DETAILED ACTION
This action is in reply to the original application filed on 05/02/2025.
Claims 1-7 are rejected.
Claims 1-7 are currently pending and have been examined.
Information Disclosure Statement
Information Disclosure Statements received 05/02/2025, 03/18/2026, and 07/01/2026 have been reviewed and considered.
Priority
This patent Application claims priority from Foreign Application No. JP2024-078552 filed 05/24/2024. This benefit has been received and acknowledged and therefore, the instant claims receive the effective filing date of 05/24/2024.
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 .
Claim Objections
Claim 7 objected to because of the following informalities:
-Claim 7 reads “each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective i terns includes an occupancy rate of the image to the display area” but should likely “each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective i terns includes an occupancy rate of the image to a display area”
Appropriate correction is required.
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 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories (see MPEP 2106.03). All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the Subject Matter Eligibility Test, it is determined whether the claims are directed to a judicially recognized exception (see MPEP 2106.04). Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 1 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
-at least one memory configured to store program code; and
-at least one processor configured to access the program code and operate as instructed by the program code, the program code comprising:
-an acquisition code configured to cause the at least one processor to acquire a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a [user] terminal device; and
-a transmission code configured to cause the at least one processor to transmit page information to the [user] terminal device, the page information being for causing the terminal device to display [of] a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image,
-wherein the transmission code is configured to cause the at least one processor to transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio and transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio,
-each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page,
-each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area, and
-the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode
The above limitations recite the concept of providing item corresponding to a search request in two different formats based on a ratio of items in a predetermined category. The above limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a).
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations of each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area, and the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode are processes that, under their broadest reasonable interpretation, cover a commercial interaction. For example, “display” in the context of this claim encompass advertising, and marketing or sales activities.
Similarly, the limitations of an acquisition code configured to cause the at least one processor to acquire a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a [user] terminal device; and a transmission code configured to cause the at least one processor to transmit page information to the [user] terminal device, the page information being for causing the terminal device to display [of] a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image, wherein the transmission code is configured to cause the at least one processor to transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio and transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio, and each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page are processes that, under their broadest reasonable interpretation, cover a commercial interaction. That is, other than reciting that the acquiring by an acquisition code configured to cause the at least one processor to acquire, that the search request is from a terminal device, that the transmitting is by the transmission code is configured to cause the at least one processor to transmit, that the transmitting is to the terminal device, that the displaying is by the terminal device and of a page, that the transmitting is by the transmission code is configured to cause the at least one processor to transmit, and that the display area is in a page, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “acquisition code,” “at least one processor,” “terminal device,” “transmission code,” and “a page” language “acquire,” “transmit,” “transmit,” and “displayed” in the context of this claim encompasses advertising, and marketing or sales activities.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
-at least one memory configured to store program code; and
-at least one processor configured to access the program code and operate as instructed by the program code, the program code comprising:
-an acquisition code configured to cause the at least one processor to acquire a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and
-a transmission code configured to cause the at least one processor to transmit page information to the terminal device, the page information being for causing the terminal device to display a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image,
-wherein the transmission code is configured to cause the at least one processor to transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio and transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio,
-each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page,
-each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area, and
-the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea) as supported by paragraph [0041] of Applicant’s specification – “The system controller 11 includes a central processing unit (CPU)….” Specifically, the additional elements of at least one memory configured to store program code, at least one processor configured to access the program code and operate as instructed by the program code, an acquisition code, a terminal device, a transmission code, and a page are recited at a high-level of generality (i.e. as a generic processor performing the generic computer functions of acquiring data, transmitting data, and displaying data) such that they amount do no more than mere instructions to apply the exception using generic computer components. 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. The claim is directed to an abstract idea. Further, the additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of claim 1, taken individually or as a whole, the additional elements of claim 1 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Claim 6 is a method reciting similar functions as claim 1. Examiner notes that claim 6 recites the additional elements of at least one computer, a terminal device, and a page, however, claim 6 does not qualify as eligible subject matter for similar reasons as claim 1 indicated above.
Claim 7 is a non-transitory computer readable medium reciting similar functions as claim 1. Examiner notes that claim 7 recites the additional elements of a non-transitory computer readable medium, an item information provision program, a computer, a terminal device, and a page, however, claim 7 does not qualify as eligible subject matter for similar reasons as claim 1 indicated above.
Therefore, claims 1 and 6-7 do not provide an inventive concept and do not qualify as eligible subject matter.
Dependent claims 2-5, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. § 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 2-5 recite the additional elements of two or more pages, the transmission code, the at least one processor, a first page, a second page, the terminal device, the acquisition code, the page, the program code, and a reception code, but similar to the analysis under prong two of Step 2A these additional elements are used as a tool to perform the abstract idea. As such, under prong two of Step 2A, claims 2-5 are not indicative of integration into a practical application for at least similar reasons as discussed above. Thus, dependent claims 2-5 are “directed to” an abstract idea. Next, under Step 2B, similar to the analysis of claims 1 and 6-7, dependent claims 2-5 when analyzed individually and as an ordered combination, merely further define the commonplace business method (i.e. providing item corresponding to a search request in two different formats based on a ratio of items in a predetermined category) being applied on a general-purpose computer and, therefore, do not amount to significantly more than the abstract idea itself. Accordingly, the Examiner concludes that there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sarmento et al. (US 10,304,111 B1), hereinafter Sarmento, in view of Miller et al. (US 2015/0161129 A1), hereinafter Miller.
Regarding claim 1, Sarmento discloses an item information provision device comprising:
-at least one memory configured to store program code (Sarmento, see at least: “The memory 212 may store program instructions that are loadable and executable on the processor(s) 214, as well as data generated during the execution of these programs” Col. 9 Ln. 11-13); and
-at least one processor configured to access the program code and operate as instructed by the program code (Sarmento, see at least: “These processes are illustrated as logical flow diagrams, each operation of which represents a sequence of operations that can be implemented in hardware, computer instructions, or a combination thereof. In the context of computer instructions, the operations represent computer-executable instructions stored on one or more computer-readable storage media that, when executed by one or more processors, perform the recited operations. Generally, computer-executable instructions include routines, programs, objects, components, data structures and the like that perform particular functions or implement particular data types [i.e. at least one processor configured to access the program code and operate as instructed by the program code]” Col. 16 Ln. 2-13), the program code comprising:
-an acquisition code configured to cause the at least one processor to acquire a plurality of items that have been found in response to a search request from a terminal device (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. acquire a plurality of items that have been found in response to a search request from a terminal device]” Col. 11 Ln. 40-50 and “the dynamic network content generation module 322 may be configured to generate multiple views and/or layouts by which the user may view search results. For example, a personalized search result may include a search result that is presented in a particular layout and/or a view such as a ‘list view’, a ‘grid view’, an ‘image view’, and the like to the user. A personalized search result may include a search result that is presented in a particular layout and/or view to the user, based on the category of items in the search result [i.e. to acquire items in a predetermined category included in a plurality of items that have been found], different products presented in the search result, and the like” Col. 15 Ln. 32-42 and “These processes are illustrated as logical flow diagrams, each operation of which represents a sequence of operations that can be implemented in hardware, computer instructions, or a combination thereof. In the context of computer instructions, the operations represent computer-executable instructions stored on one or more computer-readable storage media that, when executed by one or more processors, perform the recited operations. Generally, computer-executable instructions include routines, programs, objects, components, data structures and the like that perform particular functions or implement particular data types [i.e. an acquisition code configured to cause the at least one processor to]” Col. 16 Ln. 2-13); and
-a transmission code configured to cause the at least one processor to transmit page information to the terminal device, the page information being for causing the terminal device to display a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. transmit page information to the terminal device, the page information being for causing the terminal device to display a page]” Col. 11 Ln. 40-50 and “These processes are illustrated as logical flow diagrams, each operation of which represents a sequence of operations that can be implemented in hardware, computer instructions, or a combination thereof. In the context of computer instructions, the operations represent computer-executable instructions stored on one or more computer-readable storage media that, when executed by one or more processors, perform the recited operations. Generally, computer-executable instructions include routines, programs, objects, components, data structures and the like that perform particular functions or implement particular data types [i.e. a transmission code configured to cause the at least one processor to]” Col. 16 Ln. 2-13 and at least Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image]),
-wherein the transmission code is configured to cause the at least one processor to transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode and transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode (Sarmento, see at least: “FIG. 11 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘list’ layout [i.e. transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode], based on fingerprint information related to a query. In FIG. 11, the example environment 1100 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 20 Ln. 66-67 & Col. 21 Ln. 1-5 and “FIG. 12 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘grid’ layout [i.e. transmit the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode], based on fingerprint information related to a query. In FIG. 12, the example environment 1200 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 21 Ln. 26-32 and “These processes are illustrated as logical flow diagrams, each operation of which represents a sequence of operations that can be implemented in hardware, computer instructions, or a combination thereof. In the context of computer instructions, the operations represent computer-executable instructions stored on one or more computer-readable storage media that, when executed by one or more processors, perform the recited operations. Generally, computer-executable instructions include routines, programs, objects, components, data structures and the like that perform particular functions or implement particular data types [i.e. wherein the transmission code is configured to]” Col. 16 Ln. 2-13 and at least Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. displaying the two or more pieces of information on the two or more respective items]),
-each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page (Sarmento, see at least: “FIG. 11 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘list’ layout [i.e. each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page], based on fingerprint information related to a query. In FIG. 11, the example environment 1100 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 20 Ln. 66-67 & Col. 21 Ln. 1-5 and “FIG. 12 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘grid’ layout [i.e. each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page], based on fingerprint information related to a query. In FIG. 12, the example environment 1200 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 21 Ln. 26-32 and Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page]),
-each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area (Sarmento, see at least: “The customized layout templates may for example, overlay and/or align items of the search results in a fixed width layout, in a variable width layout, within a specified horizontal and vertical distance and so on [i.e. an occupancy rate of the image to the display area]” Col. 28 Ln. 31-34; Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area]), and
-the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode (Sarmento, see at least: “The customized layout templates may for example, overlay and/or align items of the search results in a fixed width layout, in a variable width layout, within a specified horizontal and vertical distance and so on [i.e. the occupancy rate]” Col. 28 Ln. 31-34; Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode]).
Sarmento does not explicitly disclose acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and displaying the two or more pieces of information on the two or more respective items a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio and displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio.
Miller, however, teaches formatting search results (i.e. [0022]), including the known technique of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score [i.e. in response to a search request from a terminal device]. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. acquire a ratio of items in a predetermined category included in a plurality of items that have been found]” [0099] and “Based on a determination that the quantity of matching keywords satisfies a keyword threshold, classifier component 440 may assign the document to a first category (e.g., the high image intent category). If, however, classifier component 440 determines that the quantity of matching keywords does not satisfy another keyword threshold identified by the classification metrics, then classifier component 440 may assign the document to a second category (e.g., the low image intent category). Classifier component 440 may, alternatively, assign the document to a third category (e.g., a neutral image intent category or some other category) [i.e. in a predetermined category included in a plurality of items that have been found] based on a determination that the quantity of matching keywords does not satisfy the keyword threshold and satisfies the other keyword threshold” [0084]); and
the known technique of displaying the two or more pieces of information on the two or more respective items a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio and displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio]” [0099] and “Classification component 440 may also, or alternatively, determine that the search results are to be provided without the image results when a quantity of documents, with an image intent score that does not satisfy the low image intent threshold, is greater than a quantity of documents with an image intent score that satisfies the low image intent threshold. Classification component 440 may also, or alternatively, determine that the search results and the image results are to be provided when a quantity of documents with an image intent score that does not satisfy the high image intent threshold and satisfies the low image intent threshold, is greater than a quantity of documents with an image intent score that satisfies the high image intent threshold or does not satisfy the low image intent threshold [i.e. displaying the two or more pieces of information on the two or more respective items a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio]” [0100] and Fig. 1C displays that the results include a name and preview of the text [i.e. two or more pieces of information on the two or more respective items]). These known techniques are applicable to the item information provision device of Sarmento as they both share characteristics and capabilities, namely, they are directed to formatting search results.
It would have been recognized that applying the known techniques of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and displaying the two or more pieces of information on the two or more respective items a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio and displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio, as taught by Miller, to the teachings of Sarmento would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar item information provision devices. Further, adding the modifications of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and displaying the two or more pieces of information on the two or more respective items a predetermined first display mode in a case where the acquired ratio is lower than a predetermined ratio and displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode in a case where the acquired ratio is equal to or higher than the predetermined ratio, as taught by Miller, into the item information provision device of Sarmento would have been recognized by those of ordinary skill in the art as resulting in an improved item information provision device that would retrieve image results that are relevant to the search query (Miller, [0085]).
Regarding claim 3, Sarmento in view Miller teaches the item information provision device according to claim 1. Sarmento further discloses:
-wherein pieces of information on the plurality of respective found items are included across two or more pages in units of a predetermined number of items (Sarmento, see at least: Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively, of a larger number results [i.e. wherein pieces of information on the plurality of respective found items are included across two or more pages in units of a predetermined number of items]),
-the transmission code is configured to cause the at least one processor to transmit the page information of a first page among the two or more pages in response to the search request, and transmit the page information of a second page different from the first page among the two or more pages in response to a further request from the terminal device after the page information of the first page is transmitted (Sarmento, see at least: “FIG. 6 illustrates a flow diagram of an example process 600 for modifying a user experience for a user for a query submitted by the user based on fingerprint information, described herein. The process at 600 may begin at 602 by receiving a query submitted by a user of the electronic marketplace [i.e. transmit the page information of a first page among the two or more pages in response to the search request]” Col. 17 Ln. 60-65 and “the search results presented to the user may be modified by arranging the items of the search result as a ‘list’ of scrollable items [i.e. in response to a further request from the terminal device after the page information of the first page is transmitted]” Col. 5 Ln. 26-28 and see also Col. 16 Ln. 2-13 regarding ‘the transmission code is configured to cause the at least one processor to transmit’; Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively, of a larger number results that are viewed when the user scrolls to a page with next amount of results [i.e. transmit the page information of a second page different from the first page among the two or more pages in response to a further request from the terminal device after the page information of the first page is transmitted]),
-the acquisition code is configured to cause the at least one processor configured to acquire two or more first items included in the plurality of found items (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. acquire two or more first items included in the plurality of found items]” Col. 11 Ln. 40-50 and see also Col. 16 Ln. 2-13 regarding ‘the acquisition code is configured to cause the at least one processor configured to acquire’; Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively [i.e. acquire two or more first items included in the plurality of found items], of a larger number results),
-two or more pieces of information on the two or more respective first items are included in the first page (Sarmento, see at least: Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. -two or more pieces of information on the two or more respective first items] and show that the results on the page are only results 1-20 and 1-16, respectively [i.e. on the two or more respective first items are included in the first page], of a larger number results), and
-the transmission code is configured to cause the at least one processor to transmit the page information for displaying the two or more pieces of information on the two or more respective items in a display mode acquired for the first page among the first display mode and the second display mode, regardless of whether the page information of the first page or the page information of the second page is transmitted (Sarmento, see at least: “the search results presented to the user may be modified by arranging the items of the search result as a ‘list’ of scrollable items, based on the fingerprint information. In other examples, the search results presented to the user may be modified by arranging the items of the search result in a two-dimensional, scrollable ‘grid’ layout [i.e. transmit the page information for displaying the two or more pieces of information on the two or more respective items in a display mode acquired for the first page among the first display mode and the second display mode, regardless of whether the page information of the first page or the page information of the second page is transmitted]” Col. 5 Ln. 26-32 and see also Col. 16 Ln. 2-13 regarding ‘the transmission code is configured to cause the at least one processor to transmit’; Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively, of a larger number results that are viewed when the user scrolls to a page with next amount of results which remain in either the list or grid layout [i.e. regardless of whether the page information of the first page or the page information of the second page is transmitted]).
Sarmento does not explicitly disclose acquire the ratio of items in the predetermined category among two or more first items; and a display mode corresponding to the ratio acquired for the first page.
Miller, however, teaches formatting search results (i.e. [0022]), including the known technique of acquire the ratio of items in the predetermined category among two or more first items (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. acquire the ratio of items in the predetermined category among two or more first items]” [0099] and “Based on a determination that the quantity of matching keywords satisfies a keyword threshold, classifier component 440 may assign the document to a first category (e.g., the high image intent category). If, however, classifier component 440 determines that the quantity of matching keywords does not satisfy another keyword threshold identified by the classification metrics, then classifier component 440 may assign the document to a second category (e.g., the low image intent category). Classifier component 440 may, alternatively, assign the document to a third category (e.g., a neutral image intent category or some other category) [i.e. in the predetermined category] based on a determination that the quantity of matching keywords does not satisfy the keyword threshold and satisfies the other keyword threshold” [0084]); and
the known technique of a display mode corresponding to the ratio acquired for the first page (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score [i.e. a display mode]. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. corresponding to the ratio acquired for the first page]” [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sarmento with Miller for the reasons identified above with respect to claim 1.
Regarding claim 4, Sarmento in view Miller teaches the item information provision device according to claim 1.
Sarmento does not explicitly disclose a rank being assigned to each of the plurality of found items, the transmission code being configured to cause the at least one processor to transmit the page information for displaying the page including the two or more pieces of information on the two or more respective items in order according to ranks assigned to the plurality of found items, and the acquisition code being configured to cause the at least one processor to acquire, in a case where the number of the plurality of found items exceeds a predetermined number, the ratio of the items in the predetermined category among the predetermined number of items that have higher ranks among the plurality of found items.
Miller, however, teaches formatting search results (i.e. [0022]), including the known technique of a rank is assigned to each of the plurality of found items (Miller, see at least: “Search component 420 may rank the search results based on the scores. For example, search component 420 may create a list of search results and sort the search results, in the list, based on the scores of the search results [i.e. wherein a rank is assigned to each of the plurality of found items]” [0073]),
the known technique of the transmission code being configured to cause the at least one processor to transmit the page information for displaying the page including the two or more pieces of information on the two or more respective items in order according to ranks assigned to the plurality of found items (Miller, see at least: “search system 225 may, as described above, provide the selected search results, to client 210, in an order that is based on combined scores associated with the second scores and the scores that are based on the measure of relevance to the search query. Additionally, or alternatively, search system 225 may provide, to client 210, a search results document, such as an HTML-based document, that includes the selected search results ranked in one of the orders described above [i.e. transmit the page information for displaying the page including the two or more pieces of information on the two or more respective items in order according to ranks assigned to the plurality of found items]” [0134] and “It will be apparent that systems and methods, as described above, may be implemented in many different forms of software, firmware, and hardware in the implementations illustrated in the figures. The actual software code or specialized control hardware used to implement these systems and methods is not limiting of the implementations [i.e. the transmission code is configured to cause the at least one processor to transmit]” [0141] and Fig. 1C displays that the results include a name and preview of the text [i.e. the page including the two or more pieces of information on the two or more respective items]), and
the known technique of the acquisition code being configured to cause the at least one processor to acquire, in a case where the number of the plurality of found items exceeds a predetermined number, the ratio of the items in the predetermined category among the predetermined number of items that have higher ranks among the plurality of found items (Miller, see at least: “search system 225 may determine that the image results are to be provided, without the search results, when a quantity of all or a portion of the documents, e.g., top 5, top 10, top 100, etc., with image intent scores that satisfy another first threshold, associated with high image intent, is greater than a quantity of all or a portion of the documents, e.g., top 5, top 10, top 100, etc., with image intent scores that do not satisfy the other first threshold [i.e. acquire, in a case where the number of the plurality of found items exceeds a predetermined number, the ratio of the items in the predetermined category among the predetermined number of items that have higher ranks among the plurality of found items]” [0126] and “Search component 420 may rank the search results based on the scores [i.e. the ratio of the items in the predetermined category among the predetermined number of items that have higher ranks among the plurality of found items]” [0073] and “Based on a determination that the quantity of matching keywords satisfies a keyword threshold, classifier component 440 may assign the document to a first category (e.g., the high image intent category). If, however, classifier component 440 determines that the quantity of matching keywords does not satisfy another keyword threshold identified by the classification metrics, then classifier component 440 may assign the document to a second category (e.g., the low image intent category). Classifier component 440 may, alternatively, assign the document to a third category (e.g., a neutral image intent category or some other category) [i.e. in the predetermined category] based on a determination that the quantity of matching keywords does not satisfy the keyword threshold and satisfies the other keyword threshold” [0084] and “It will be apparent that systems and methods, as described above, may be implemented in many different forms of software, firmware, and hardware in the implementations illustrated in the figures. The actual software code or specialized control hardware used to implement these systems and methods is not limiting of the implementations [i.e. the acquisition code is configured to cause the at least one processor to acquire]” [0141]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sarmento with Miller for the reasons identified above with respect to claim 1.
Regarding claim 5, Sarmento in view Miller teaches the item information provision device according to claim 1. Sarmento further discloses:
-wherein each of the first display mode and the second display mode includes a display format of the two or more pieces of information of the respective two or more items (Sarmento, see at least: “FIG. 11 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘list’ layout, based on fingerprint information related to a query. In FIG. 11, the example environment 1100 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 20 Ln. 66-67 & Col. 21 Ln. 1-5 and “FIG. 12 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘grid’ layout, based on fingerprint information related to a query. In FIG. 12, the example environment 1200 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 21 Ln. 26-32 and at least Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. wherein each of the first display mode and the second display mode includes a display format of the two or more pieces of information of the respective two or more items]),
-the display format in the first display mode is a list format (Sarmento, see at least: “FIG. 11 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘list’ layout, based on fingerprint information related to a query. In FIG. 11, the example environment 1100 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 20 Ln. 66-67 & Col. 21 Ln. 1-5 and Fig. 11),
-the display format in the second display mode is a grid format (Sarmento, see at least: “FIG. 12 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘grid’ layout, based on fingerprint information related to a query. In FIG. 12, the example environment 1200 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 21 Ln. 26-32 and Fig. 12),
-the program code further comprises a reception code configured to cause the at least one processor to receive setting of the display format from the terminal device (Sarmento, see at least: Figs. 11-12 display an option at the top of the page (‘View as’) to select a particular layout [i.e. receive setting of the display format from the terminal device]; and see also Col. 16 Ln. 2-13 regarding ‘the program code further comprises a reception code configured to cause the at least one processor to receive’), and
-the transmission code is configured to cause the at least one processor to transmit, in response to the search request after the setting of the display format to the list format is received by the reception code, the page information for displaying the two or more pieces of information on the two or more respective items in the first display mode even in a case where the plurality of items found in response to the search request is associated with the second display mode (Sarmento, see at least: “the dynamic network content generation module 322 may be configured to generate multiple views and/or layouts by which the user may view search results. For example, a personalized search result may include a search result that is presented in a particular layout and/or a view such as a ‘list view’, a ‘grid view’, an ‘image view’, and the like to the user. A personalized search result may include a search result that is presented in a particular layout and/or view to the user, based on the category of items in the search result [i.e. in response to the search request after the setting of the display format to the list format is received by the reception code], different products presented in the search result, and the like” Col. 15 Ln. 32-42 and see also Col. 16 Ln. 2-13 regarding ‘the transmission code is configured to cause the at least one processor to transmit’; Figs. 11-12 display an option at the top of the page (‘View as’) to select a particular layout [i.e. transmit, in response to the search request after the setting of the display format to the list format is received by the reception code, the page information for displaying the two or more pieces of information on the two or more respective items in the first display mode even in a case where the plurality of items found in response to the search request is associated with the second display mode]).
Sarmento does not explicitly disclose the ratio of the items in the predetermined category included in the plurality of items found in response to the search request being equal to or higher than the predetermined ratio.
Miller, however, teaches formatting search results (i.e. [0022]), including the known technique of the ratio of the items in the predetermined category included in the plurality of items found in response to the search request being equal to or higher than the predetermined ratio (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score [i.e. found in response to the search request]. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. the ratio of the items in the predetermined category included in the plurality of items found in response to the search request is equal to or higher than the predetermined ratio]” [0099] and “Based on a determination that the quantity of matching keywords satisfies a keyword threshold, classifier component 440 may assign the document to a first category (e.g., the high image intent category) [i.e. in the predetermined category included in the plurality of items found]. If, however, classifier component 440 determines that the quantity of matching keywords does not satisfy another keyword threshold identified by the classification metrics, then classifier component 440 may assign the document to a second category (e.g., the low image intent category). Classifier component 440 may, alternatively, assign the document to a third category (e.g., a neutral image intent category or some other category) based on a determination that the quantity of matching keywords does not satisfy the keyword threshold and satisfies the other keyword threshold” [0084]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sarmento with Miller for the reasons identified above with respect to claim 1.
Regarding claim 6, Sarmento discloses an item information provision method performed by at least one computer, the method comprising:
-acquiring a plurality of items that have been found in response to a search request from a terminal device (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. acquiring a plurality of items that have been found in response to a search request from a terminal device]” Col. 11 Ln. 40-50 and “the dynamic network content generation module 322 may be configured to generate multiple views and/or layouts by which the user may view search results. For example, a personalized search result may include a search result that is presented in a particular layout and/or a view such as a ‘list view’, a ‘grid view’, an ‘image view’, and the like to the user. A personalized search result may include a search result that is presented in a particular layout and/or view to the user, based on the category of items in the search result [i.e. acquiring a plurality of items that have been found], different products presented in the search result, and the like” Col. 15 Ln. 32-42); and
-transmitting page information to the terminal device, the page information being for causing the terminal device to display a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. transmitting page information to the terminal device, the page information being for causing the terminal device to display a page]” Col. 11 Ln. 40-50 and at least Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image]),
-wherein the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted (Sarmento, see at least: “FIG. 11 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘list’ layout [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted], based on fingerprint information related to a query. In FIG. 11, the example environment 1100 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 20 Ln. 66-67 & Col. 21 Ln. 1-5 and “FIG. 12 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘grid’ layout [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted], based on fingerprint information related to a query. In FIG. 12, the example environment 1200 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 21 Ln. 26-32 and at least Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. displaying the two or more pieces of information on the two or more respective items]),
-each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page (Sarmento, see at least: “FIG. 11 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘list’ layout [i.e. each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page], based on fingerprint information related to a query. In FIG. 11, the example environment 1100 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 20 Ln. 66-67 & Col. 21 Ln. 1-5 and “FIG. 12 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘grid’ layout [i.e. each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page], based on fingerprint information related to a query. In FIG. 12, the example environment 1200 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 21 Ln. 26-32 and Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. each of the two or more pieces of information on the two or more respective items is displayed in a respective display area in the page]),
-each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area (Sarmento, see at least: “The customized layout templates may for example, overlay and/or align items of the search results in a fixed width layout, in a variable width layout, within a specified horizontal and vertical distance and so on [i.e. an occupancy rate of the image to the display area]” Col. 28 Ln. 31-34; Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area]), and
-the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode (Sarmento, see at least: “The customized layout templates may for example, overlay and/or align items of the search results in a fixed width layout, in a variable width layout, within a specified horizontal and vertical distance and so on [i.e. the occupancy rate]” Col. 28 Ln. 31-34; Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode]).
Sarmento does not explicitly disclose acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio.
Miller, however, teaches formatting search results (i.e. [0022]), including the known technique of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score [i.e. in response to a search request from a terminal device]. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. acquiring a ratio of items in a predetermined category included in a plurality of items that have been found]” [0099] and “Based on a determination that the quantity of matching keywords satisfies a keyword threshold, classifier component 440 may assign the document to a first category (e.g., the high image intent category). If, however, classifier component 440 determines that the quantity of matching keywords does not satisfy another keyword threshold identified by the classification metrics, then classifier component 440 may assign the document to a second category (e.g., the low image intent category). Classifier component 440 may, alternatively, assign the document to a third category (e.g., a neutral image intent category or some other category) [i.e. in a predetermined category included in a plurality of items that have been found] based on a determination that the quantity of matching keywords does not satisfy the keyword threshold and satisfies the other keyword threshold” [0084]); and
the known technique of the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio]” [0099] and “Classification component 440 may also, or alternatively, determine that the search results are to be provided without the image results when a quantity of documents, with an image intent score that does not satisfy the low image intent threshold, is greater than a quantity of documents with an image intent score that satisfies the low image intent threshold. Classification component 440 may also, or alternatively, determine that the search results and the image results are to be provided when a quantity of documents with an image intent score that does not satisfy the high image intent threshold and satisfies the low image intent threshold, is greater than a quantity of documents with an image intent score that satisfies the high image intent threshold or does not satisfy the low image intent threshold [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio]” [0100] and Fig. 1C displays that the results include a name and preview of the text [i.e. the two or more pieces of information on the two or more respective items]). These known techniques are applicable to the item information provision method of Sarmento as they both share characteristics and capabilities, namely, they are directed to formatting search results.
It would have been recognized that applying the known techniques of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio, as taught by Miller, to the teachings of Sarmento would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar item information provision methods. Further, adding the modifications of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio, as taught by Miller, into the item information provision method of Sarmento would have been recognized by those of ordinary skill in the art as resulting in an improved item information provision method that would retrieve image results that are relevant to the search query (Miller, [0085]).
Regarding claim 7, Sarmento discloses a non-transitory computer readable medium having stored thereon an item information provision program configured to cause a computer to:
-acquire a plurality of items that have been found in response to a search request from a terminal device (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. acquire a plurality of items that have been found in response to a search request from a terminal device]” Col. 11 Ln. 40-50 and “the dynamic network content generation module 322 may be configured to generate multiple views and/or layouts by which the user may view search results. For example, a personalized search result may include a search result that is presented in a particular layout and/or a view such as a ‘list view’, a ‘grid view’, an ‘image view’, and the like to the user. A personalized search result may include a search result that is presented in a particular layout and/or view to the user, based on the category of items in the search result [i.e. acquire a plurality of items that have been found], different products presented in the search result, and the like” Col. 15 Ln. 32-42); and
-transmit page information to the terminal device, the page information being for causing the terminal device to display a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. transmit page information to the terminal device, the page information being for causing the terminal device to display a page]” Col. 11 Ln. 40-50 and at least Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. a page including two or more pieces of information on two or more respective items among the plurality of found items, each of the two or more pieces of information on the two or more respective items including an image]),
-wherein the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted (Sarmento, see at least: “FIG. 11 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘list’ layout [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted], based on fingerprint information related to a query. In FIG. 11, the example environment 1100 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 20 Ln. 66-67 & Col. 21 Ln. 1-5 and “FIG. 12 is an exemplary illustration of modified search results presented to a user in which items of the search results are arranged in accordance with a ‘grid’ layout [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted], based on fingerprint information related to a query. In FIG. 12, the example environment 1200 may be a graphical user interface viewable via a browser application (e.g., via the browser application 206) on the user's device” Col. 21 Ln. 26-32 and at least Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. displaying the two or more pieces of information on the two or more respective items]),
-each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area (Sarmento, see at least: “The customized layout templates may for example, overlay and/or align items of the search results in a fixed width layout, in a variable width layout, within a specified horizontal and vertical distance and so on [i.e. an occupancy rate of the image to the display area]” Col. 28 Ln. 31-34; Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. each of the first display mode and the second display mode of the two or more pieces of information on the two or more respective items includes an occupancy rate of the image to the display area]), and
-each of the first display mode and the second display mode includes an occupancy rate of the image to the display area (Sarmento, see at least: “The customized layout templates may for example, overlay and/or align items of the search results in a fixed width layout, in a variable width layout, within a specified horizontal and vertical distance and so on [i.e. an occupancy rate of the image to the display area]” Col. 28 Ln. 31-34; Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. each of the first display mode and the second display mode includes an occupancy rate of the image to the display area]), and
-the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode (Sarmento, see at least: Fig. 11 displays a list format where the image is smaller and to the left, the price is in the center and the rating is to the right; Fig. 12 displays a grid format where the image is larger with the price and rating underneath it [i.e. the occupancy rate in the second display mode is higher than the occupancy rate in the first display mode]).
Sarmento does not explicitly disclose acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio.
Miller, however, teaches formatting search results (i.e. [0022]), including the known technique of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score [i.e. in response to a search request from a terminal device]. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. acquire a ratio of items in a predetermined category included in a plurality of items that have been found]” [0099] and “Based on a determination that the quantity of matching keywords satisfies a keyword threshold, classifier component 440 may assign the document to a first category (e.g., the high image intent category). If, however, classifier component 440 determines that the quantity of matching keywords does not satisfy another keyword threshold identified by the classification metrics, then classifier component 440 may assign the document to a second category (e.g., the low image intent category). Classifier component 440 may, alternatively, assign the document to a third category (e.g., a neutral image intent category or some other category) [i.e. in a predetermined category included in a plurality of items that have been found] based on a determination that the quantity of matching keywords does not satisfy the keyword threshold and satisfies the other keyword threshold” [0084]); and
the known technique of the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio]” [0099] and “Classification component 440 may also, or alternatively, determine that the search results are to be provided without the image results when a quantity of documents, with an image intent score that does not satisfy the low image intent threshold, is greater than a quantity of documents with an image intent score that satisfies the low image intent threshold. Classification component 440 may also, or alternatively, determine that the search results and the image results are to be provided when a quantity of documents with an image intent score that does not satisfy the high image intent threshold and satisfies the low image intent threshold, is greater than a quantity of documents with an image intent score that satisfies the high image intent threshold or does not satisfy the low image intent threshold [i.e. the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio]” [0100] and Fig. 1C displays that the results include a name and preview of the text [i.e. the two or more pieces of information on the two or more respective items]). These known techniques are applicable to the non-transitory computer readable medium of Sarmento as they both share characteristics and capabilities, namely, they are directed to formatting search results.
It would have been recognized that applying the known techniques of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio, as taught by Miller, to the teachings of Sarmento would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar non-transitory computer readable mediums. Further, adding the modifications of acquiring a ratio of items in a predetermined category included in a plurality of items that have been found in response to a search request from a terminal device; and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined first display mode is transmitted in a case where the acquired ratio is lower than a predetermined ratio and the page information for displaying the two or more pieces of information on the two or more respective items in a predetermined second display mode is transmitted in a case where the acquired ratio is equal to or higher than the predetermined ratio, as taught by Miller, into the non-transitory computer readable medium of Sarmento would have been recognized by those of ordinary skill in the art as resulting in an improved item non-transitory computer readable medium that would retrieve image results that are relevant to the search query (Miller, [0085]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sarmento, in view of Miller, in further view Mysen et al. (US 2018/0285953 A1), hereinafter Mysen.
Regarding claim 2, Sarmento in view Miller teaches the item information provision device according to claim 1. Sarmento further discloses:
-wherein pieces of information on the plurality of respective found items are included across two or more pages in units of a predetermined number of items (Sarmento, see at least: Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively, of a larger number results [i.e. wherein pieces of information on the plurality of respective found items are included across two or more pages in units of a predetermined number of items])
-the transmission code is configured to cause the at least one processor to transmit the page information of a first page among the two or more pages in response to the search request, and transmit the page information of a second page different from the first page among the two or more pages in response to a further request from the terminal device after the page information of the first page is transmitted (Sarmento, see at least: “FIG. 6 illustrates a flow diagram of an example process 600 for modifying a user experience for a user for a query submitted by the user based on fingerprint information, described herein. The process at 600 may begin at 602 by receiving a query submitted by a user of the electronic marketplace [i.e. transmit the page information of a first page among the two or more pages in response to the search request]” Col. 17 Ln. 60-65 and “the search results presented to the user may be modified by arranging the items of the search result as a ‘list’ of scrollable items [i.e. in response to a further request from the terminal device after the page information of the first page is transmitted]” Col. 5 Ln. 26-28 and see also Col. 16 Ln. 2-13 regarding ‘the transmission code is configured to cause the at least one processor to transmit’; Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively, of a larger number results that are viewed when the user scrolls to a page with next amount of results [i.e. transmit the page information of a second page different from the first page among the two or more pages in response to a further request from the terminal device after the page information of the first page is transmitted]),
-the acquisition code is configured to cause the at least one processor to acquire, in response to the search request from the terminal device, two or more first items included in the plurality of found items and acquire, in response to the further request from the terminal device, two or more second items included in the plurality of found items (Sarmento, see at least: “In accordance with at least one embodiment, the graphical user interface 314 may be configured to implement one or more user interface elements to enable users on devices 302, 304 and 306 to interact with the electronic marketplace website while searching for, browsing, or purchasing items via the electronic marketplace 110. As an example, a user may utilize a user interface element to submit a search query to the electronic marketplace. The user may utilize the user interface to view search results related to a query, various categories of information related to the query, and the like [i.e. acquire, in response to the search request from the terminal device, two or more first items included in the plurality of found items]” Col. 11 Ln. 40-50 and “the search results presented to the user may be modified by arranging the items of the search result as a ‘list’ of scrollable items [i.e. acquire, in response to the further request from the terminal device, two or more second items included in the plurality of found items]” Col. 5 Ln. 26-28 and see also Col. 16 Ln. 2-13 regarding ‘the acquisition code is configured to cause the at least one processor to acquire’; Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively, of a larger number results that are viewed when the user scrolls to a page with next amount of results [i.e. acquire, in response to the further request from the terminal device, two or more second items included in the plurality of found items]),
-two or more pieces of information on the two or more respective first items are included in the first page (Sarmento, see at least: Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. two or more pieces of information on the two or more respective first items] and the results on the page are only results 1-20 and 1-16, respectively, [i.e. are included in the first page] of a larger number results),
-two or more pieces of information on the two or more respective second items are included in the second page (Sarmento, see at least: Figs. 11-12 display interface formats of search results that both include an image, cost, and rating of each respective item in the results [i.e. two or more pieces of information on the two or more respective second items] and the results on the page are only results 1-20 and 1-16, respectively, of a larger number results that can be accessed on a second page [i.e. included in the second page]),
-the transmission code is configured to cause the at least one processor to transmit, in a case of transmitting the page information of the first page, the page information for displaying the two or more pieces of information on the two or more respective first items in a display mode acquired for the first page among the first display mode and the second display mode, and transmit, in a case of transmitting the page information of the second page, the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode among the first display mode and the second display mode (Sarmento, see at least: “the search results presented to the user may be modified by arranging the items of the search result as a ‘list’ of scrollable items, based on the fingerprint information [i.e. transmit, in a case of transmitting the page information of the first page, the page information for displaying the two or more pieces of information on the two or more respective first items in a display mode acquired for the first page among the first display mode and the second display mode]. In other examples, the search results presented to the user may be modified by arranging the items of the search result in a two-dimensional, scrollable ‘grid’ layout” Col. 5 Ln. 26-32 and see also Col. 16 Ln. 2-13 regarding ‘the transmission code is configured to cause the at least one processor to transmit’; Figs. 11-12 show that the results on the page are only results 1-20 and 1-16, respectively, of a larger number results that are viewed when the user scrolls to a page with next amount of results [i.e. and transmit, in a case of transmitting the page information of the second page, the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode among the first display mode and the second display mode])
Sarmento does not explicitly disclose acquiring, in response to the search request from the terminal device, the ratio of items in the predetermined category among two or more first items included in the plurality of found items and acquiring, the ratio of items in the predetermined category among two or more second items included in the plurality of found items; and a display mode corresponding to the ratio acquired for the first page among the first display mode and the second display mode and a display mode corresponding to the ratio acquired among the first display mode and the second display mode.
Miller, however, teaches formatting search results (i.e. [0022]), including the known technique of acquire the ratio of items in the predetermined category among two or more first items included in the plurality of found items and acquire, the ratio of items in the predetermined category among two or more second items included in the plurality of found items (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. acquire the ratio of items in the predetermined category among two or more first items included in the plurality of found items and acquire, the ratio of items in the predetermined category among two or more second items included in the plurality of found items]” [0099] and “Based on a determination that the quantity of matching keywords satisfies a keyword threshold, classifier component 440 may assign the document to a first category (e.g., the high image intent category). If, however, classifier component 440 determines that the quantity of matching keywords does not satisfy another keyword threshold identified by the classification metrics, then classifier component 440 may assign the document to a second category (e.g., the low image intent category). Classifier component 440 may, alternatively, assign the document to a third category (e.g., a neutral image intent category or some other category) [i.e. in the predetermined category] based on a determination that the quantity of matching keywords does not satisfy the keyword threshold and satisfies the other keyword threshold” [0084]);
the known technique of a display mode corresponding to the ratio acquired for the first page among the first display mode and the second display mode and a display mode corresponding to the ratio acquired among the first display mode and the second display mode (Miller, see at least: “Classifier component 440 may determine whether to provide the search results without image results, the search results with the image results, or the image results without the search results based on the image intent score. For example, classification component 440 may determine that all or a portion of the image results, e.g., top 10, top 20, top 50, etc., are to be provided without the search results when a quantity of documents, with an image intent score, e.g., based on the total score and/or the weighted score, that satisfies the high image intent threshold, is greater than a quantity of documents with an image intent score that does not satisfy the high image intent threshold [i.e. a display mode corresponding to the ratio acquired for the first page among the first display mode and the second display mode and a display mode corresponding to the ratio acquired among the first display mode and the second display mode]” [0099]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sarmento with Miller for the reasons identified above with respect to claim 1.
Sarmento in view of Miller do not explicitly teach transmit, in a case of transmitting the page information of the second page, the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode acquired for the second page among the first display mode and the second display mode.
Mysen, however, teaches formatting results (i.e. [0016]) including the known technique of transmit, in a case of transmitting the page information of the first page, the page information for displaying the two or more pieces of information on the two or more respective first items in a display mode corresponding to the first page among the first display mode and the second display mode, and transmit, in a case of transmitting the page information of the second page, the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode corresponding to the second page among the first display mode and the second display mode (Mysen, see at least: “the advertisement distribution system may serve several advertisements to a recipient in the form of a list of relevant products and their corresponding prices in response to the recipient submitting a specific query. In another example, the advertisement distribution system may serve one or more advertisements in a first format [i.e. transmit, in a case of transmitting the page information of the first page, the page information for displaying the two or more pieces of information on the two or more respective first items in a display mode corresponding to the first page among the first display mode] and one or more additional advertisements in a second format, different than the first format [i.e. the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode corresponding to the second page among the first display mode and the second display mode]” [0016] and “The tab 470 is configured to expand or to navigate to another web page that displays additional advertisements [i.e. in a case of transmitting the page information of the second page]” [0054] and “For example, the user interface may include scrolling or paging mechanisms [i.e. transmit, in a case of transmitting the page information of the second page] that enable an individual to scroll the advertisement to view additional information … the user interface may include refinement buttons to search or sort information presented by the user interface, for example, by price or product features. Each of these different user interfaces represents a different format in which to present the search results [i.e. the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode corresponding to the second page among the first display mode and the second display mode]” [0033]). This known technique is applicable to the item information provision device of Sarmento in view of Miller as they both share characteristics and capabilities, namely, they are directed to formatting results.
It would have been recognized that applying the known technique of transmit, in a case of transmitting the page information of the first page, the page information for displaying the two or more pieces of information on the two or more respective first items in a display mode corresponding to the first page among the first display mode and the second display mode, and transmit, in a case of transmitting the page information of the second page, the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode corresponding to the second page among the first display mode and the second display mode, as taught by Mysen, to the teachings of Sarmento in view of Miller would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar item information provision devices. Further, adding the modification of transmit, in a case of transmitting the page information of the first page, the page information for displaying the two or more pieces of information on the two or more respective first items in a display mode corresponding to the first page among the first display mode and the second display mode, and transmit, in a case of transmitting the page information of the second page, the page information for displaying the two or more pieces of information on the two or more respective second items in a display mode corresponding to the second page among the first display mode and the second display mode, as taught by Mysen, into the item information provision device of Sarmento in view of Miller would have been recognized by those of ordinary skill in the art as resulting in an improved item information provision device that would improve the rate of selection (Mysen, [0045]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Haas et al. (US 2019/0340700 A1) teaches determining a user interface format to present to a user.
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/ARIELLE E WEINER/ Primary Examiner, Art Unit 3689
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