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 .
Response to arguments
Applicant’s arguments with respect to all pending claims have been fully considered, but they are persuasive in part because the new set of claims being provided by applicant failed to overcome the double patenting rejection. Claims 1-20 were cancelled. Claims 21-40 are added.
Regarding the double patenting rejection, the claims of the current application and the claims of the US. Patents number(11917263) disclose a common subject matter subject and another double patenting rejection is required. This action is made final.
Double patenting
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1; 3-5; 8-9; 12; 14; 20-21 of U.S. Patent No. 11917263 in view of Gabler (US.Pub.No.20020055876) . Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the referenced US. Patent and would be covered by any patent granted on that copending application since the referenced US. Patent and the instant application are claiming common subject matter, as follows:
Claim 21 of the current application corresponds to claim 1 of US. Pat(11917263).
Claim 22 of the current application corresponds to claim 3 of US. Pat(11917263).
Claim 23 of the current application corresponds to claim 1 of US. Pat(11917263 ).
Claim 24 of the current application corresponds to claim 4 of US. Pat( 11917263).
Claim 25 of the current application corresponds to claim 5 of US. Pat( 11917263).
Claim 26 of the current application corresponds to claim 9 of US. Pat(11917263 ).
Claim 27 of the current application corresponds to claim 8 of US. Pat(11917263 ).
Claim 29 of the current application corresponds to claim 12 of US. Pat(11917263 ).
Claim 30 of the current application corresponds to claim 14 of US. Pat(11917263 ).
Claim 31 of the current application corresponds to claim 20 of US. Pat( 11917263).
Claim 32 of the current application corresponds to claim 20 of US. Pat(11917263 ).
Claim 33 of the current application corresponds to claim 20 of US. Pat(11917263 ).
Claim 34 of the current application corresponds to claim 20 of US. Pat( 11917263).
Claim 35 of the current application corresponds to claim 21 of US. Pat(11917263 ).
Claim 37 of the current application corresponds to claim 12 of US. Pat( 11917263).
Claim 38 of the current application corresponds to claim 14 of US. Pat( 11917263).
Claim 39 of the current application corresponds to claim 20 of US. Pat( 11917263).
Claim 40 of the current application corresponds to claim 20 of US. Pat( 11917263).
As illustrated above, claims 1; 3-5; 8-9; 12; 14; 20-21 of the US. Patent .No. 11917263 teach the subject matter of the claims 21-40 of the instant application except the limitations:
“ wherein the plurality of selectable AA query items are used to detect at least of a gender of a viewer, an age of the viewer, or positional preferences of the viewer for the AA query items; wherein the plurality of selectable AA query items comprise gender-biased AA query items, to detect the gender of the viewer” of claims 21; 28-29;36-37.
Gabler (US.Pub.No.20090319574) et al are from the same field of endeavor as the instant application and the US.Patent.No.11917263. Gabler et al in para. 0007;0022;0027;0030 disclose advertiser specifies the profile of a consumer to whom the commercial is shown based on gender, age, language, location (country and zip/postal codes) and product preference and the viewer identification information includes an indication of the viewer's physical location, such as a zip code, an indication of the types of products the viewer is interested in, the age of the viewer, the preferred language of the viewer, gender of the viewer, and the bandwidth of the viewer's communications link. The advertising server creates 204 a viewer profile 206 based on the identifying information sent by the viewer browser and sends the viewer profile to database server 12. The database server stores 208 the viewer profile in viewer profile database 16 (FIG. 1).
Thus, it would have been obvious before the effective filing date of the claimed invention to determine gender, age, sex and demographic location associated with users for providing specific commercials as disclosed by the instant application 19098843 and as taught in para. 0007; 0022;0027;0030 by US.Pub.No. 20020055876 for the purpose of improving viewing experiences of the users accordingly.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN D SAINT CYR whose telephone number is (571)270-3224. The examiner can normally be reached 9-5.
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/JEAN D SAINT CYR/Examiner, Art Unit 2425
/Brian T Pendleton/Supervisory Patent Examiner, Art Unit 2425
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