Prosecution Insights
Last updated: October 04, 2026
Application No. 19/216,728

Navigation Goal Identification Using Clustering

Non-Final OA §DP
Filed
May 23, 2025
Priority
Sep 01, 2022 — continuation of 11/941,066 +1 more
Examiner
PHAM, KHANH B
Art Unit
2166
Tech Center
2100 — Computer Architecture & Software
Assignee
Gusto Inc.
OA Round
3 (Non-Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
1y 11m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
619 granted / 853 resolved
+17.6% vs TC avg
Strong +15% interview lift
Without
With
+15.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
27 currently pending
Career history
884
Total Applications
across all art units

Statute-Specific Performance

§101
9.2%
-30.8% vs TC avg
§103
40.7%
+0.7% vs TC avg
§102
30.3%
-9.7% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 853 resolved cases

Office Action

§DP
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/26/2026 has been entered. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 3-13, 15-17, 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent No. 11,941,066. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of US Patent No. 11,941,066 contain every element of claims 1, 3-13, 15-17, 19-20 of the instant application, as detailed in the mapping table below, and as such anticipate claims 1, 3-13, 15-17, 19-20 of the instant application. “A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001). Instant Application 19/216,728 Patent No. 11,941,066 A method comprising: selecting, by a central database system, a cluster model trained based on actions of historical users within a domain and consecutive related web pages viewed by the historical users while performing the actions filtered to remove consecutive related web pages with a below-threshold similarity, the cluster model configured to predict a desired action to be performed by an acting user based on web pages viewed by the acting user; applying, by the central database system, the cluster model to web pages viewed by a target user and a predicted next web page to be viewed by the target user to identify an action being performed by the target user; and retraining the cluster model in response to determining that the target user is performing a new action different from actions performed by the plurality of historical users. the cluster model trained by clustering vectors representative of web page addresses of the filtered web pages into a number of clusters corresponding to a number of actions performed by the historical users A method comprising: identifying, by a central database system for each of a plurality of historical users, an action being performed by the historical user within a domain and a set of web pages viewed by the historical user while performing the action; generating, by the central database system, a training data set comprising, for each of the plurality of historical users, the identified action and the set of web pages viewed while the action is being performed; training, by the central database system, a cluster model using the training data set, the cluster model configured to predict a desired action to be performed by an acting user based on web pages viewed by the acting user; applying, by the central database system, a machine-learned model to web pages viewed by a target user to predict a next web page to be viewed by the target user; applying, by the central database system, the cluster model to the web pages viewed by the target user and the predicted next web page to be viewed by the target user to identify an action being performed by the target user; in response to determining that an observed next web page viewed by the target user is unrelated to the identified action being performed by the target user: modifying, by the central database system, an interface displayed to the target user to include a web element to direct the target user to the predicted next web page; and retraining the cluster model in response to determining that the target user is performing a new action different from actions performed by the plurality of historical users. 2. The method of claim 1, wherein training the cluster model using the training data set comprises: determining a number of identified actions performed by the plurality of historical users; generating vectors representing respective web page addresses of the sets of web pages of the training data set; and applying the cluster model to the generated vectors and the number of identified actions, the cluster model clustering the generated vectors into a number of clusters corresponding to the number of identified actions. Response to Arguments In view of Applicant’s amendments/arguments filed 8/26/2026, the 103 rejection to claims 1-20 has been withdrawn. Conclusion Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. In the case of amending the Claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHANH B PHAM whose telephone number is (571)272-4116. The examiner can normally be reached Monday - Friday, 8am to 4pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sanjiv Shah can be reached at (571)272-4098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KHANH B PHAM/Primary Examiner, Art Unit 2166 September 21, 2026
Read full office action

Prosecution Timeline

May 23, 2025
Application Filed
Apr 16, 2026
Non-Final Rejection mailed — §DP
May 05, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §DP
Aug 26, 2026
Request for Continued Examination
Aug 28, 2026
Response after Non-Final Action
Sep 23, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12725060
METHOD AND COMPUTING DEVICE OF ESTABLISHING PREDICTION MODEL FOR PREDICTING PROBABILITY OF SUBJECT EXPERIENCING WHITE COAT EFFECT
3y 1m to grant Granted Sep 01, 2026
Patent 12711121
SYSTEM AND METHOD FOR PROVIDING A CONSOLIDATED DATA HUB
3y 1m to grant Granted Aug 18, 2026
Patent 12694198
Model Creation and Management Using a Model Management Service
2y 5m to grant Granted Jul 28, 2026
Patent 12675371
DISTRIBUTED DATA PROTECTION FOR PHYSICAL SECURITY
2y 0m to grant Granted Jul 07, 2026
Patent 12657228
Combinational Analysis for Document Classification
3y 5m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
88%
With Interview (+15.2%)
3y 3m (~1y 11m remaining)
Median Time to Grant
High
PTA Risk
Based on 853 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month