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.
Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 12,080,046 (hereinafter ‘046). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application ‘046
Claim 1:
receive, from a client device, a pointer to a web page, the web page configured to display a plurality of images in a first arrangement;
retrieve, using the pointer, the plurality of images of the web page;
execute at least one machine learning model using the plurality of images from the web page to generate at least one web page score for the web page; and
generate, to the client device, a message identifying a second arrangement the plurality of images of the web page based on the at least one web page score generated for the web page.
Claim 1:
receiving, by one or more processors, a pointer to a plurality of images of a web page, the web page configured to display the plurality of images in a first arrangement;
retrieving, by the one or more processors using the pointer, the plurality of images of the web page;
executing, by the one or more processors, at least one machine learning model using the plurality of images from the web page as input to generate at least one image performance score for each image of the plurality of images, the at least one machine learning model trained based on a training set of images labeled based at least on interaction data corresponding to images of the training set of images; and
rearranging, by the one or more processors, the plurality of images on the web page to a second arrangement according to the at least one image performance score generated for each image of the plurality of images of the web page.
Current Application ‘046
Claim 15:
receiving, by one or more processors from a client device, a pointer to a web page, the web page configured to display a plurality of images in a first arrangement;
retrieving, by the one or more processors using the pointer, the plurality of images of the web page;
executing, by the one or more processors, at least one machine learning model using the plurality of images from the web page to generate at least one web page score for the web page; and
generating by the one or more processors to the client device, a message identifying a second arrangement the plurality of images of the web page based on the at least one web page score generated for the web page.
Claim 19:
receiving a pointer to a plurality of images of a web page, the web page configured to display the plurality of images in a first arrangement;
retrieving, using the pointer, the plurality of images of the web page;
executing at least one machine learning model using the plurality of images from the web page as input to generate at least one image performance score for each image of the plurality of images, the at least one machine learning model trained based on a training set of images labeled based at least on interaction data corresponding to images of the training set of images; and
rearranging the plurality of images on the web page to a second arrangement according to the at least one image performance score generated for each image of the plurality of images of the web page.
Current Application ‘046
Claim 18:
one or more processors configured by machine-readable instructions to:
receive a pointer to a web page, the web page configured to display a plurality of one or more types of content in an arrangement on the web page;
retrieve, using the pointer, the one or more types of content of the web page;
execute at least one machine learning model using a representation of the arrangement on the web page to generate at least one web page score for the web page; and
generate a record storing an association between the at least one web page score and the web page.
Claim 16:
one or more processors coupled to memory and configured to:
receive a pointer to a plurality of images of a web page, the web page configured to display the plurality of images in a first arrangement;
retrieve, using the pointer, the plurality of images of the web page;
execute at least one machine learning model using the plurality of images from the web page as input to generate at least one image performance score for each image of the plurality of images, the at least one machine learning model trained based on a training set of images labeled based at least on interaction data corresponding to images of the training set of images; and
rearrange the plurality of images on the web page to a second arrangement according to the at least one image performance score generated for each image of the plurality of images of the web page.
Claim 2 of the current application corresponds to claim 2 of ‘046.
Claim 3 of the current application corresponds to claim 14 of ‘046.
Claim 4 of the current application corresponds to claim 5 of ‘046.
Claim 5 of the current application corresponds to claim 3 of ‘046.
Claim 7 of the current application corresponds to claim 7 of ‘046.
Claim 8 of the current application corresponds to claim 8 of ‘046.
Claim 9 of the current application corresponds to claim 9 of ‘046.
Claim 10 of the current application corresponds to claim 10 of ‘046.
Claim 12 of the current application corresponds to claim 14 of ‘046.
Claim 13 of the current application corresponds to claim 15 of ‘046.
Claim 16 of the current application corresponds to claim 17 of ‘046.
Claim 19 of the current application corresponds to claim 17 of ‘046.
Claims 6, 14, 17 and 20-22 of the current application do not correspond to any claims of ‘046.
Allowable Subject Matter
Claims 6, 14, 17 and 20-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and provided the Double Patenting Rejection is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLOTTE M BAKER whose telephone number is (571)272-7459. The examiner can normally be reached Mon - Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JENNIFER MEHMOOD can be reached at (571)272-2976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLOTTE M BAKER/Primary Examiner, Art Unit 2664
05 October 2026
