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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 02/11/2025 and 08/05/2025 has been considered by Examiner and made of record in the application file.
2. Claims 1-20 are canceled.
Double Patenting
3. 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 claims at issue 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 reference 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. 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/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 e Terminal Disclaimer may be filled out completely online using web-screens. An e Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
4. Claims 21-24, 25, 26, 27, 32-35 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 5+6, 7, 8+9+10+11, 12-15 and 19 of U.S. Patent No. 12,243,086. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations are transparently found in the U.S. Patent No. 12,243,086 with obvious wording variations as shown in the following table.
U.S. Patent No. 12,243,086
Application No. 19/012,537
1. A system for generating a set of weighting values from user clickstream data, the system comprising: a processor; and a non-transitory, computer-readable memory storing instructions that, when executed by the processor, cause the processor to perform a method comprising: establishing an initial set of weights, each of the initial set of weights associated with a product characteristic;
21. (New) A system for generating a set of weights, the system comprising: a processor; and a non-transitory, computer-readable memory storing instructions that, when executed by the processor, cause the processor to perform a method comprising: obtaining an initial set of weights, each weight of the initial set of weights associated with a characteristic;
retrieving a set of products, each of the set of products sharing a product category;
obtaining a set of images;
determining a weighted similarity score for a first product with each of the set of products, the weighted similarity score weighted based on a first characteristic of the first product and weighted based on a first weight of the initial set of weights associated with the first characteristic;
determining a weighted similarity score for a first image with each of the set of images, the weighted similarity score weighted based on a first characteristic of the first image and weighted based on a first weight of the initial set of weights associated with the first characteristic;
and in response to a comparison of the weighted similarity score with a threshold value, adjusting the first weight to generate an adjusted set of weights,
and in response to a comparison of the weighted similarity score with a threshold value, adjusting the first weight to generate an adjusted set of weights.
wherein the first weight is indicative of a relative significance of the first characteristic in determining similarity within the set of products.
U.S. Patent No. 12,243,086 Application No.19/012,537
2-4, 5+6, 7, 8+9+10+11, 12-15 and 19. 22-24, 25, 26, 27, 32-35 and 40.
Consider claims 28 and 36, U.S. Patent No. 12,243,086 teaches all limitations of claims 21 and 32 respectively except does not explicitly teaches that wherein the threshold value is a representation of a degree of variation among a set of weighted similarity scores of the set of images, the set of weighted similarity scores weighted based on the first characteristic.
However, Natesh et al. (U.S. PAT. 10,109,051 hereinafter, “Natesh”) teaches wherein the threshold value is a representation of a degree of variation among a set of weighted similarity scores of the set of images, the set of weighted similarity scores weighted based on the first characteristic (col. 12, lines 23-57).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention was made to use, wherein the threshold value is a representation of a degree of variation among a set of weighted similarity scores of the set of images, the set of weighted similarity scores weighted based on the first characteristic, in order for users are increasingly utilizing electronic devices to obtain various types of information.
Consider claims 29 and 37, Natesh further teaches wherein the first weight is adjusted relative to other weights associated with other characteristics (col. 6, lines 15-42).
Consider claims 30 and 38, Natesh further teaches wherein the threshold value is user-determined (col. 6, lines 15-42).
Consider claims 31 and 39, Natesh further teaches wherein the first weight is adjusted to meet the threshold value (col. 12, lines 23-57).
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/TUAN H NGUYEN/Primary Examiner, Art Unit 2649
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