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 .
Claims 1-20 are presented for examination.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of the parent U.S. Patent No. 12,13,875 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant independent claims 1, 9, and 17 recite similar steps such as: obtaining a set of data comprising predicted user attributes…, select a digital content.., and sending the digital component. The instant independent claims recites a broader limitation of removing the step of obtaining user visits to content pages and data indicating content categories accessed by user visits.
Instant Application
Parent 12,130,875 B2
1. A computer-implemented method, comprising:
obtaining a set of data comprising predicted user attributes of a user, wherein the predicted user attributes are predicted based on (i) user attribute prediction data indicating previously predicted user attributes of the user that were predicted based on activity of the user at an electronic resource of a publisher and
(ii) an aggregate measure for each content category of a plurality of content categories, wherein the aggregate measure for each content category is based on a quantity of user visits by the user to content pages of the electronic resource of the publisher that included content classified as belonging to the content category;
selecting a digital component based on the predicted user attributes; and
sending the digital component to a user device of the user for display to the user.
1. A computer-implemented method, comprising:
obtaining, for each of a plurality of user visits by a user to content pages of an electronic resource of a publisher, data indicating content categories of content of the content pages accessed by the user during the user visits;
determining, for each content category, an aggregate measure based on a quantity of user visits by the user to content pages of the electronic resource of the publisher that included content classified as belonging to the content category;
obtaining, for each of the plurality of user visits by the user to the content pages of the electronic resource of the publisher, user attribute prediction data indicating previously predicted user attributes of the user that were predicted based on activity of the user at the electronic resource of the publisher during the user visit;
predicting, for a current visit of the user to the electronic resource of the publisher, user attributes of the user based on the aggregate measure for each content category and the obtained user attribute prediction data; and
causing a digital component selected based on the predicted user attributes to
be displayed with the electronic resource on a client device of the user during the current visit.
Claim Rejections - 35 USC § 101
Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites obtaining a set of data comprising predicted user attributes of user, select a digital component based on predicted user attributes, and sending the digital component to a user device.
The limitations of obtaining a set of data comprising user attributes of a user, as drafted, are processes that, under their broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting “processor” and “storage devices,” nothing in the claim elements precludes the steps from practically being performed in the mind. For example, but for the “processor” language, “obtaining”, “selecting”, and “sending” in the context of this claim encompass a user obtaining predicted user attributes of a user, selecting a digital component by comparing predicted user attributes with other values, and then send the selected digital component. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements of a processor and storage devices to perform the obtaining predicted user attributes, select a digital component, and sending the digital component steps. The processor and storage devices are recited at a high level of generality (i.e., as generic computer components performing generic computer functions of collecting, organizing, and analyzing information) such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a processors and storage devices to perform the predicted user attribute obtaining, selecting digital content, and sending digital content step amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alon et al. U.S. Patent Application Publication Number 2014/0143012 A1. Predicting content usage (see section [0032]) and tracking number of user visits to a website (see section [0050]).
Ramer et al. U.S. Patent Application Publication Number 2013/0053005 A1. Training data set on previous user’s behaviors to predict a variable of interest to members of a “target data set” comprised of new users (see section [0116]).
Pritchard et al. U.S. Patent Application Publication Number 2018/0018304 A1. Finding user information based on user’s prior behavior or other predictive criteria associated with a user (see section [0083]).
Huang et al. U.S. Patent Application Publication Number 2022/0318644 A1. Using machine learning models to predict a particular user characteristic such as demographic or user interest (see section [0048]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN S CHOU whose telephone number is (571)272-5779. The examiner can normally be reached Monday-Friday 9:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris L Parry can be reached at (571)272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN S CHOU/Primary Examiner, Art Unit 2451
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