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.
Claims 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-5, 8-12, 15-18, 21-27 of U.S. Patent No. 12259907. Claims 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21, 25, 27, 31, 33, and 37 of U.S. Patent No. 11468085.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are substantially similar in scope and they use the similar limitations to produce the same end result
Instant Application
11468085
2. A method comprising:
enabling, by a user device, a plugin on the user device;
detecting, by the user device using the plugin, navigation to an institution website;
transmitting, by the user device based on the navigation to the institution website, login credentials of a user to an institution server associated with the institution website;
receiving, by the user device using the plugin and based on the login credentials being authenticated, session information from the institution server;
activating, by the user device using the plugin, a syncing agent to receive information from the institution server by transmitting the session information to the syncing agent; and
routing, by the user device using the plugin, communications between the syncing agent and the institution server.
3. The method of claim 2, wherein the session information is a cookie.
4. The method of claim 2, further comprising: adding live session information to the communications
5. The method of claim 2, wherein the navigation to the institution website is detected when the plugin is set to a listening mode
6. The method of claim 2, further comprising: storing the login credentials.
7. The method of claim 2, further comprising: copying, using the plugin, the session information.
8. The method of claim 2, wherein the plugin is a browser plugin
21. (Currently Amended) A method comprising: executing a system add-on on a user computing device, wherein the system add-on is configured to: detect navigation, by a user and using a browser or mobile application of the user computing device, to an institution web site provided by an institution server of an institution; transmit user login credentials from the user computing device and to the institution server to authenticate the user with the institution server; upon (1) establishing a live session between the browser or mobile application of the user computing device and the institution server based on successful authentication of user login credentials and (2) receiving, from the institution server session information that establishes the live session, wherein the session information comprises a browser cookie: intercept the session information on the user computing device, wherein the session information is different from the login credentials, and wherein the live session comprises a currently occurring session between the user computing device and the institution server; transmit the intercepted session information from the user computing device and to a syncing agent, wherein the syncing agent comprises a server computing device, wherein the server computing device, the user computing device, and the institution server are three separate devices; and maintain control of the user login credentials to prevent the user login credentials from being transmitted from the user computing device to the syncing agent to prevent the syncing agent from accessing the user login credentials; andexecuting the syncing agent on the server computing device, wherein the syncing agent on the server computing device is configured to: receive the session information from the system add-on executing on the user computing device; use the session information to establish communication with the institution server to operate as an agent of the user during the live session, thereby causing the institution server transmit data to the syncing agent as if the syncing agent is the browser or mobile application executing the live session on the user computing device, to allow the syncing agent to function as an intermediary between the user and the institution server; only during the live session and prior to termination of the live session, gather account data transmitted from the institution server via the network and using the session information, wherein the account data relates to at least one account of a customer of the institution, and wherein the account data is different from the user login credentials and the session information; store the account data gathered from the institution server and during the live session to allow the syncing agent, during the live session and after termination of the live session, to access the account data gathered during the live session;store second account data gathered from an institution server of a second institution and during a second live session, wherein the second account data gathered during the second live session relates to at least one account of the customer of the second institution;provide the account data gathered from the institution server and during the live session to the user computing device to allow the user to access the account data without communicating with the institution server; andprovide the second account data gathered from the institution server of the second institution and during the second live session to allow the user to access the second account data without communicating with the institution server of the second institution.
25. (Previously Presented) The method of Claim 21, wherein the system add-on may be selectively disabled by the user of the user computing device.
Instant Application
12259907
2. A method comprising:
enabling, by a user device, a plugin on the user device;
detecting, by the user device using the plugin, navigation to an institution website;
transmitting, by the user device based on the navigation to the institution website, login credentials of a user to an institution server associated with the institution website;
receiving, by the user device using the plugin and based on the login credentials being authenticated, session information from the institution server;
activating, by the user device using the plugin, a syncing agent to receive information from the institution server by transmitting the session information to the syncing agent; and
routing, by the user device using the plugin, communications between the syncing agent and the institution server.
5. The method of claim 2, wherein the navigation to the institution website is detected when the plugin is set to a listening mode
6. The method of claim 2, further comprising: storing the login credentials.
7. The method of claim 2, further comprising: copying, using the plugin, the session information.
8. The method of claim 2, wherein the plugin is a browser plugin
2. A method comprising: receiving, by a syncing agent activated on a server computing device and from a plugin on a user computing device during a live session between a browser or a mobile application of the user computing device and an institution web site provided by an institution server, session information configured to establish the live session, wherein the syncing agent is activated to receive information from the institution server based on the session information being received from the plugin; making, by the syncing agent and using the session information, direct posts to the institution server based on the syncing agent being activated to receive information from the institution server; receiving, by the syncing agent and based on making the direct posts to the institution server, data transmitted from the institution server and intended for the browser or the mobile application, wherein the data, transmitted from the institution server and intended for the browser or the mobile application, is received directly from the institution server; and gathering, by the syncing agent and during the live session, account data transmitted from the institution server via a network and using the session information, wherein the account data relates to at least one account of a customer associated with the institution server, and wherein the account data is different from the session information
5. The method of Claim 2, wherein the server computing device, the user computing device, and the institution server are three separate devices.
3. The method of claim 2, wherein the session information is a cookie.
3. The method of Claim 2, wherein the session information comprises a cookie.
4. The method of claim 2, further comprising: adding live session information to the communications
4. The method of Claim 2, wherein the live session is initiated on the user computing device.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 2-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claim 2 recites “a method for..” which recites a series of steps and therefore is a process. Claim 9 recites “A user device…” therefore is a machine. Claim 16 recites ”A non-transitory computer-readable medium” therefore is a manufacture.
Step 2A Prong One: Claims 2, 9, and 16 recite limitations “detecting”. These limitations are processes that, under their broadest reasonable interpretation, covers performance of the limitation in the mind, but for the recitation of generic computer components. That is, other than reciting processor or a producer party, nothing in the claim element precludes the step from practically being performed in a human mind or with the aid of pen and paper. For example, “detecting” in the context of this claim encompasses a user mentally, and with the aid of pen and paper writing the changes down on a sheet of paper and examine the list to identify the relevant ones
Step 2A Prong Two: The judicial exception is not integrated into a practical application. The claim recites the additional elements “enabling” “transmitting” “routing” “receiving”, activating, these limitations amount to data gathering which is considered to be insignificant extra solution activity (MPEP 2106.05(g); and “enabling” “transmitting” “routing”; this limitation is a mere generic response of collected and analyzed data which is considered to be insignificant extra solution activity (MPEP 2106.05(g). The elements are elements merely invoking a generic computer environment (processor, database, memory) and basic data-gathering or outputting functions (MPEP 21.96.05(f)) hence reciting insignificant extra solution activities.
The one or more hardware processors and one or more non-transitory computer-readable storage media in these steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. (see MPEP 2106.05(f)). The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The limitations “enabling” “transmitting” “routing” “receiving”, activating” are recognized by the courts as well-understood, routine , and conventional activities when they are claimed in a merely generic manner No elements individually or in combination adds “significantly more” than the abstract idea hence are no more than well-understood, routine and conventional computer functions that merely apply the abstract idea on a generic computer. When viewed as an ordered combination, these additional elements do not integrate the abstract idea into a practical application and do not add significantly more than the abstract idea itself.
Claims 3 and 10 and 17 recite session info as a cookie. Claims do not integrate the judicial exception into practical application at Step 2A Prong 2, or recite additional elements that amount to significantly more than the judicial exception at Step 2B.
Claims 4 and 11 and 18 recite live session information. Claims do not integrate the judicial exception into practical application at Step 2A Prong 2, or recite additional elements that amount to significantly more than the judicial exception at Step 2B.
Claims 5 and 12 and 19 recite a listening mode plugin. Claims do not integrate the judicial exception into practical application at Step 2A Prong 2, or recite additional elements that amount to significantly more than the judicial exception at Step 2B.
Claims 6 and 13 recite login credentials. Claims do not integrate the judicial exception into practical application at Step 2A Prong 2, or recite additional elements that amount to significantly more than the judicial exception at Step 2B.
Claims 7 and 14 and 20 recite copying session information. Claims do not integrate the judicial exception into practical application at Step 2A Prong 2, or recite additional elements that amount to significantly more than the judicial exception at Step 2B.
Claims 8 and 15 and 21 recite a browser plugin. Claims do not integrate the judicial exception into practical application at Step 2A Prong 2, or recite additional elements that amount to significantly more than the judicial exception at Step 2B.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-6, 8-13, 15-19, 21 are/is rejected under 35 U.S.C. 103 as being unpatentable over Shapiro et al. US2014/0236716 in view of Billman US8995967
Regarding claim 2, Shapiro teaches: enabling, by a user device, a plugin on the user device; (Shapiro see paragraph 0031 social plug in rendered when device requests webpage)
detecting, by the user device using the plugin, navigation to an institution website; (Shapiro see paragraph 0031 social plug in rendered when device requests webpage for third party webpage or social networking system which reads on institution website)
transmitting, by the user device based on the navigation to the institution website, login credentials of a user to an institution server associated with the institution website; (Shapiro see paragraph 0004 0018 0024 0029 0031 0037 user using social media and third party server to receive log in information identifying account associated with a user to allow user to interact with third party website using a cookie)
receiving, by the user device using the plugin and based on the login credentials being authenticated, session information from the institution server; (Shapiro see paragraph 0004 0018 0024 0029-0031 0037 user using social media and third party server to receive log in information identifying account associated with a user to allow user to interact with third party website using a cookie. Cookie includes data including dates times and web pages visited which reads on session info, content of third party also reads on session information)
by the user device using the plugin (Shapiro see paragraph 0031 social plug in rendered when device requests webpage)
Shapiro does not distinctly disclose: activating, a syncing agent to receive information from the institution server by transmitting the session information to the syncing agent; and
routing, communications between the syncing agent and the institution server.
However, Billman teaches: activating, a syncing agent to receive information from the institution server by transmitting the session information to the syncing agent; and (Billman see col. 2 lines 41-58 col. 3 lines 17-32 col 4 lines 14-43 emulator to imitate system using user data such as user account data from institution and emulator to provides representation of website on mobile device)
routing, communications between the syncing agent and the institution server. (Billman see col. 3 lines 17-32 col 4 lines 14-43 emulator on representative device on second system and user activity from user device to be tracked and provided to representative device where emulator reads on syncing agent)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified a method of selecting advertisements as taught by Shapiro to include an emulator as taught by Billman to more efficiently provide better service (Billman see col. 3 lines 65-67 col.4 lines 1-13 “allow for more accurate and detailed service from the representative 140 to the user”)
Regarding claim 3, Shapiro as modified further teaches: wherein the session information is a cookie. (Shapiro see paragraph 0004 0024 cookie in a browser)
Regarding claim 4, Shapiro as modified further teaches: adding live session information to the communications. (Shapiro see paragraph 0004 0018 0024 0029 0031 0037 user using social media and third party server to receive log in information identifying account associated with a user to allow user to interact with third party website using a cookie)
Regarding claim 5, Shapiro as modified further teaches: wherein the navigation to the institution website is detected when the plugin is set to a listening mode. (Shapiro see paragraph 0031 social plug in rendered when device requests webpage, social plug in loads with webpage to capture data)
Regarding claim 6, Shapiro as modified further teaches: storing the login credentials. (Shapiro see paragraph 0004 0018 0024 0029 0031 0037 user using social media and third party server to receive log in information identifying account associated with a user to allow user to interact with third party website using a cookie)
Regarding claim 8, Shapiro as modified further teaches: wherein the plugin is a browser plugin (Shapiro see paragraph 0031 social plug in rendered when device requests webpage, social plug in runs inside a browser loading alongside with webpage reads on browser plug in)
Regarding claims 9-13, 15-19, 21, note the rejection of claim(s) 2-6, 8. The instant claims recite substantially same limitations as the above-rejected claims and are therefore rejected under same prior-art teachings.
Claim(s) 7, 14, and 20 are/is rejected under 35 U.S.C. 103 as being unpatentable over Shapiro et al. US2014/0236716 in view of Billman US8995967 in view of Crowe et al.US2002/0035559
Regarding claim 7, Shapiro as modified does not teach: copying, using the plugin, the session information
Crowe teaches: copying, using the plugin, the session information. (Crowe see paragraph 0087 replication plug-in to implement data replication)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified a method of selecting advertisements as taught by Shapiro to include a replication plug in as taught by Crowe for the predictable result of more efficiently organizing and managing data
Regarding claims 14 and 20, note the rejection of claim(s) 7. The instant claims recite substantially same limitations as the above-rejected claims and are therefore rejected under same prior-art teachings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN S LIN whose telephone number is (571)270-0612. The examiner can normally be reached on M-F 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached on (571)272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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://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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALLEN S LIN/Primary Examiner, Art Unit 2153
Prosecution Insights