by the user; a user identity for the user associated with the first website; an IP address of the user; a user-agent of the web browser of the user; a webpage visited by the user; a query parameter in a URL visited by the user; a domain visited by the user; or a code that is unique to at least one of the user and a current web browsing session of the user.
2. The computing system of claim 1, wherein the first first-party user identifier comprises at least one of: information about a web browser used by the user; a user identity for the user associated with the first website; an IP address of a computerized device used by the user; a user-agent of the web browser of the user; a webpage visited by the user; a query parameter in a URL visited by the user; a domain visited by the user; and a code that is unique to at least one of the user and a current web browsing session of the user.
9. The method of claim 8, wherein the first first-party user identifier comprises at least one of: information about a web browser used by the user; a user identity for the user associated with the first website; an IP address of the user; a user-agent of the web browser of the user; a webpage visited by the user; a query parameter in a URL visited by the user; a domain visited by the user; and a code that is unique to at least one of the user and a current web browsing session of the user.
3. The computing device of claim 1, wherein the first user prompt comprises at least one of: an authentication link that prompts the user to log into a user account on the first website; a request for the user to accept one or more cookies; a pop-up modal, tab, or window that prompts the user to join a newsletter or mailing list; a pop-up modal, tab, or window that prompts the user to join a community on the first website; a link that prompts the user to complete a common action on the first website; or a pop-up modal, tab, or window that offers the user a promotional offer or other discount code in response to the user providing the first input.
10. (Original) The method of claim 8, wherein the first user prompt comprises at least one of: an authentication link that prompts the user to log into a user account on the first website; a request for the user to accept one or more cookies; a pop-up modal, tab, or window that prompts the user to join a newsletter or mailing list; a pop-up modal, tab, or window that prompts the user to join a community on the first website; a link that prompts the user to complete a common action on the first; or a pop-up modal, tab, or window that offers the user a promotional offer or other discount code in response to the user providing the first input.
3. The computing system of claim 1, wherein the user prompt comprises at least one of: an authentication link that prompts the user to log into a user account on the first website; a request for the user to accept one or more cookies; a pop-up modal, tab, or window that prompts the user to join a newsletter or mailing list; a pop-up modal, tab, or window that prompts the user to join a community on the first website; a link that prompts the user to complete a common action on the first website; and a pop-up modal, tab, or window that offers the user a promotional offer or other discount code in response to the user providing the first input.
10. The method of claim 8, wherein the user prompt comprises at least one of: an authentication link that prompts the user to log into a user account on the first website; a request for the user to accept one or more cookies; a pop-up modal, tab, or window that prompts the user to join a newsletter or mailing list; a pop-up modal, tab, or window that prompts the user to join a community on the first website; a link that prompts the user to complete a common action on the first; and a pop-up modal, tab, or window that offers the user a promotional offer or other discount code in response to the user providing the first input.
4. The computing system of claim 1, wherein the first user input comprises at least one of: an affirmative input or action by the user to accept one or more cookies; an affirmative input or action by the user to join a newsletter or a mailing list; an affirmative input or action by the user to join a community; an affirmative input or action by the user to begin a prompted process; an email address of the user; a click of “yes” in response to the first user prompt; and a closing of the pop-up window of the first user prompt.
11. The method of claim 8, wherein the first user input comprises at least one of: an affirmative input or action by the user to accept one or more cookies; an affirmative input or action by the user to join a newsletter or a mailing list; an affirmative input or action by the user to join a community; an affirmative input or action by the user to begin a prompted process; an email address of the user; a click of “yes” in response to the first user prompt; and a closing of the pop-up window of the first user prompt.
4. The computing device of claim 1, wherein the first input comprises at least one of: an affirmative input or action by the user to accept one or more cookies; an affirmative input or action by the user to join a newsletter or a mailing list; an affirmative input or action by the user to join a community; an affirmative input or action by the user to begin a prompted process; an email address of the user;a click of "yes" in response to the first user prompt; or a closing of the pop-up window of the first user prompt.
11. The method of claim 8, wherein the first input comprises at least one of: an affirmative input or action by the user to accept one or more cookies; an affirmative input or action by the user to join a newsletter or a mailing list; an affirmative input or action by the user to join a community; an affirmative input or action by the user to begin a prompted process an email address of the user; a click of "yes" in response to the first user prompt; or a closing of the pop-up window of the first user prompt.
5. The computing system of claim 4, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to: generate a second user prompt after the user is redirected to the centralized domain; and receive a second input from the user in response to the second user prompt.
12. The method of claim 11, further comprising: generating a second user prompt after the computing device is redirected to the centralized domain; and receiving a second input in response to the second user prompt.
5. The computing system of claim 4, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to: generate a second user prompt after the user is redirected to the centralized domain; and receive a second input from the user in response to the second user prompt.
12. The method of claim 11, further comprising: generating a second user prompt after the user is redirected to the centralized domain; and receiving a second input from the user in response to the second user prompt.
6. The computing device of claim 4, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing device to redirect the computing device back to the first website.
13. The method of claim 11, further comprising redirecting the computing device back to the first website.
6. The computing system of claim 4, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to redirect the user back to the first website.
13. The method of claim 11, further comprising redirecting the user back to the first website.
7. The computing device of claim 1, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing device to display a different user prompt in response to a next visit to the first website in response to the first input or prior abandonment of the first user prompt.
14. The method of claim 11, further comprising displaying a different user prompt in response to a next visit to the first website in response to the first input or prior abandonment of the first user prompt.
7. The computing system of claim 1, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to display a different user prompt when the user next visits the first website in response to the first user input or the prior abandonment of the first user prompt by the user.
14. The method of claim 11, further comprising displaying a different user prompt when the user next visits the first website in response to the first user input or the prior abandonment of the first user prompt by the user.
Claim Rejections - 35 USC § 103
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 1-6, 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Doughty et al. (U.S. 2014/0244401 A1, hereinafter “Doughty”) in view of Cooper (U.S. 2014/0006158 A1, hereinafter “Cooper”).
As to claims 1 and 8, Doughty discloses a computing device for tracking a user across multiple website domains over a computerized network, the computer device comprising: one or more hardware computer processors; and one or more storage devices configured to store software instructions executable by the one or more hardware computer processors to cause the computing device (para.[0034]; Figure 1, server 104) to:
send a first first-party user identifier of the user of the computing device to a collector in response to accessing a first website (para. [0042]-[0043]; discloses the server receiving the first user profile associated with the first device) ;
redirect the computing device to a centralized domain (para.[0040]; discloses server redirecting to the sponsor database the first user profile);
receive an indication (advertisement) that the user is associated with both the first first-party user identifier and a second first-party user identifier associated with the user of the computing device and the centralized domain from the collector (para. [0034]; discloses once server 104 makes sure first device 101 and second device 102 are both used by the same user, sever 104 informs sponsor database 108 through communication signal 107 and asks sponsor database 108 to transmit an advertisement to second device 102 through communication signal 109. );
display a webpage of the centralized domain or a landing page in response to the correlation (para. [0054]; discloses displaying to the user a sponsored content based on the sponsor database and profiles of the user).
However, Doughty does not disclose explicitly generating a first user prompt in response to the accessing the first website; receive a first input from the user in response to the first user prompt.
In an analogous art, Cooper discloses a device to
generate a first user prompt in response to the accessing the first website (Figure 6 and para. [0147]; discloses users arriving at the subscription network and website, receive an opt-in interface );
receive a first input from the user in response to the first user prompt (para. [00149]; discloses “ Upon clicking on this button and submission of a completed form, Jane 6060 would be "opted-in" to the Anytown Network. “);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Doughty by incorporating a user interface to opt-in to tracking of user activity as taught by Cooper in order to allow user to have the ability the manage their own privacy settings relating to their personal data.
As to claim 2, Doughty-Cooper discloses the computing device of claim 1, wherein the first first-party user identifier comprises at least one of: information about a web browser used by the user; a user identity for the user associated with the first website (para. [0044]; discloses the user having a profile that is connected to mobile login information and application login information); an IP address of a computerized device used by the user; a user-agent of the web browser of the user; a webpage visited by the user; a query parameter in a URL visited by the user; a domain visited by the user; and a code that is unique to at least one of the user and a current web browsing session of the user.
As to claim 3, Doughty-Cooper discloses the computing device of claim 1, wherein the first user prompt comprises at least one of: an authentication link that prompts the user to log into a user account on the first website; a request for the user to accept one or more cookies; a pop-up modal, tab, or window that prompts the user to join a newsletter or mailing list; a pop-up modal, tab, or window that prompts the user to join a community on the first website (Cooper, Figure 6); a link that prompts the user to complete a common action on the first website; and a pop-up modal, tab, or window that offers the user a promotional offer or other discount code in response to the user providing the first input.
As to claim 4, Doughty-Cooper discloses the computing device of claim 1, wherein the first user input comprises at least one of: an affirmative input or action by the user to accept one or more cookies; an affirmative input or action by the user to join a newsletter or a mailing list; an affirmative input or action by the user to join a community (Cooper, para. [00149]; discloses “ Upon clicking on this button and submission of a completed form, Jane 6060 would be "opted-in" to the Anytown Network. “); an affirmative input or action by the user to begin a prompted process; an email address of the user; a click of "yes" in response to the first user prompt; and a closing of the pop-up window of the first user prompt.
As to claim 5, Doughty-Cooper discloses the computing device of claim 4, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to: generate a second user prompt after the user is redirected to the centralized domain; and receive a second input from the user in response to the second user prompt (Cooper, para. [0160]; discloses “ processes and/or content and/or advertising being triggered and/or generated and/or delivered to aforementioned User 1020, Jane Smith 9060, across a variety of content delivery channels and/or devices and/or methods, for example email” and provides request to search for a local business).
As to claim 6, Doughty-Cooper discloses the computing device of claim 4, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to redirect the user back to the first website (Cooper, para. [0152]; discloses “The App in the example interface 7000 could be provided by the Anytown Network SN 1240 as a mobile and/or tablet app, a desktop computer software application, a website, a mobile website and/or other devices and/or applications. In the example screen, the greeting and top-right 7020 section indicate that Jane is authenticated and/or "logged-in" to the App”).
As to claim 7, Doughty-Cooper discloses the computing device of claim 1, wherein the one or more storage devices are further configured to store software instructions executable by the one or more hardware computer processors to cause the computing system to display a different user prompt when the user next visits the first website in response to the first user input (Cooper, para.[0168]; discloses the user being able to access internet search to search the Anytown network instead of an opt in interface) or the prior abandonment of the first user prompt by the user .
As to claim 9, Doughty-Cooper discloses the method of claim 8, wherein the first first-party user identifier comprises at least one of: information about a web browser used by the user; a user identity for the user associated with the first website (Doughty, para. [0044]; discloses the user having a profile that is connected to mobile login information and application login information);; an IP address of the user; a user-agent of the web browser of the user; a webpage visited by the user; a query parameter in a URL visited by the user; a domain visited by the user; and a code that is unique to at least one of the user and a current web browsing session of the user.
As to claim 10, Doughty-Cooper discloses the method of claim 8, wherein the user prompt comprises at least one of: an authentication link that prompts the user to log into a user account on the first website; a request for the user to accept one or more cookies; a pop-up modal, tab, or window that prompts the user to join a newsletter or mailing list; a pop-up modal, tab, or window that prompts the user to join a community on the first website (Cooper, Figure 6); a link that prompts the user to complete a common action on the first; and a pop-up modal, tab, or window that offers the user a promotional offer or other discount code in response to the user providing the first input.
As to claim 11, Doughty-Cooper discloses the method of claim 8, wherein the first user input comprises at least one of: an affirmative input or action by the user to accept one or more cookies; an affirmative input or action by the user to join a newsletter or a mailing list; an affirmative input or action by the user to join a community (Cooper, para. [00149]; discloses “ Upon clicking on this button and submission of a completed form, Jane 6060 would be "opted-in" to the Anytown Network. “); an affirmative input or action by the user to begin a prompted process an email address of the user; a click of "yes" in response to the first user prompt; and a closing of the pop-up window of the first user prompt.
As to claim 12, Doughty-Cooper discloses the method of claim 11, further comprising: generating a second user prompt after the user is redirected to the centralized domain; and receiving a second input from the user in response to the second user prompt (Cooper, para. [0160]; discloses “ processes and/or content and/or advertising being triggered and/or generated and/or delivered to aforementioned User 1020, Jane Smith 9060, across a variety of content delivery channels and/or devices and/or methods, for example email” and provides request to search for a local business).
As to claim 13, Doughty-Cooper discloses the method of claim 11, further comprising redirecting the user back to the first website (Cooper, para. [0152]; discloses “The App in the example interface 7000 could be provided by the Anytown Network SN 1240 as a mobile and/or tablet app, a desktop computer software application, a website, a mobile website and/or other devices and/or applications. In the example screen, the greeting and top-right 7020 section indicate that Jane is authenticated and/or "logged-in" to the App”).
As to claim 14, Doughty-Cooper discloses the method of claim 11, further comprising displaying a different user prompt when the user next visits the first website in response to the first user input (Cooper, para.[0168]; discloses the user being able to access internet search engine to search the Anytown network instead of an opt in interface) or the prior abandonment of the first user prompt by the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Falkenburg et al. (U.S. 10,567,529 B2) discloses displaying a user interface with two or more sets of tracking-data configuration options associated with a plurality of websites, the sets including: a first tracking-data configuration option that, when selected, causes the device to block all of the plurality of websites from storing tracking data; and a second tracking-data configuration option that, when selected, causes the computing device to limit receipt by all of the plurality of websites of information associated with device. While displaying the user interface, the method includes: receiving a selection of the first tracking-data configuration option; and, in response, causing the computing device to block all of the plurality of websites from storing tracking data of at least the first type on the computing device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE CHACKO whose telephone number is (571)270-3318. The examiner can normally be reached Monday-Friday 7am-5pm.
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/JOE CHACKO/Primary Examiner, Art Unit 2457
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