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.
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.
Claim 1 (and by dependency claims 2-6 and 19) are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12154301 in view of Baskin et al. (US 20140114788 A1). The US 12154301 B2 patent claim is a more specific version of the current application with the exception of the limitation “each image of the set of available images having one or more characteristics selected for a target consumer”. Baskin et al. teach each image of the set of available images having one or more characteristics selected for a target consumer: “Content management system 110 may be used for selecting and providing content in response to requests for content. Content management system 110 also can update database 124 based on activity of a user. In this regard, the database 124 can store a profile for the user which includes, for example, information about past user activities, such as visits to a place or event, past requests for resources 105, past search queries 116, other requests for content, social network profiles and connections, Web sites visited, or interactions with content” ([0031]), “Based at least in part on data included in a request, content management system 110 can select content that is eligible to be provided in response to the request (referred to as "eligible content items"). For example, eligible content items can be eligible ads having characteristics matching the characteristics of ad slots and that are associated with user-provided keywords (e.g., terms in the input search query). The universe of eligible content items (e.g., ads) can be narrowed by taking into account other factors, such as the content of previous search queries 116. For example, content items corresponding to historical search activities of the user including, e.g., search keywords used, particular content interacted with, sites visited by the user, etc. may also be used in the selection of eligible content items by the content management system 110” ([0034]), “The collection of content features 204 includes information that describes the candidate content item 202. The collection of content features 204 can include information such as the content item's format (e.g., text, image, video, audio), size, duration, functionality (e.g., the ad is static until clicked or hovered, the ad plays a media clip automatically, the ad is completely static), subject matter (e.g., the type of product, good, or service being advertised), intended customer audience (e.g., demographic information), developer of the content, links associated with the content, or combinations of these and other information that can describe the candidate content item 202” ([0041]). The benefit of incorporating Baskin is demonstrated by statements such as “The choice of which advertising content to present can also have a financial impact upon the web page or other media content in which the advertising content is presented” ([0020]) which implies a financial benefit that would result from the combination. Claim 7 (and by dependency claims 8-12 and 20) and claim 13 (and by dependency claims 14-18) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 15 respectively of U.S. Patent No. 12154301 in view of Baskin et al. (US 20140114788 A1) with the same rationale as claim 1.
Current Application
1. A computerized system for analyzing images, the computerized system comprising: at least one programmable processor; and a machine-readable medium having instructions stored thereon which, when executed by the at least one programmable processor, cause the at least one programmable processor to execute operations comprising: training an autoencoder including a plurality of interconnected layers and combined instances of neural networks, the training comprising: identifying a training vector including an encoding of one or more consumer characteristics of a target audience; determining a predicted performance score for multiple pixel images included in a plurality of image model training samples, the image model training samples including the multiple pixel images and historical performance data for each of the multiple pixel images, the predicted performance score based on one or more demographics of the target audience; and optimizing a training model based on a comparison of the predicted performance score to the historical performance data for the multiple pixel images; determining input data for a set of available images, each image of the set of available images having one or more characteristics selected for a target consumer, the determining of the input data comprising: extracting visual features and text features from one or more images of the set of available images; and determining a vector output for one or more features of a creative profile associated with each image of the set of available images; using the trained autoencoder, encoding the input data to generate a compressed version of the input data that reduces a dimensionality of the input data; decoding the compressed version of the input data to generate an output for each of the available images, the output including a sparse reconstruction of a particular available image and a predicted image label or score for the particular available image; and serving one of the available images in an online ad placement based on the predicted image labels or scores for each of the available images.
US 12154301 B2
1. A computerized system for analyzing images, the computerized system comprising: at least one programmable processor; and a machine-readable medium having instructions stored thereon which, when executed by the at least one programmable processor, cause the at least one programmable processor to execute operations comprising: training an autoencoder including a plurality of interconnected layers and combined instances of neural networks, the training comprising: identifying a training vector including an encoding of important consumer characteristics of a target audience; determining a predicted performance score for multiple pixel images included in a plurality of image model training samples, the image model training samples including the multiple pixel images and historical performance data for each of the multiple pixel images, the predicted performance score based on one or more demographics of the target audience; and optimizing a training model based on a comparison of the predicted performance score to the historical performance data for the multiple pixel images; preparing input data for a set of available creative images, the input data for each of the available creative images including at least one pixel image and a creative profile including one or more categorical features, numeric features, geographic features, and interest features, the preparing input data including extracting visual features and text features from the at least one pixel image and determining a vector output for each of the one or more categorical features, numeric features, geographic features, and interest features; parsing the input data for the set of available creative images to select available creative images having one or more of the visual features, text features, categorical features, numeric features, geographic features, and interest features; using the trained autoencoder, encoding the input data for the selected available creative images to generate a compressed version of the input data that reduces dimensionality of the input data; decoding the compressed version of the input data to generate an output for each of the available creative images, the output including a sparse reconstruction of the at least one pixel image included in the input data and, a predicted pixel image label or score for the particular available creative image; and serving one of the selected available creative images in an online ad placement based on the predicted pixel image labels or scores for each of the available creative images.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE ENTEZARI whose telephone number is (571)270-5084. The examiner can normally be reached 10-7 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vincent M Rudolph can be reached at (571) 272-8243. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE M ENTEZARI HAUSMANN/Primary Examiner, Art Unit 2671
Prosecution Insights