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
1. This is a first non-final Office Action on the merits for application 19077322. Claims 1-20 are pending examination.
Double Patenting
2. 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 nonstatutory double patenting as being unpatentable over Claim 1-19 of U.S. Patent No. 12,282,939 and Claim 1-25 of U.S. Patent No. 11,055,749. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform similar method steps and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other inventions.
Application number: 190773221. A method, comprising: receiving an indication that content to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to external content associated with 5 a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual page element for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site; generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual page element for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page; andproviding the second publisher content page that includes the modified version of the external content to the client system.
Copending Patent number: 12,282,939
1. A method, comprising:
receiving an indication that content to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual border for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site;
generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page, wherein the second publisher content page is a separate page from the first publisher content page; and
providing the second publisher content page that includes the modified version of the external content to the client system.
Copending Patent number: 11,055,749
1. A method, comprising:
receiving an indication that an ad to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to advertising content associated with a third party site has been selected, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual border for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the ad is displayed within the first publisher frame;
in response to receiving the indication that the ad has been selected, generating a modified version of the advertising content including by generating a second publisher content page, wherein the advertising content associated with the third party site is displayed in the second publisher content page, wherein the second publisher content page includes a second publisher frame that has a same style as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page, wherein the advertising content associated with the third party site is displayed within the second publisher frame; and
providing the modified version of the advertising content to the client system.
7. A payment account system, operable to executing mobile payment involving a payment gateway system and a merchant invoicing system, the payment account system comprising: a mobile phone;a payment account management server; and software programs, wherein the programs are configured to be executed by the mobile phone and payment account management server, the programs including: Instructions for producing a data packet, including a payment token, associated with a payment account; Instructions for transmitting, to said merchant invoicing system, said data packet including said payment token; Instructions for receiving, from said payment gateway system, information including said payment token; Instructions for matching said payment account according to said payment token; Instructions for transmitting, to said payment gateway system, information including said payment account information; and Instructions for receiving, from said payment gateway system, information including a payment completion notice.
17. A system, comprising:
a communication interface; and
a processor coupled to the communication interface, wherein the processor:
receives an indication that content to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual border for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site;
generates a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page, wherein the second publisher content page is a separate page from the first publisher content page; and
provides, via the communication interface to the client system, the second publisher content page that includes the modified version of the external content to the client system.
23. A system, comprising:
a communication interface; and
a processor coupled to the communication interface and configured to:
receive an indication that an ad to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to advertising content associated with a third party site has been selected, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual border for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the ad is displayed within the first publisher frame;
in response to receiving the indication that the ad has been selected, via a communication sent via the communication interface, generate a modified version of the advertising content including by generating a second publisher content page, wherein the advertising content associated with the third party site is displayed in the second publisher content page, wherein the second publisher content page includes a second publisher frame that has a same style as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page, wherein the advertising content associated with the third party site is displayed within the second publisher frame; and
provide, via the communication interface to the client system, the modified version of the advertising content.
13. A method for operating a payment gateway system to execute mobile payment, involving a payment account system and a merchant invoicing system, the method comprising: Receiving, from said merchant invoicing system, information including a payment token and an invoice balance; Identifying said payment account system according to said payment token; Transmitting, to said payment account system, information including said payment token; Receiving, from said payment account system, information including a payment account information; Processing a payment according to information including said payment account information and said invoice balance; Transmitting, to said payment account system and said merchant invoicing system, information including a payment completion notice.
19. A computer program product embodied in a non-transitory computer readable storage medium and comprising computer instructions for:
receiving an indication that content to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual border for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site;
generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page, wherein the second publisher content page is a separate page from the first publisher content page; and
providing the second publisher content page that includes the modified version of the external content to the client system.
25. A computer program product embodied in a non-transitory computer readable storage medium and comprising computer instructions for:
receiving an indication that an ad to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to advertising content associated with a third party site has been selected, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual border for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the ad is displayed within the first publisher frame;
in response to receiving the indication that the ad has been selected, generating a modified version of the advertising content including by generating a second publisher content page, wherein the advertising content associated with the third party site is displayed in the second publisher content page, wherein the second publisher content page includes a second publisher frame that has a same style as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of second publisher content page, wherein the advertising content associated with the third party site is displayed within the second publisher frame; and
providing the modified version of the advertising content to the client system.
As to the independent claims:
Instant claim 2 is fully disclosed in claim 2 of the copending Patent number 12,282,939 and claim 2 of the copending Patent number 11,055,749.
Instant claim 3 is fully disclosed in claim 3 of the copending Patent number 12,282,939 and claim 3 of the copending Patent number 11,055,749.
Instant claim 4 is fully disclosed in claim 4 of the copending Patent number 12,282,939 and claim 4 of the copending Patent number 11,055,749.
Instant claim 5 is fully disclosed in claim 5 of the copending Patent number 12,282,939 and claim 6 of the copending Patent number 11,055,749.
Instant claim 6 is fully disclosed in claim 6 of the copending Patent number 12,282,939 and claim 6 of the copending Patent number 11,055,749.
Instant claim 7 is fully disclosed in claim 6 of the copending Patent number 12,282,939 and claim 6 of the copending Patent number 11,055,749.
Instant claim 8 is fully disclosed in claim 8 of the copending Patent number 12,282,939 and claim 8 of the copending Patent number 11,055,749.
Instant claim 9 is fully disclosed in claim 9 of the copending Patent number 12,282,939 and claim 9 of the copending Patent number 11,055,749.
Instant claim 10 is fully disclosed in claim 10 of the copending Patent number 12,282,939 and claim 10 of the copending Patent number 11,055,749.
Instant claim 11 is fully disclosed in claim 11 of the copending Patent number 12,282,939 and claim 11 of the copending Patent number 11,055,749.
Instant claim 12 is fully disclosed in claim 12 of the copending Patent number 12,282,939 and claim 12 of the copending Patent number 11,055,749.
Instant claim 13 is fully disclosed in claim 13 of the copending Patent number 12,282,939 and claim 13 of the copending Patent number 11,055,749.
Instant claim 14 is fully disclosed in claim 14 of the copending Patent number 12,282,939 and claim 14 of the copending Patent number 11,055,749.
Instant claim 15 is fully disclosed in claim 15 of the copending Patent number 12,282,939 and claim 15 of the copending Patent number 11,055,749.
Instant claim 19 is fully disclosed in claim 18 of the copending Patent number 12,282,939 and claim 18 of the copending Patent number 11,055,749.
It would have been obvious to one having ordinary skill in the art to make the changes above in order to cover slightly broader limitations. Furthermore, the claimed elements perform the same function as before.
Claim Rejections - 35 USC § 101
3. 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 1 is/are drawn to method (i.e., a process), claim(s) 18 is/are drawn to a system (i.e., a machine/manufacture), and claim(s) 20 is/are drawn to non-transitory computer readable medium (i.e., a machine/manufacture). As such, claims 1, 18, and 20 is/are drawn to one of the statutory categories of invention.
Claims 1-20 are directed to in-feed encapsulation of display ads and other externally hosted content. Specifically, claim(s) 1, 18, and 20 recite(s) receiving an indication that content to be displayed in a context of an instance of a first publisher content page at a links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual page element for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site; generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual page element for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page; and providing the second publisher content page that includes the modified version of the external content, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, and grouped as following:
receiving an indication that content to be displayed in a context of an instance of a first publisher content page at a links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual page element for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual page element for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
providing the second publisher content page that includes the modified version of the external content; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as client system, system, communication interface, processor, non transitory computer readable storage medium merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the client system, system, communication interface, processor, non transitory computer readable storage medium perform(s) the steps or functions of receiving an indication that content to be displayed in a context of an instance of a first publisher content page at a links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual page element for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site; generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual page element for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page; and providing the second publisher content page that includes the modified version of the external content. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a client system, system, communication interface, processor, non transitory computer readable storage medium to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of in-feed encapsulation of display ads and other externally hosted content. As discussed above, taking the claim elements separately, the client system, system, communication interface, processor, non transitory computer readable storage medium perform(s) the steps or functions of receiving an indication that content to be displayed in a context of an instance of a first publisher content page at a links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual page element for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site; generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual page element for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content page; and providing the second publisher content page that includes the modified version of the external content. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of in-feed encapsulation of display ads and other externally hosted content. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-17, and 19 further describe the abstract idea of in-feed encapsulation of display ads and other externally hosted content. Claim(s) 2-17, and 19 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a client system, system, communication interface, to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of in-feed encapsulation of display ads and other externally hosted content. As discussed above, taking the claim elements separately, the client system, system, communication interface perform(s) the steps or functions of wherein a link associated with the content is modified to link to the modified version of the external content; wherein generating the modified version of the external content includes retrieving the external content from the third party site; wherein the second publisher frame comprises an iframe; wherein the second publisher frame includes visual elements associated with the first publisher content page; wherein the second publisher frame includes a control to return to the first publisher content page; wherein generating the modified version of the external content includes adding tracking code to the second publisher content page; wherein the tracking code is included in a header of the second publisher content page; wherein the source of the second publisher content page provides io tracked user activity to a source associated with the external content; wherein generating the modified version of the external content includes associating the modified version of the external content with a domain not associated with the third party site; wherein the modified version of the external content includes a is visual element associating the modified version of the external content with a publisher; wherein the modified version of the external content includes a displayed disclaimer content that identifies the third party site as the source of the external content; pre-fetching all, a portion of, or none of the external content, based at least in part on a configured preference of a publisher; further comprising pre-fetching all, a portion of, or none of the external content, based at least in part on a dynamically determined attribute of a connection used to retrieve the second publisher content page; further comprising pre-fetching and pre-staging linked external content up to a configured limit; further comprising pre-ingesting the first publisher content page and configuring to display an animated transition from the content as rendered within the first publisher content page to the modified version of the external content upon selection of the content; wherein the second publisher content page is a separate page from the first publisher content page. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of in-feed encapsulation of display ads and other externally hosted content. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
4. In reference to independent claims 1, 18, and 20, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations steps found in the claims especially limitation that says: “receiving an indication that content to be displayed in a context of an instance of a first publisher content page as rendered at a client system links out to external content associated with a third party site, wherein the first publisher content page includes a first publisher frame that provides a corresponding visual border for at least a first portion of the first publisher content page, wherein the first publisher frame identifies a source of the first publisher content page, wherein the source of the first publisher content page is different than a source of the external content associated with the third party site; generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content frame, wherein the second publisher content page is a separate page from the first publisher content page; and providing the second publisher content page that includes the modified version of the external content to the client system.”. No reference found that would teach the above limitation(s).
Examiner notes: none of the references or combined references teach the combination of limitations of claim 1, 18, and 20 or no reference found that would teaches the combination of limitations of claim 1, 18, and 20, especially the idea of In-feed encapsulation of display ads or other externally-hosted content is disclosed. In various embodiments, an indication is received that an ad to be displayed in the context of an instance of a publisher content page as rendered at a client system links out to advertising content associated with a third party site. The client system is configured to display a modified version of the advertising content in the event an indication is received that the ad has been selected.
Reference 1: CN102033942B describes the invention relates to a web page of the mobile communication equipment terminal browsing technology, especially a label display management method of mobile communication equipment terminal and its system. the method comprises steps as follows: mobile communication device terminal according to the first website access request, issues an access request to the first target server, obtaining the webpage data, establishing the first window label; according to the second website access requirement of the mobile communication device terminal; to a second target server issues an access request, obtaining the webpage data, a second domain name of mobile communication device terminal checks the first page access request first domain name and the second website access request, if the first domain name and the second domain name are the same, establishing a first window label and the second window label, the label group. Aiming at the limitation of mobile communication equipment terminal, providing a page label display scheme is more friendly for browsing web page, provides a better browsing experience for the user. However it lacks the combination of claimed elements of the pending independent claims.
Reference 2: US20120159307A1 describes a target web page may embed resources hosted by a source server. However, this embedding may result in compatibility and/or security issues; e.g., the dimensions of the embedded resource may skew the layout of the target web page. Instead, a source web page may be rendered separately from a target web page, and a source region of the source web page (e.g., a region defined by a set of coordinates) may be extracted from the source web page and may be presented in a target region of the target web page. The elements of the source region may be displayed and executed in isolation within the source web page, and may operate within a source domain (e.g., communicating with the source server and accessing cookies stored by the source server), yet may not interact with the elements of the target web page, thereby alleviating many compatibility and security problems. However it lacks the combination of claimed elements of the pending independent claims.
Reference 3: US20110161990A1 describes a system to present secure expandable advertisements using an API and cross-domain communication. A content publishing system that hosts a website can implement an expandable advertisement using IFRAMEs that are expanded upon receiving an API call from a third party rich media vendor that hosts the expandable advertisement when the content publishing system and the third party media vendor are of differing domains. However it lacks the combination of claimed elements of the pending independent claims.
Reference 4: US20110022704A1 describes the present invention provides a computer implemented method and system for collecting information on a user visit for web analytics. An information collection module is sent to a client in response to a page opening request from the client. The information collection module is for collecting additional information on user visit of the client. Additional information on user visit and basic information on user visit of the client is obtained from a web service request. A web beacon request is generated based on the obtained information. The invention adopts a non-intrusive information collection manner that does not require modifying code of a web application and thus, is much simpler, feasible, and cost-effective than prior art. Further, centralized collection and management for the information on user visit can be implemented. Thus, it is more flexible and convenient for maintenance and optimization. However it lacks the combination of claimed elements of the pending independent claims.
Reference 5: US20140189539A1 describes in one embodiment, a method includes receiving a cover feed interaction history from a device associated with a user of a social-networking system. An order for a plurality of content boards may be determined based on the cover feed interaction history (e.g., viewing history, download status, the current order of content boards in the cover feed, user interaction history, whether the user bookmarked or pinned a particular content board), user information related to the user, and device information about device-based events and device status. Finally, the order for the content boards may be sent to the device. The determination of the order for the content boards may be based on the cover feed interaction history, recency of content included in the content boards, popularity of the content, relevance of content to the user, or device-based events. However it lacks the combination of claimed elements of the pending independent claims.
All these references listed above teaches some of the features in the limitations of the claim but when combining it becomes not obvious and the references would teach the claim as a whole.
Examiner note: none of the references or combined references teach the combination of limitations of claim 1, 18, and 20 or no reference found that would teaches the combination of limitations of claim 1, 18, and 20, especially claim limitations: generating a modified version of the external content including by generating a second publisher content page, wherein the external content associated with the third party site is displayed within a second publisher frame of the second publisher content page, wherein a uniform resource locator associated with the source of the first publisher content page is included in the second publisher content page in place of a uniform resource locator associated with the third party site that is different from the uniform resource locator associated with the source of the first publisher content page, wherein the second publisher frame has a same header format as the first publisher frame of the first publisher content page, wherein the second publisher frame provides a corresponding visual border for at least a second portion of the second publisher content page, wherein the second publisher frame identifies the source of the first publisher content page as the source of the second publisher content page in a header of the second publisher content frame, wherein the second publisher content page is a separate page from the first publisher content page; and providing the second publisher content page that includes the modified version of the external content to the client system, and which is an idea of in-feed encapsulation of display ads or other externally-hosted content is disclosed. In various embodiments, an indication is received that an ad to be displayed in the context of an instance of a publisher content page as rendered at a client system links out to advertising content associated with a third party site. The client system is configured to display a modified version of the advertising content in the event an indication is received that the ad has been selected.
When taken as a whole, the claims are not rendered obvious as the available prior art does not suggest or otherwise render obvious the noted features nor does the available prior art suggest or otherwise render obvious further modification of the evidence at hand. Such modifications would require substantial reconstruction relying solely on improper hindsight bias, and thus would not be obvious.
NPL Reference
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “What is Third-Party Ad Serving?” describes “Third-party ad serving happens when you visit a website like allaboutcookies.org where the content of the site comes from the site, but the ads come from another server or website. Your browser assembles the differing information fed from differing sources so all items appear on the same page. For your browser to assemble the ads correctly, the website directs your browser to collect information from a different site's ad server. The third party website creates a cookie in your browser's folder as a result.”.
Pertinent Art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference# US9880994B1 teaches similar invention which describes A native sponsored content template may be used to deploy native advertising content on a page. A native sponsored content template may be generated by analyzing and/or mimicking elements of the design (e.g., layout, display attributes, etc.) of existing articles and/or other non-sponsored content (e.g., non-advertising content) on a page. Once generated, the sponsored content template may be used to generate from existing and/or otherwise provided advertising (or other sponsored content) a native ad for a destination content page, such as a content publisher's web page, app display page, etc.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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