Detailed Action
Acknowledgements
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in reply to the Amendment filed on April 23, 2026.
Claims 1-20 are pending.
Claims 1-20 are examined.
This Office Action is given Paper No. 20260520 for references purposes only.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 of the instant application is provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-12 of US patent 10,049,392, claims 1-17 of US patent 11,468,482, and claims 1-20 of US patent 12,190,357.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter of the instant application would have been obvious to one of ordinary skill in the art in light of the disclosure of US patent 10,049,392, US patent 11,468,482, and US patent 12,190,357.
The instant application is directed to receiving a request from a browser for a webpage and a unique browser identifier; replacing identification data with the browser identifier; transmitting the unique browser identifier; determining a data element based on the browser identifier; receiving the data element; transmitting the data element; transmitting display information; and performing ad verification based on the display information (see claim 1).
US patent 10,049,392 is directed to generating a unique browser identifier; receiving a request for the webpage; obtaining the webpage; identifying a plurality of links in the webpage that link to third party content; replacing the plurality of links to generate a first portion of the webpage; providing the first potion of the webpage; identifying identifier data in the request that is linkable to the user, browser, or device; removing any data in the request that is linkable to the user, browser, or device; inserting the unique browser identifier; providing the portion of the request; receiving the third party content; providing the third party content as a second portion of the webpage; and replacing in the first portion of the webpage with the second portion of the webpage (see claim 1).
US patent 11,468,482 is directed to receiving a request from a browser for a webpage, along with a unique browser identifier; replacing code of the webpage to direct communication to the publisher; providing a first portion of the webpage; providing the browser identifier, wherein a data element distribution entity determines a data element based on the browser identifier; receiving the data element; providing the data element as a second portion of the webpage; and resetting the browser identifier at a predetermined time interval (see claim 1).
US patent 12,190,357 is directed to receiving a request from a browser for a webpage and a unique browser identifier; replacing identification data with the browser identifier; transmitting a first portion of the webpage; transmitting the unique browser identifier; determining a data element based on the browser identifier; receiving the data element; transmitting the data element as a second portion of the webpage; transmitting display information corresponding to the data element and an IP address; and performing fraud prevention analysis based on the display information and IP address (see claim 1).
The instant application would have been obvious to one of ordinary skill in the art in light of US patent 10,049,392, US patent 11,468,482, and US patent 12,190,357 because they all encompass receiving a request from a browser for a webpage and a unique browser identifier; replacing identification data with the browser identifier; transmitting the browser identifier; determining a data element based on the browser identifier; receiving the data element; transmitting the data element; and transmitting display information (see claim 1 of US patent 10,049,392, claim 1 of US patent 11,468,482, and claim 1 of US patent 12,190,357). Furthermore, US patent 12,190,357 discloses performing fraud prevention analysis, which is ad verification.
Response to Arguments
The 101 and 103 rejections were withdrawn in light of the arguments presented in the Amendment.
Examiner phoned attorney Robert Selfaison on May 20, 2026 to discuss the double patenting rejection and filing of a terminal disclaimer, but there was no answer and no voicemail was available.
Claim Interpretation
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure (see attached form PTO-892).
Spofford et al. (US 2015/0100436) discloses a system and method for combining past user events with real-time user events to rapidly respond to advertising opportunities.
Dobbs et al. (US 2012/0150641) discloses a method and apparatus for linking and analyzing data with the disintermediation of identity attributes.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry of a general nature or relating to the status of this application or concerning this communication or earlier communications from Examiner should be directed to Chrystina Zelaskiewicz whose telephone number is 571-270-3940. Examiner can normally be reached on Monday-Friday, 9:30am-5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, Neha Patel can be reached at 571-270-1492.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal/pair <http://pair-direct.uspto.gov>. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866.217.9197 (toll-free).
/CHRYSTINA E ZELASKIEWICZ/Primary Examiner, Art Unit 3699
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