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 .
This office action is in response to communication filed on 11/25/2024.
Claims 1-20 are presented for examination.
The claims pertain to: Determining the impact of content campaigns using surveys by analyzing survey response data. The claims under their broadest reasonable interpretation cover managing personal behavior and fall under “Certain Methods of Organizing Human Activity”. The claims additional elements of:” “request included code that directs the request to the server device to insert a parametrized pixel image for receiving survey administration information and content information; inserting the parametrized pixel image into the code, wherein the parametrized pixel image is loaded in connection with the content item being presented and wherein the parameterized pixel image is associated with a user identifier of the plurality of user identifiers; causing the parametrized pixel image to be loaded on a browser application executing on a user device in connection with the content item being presented” integrate the abstract idea into a practical application.
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 1-20 are rejected on the ground of non-statutory anticipated double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,154,132.
Allowable Subject Matter
Claims 1-20 allowable over prior art of record.
The invention pertains to: determining the impact of content campaigns using surveys. More particularly, the disclosed subject matter relates to measuring the impact of content campaigns with attitudinal metrics assessed through surveys.
The closest prior art of record: Srivastava (2013/0290094) teaches on paragraph 0040 “surveying panelists 202, 204 after the panelists 202, 204 have been exposed to the media and/or non-media based advertising components and/or material. In the illustrated example, the panelists 202, 204 are randomly assigned to be either a test group (target group) panelist 202 or a control group panelist 204. In some examples, both the test group and control group panelists 202, 204 are exposed to base media and/or non-media advertising material 206”. This random assignment of panelists in Srivastava does not automatically assign to the user to one of the test group and the control group “based on the determination of whether the parametrized pixel image has been rendered by the web browser application executing on the user device” and therefore do not teach the claims limitations of: “automatically assigning the user identifier to one of the test group and the control group based on an amount of time that the parametrized pixel image has been displayed in view by the browser application executing on the user device, wherein the user device associated with the user identifier in the control group is inhibited from receiving the content item having the content identifier and is presented with a different content item and wherein the user device associated with the user identifier in the test group is presented with the content item associated with the content campaign and additional content items associated with the content campaign until a particular exposure level has been reached; and causing, using the hardware processor, an offer to participate in a survey to be transmitted to each user device in the test group and the control group “
WO 2009/097569 teaches effectiveness of an advertisement included in an advertising campaign may be determined by displaying a control advertisement to a control group of webpage visitors who have not yet viewed the advertisement and inviting the users in the control group to complete a survey regarding the advertisement as well as potentially providing a survey to users that have been exposed to the advertisement.
Article by Steve Coffey titled “Internet Audience Measurement: A Practitioner View” teaches Internet audience measurement data by knowing the patterns of consumer behavior, how consumers interact with a particular site or group of sites, can help site managers make decisions that improve the traffic flow and objective of the site tremendously.
Conclusion
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/RAQUEL ALVAREZ/Primary Examiner, Art Unit 3622
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