DETAILED ACTION
Examiner reached out to Applicant’s attorney Robert Selfaison requesting to file a Terminal Disclosure to overcome an actual or provisional rejection based on nonstatutory double patenting. No response has been received.
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 .
Eligibility of Patent under 35 USC § 101
Applicant’s invention is directed to receiving, at a server, resources (e.g. advertising content) to be allocated to one or more user impressions; queryable storage entities are generated as bitsets and generated bitsets are mapped to deterministic user bitsets and probabilistic user bitsets. An estimate of available user impressions based on the one or more viewer demographic group limitations and the query to the deterministic user bitsets or probabilistic user bitsets are determined and resources are automatically allocated to the available user impressions based on the determined estimate of available user impressions. Subsequent to allocation of resources, actual impressions are monitored to determine KPIs and remaining allocation of resources are optimized based on the determined KPIs and comparison of actual impressions with the impression forecast. It is deemed that the claimed invention is not an abstract idea and therefore, it is examiner opinion that the claimed invention is eligible for patent under 35 USC 101.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 -20 of US Patent 12,125,053 and 1 – 24 of U.S. Patent No. 8,751,301. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application: 18/909,446
US Patent 12,125,053
A method for automatically allocating resources based on user impressions on a network, the method comprising:
A method for determining an estimate of available user impressions on a network and allocating resources, the method comprising:
receiving, at a forecasting server, resources to be allocated to one or more user impressions;
receiving, at a forecasting server, a request for an estimate of available user impressions for viewing one or more media elements, the request including one or more viewer demographic group limitations;
receiving, at the forecasting server, a request for an estimate of available user impressions for viewing one or more media elements, the request including one or more viewer demographic group limitations;
generating, at a storage entity, queryable storage entities including deterministic user bitsets and probabilistic user bitsets;
generating, at a storage entity, queryable storage entities including deterministic user bitsets and probabilistic user bitsets;
mapping, by the forecasting server, a query to the deterministic user bitsets or probabilistic user bitsets;
mapping, by the forecasting server, a query to the deterministic user bitsets or probabilistic user bitsets;
determining, by the forecasting server, an impression forecast based on the one or more viewer demographic group limitations and the query to the deterministic user bitsets or probabilistic user bitsets;
determining, by the forecasting server, an estimate of available user impressions based on the one or more viewer demographic group limitations and the query to the deterministic user bitsets or probabilistic user bitsets;
allocating resources based on the impression forecast;
automatically allocating the resources to available user impressions based on the determined estimate of available user impressions;
grouping one or more of the available user impressions that were allocated resources based on key performance indicators; and
monitoring actual impressions to determine key performance indicators; and
optimizing a remaining allocation of resources for a group of the one or more available user impressions based on the key performance indicators and comparing the actual impressions with the impression forecast.
optimizing the remaining allocation of resources for a group of the one or more available user impressions based on comparing actual available user impressions with the determined estimate of available user impressions.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
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/NARESH VIG/Primary Examiner, Art Unit 3622
December 22, 2025