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 .
Priority
Applicant claims continuation priority to provisional U.S. Patent Application No. 17/562,803 (now Patent No. 12,136,121 B2), filed 12/27/2021.
Information Disclosure Statement
The IDSs submitted on 11/07/2024 has been considered.
Status of Claims
Applicant’s amended claims, filed 12/03/2024, have been entered. Claim 1 has been canceled. Claims 2-21 are new. Claims 2-21 are currently pending in this application and have been examined.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 2, 4, 5, 8, 9, 11, 12, 14-16, 18, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,136,121 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2, 4, 5, 8, 9, 11, 12, 14-16, 18, 19 of the present application are anticipated by claims 1-20 of the patent.
Application 18902063 claims
Patent No. 12,136,121 B2 claims
2, 9, and 16
1, 8, 14
4, 5, 11, 18, 19
2, 15
8, 21
7, 10
12
12
14
3, 16
15
4, 17
Claims 3, 6, 7, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,136,121 B2 in view of Kirovski et al. (US 2008/0091546 A1).
Claim 3 of the current application recites wherein the system further comprises a plug-in associated with the web browser. Patent No. 12,136,121 B2 does not explicitly recite the limitation. However, Kirovski does teach a plug-in associated with the web browser (Fig. 1; ¶0002, ¶0032). It would have been obvious to one of ordinary skill in the art at the time of filing to expand the system of U.S. Patent No. 12,136,121 B2 to include a browser plug-in as taught by Kirovski. One of ordinary skill in the art at the time of filing would have been motivated to expand the web browser of U.S. Patent No. 12,136,121 B2 in order to allow different browser components to run on top of the browser component (Kirovski ¶0032).
Claims 6, 7, and 20 of the current application recites wherein extracting the data comprises parsing and analyzing source code associated with the webpage, identify the plurality of user interface elements on the webpage based on analyzing source code associated with the webpage, . Patent No. 12,136,121 B2 does not explicitly recite the limitation. However, Kirovski does teach extracting the data comprises parsing and analyzing source code associated with the webpage (¶0008, ¶0032, ¶¶0041-0045, ¶0063). It would have been obvious to one of ordinary skill in the art at the time of filing to expand the system of U.S. Patent No. 12,136,121 B2 to include extracting data by parsing and analyzing source code as taught by Kirovski. One of ordinary skill in the art at the time of filing would have been motivated to expand the web browser of U.S. Patent No. 12,136,121 B2 in order to identify information on the web page (Kirovski ¶0032).
Claims 10 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,136,121 B2 in view of Croak et al. (US 11,210,731 B1).
Claims 10 and 13 of the current application recites determining a geographical location associated with the user device, wherein the modifying is further based on the geographical location associated with the user device. Patent No. 12,136,121 B2 does not explicitly recite the limitation. However, Croak does teach determining a geographical location associated with the user device, wherein the modifying is further based on the geographical location associated with the user device (Fig. 2-4, 9; col. 3, line 34 to col. 5, line 62 and col. 12, line 65 to col. 13, line 44). It would have been obvious to one of ordinary skill in the art at the time of filing to expand the system of U.S. Patent No. 12,136,121 B2 to include a geographical location as taught by Croak. One of ordinary skill in the art at the time of filing would have been motivated to expand the location of U.S. Patent No. 12,136,121 B2 in order to receive information such as prices offered by various products and the location of the various sellers (Croak Figs. 2 and 9; col. 12, line 65 to col. 13, line 44 and col. 3, line 34 to col. 5, line 31)
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,136,121 B2 in view of Henderson et al. (US 2020/0334701 A1).
Claim 17 of the current application recites wherein the article of manufacture further comprises an extension associated with the web browser. Patent No. 12,136,121 B2 does not explicitly recite the limitation. However, Henderson does teach an extension associated with the web browser (¶¶0025-0028). It would have been obvious to one of ordinary skill in the art at the time of filing to expand the article of manufacture of U.S. Patent No. 12,136,121 B2 to include a browser extension as taught by Henderson. One of ordinary skill in the art at the time of filing would have been motivated to expand the web browser of U.S. Patent No. 12,136,121 B2 in order to have the browser including a plugin or extension to execute the application (Henderson ¶¶0025-0028).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 2-9, 11, 12, 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirovski et al. (US 2008/0091546 A1) in view of Henderson et al. (US 2020/0334701 A1).
Regarding claim 9, Kirovski et al., hereinafter Kirovski, discloses a method comprising:
determining, by a computer system, a webpage being displayed on a user device via a user interface, wherein the webpage comprises a particular product of a merchant (Figs. 1-2, 4-7, 10-11; ¶¶0030-0040 [the comparison component 106 can be configured to identify and/or detect whether the web document 104 offers to sell an item (not shown), wherein the item can be substantially any product or service. For instance, the comparison component can identify whether the web document 104 is a purchase page. In particular, the comparison component 106 can, e.g., parse the source code of the web document 104 in order to facilitate this determination.] in view of ¶0028 [a purchase page can be a web document/web page that has been identified as one that intends to sell a particular item, wherein the item is substantially any product or service. Oftentimes, the purchase page will have a purchase indicator such as a “buy” or “add to cart” button], ¶¶0071-0089 [personal computers and servers communicating]);
modifying, by the computer system, the webpage based on first content associated with a first product record from a plurality of product records in a data storage (Figs. 1-2, 4-9, 10-11; ¶¶0068-0069 [at 902, a non-invasive notification can be provided for indicating that a list of comparable items is available for display… the non-invasive display can occur immediately upon a determination that a purchase page (or transaction page) has been detected, such as described in connection with act 702 from FIG. 7… The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.]), wherein the webpage is initially determined to be associated with two or more product records from the plurality of product records based on data from the webpage (Fig. 4; ¶¶0009-0010 [comparison shopping server can be data store for page data for all purchase pages (e.g., the purchase page and all other purchase pages). Accordingly, the comparison shopping server can return to the comparison component a list of comparative items, each of which is equivalent or substantially similar to the item on the purchase page], ¶0059 [The comparative shopping server 302 can respond to the comparison component 106 with a list of web documents 604 that offer the same or substantially similar items for sale.] in view of ¶0054)), wherein the computer system causes a computing device different from the user device to (i) display the webpage using a browser application of the computing device (Figs. 2-3; ¶¶0044-0046 [the comparative shopping server 302 can, e.g., follow the links provided by the purchase indicator 206 (e.g., from a purchase page to a transaction page) to verify that the listed price 204 matches what a purchaser would in fact be charged.]), (ii) interact, via the browser application, with one or more user interface elements in a plurality of user interface elements on the webpage (Figs. 2-3; ¶¶0044-0046 [comparative shopping server 302 can also take additional actions to enhance integrity and/or efficiency. For example, in some cases the advertised price 204 may not be the actual price the user is charged. For instance, the advertised price 204 may require an additional purchase, filing out a survey, or even be outright fraud, etc. Accordingly, the comparative shopping server 302 can, e.g., follow the links provided by the purchase indicator 206 (e.g., from a purchase page to a transaction page) to verify that the listed price 204 matches what a purchaser would in fact be charged. The comparative shopping server 302 can be configured to automatically set up an account (e.g., if required to access the bottom line), configured to watch for usually large surcharges and/or shipping and handling fees, as well as a variety of other useful detection means to verify that the price 204 is legitimate.]), and (iii) obtain additional data, wherein the webpage is determined to be associated with the first product record from the two or more product records based on comparing the additional data against each product record of the two or more product records (Figs. 2-3; ¶¶0044-0046); and
displaying the modified webpage via the user interface of the user device (Figs. 1-2, 4-9, 10-11; ¶¶0068-0069 [at 902, a non-invasive notification can be provided for indicating that a list of comparable items is available for display… the non-invasive display can occur immediately upon a determination that a purchase page (or transaction page) has been detected, such as described in connection with act 702 from FIG. 7… The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.]).
While Kirovski discloses interacting with one or more user interface elements, Kirovski does not explicitly teach wherein interacting with the one or more user interface elements causes the webpage to change a presentation of the particular product and obtaining additional data associated with changes to the presentation of the particular product based on the interacting. However, in the field of testing, detecting, and monitoring shopping interfaces (abstract), Henderson et al., hereinafter Henderson teaches automating a site navigation program on a separate device without any need for human interaction (¶0028), form a cloned shadow session of the user’s current session and interact with one or more user interface elements that causes the webpage to change presentation and obtain additional data associated with the changes to the presentation based on the interacting (Figs. 1-6; ¶¶0044-0047, ¶¶0083-0084). The step of Henderson is applicable to the method of Kirovski as they share characteristics and capabilities, namely, they are directed to products on webpages. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the interaction as taught by Kirovski with the cloning of the webpage and interaction as taught by Henderson. One of ordinary skill in the art at the time of filing would have been motivated to expand the method of Kirovski in order to determine the configuration of the product and availability (¶0055, ¶0083).
Regarding claim 11, Kirovski in view of Henderson teaches the method of claim 9, Kirovski further discloses wherein the modifying the webpage comprises superimposing a second user interface on the webpage, and wherein the first content is presented on the second user interface (Figs. 4 and 9; ¶¶0051-0053 [the displays 410, 412 can be embedded in the web document 104 or be configured as a pop-up window, an overlay, a tab, a frame, or other appropriate displaying style. In addition, the displays 410, 412 can be resized, moved, and/or reoriented conveniently. As indicated, the display 412 can include 1 to N comparable items, usually at more advantageous prices and/or with additional features. For example, comparable items 1-5 all have a lower price than the price 404 indicated by the web document 104. Comparable item N appears at the same price, but has or is likely to have additional features given it is in reference to the MFT 800 XL model rather than the base MFT 800 model… each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. ], ¶0068 [The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.] in view of ¶¶0008-0009 [other web locations (e.g., other purchase pages) is comparable to other merchants] and ¶¶0054-0056 [a plurality of vendors]; claims 17 and 18).
Regarding claim 12, Kirovski in view of Henderson teaches the method of claim 9. Kirovski further discloses further modifying the webpage based on second content (Figs. 1-2, 4-9, 10-11; ¶¶0044-0046, ¶¶0068-0069) and Henderson further teaches:
detecting, via the user interface of the user device, a selection of a first one of the plurality of user interface elements on the webpage (Figs. 5A-5C; ¶¶0083-0084);
determining that the first one of the plurality of user interface elements is associated with a second product record in the two or more product records (Figs. 5A-5C; ¶¶0083-0084); and
content associated with the second product record (Figs. 5A-5C; ¶¶0083-0084).
The motivation for making this modification to the teachings of Kirovski are the same as that set forth above, in the rejection of claim 9.
Regarding claim 14, Kirovski in view of Henderson teaches the method of claim 9, Kirovski further discloses wherein the modifying comprises inserting a link into the webpage (Figs. 4 and 9; ¶¶0051-0053 [the displays 410, 412 can be embedded in the web document 104 or be configured as a pop-up window, an overlay, a tab, a frame, or other appropriate displaying style. In addition, the displays 410, 412 can be resized, moved, and/or reoriented conveniently. As indicated, the display 412 can include 1 to N comparable items, usually at more advantageous prices and/or with additional features. For example, comparable items 1-5 all have a lower price than the price 404 indicated by the web document 104. Comparable item N appears at the same price, but has or is likely to have additional features given it is in reference to the MFT 800 XL model rather than the base MFT 800 model… each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. ], ¶0068 [The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.] in view of ¶¶0008-0009 [other web locations (e.g., other purchase pages) is comparable to other merchants]; claims 17 and 18).
Regarding claim 15, Kirovski in view of Henderson teaches the method of claim 14, Kirovski further discloses
receiving a selection of the link via the user interface of the user device (Fig. 4; ¶0052 [each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. Accordingly, when presented with the display 412, e.g., a user can more easily navigate to any of the N comparable items with a single click.], ¶0054 [an input signaling a click (e.g., by way of cursor 502) on one of the comparative items can alter the contents of the web document 506. For example, clicking on item “1. MFT 800 $249.99” can redirect the browser component 102 to the Internet address associated with that item, and populate the main body frame (e.g., web document 506) with content from that address. Likewise, a click on item “2.” can replace the content of document 506 with that particular vendor's web page, and in each instance, the side panel frame can be maintained for easy navigation]); and
redirecting the user device to a second webpage associated with the link ((Fig. 4; ¶0052 [each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. Accordingly, when presented with the display 412, e.g., a user can more easily navigate to any of the N comparable items with a single click.], ¶0054 [an input signaling a click (e.g., by way of cursor 502) on one of the comparative items can alter the contents of the web document 506. For example, clicking on item “1. MFT 800 $249.99” can redirect the browser component 102 to the Internet address associated with that item, and populate the main body frame (e.g., web document 506) with content from that address. Likewise, a click on item “2.” can replace the content of document 506 with that particular vendor's web page, and in each instance, the side panel frame can be maintained for easy navigation])).
Regarding claim 2, Kirovski discloses a system comprising:
a non-transitory memory storing instructions (Figs. 10-11; ¶¶0070-0089); and
one or more hardware processors coupled with the non-transitory memory and configured to execute the instructions from the non-transitory memory to cause the system to (Fig. 10-11; ¶¶0070-0089):
determine, based on data from a webpage, that a particular product presented on the webpage is associated with two or more product records from a plurality of product records stored in a data storage (Figs. 1-2, 4-7, 10-11; ¶¶0030-0040 [the comparison component 106 can be configured to identify and/or detect whether the web document 104 offers to sell an item (not shown), wherein the item can be substantially any product or service. For instance, the comparison component can identify whether the web document 104 is a purchase page. In particular, the comparison component 106 can, e.g., parse the source code of the web document 104 in order to facilitate this determination.] in view of ¶0028 [a purchase page can be a web document/web page that has been identified as one that intends to sell a particular item, wherein the item is substantially any product or service. Oftentimes, the purchase page will have a purchase indicator such as a “buy” or “add to cart” button], ¶¶0071-0089 [personal computers and servers communicating]; ¶¶0009-0010 [comparison shopping server can be data store for page data for all purchase pages (e.g., the purchase page and all other purchase pages). Accordingly, the comparison shopping server can return to the comparison component a list of comparative items, each of which is equivalent or substantially similar to the item on the purchase page], ¶0059 [The comparative shopping server 302 can respond to the comparison component 106 with a list of web documents 604 that offer the same or substantially similar items for sale.] in view of ¶0054);
cause a computing device to: (i) display the webpage using a browser application of the computing device (Figs. 2-3; ¶¶0044-0046 [the comparative shopping server 302 can, e.g., follow the links provided by the purchase indicator 206 (e.g., from a purchase page to a transaction page) to verify that the listed price 204 matches what a purchaser would in fact be charged.]), (ii) interact, via the browser application, with one or more user interface elements in a plurality of user interface elements on the webpage (Figs. 2-3; ¶¶0044-0046 [comparative shopping server 302 can also take additional actions to enhance integrity and/or efficiency. For example, in some cases the advertised price 204 may not be the actual price the user is charged. For instance, the advertised price 204 may require an additional purchase, filing out a survey, or even be outright fraud, etc. Accordingly, the comparative shopping server 302 can, e.g., follow the links provided by the purchase indicator 206 (e.g., from a purchase page to a transaction page) to verify that the listed price 204 matches what a purchaser would in fact be charged. The comparative shopping server 302 can be configured to automatically set up an account (e.g., if required to access the bottom line), configured to watch for usually large surcharges and/or shipping and handling fees, as well as a variety of other useful detection means to verify that the price 204 is legitimate.]), and (iii) obtain additional data (Figs. 2-3; ¶¶0044-0046);
determine that the webpage is associated with a particular product record from the two or more product records based on the additional data (Figs. 1-2, 4-8, 10-11; ¶¶0058-0059 [The comparative shopping server 302 can maintain a data store of information relating to these items (e.g., description/identifier, price, Internet address…). When the browser component 102 receives information (e.g., source code) relating to one of the web documents 604, then the comparison component 106 can determine whether the web document 604 is a purchase page. If the resulting determination is “yes” or TRUE, then the comparison component 106 can identify, extract, and/or transmit various data (e.g., item identifier/description, price…) to the comparative shopping server 302… The comparative shopping server 302 can respond to the comparison component 106 with a list of web documents 604 that offer the same or substantially similar items for sale] and ¶0066 [at 802, data (e.g., page data such as an identifier, a price, a URL, etc.) can be transmitted to a server, such as a comparison shopping server described in more detail with reference to FIGS. 3 and 6. Typically, the data is transmitted by way of a WAN such as the Internet, WWW, a cellular phone network, or the like. At 804, the data can be compared to stored data for establishing comparative items. For example, results from other purchase pages (e.g., those coupled to or accessible by the WAN) can be stored with associated comparative item descriptions and comparative prices. All or a subset of the purchase pages can be ranked and/or ordered for the associated comparative item by virtue of best price, quality, features, or a variety of other factors]);
modify the webpage based on information associated with the particular product record while maintaining the webpage being displayed on the user device (Figs. 1-2, 4-9, 10-11; ¶¶0068-0069 [at 902, a non-invasive notification can be provided for indicating that a list of comparable items is available for display… the non-invasive display can occur immediately upon a determination that a purchase page (or transaction page) has been detected, such as described in connection with act 702 from FIG. 7… The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.]); and
display the modified webpage on the user device (Figs. 1-2, 4-9, 10-11; ¶¶0068-0069 [at 902, a non-invasive notification can be provided for indicating that a list of comparable items is available for display… the non-invasive display can occur immediately upon a determination that a purchase page (or transaction page) has been detected, such as described in connection with act 702 from FIG. 7… The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.]).
While Kirovski discloses interacting with one or more user interface elements, Kirovski does not explicitly teach wherein interacting with the one or more user interface elements causes the webpage to change a presentation of the particular product, obtaining additional data associated with changes to the presentation of the particular product based on the interacting, and modifying the webpage in response to detecting that the webpage is displayed by a user device different from the computing device. However, in the field of testing, detecting, and monitoring shopping interfaces (abstract), Henderson et al., hereinafter Henderson teaches automating a site navigation program on a separate device without any need for human interaction (¶0028), form a cloned shadow session of the user’s current session and interact with one or more user interface elements that causes the webpage to change presentation and obtain additional data associated with the changes to the presentation based on the interacting (Figs. 1-6; ¶¶0044-0047, ¶¶0083-0084). The system of Henderson is applicable to the system of Kirovski as they share characteristics and capabilities, namely, they are directed to products on webpages. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the interaction as taught by Kirovski with the cloning of the webpage and interaction as taught by Henderson. One of ordinary skill in the art at the time of filing would have been motivated to expand the system of Kirovski in order to determine the configuration of the product and availability (¶0055, ¶0083).
Regarding claim 3, Kirovski in view of Henderson teaches the system of claim 2, Kirovski further discloses wherein the webpage is displayed on the user device via a web browser of the user device, and wherein the system further comprises a plug-in associated with the web browser (Fig. 1; ¶0002, ¶0032).
Regarding claim 4, Kirovski in view of Henderson teaches the system of claim 2, Kirovski further discloses wherein the information comprises product data associated with the particular product obtained from a second webpage (Figs. 4 and 9; ¶¶0051-0053 [the displays 410, 412 can be embedded in the web document 104 or be configured as a pop-up window, an overlay, a tab, a frame, or other appropriate displaying style. In addition, the displays 410, 412 can be resized, moved, and/or reoriented conveniently. As indicated, the display 412 can include 1 to N comparable items, usually at more advantageous prices and/or with additional features. For example, comparable items 1-5 all have a lower price than the price 404 indicated by the web document 104. Comparable item N appears at the same price, but has or is likely to have additional features given it is in reference to the MFT 800 XL model rather than the base MFT 800 model… each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. ], ¶0068 [The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.] in view of ¶¶0008-0009 [other web locations (e.g., other purchase pages) is comparable to other merchants]; claims 17 and 18).
Regarding claim 5, Kirovski in view of Henderson teaches the system of claim 2, Kirovski further discloses wherein modifying the webpage comprises overlaying a user interface on the webpage, and wherein the information associated with the particular product record is displayed on the user interface (Figs. 4 and 9; ¶¶0051-0053 [the displays 410, 412 can be embedded in the web document 104 or be configured as a pop-up window, an overlay, a tab, a frame, or other appropriate displaying style. In addition, the displays 410, 412 can be resized, moved, and/or reoriented conveniently. As indicated, the display 412 can include 1 to N comparable items, usually at more advantageous prices and/or with additional features. For example, comparable items 1-5 all have a lower price than the price 404 indicated by the web document 104. Comparable item N appears at the same price, but has or is likely to have additional features given it is in reference to the MFT 800 XL model rather than the base MFT 800 model… each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. ], ¶0068 [The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.] in view of ¶¶0008-0009 [other web locations (e.g., other purchase pages) is comparable to other merchants] and ¶¶0054-0056 [a plurality of vendors]; claims 17 and 18).
Regarding claim 6, Kirovski in view of Henderson teaches the system of claim 2, Kirovski further discloses wherein executing the instructions further causes the system to: extract the data from the webpage (Figs. 1-2, 4-7, 10-11; ¶0045 [once the comparison component 106 has determined (with or without the aid of the comparative shopping server 302) the description 202 and the price 204, these values as well as other data such as the Internet address associated with the web document 104, etc. can be transmitted to the comparative shopping server 302, as indicated by the transfer of item data 304] and ¶¶0041-0045 [the comparison component 106 can, e.g., parse source code for the web document 104 and employ various algorithms and the like to make inferences about whether the web document 104 is a purchase page, the comparison component 106 can also parse the source code to make inferences relating to the description 202 and the price 204.] in view of ¶0008 [the comparison component can identify page data relating to the purchase page such as the name (e.g., identifier, description) of the item and its price as well as the URL relating to the purchase page. This page data can be sent to a comparative shopping server for analysis]), wherein extracting the data comprises parsing and analyzing source code associated with the webpage (¶0032, ¶0041, ¶0063).
Regarding claim 7, Kirovski in view of Henderson teaches the system of claim 2, Kirovski further discloses wherein executing the instructions further causes the system to: identify the plurality of user interface elements on the webpage based on analyzing source code associated with the webpage (Figs. 1-2, 4-7, 10-11; ¶0045 [once the comparison component 106 has determined (with or without the aid of the comparative shopping server 302) the description 202 and the price 204, these values as well as other data such as the Internet address associated with the web document 104, etc. can be transmitted to the comparative shopping server 302, as indicated by the transfer of item data 304] and ¶¶0041-0045 [the comparison component 106 can, e.g., parse source code for the web document 104 and employ various algorithms and the like to make inferences about whether the web document 104 is a purchase page, the comparison component 106 can also parse the source code to make inferences relating to the description 202 and the price 204.] in view of ¶0008 [the comparison component can identify page data relating to the purchase page such as the name (e.g., identifier, description) of the item and its price as well as the URL relating to the purchase page. This page data can be sent to a comparative shopping server for analysis]).
Regarding claim 8, Kirovski in view of Henderson teaches the system of claim 2, Henderson further teaches wherein the two or more product records are associated with different versions of the particular product (Figs. 5A-5C; ¶0083).
The motivation for making this modification to the teachings of Kirovski are the same as that set forth above, in the rejection of claim 9.
Regarding claim 16, the claims disclose substantially the same limitations, as claim 2, except claim 2 is directed to machine while claim 16 is directed to an article of manufacture. The added element of “a non-transitory machine-readable medium having stored thereon machine-readable instructions executable to cause a machine perform operations” is also taught by Kirovski (Fig. 10-11; ¶¶0070-0089). Therefore, claim 16 is rejected for the same rational over the prior art cited in claim 2.
Regarding claim 17, Kirovski in view of Henderson teaches the non-transitory machine-readable medium of claim 16, Kirovski further discloses wherein the webpage is displayed on the user device via a web browser of the user device (Fig. 1; ¶0002, ¶0032). Henderson further teaches wherein the modifying the webpage is performed by an extension associated with the web browser (¶¶0025-0028). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the browser as taught by Kirovski with the extension as taught by Henderson. One of ordinary skill in the art at the time of filing would have been motivated to expand the article of manufacture of Kirovski in order to have the browser including a plugin or extension to execute the application (¶¶0025-0028).
Regarding claim 18, Kirovski in view of Henderson teaches the non-transitory machine-readable medium of claim 16, Kirovski further discloses wherein the content comprises product data associated with the particular product obtained from a second webpage (Figs. 4 and 9; ¶¶0051-0053 [the displays 410, 412 can be embedded in the web document 104 or be configured as a pop-up window, an overlay, a tab, a frame, or other appropriate displaying style. In addition, the displays 410, 412 can be resized, moved, and/or reoriented conveniently. As indicated, the display 412 can include 1 to N comparable items, usually at more advantageous prices and/or with additional features. For example, comparable items 1-5 all have a lower price than the price 404 indicated by the web document 104. Comparable item N appears at the same price, but has or is likely to have additional features given it is in reference to the MFT 800 XL model rather than the base MFT 800 model… each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. ], ¶0068 [The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.] in view of ¶¶0008-0009 [other web locations (e.g., other purchase pages) is comparable to other merchants]; claims 17 and 18).
Regarding claim 19, Kirovski in view of Henderson teaches the non-transitory machine-readable medium of claim 16, Kirovski further discloses wherein the modifying the webpage comprises overlaying a user interface on the webpage, and wherein the content associated with the particular product record is displayed on the user interface (Figs. 4 and 9; ¶¶0051-0053 [the displays 410, 412 can be embedded in the web document 104 or be configured as a pop-up window, an overlay, a tab, a frame, or other appropriate displaying style. In addition, the displays 410, 412 can be resized, moved, and/or reoriented conveniently. As indicated, the display 412 can include 1 to N comparable items, usually at more advantageous prices and/or with additional features. For example, comparable items 1-5 all have a lower price than the price 404 indicated by the web document 104. Comparable item N appears at the same price, but has or is likely to have additional features given it is in reference to the MFT 800 XL model rather than the base MFT 800 model… each comparable item 1-N can be anchor text for a hyperlink (as indicated by the underlined text) to a corresponding Internet address where the respective comparable item can be found for sale at the listed comparable price. ], ¶0068 [The list and/or display can be a pop-up overlay configurable to be always on top, populate a frame, a tab, or some other mechanism. It is to be appreciated that the list can provide hyperlinks to other purchase pages such as those other purchase pages that offer an item substantially similar to the described item, but at a better price, with more features, etc.] in view of ¶¶0008-0009 [other web locations (e.g., other purchase pages) is comparable to other merchants] and ¶¶0054-0056 [a plurality of vendors]; claims 17 and 18)).
Regarding claim 20, Kirovski in view of Henderson teaches the non-transitory machine-readable medium of claim 16, Kirovski further discloses wherein the operations further comprise: extracting the data from the webpage (Figs. 1-2, 4-7, 10-11; ¶0045 [once the comparison component 106 has determined (with or without the aid of the comparative shopping server 302) the description 202 and the price 204, these values as well as other data such as the Internet address associated with the web document 104, etc. can be transmitted to the comparative shopping server 302, as indicated by the transfer of item data 304] and ¶¶0041-0045 [the comparison component 106 can, e.g., parse source code for the web document 104 and employ various algorithms and the like to make inferences about whether the web document 104 is a purchase page, the comparison component 106 can also parse the source code to make inferences relating to the description 202 and the price 204.] in view of ¶0008 [the comparison component can identify page data relating to the purchase page such as the name (e.g., identifier, description) of the item and its price as well as the URL relating to the purchase page. This page data can be sent to a comparative shopping server for analysis]), wherein extracting the data comprises parsing and analyzing source code associated with the webpage (¶0032, ¶0041, ¶0063).
Regarding claim 21, Kirovski in view of Henderson teaches the non-transitory machine-readable medium of claim 16. Henderson further teaches wherein the two or more product records are associated with different configurations of the particular product (Figs. 5A-5C; ¶0083).
The motivation for making this modification to the teachings of Kirovski are the same as that set forth above, in the rejection of claim 9.
Claim(s) 10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirovski et al. in view of Henderson and Croak et al. (US 11,210,731 B1).
Regarding claim 10, Kirovski in view of Henderson teaches the method of claim 9. Kirovski in view of Henderson does not explicitly teach determining a geographical location associated with the user device, wherein the modifying is further based on the geographical location associated with the user device. However, in the field of providing product price comparison to a user (abstract), Croak et al., hereinafter Croak, teaches determining a location associated with the user device (Fig. 3, element 308; col. 5, lines 56-62), and modifying recommendations based the location (Fig. 2-4, 9; col. 3, line 34 to col. 5, line 31 and col. 12, line 65 to col. 13, line 44). The step of Croak is applicable to the method of Kirovski as they share characteristics and capabilities, namely, they are directed to price comparison. It would have been obvious to one of ordinary skill in the art at the time of filing to modify modified webpage as taught by Kirovski with the location information as taught by Croak. One of ordinary skill in the art at the time of filing would have been motivated to expand the method of Kirovski in order to receive information such as prices offered by various products and the location of the various sellers (Figs. 2 and 9; col. 12, line 65 to col. 13, line 44 and col. 3, line 34 to col. 5, line 31).
Regarding claim 13, Kirovski in view of Henderson teaches the method of claim 9. Kirovski in view of Henderson does not explicitly teach determining a geographical location associated with the user device; and selecting, from a plurality of computing device, the computing device for analyzing the webpage based on the geographical location associated with the user device, wherein the computing device is located within the geographical location. However, in the field of providing product price comparison to a user (abstract), Croak teaches determining a location associated with the user device (Fig. 3, element 308; col. 5, lines 56-62) and selecting a remote server based on the location (Fig. 2-4, 9; col. 3, line 34 to col. 5, line 31 and col. 12, line 65 to col. 13, line 44). The step of Croak is applicable to the method of Kirovski as they share characteristics and capabilities, namely, they are directed to price comparison. It would have been obvious to one of ordinary skill in the art at the time of filing to modify server as taught by Kirovski with the selection of server based on geographic location as taught by Croak. One of ordinary skill in the art at the time of filing would have been motivated to expand the method of Kirovski in order to receive information such as prices offered by various products and the location of the various sellers (Figs. 2 and 9; col. 12, line 65 to col. 13, line 44 and col. 3, line 34 to col. 5, line 31).
Examiner’s Comment
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Reference U of the Notice of References Cited Non Patent Literature "Top 5 Best Price Comparison WordPress Plugins" discloses 5 different price comparisons plug-ins users can add to a browser to compare prices of products on a web page.
Conclusion
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LINDSEY B. SMITH
Examiner
Art Unit 3688
/LINDSEY B SMITH/ Examiner, Art Unit 3688
/Jeffrey A. Smith/ Supervisory Patent Examiner, Art Unit 3688
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