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 .
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,903,424. The claims of the instant application and the claims of the reference patent are compared in the table below.
Instant Application No. 18/883,659.
Claim 1. A system comprising: a first application programming interface (API) configured to:
receive an input to configure a data sharing permission for a data sharing service;
a second API configured to:
receive, from a plurality of experience providers, an API response containing data of the user according to data held by each of the plurality of experience providers;
a third API configured to: classify the data of the user according to a classification scheme such that
the data of the user is classified into a plurality of overlapping data categories;
generate a user dataset comprising the classified data of the user; and
provide the user with selectable data categories responsive to the input to configure the data sharing permission, the selectable data categories based on the user dataset.
2. The system of claim 1, wherein the data of the user gathered from the plurality of computing systems comprises responses of the user to a questionnaire provided to the user at a time of registration for the data sharing service.
3. The system of claim 1, wherein the system is operated by a financial institution, and wherein the data of the user gathered from the plurality of computing systems comprises financial data held by the financial institution and associated with the user.
4. The system of claim 1, the second API further configured to receive a credential of the user, the credential of the user being associated with a social media account of the user, wherein the system uses the credential to perform a web-scrape of the social media account of the user, and wherein data harvested via the web-scrape is aggregated and classified into the user data corpus.
5. The system of claim 1, wherein the data of the user comprises user search history, browsing history, image postings, file uploads and downloads, file metadata, transaction history, and location history.
6. The system of claim 1, wherein the classification scheme is provided by the system at periodic intervals.
7. The system of claim 1, wherein the classification scheme is specific to the user and based on at least one preference of the user.
8. The system of claim 1, wherein the classification scheme is based on an origin of the data of the user.
US Patent No. 12,093,424.
Claim 1. A system comprising: a first application programming interface (API) configured to:
receive an input to configure a data sharing permission for a data sharing service;
a second API configured to: gather, from a plurality of computing systems, data of a user;
receive, from a plurality of experience providers, an API response containing the data of the user according to data held by each of the plurality of experience providers;
aggregate the data of the user gathered from the plurality of computing systems and the data of the user received from the plurality of experience providers;
a third API configured to: classify the aggregated data of the user according to a classification scheme, wherein the classification scheme comprises rules for multiple levels of granularity such that the data of the user is classified for a plurality of overlapping data categories;
generate a user data corpus comprising the classified aggregated data of the user; and
provide the user with selectable data categories responsive to the input to configure the data sharing permission, the selectable data categories based on the user data corpus.
2. The system of claim 1, wherein the data of the user comprises responses of the user
to a questionnaire provided to the user at a time of registration for the data sharing service.
3. The system of claim 1, wherein the system is operated by a financial institution,
and wherein the data of the user comprises financial data held by the financial institution and associated with the user.
4. The system of claim 1, the second API further configured to receive a credential of
the user, the credential of the user being associated with a social media account of the user, wherein the system uses the credential to perform a web-scrape of the social media account of the user, and wherein data harvested via the web-scrape is aggregated and classified into the user dataset.
5. The system of claim 1, wherein the data of the user comprises at least one of user
search history, browsing history, image postings, file uploads and downloads, file metadata, transaction history, or location history.
6. The system of claim 1, wherein the classification scheme is provided by the system at periodic intervals.
7. The system of claim 1, wherein the classification scheme is specific to the user and based on at least one preference of the user.
8. The system of claim 1, wherein the classification scheme is based on an origin of the data of the user.
Claim 1 of the reference patent recites all of the limitations of claim 1 of the instant application except “generate a user dataset comprising the classified data of the user; and the selectable data categories based on the user dataset..” However, Mehta teaches at process 208, the platform computing system 122 receives the selection of data categories from the user 102 and subsequently determines a set of advertising categories (e.g., according to the classification scheme) applicable to the identified experience provider. The applicable advertising categories correlate to advertising topics that are displayed by the experience provider (e.g., an experience provider domain, for example, as provided by the experience provider computing system 150). The platform computing system 122 may determine the set of applicable advertising categories via a variety of modalities. In one embodiment, the platform computing system 122 may receive periodic (e.g., daily, weekly, monthly, etc.) updates from cooperating experience providers that identify the advertising categories currently utilized. In an exemplary embodiment, the platform computing system 122 may communicate in real-time with an experience provider computing system 150 associated with the identified experience provider. [Mehta see col. 18, lines 60-67 and col. 19, lines 1-13].
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to at process 208, the platform computing system 122 receives the selection of data categories from the user 102 and subsequently determines a set of advertising categories (e.g., according to the classification scheme) applicable to the identified experience provider. The applicable advertising categories correlate to advertising topics that are displayed by the experience provider (e.g., an experience provider domain, for example, as provided by the experience provider computing system 150). The platform computing system 122 may determine the set of applicable advertising categories via a variety of modalities. In one embodiment, the platform computing system 122 may receive periodic (e.g., daily, weekly, monthly, etc.) updates from cooperating experience providers that identify the advertising categories currently utilized. In an exemplary embodiment, the platform computing system 122 may communicate in real-time with an experience provider computing system 150 associated with the identified experience provider; as disclosed in Mehta, within the system of claim 1 of the reference patent to generate a user dataset comprising the classified data of the user; and the selectable data categories based on the user dataset.
Allowable Subject Matter
After a thorough search, and in light of the prior art of record, claims 1, 9 and 17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The best prior art, Fay et al. (US Patent Application Publication No. 2020/0145225) and Heath (US Patent Application Publication No. 2013/0268357) combination fail to disclose or suggest one or more of the features of the independent claims 1, 9 and 17.
In summary, Fayas discloses a transaction platform may provide access, to a distributed shared data structure, to a user device and a service provider device. The transaction platform may store, in the distributed shared data structure, user information associated with a user and service information associated with a service provider.
Heath teaches data management systems for transactional data management and/or analytical data management in the cloud and/or how, when and/or to whom they share this data with third parties based upon user's preferred a user's privacy and/or security settings.
None of the prior arts of record alone or in any reasonable combination, disclose the claimed invention as recites in the independent claim 1 similarly recited in claim independent claims 9 and 17.
Specifically, the prior arts fail to teach A system comprising: a first application programming interface (API) configured to: receive an input to configure a data sharing permission for a data sharing service; a second API configured to: receive, from a plurality of experience providers, an API response containing data of the user according to data held by each of the plurality of experience providers; a third API configured to: classify the data of the user according to a classification scheme such that the data of the user is classified into a plurality of overlapping data categories; generate a user dataset comprising the classified data of the user; and provide the user with selectable data categories responsive to the input to configure the data sharing permission, the selectable data categories based on the user dataset.
The recited limitations, in conjunction with all the features of the independent and dependent claims are not taught nor suggested by the prior arts of record.
Claims 2-8, 10-16 and 18-20 are also allowed as being directly or indirectly dependent of the allowed independent claims.
Accordingly, the scope of the invention has been sufficiently narrowed to bring the claims into compliance with novelty and non-obviousness requirement of the Patent Act.
Conclusion
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/CAO H NGUYEN/ Primary Examiner, Art Unit 2171
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