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 .
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.
Double Patenting
1. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-25 are provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-26 of a related Application No. 19/398,754. Although the conflicting claims are not identical, they are not patentably distinct from each other because the limitations of the claims in the current application are encompassed in the previous application. The latter pending application encompasses the same process as the pending application and is a slightly different version of the previous application because of rearrangement of the claims language.
Claim Rejections - 35 USC § 103
2. 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.
Claim(s) 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Simmons et al. (US Patent Application Publication 2012/0323674 A1, Pub. Date: Dec. 20, 2012).
Regarding claim 1:
Simmons described a method comprising: providing a data distribution system in communication with one or more weather data source systems, one or more market data source systems and at least one user device via at least one network, the data distribution system comprising (0043, predicting performance of advertising placements based on current market conditions, 0084, response rates to certain types of advertisements may be correlated to stock market movements. The historic event data 154 may include, but is not limited to, weather data) a processing device and a memory storing computer-readable instructions (0101 using computer); collecting, by the data distribution system, weather data from among the one or more weather data source systems, the weather data comprising a plurality of formats; reformatting, by the data distribution system (0143, data may be collected based at least in part on the interactions of the plurality of digital media users and the selected advertising content, and this data may be used to optimize the algorithms and select new or different advertising content for presentation to the plurality of digital media users, fig. 8a, 8b different format, fig. 9, 10, reformat, 0084, 0112, not limited to weather data), the weather data to generate a weather forecast dataset having a singular format (0093, treat multiple exchanges as a single source of inventory), wherein the reformatting comprises segmenting the weather data into a plurality of weather data segments to form a time series dataset configured to be processed by a time series server (0093, real-time bidding system 100A), each weather data segment of the plurality of weather data segments comprising a respective exchange time (0101, ad exchange 110, real-time bidding system); collecting, by the data distribution system, financial market data from among the one or more market data source systems (0110, dynamic and/or static marketing objectives), the financial market data associated with one or more exchange times and configured to be processed by the time series server (0101, ad exchange 110, real-time bidding system); in a manner indicating a correlation between the weather forecast dataset and the portion of the collected financial market data by matching each respective exchange time of the plurality of weather data segments and the one (0278, matching times, 0101, ad exchange 110, real-time bidding system, 0110, dynamic and/or static marketing objectives, 0043, predicting performance of advertising placements based on current market conditions, 0332, Each advertisement may be selected as the best match to the advertising goals of the advertiser) or more exchange times of the portion of the collected financial market data; generating, by the data distribution system, an interactive graphical user interface (GUI) for display on the at least one user device (0090, an online display ad may be tagged using a tracking pixel, 0090, a user's history, geo-location information of the user, social behavior, inferred demographics or some other type of data Ad impressions); displaying, via the interactive GUI, a presentation package that includes the weather forecast dataset integrated with said portion of the collected financial market data (fig. 8A, 0091, real-time bidding machine facility 142, 0084, weather, 0332, Each advertisement may be selected as the best match to the advertising goals of the advertiser), the presentation package indicating the correlation between the weather forecast dataset and the portion of the collected financial market data; monitoring, by the data distribution system (0332, Each advertisement may be selected as the best match to the advertising goals of the advertiser), changes to one or more of the weather data and the financial market data (0278, matching times, 0101, ad exchange 0110, real-time bidding system, 0110, dynamic and/or static marketing objectives, 0043, predicting performance of advertising placements based on current market conditions);updating the presentation package on the interactive GUI concurrent with one or more of user input received via the at least one user device and any of the monitored changes to one or more of the weather data and the financial market data; determining (0110, real-time bidding system, 0332, Each advertisement may be selected as the best match to the advertising goals of the advertiser), by the data distribution system (0343, distributed server), that the monitored changes to one or more of the weather data and the financial market data satisfy one or more user-customized thresholds received by the interactive GUI via the at least one user device (0006, ad impression sequences that are occurring within a user's behavior, or across a pool of users, fig. 8A, 0091, real-time bidding machine facility 142, 0084, weather); generating, by the data distribution system, at least one alert indicating satisfaction of the one or more user-customized thresholds; and displaying, via the interactive GUI, the at least one alert (0307, create an early alert system that may communicate to publishers, advertisers, operators or a combination of them when media acquired through negotiated deals or advertisements placed may be underperforming relative to goals or past performance).
Simmons does not describe clearly integrating, by the time series server, the weather forecast dataset and a portion of the collected financial market data.
Simmons does describe varies different data can compare to real-time (0088, dynamically in real-time or with updates, 0148, any other data) for the purpose of flexibility of compare data anytime. (0018-0019).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Simmons to have the integrating, by the time series server, the weather forecast dataset and a portion of the collected financial market data so that the system has flexibility of compare data anytime.
Regarding claim 2, Simmons further described one or more symbol elements linked to segments of the collected weather data and one or more pre-defined rules for generating weather symbology instructions having a pre-defined instruction structure (0112, weather data).
Regarding claim 3, Simmons further described a weather data request from the at least one user device, and determining, by the data distribution system, a weather symbology instruction based on at least one requested symbol element indicated in the received weather data request and in accordance with the one or more pre-defined rules (0112, 0117-0118, request weather data to track in real-time).
Regarding claim 4, Simmons further described the weather forecast dataset is generated based, at least in part, on the weather symbology instruction rules (0112, 0117-0118, request weather data to track in real-time).
Regarding claim 5, Simmons further described one or more symbol elements are associated with one or more of at least one weather forecast model, at least one weather observation location and at least one predetermined weather workflow structure (0174, weather data, events data, local news data, or some other type of data, fig. 5C, frequency of user.).
Regarding claim 6, Simmons further described includes one or more of at least one weather alpha, a guidance perspective, a progression perspective and an accuracy perspective (0155, with a certain level of accuracy).
Regarding claim 7, Simmons further described wizard window for user-customization of the at least one predetermined weather workflow structure (Fig. 5C, frequency user a month, 0092, customized targeting algorithms).
Regarding claim 8, Simmons further described at least one of predetermined fields and predetermined conditions, the weather symbology instruction further determined based on at least one requested weather variable among the one or more weather variables received in the weather data request (0112, 0117-0118, request weather data to track in real-time).
Regarding claim 9, Simmons further described weather data request (0112, 0117-0118, request weather data to track in real-time).
Regarding claim 10, Simmons further described the weather data request is converted to the weather symbology instruction (0089, received from the available databases).
Regarding claim 11, Simmons further described extracting, by the data distribution system, at least one segment among the segments of the collected weather data corresponding to the at least one requested symbol element in the weather symbology instruction (0089, received from the available databases).
Regarding claim 12, Simmons further described least one weather forecast stitched together from among the collected weather data in accordance with the weather symbology instruction (0089, received from the available databases).
Regarding claim 13, Simmons further described includes weather observation data and weather forecast model data (0082, in real-time data, valuation algorithms model).
Regarding claim 14, Simmons further described includes at least one of Meteorological Aerodrome Report (METAR) data 0082, in real-time data, valuation algorithms model) and Climate Forecast System Reanalysis (CFS- R) data 0082, in real-time data, valuation algorithms model, 0091, any data, 0098, predictiveness or any data).
Regarding claim 15, Simmons further described weather forecast model data is associated with at least one of a Global Forecast System (GFS) (0091, any data), a GFS ensemble (GFS ENS), a GFS ensemble Extension (GFS ENS EXT), a Climate Forecast System (CFS) ensemble, a European Center for Medium-Range Weather Forecast (ECMWF), a ECMWF ensemble (ECMWF ENS), a ECMWF ensemble Extension (EXCMWF ENS EXT), a ECMWF Seasonal (SEAS) and a ECMWF Seasonal Extension (SEAS EXT).
Regarding claim 16, Simmons further described at least one of streaming data (0014, 0091,any real-time data, any data) and static data (0014, 0091,any real-time data, any data).
Regarding claim 17, Simmons further described displaying, via the interactive GUI, at least one weather map generated from among the collected weather data (0014, 0091, 0082, display any data).
Regarding claim 18, Simmons further described exposing, by the data distribution system, the presentation package to at least one application programming interface (API) (0135, 0174, any computer database program).
Regarding claim 19, Simmons further described at least one of a trading desktop, a mobile application and a spreadsheet application (0135, 0174, any computer database program).
Regarding claim 20, Simmons further described wherein the weather data comprises one or more weather data streams received via at least one data feed, and wherein the financial market data comprises one or more financial market data streams received via the at least one data feed, the method further comprising: segmenting, by the data distribution system, the received one or more weather data streams based on one or more pre-defined symbol elements to form at least one segmented weather data stream; extracting, by the data distribution system, one or more segments of the at least one segmented weather data stream to form at least one extracted weather stream; generating, by the data distribution system, a real-time weather dataset from the at least one extracted weather stream; integrating, by the data distribution system, the real-time weather dataset with the received one or more financial market data streams to form part of an integrated presentation package; at least one of: exposing, by the data distribution system, the integrated presentation package to at least one application programming interface (API) and displaying the integrated presentation package via the interactive GUI on a display of the at least one user device; and updating the integrated presentation package concurrent with changes to one or more of the one or more weather data streams and the one or more financial market data streams, wherein the integrated presentation package further includes an interactive presentation of one or more of at least one weather forecast map, at least one weather alpha region indicating a combination of weather forecast data and financial market data, at least one weather perspective chart associated with a predetermined weather perspective workflow, at least one model status region, at least one watchlist region, at least one alerts region, at least one chart, at least one table, at least one weather grid, at least one analytic value and at least one user input window for customizing the interactive presentation (0135, 0174, any database, 0199, without any limitation).
Regarding claim 21, Simmons further described creating, by the data distribution system, the real-time weather dataset in accordance with a weather symbology instruction (0201, 0205, real-time weather).
Regarding claim 22, Simmons further described wherein the weather symbology instruction further includes one or more weather variables comprising at least one of predetermined fields and predetermined conditions, the weather symbology instruction being created in accordance with at least one weather variable among the one or more weather variables (0135, 0174, any database, 0199, without any limitation).
Regarding claim 23, Simmons further described wherein the integrated presentation package is configured to be launched in at least one of a trading desktop, a mobile application and a spreadsheet application (0135, 0174, any database, 0199, without any limitation).
Regarding claim 24, Simmons further described wherein the presentation package further includes an interactive presentation of one or more of at least one weather forecast map, at least one weather alpha region indicating a combination of weather forecast data and the collected financial market data, at least one weather perspective chart associated with a predetermined weather perspective workflow, at least one model status region, at least one watchlist region, at least one alerts region, at least one chart, at least one table, at least one weather grid, at least one analytic value and at least one user input window for customizing the interactive presentation (0135, 0174, any database, 0199, without any limitation).
Regarding claim 25, Simmons further described wherein the presentation package comprises at least one alerts region for creating one or more customizable alerts including the at least one alert (0307, alert system, 0135, 0174, any database, 0199, without any limitation).
Contact information
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
March 10, 2026