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 .
Claims 1-20 are pending.
Claim Objections
Claims 14-16 are objected to because of the following informalities:
Claim 14 recites “cause a computing device to…initiating”, which is not grammatically correct. Examiner suggests the amendment “cause a computing device to…initiate”.
Claim 15 recites “wherein the instructions include receive contextual information…wherein predict the cumulative signal amount”, which is not grammatically correct. Examiner suggests the amendment “wherein the instructions further cause the computing device to ing the cumulative signal amount”.
Claim 16 recites “wherein the instructions include initiate caching”, which is not grammatically correct. Examiner suggests the amendment “wherein the instructions further cause the computing device to .
Appropriate correction is required.
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.
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Claims 1-4, 6, 7, 12-15, and 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Pat. 12,375,368. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant claims is anticipated by the patented claims. For example, compare instant independent claims 1, 14, and 18 with patented independent claims 1, 16, and 18:
U.S. Pat. 12,375,368
App. No. 19/251,107
1. A method for providing a personalized service schedule in a computing network for a service provider to provide a service comprising:
1. A method for providing a personalized service schedule in a computing network for a service provider to provide a service comprising:
receiving most recent signal history and a related contextual feature information of an individual user, wherein the signal history relates to a service usage;
receiving most recent signal history of an individual user, wherein the signal history relates to a service usage;
receiving contextual feature information of the individual user for a predetermined time frame in the future;
grouping the most recent signal history and the related contextual feature information into a plurality of fixed time buckets;
grouping the most recent signal history into a plurality of fixed time buckets;
predicting a cumulative signal amount for the individual user for a plurality of fixed time buckets over the predetermined time frame in the future by drawing inferences from a model by passing to the model the grouped most recent signal history and the related contextual feature information of the individual user, and the contextual feature information of the individual user for the predetermined time frame in the future;
predicting a cumulative signal amount for the individual user for a plurality of fixed time buckets over a predetermined time frame in the future by drawing inferences from a model by passing to the model the grouped most recent signal history of the individual user;
transforming the predicted cumulative signal amount of the plurality of fixed time buckets into a predicted activity data, wherein the predicted activity data indicates whether the individual user is likely to be active or inactive; and
transforming the predicted cumulative signal amount of the plurality of fixed time buckets into a predicted activity data, wherein the predicted activity data indicates whether the individual user is likely to be active or inactive; and
updating the personalized service schedule for the individual user based on the predicted activity data of the individual user.
updating the personalized service schedule for the individual user based on the predicted activity data of the individual user.
U.S. Pat. 12,375,368
App. No. 19/251,107
16. A non-transitory computer readable medium storing instructions thereon that, when executed by at least one processor, cause a computing device to:
14. A non-transitory computer readable medium storing instructions thereon that, when executed by at least one processor, cause a computing device to:
receive most recent signal history and a related contextual feature information of an individual user, wherein the signal history relates to a service usage;
receive most recent signal history of an individual user, wherein the signal history relates to a service usage;
receive contextual feature information of the individual user for a predetermined time frame in the future;
group the most recent signal history and the related contextual feature information into a plurality of fixed time buckets;
group the most recent signal history into a plurality of fixed time buckets;
predict a cumulative signal amount for the individual user for a plurality of fixed time buckets over the predetermined time frame in the future by drawing inferences from a model by passing to the model the grouped most recent signal history and the related contextual feature information of the individual user, and the contextual feature information of the individual user for a predetermined time frame in the future;
predict a cumulative signal amount for the individual user for a plurality of fixed time buckets over a predetermined time frame in the future by drawing inferences from a model by passing to the model the grouped most recent signal history of the individual user;
transform the predicted cumulative signal amount of the plurality of fixed time buckets into a predicted activity data, wherein the predicted activity data indicates whether the individual user is likely to be active or inactive;
transform the predicted cumulative signal amount of the plurality of fixed time buckets into a predicted activity data, wherein the predicted activity data indicates whether the individual user is likely to be active or inactive;
update a personalized service schedule for the individual user based on the predicted activity data of the individual user; and
update a personalized service schedule for the individual user based on the predicted activity data of the individual user; and
initiating one or more of disabling the service, pausing the service, disabling a feature of the service, and pausing a feature of the service when the personalized service schedule indicates that the individual user is likely to be inactive.
initiating one or more of disabling the service, pausing the service, disabling a feature of the service, and pausing a feature of the service when the personalized service schedule indicates that the individual user is likely to be inactive.
U.S. Pat. 12,375,368
App. No. 19/251,107
18. A system comprising:
at least one processor;
memory in electronic communication with the at least one processor; and
instructions stored in the memory, the instructions being executable by the at least one processor to:
18. A system comprising:
at least one processor;
memory in electronic communication with the at least one processor; and
instructions stored in the memory, the instructions being executable by the at least one processor to:
receive signal history and related contextual feature information of a plurality of users, wherein the signal history relates to a service usage;
receive signal history of a plurality of users, wherein the signal history relates to a service usage;
group the signal history and the related contextual feature information of the plurality of users into a plurality of fixed time buckets;
group the signal history of the plurality of users into a plurality of fixed time buckets;
train a machine learning (ML) model based on the grouped signal history and the related contextual feature information of the plurality of users;
train a machine learning (ML) model based on the grouped signal history of the plurality of users;
receive most recent signal history and a related contextual feature information of an individual user, wherein the signal history relates to the service usage;
receive most recent signal history of an individual user, wherein the signal history relates to the service usage;
receive contextual feature information of the individual user for a predetermined time frame in the future;
group the most recent signal history and the related contextual feature information into a plurality of fixed time buckets;
group the most recent signal history into a plurality of fixed time buckets;
predict a cumulative signal amount for the individual user for a plurality of fixed time buckets over the predetermined time frame in the future by drawing inferences from the ML model by passing to the ML model the grouped most recent signal history and the related contextual feature information of the individual user, and the contextual feature information of the individual user for a predetermined time frame in the future;
predict a cumulative signal amount for the individual user for a plurality of fixed time buckets over a predetermined time frame in the future by drawing inferences from the ML model by passing to the ML model the grouped most recent signal history of the individual user;
transform the predicted cumulative signal amount of the plurality of fixed time buckets into a predicted activity data, wherein the predicted activity data indicates whether the individual user is likely to be active or inactive; and
transform the predicted cumulative signal amount of the plurality of fixed time buckets into a predicted activity data, wherein the predicted activity data indicates whether the individual user is likely to be active or inactive; and
update a personalized service schedule for the individual user based on the predicted activity data of the individual user.
update a personalized service schedule for the individual user based on the predicted activity data of the individual user.
Instant dependent claims 2-4, 6, 7, 8-10, 12, 13, 15, 17, and 19 are also anticipated by the patented claims and rejected accordingly.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites “The system of claim 18, further comprising: using the personalized service schedule…using the personalized service schedule”, which is unclear as it attempts to define a system as comprising a method step. Examiner suggests the amendment “The system of claim 18, wherein the instructions are further executable by the at least one processor to: use the personalized service schedule…use the personalized service schedule”.
Claim 20 recites “The system of claim 18, further comprising initiating caching”, which is unclear as it attempts to define a system as comprising a method step. Examiner suggest the amendment “The system of claim 18, wherein the instructions are further executable by the at least one processor to initiate caching”.
Allowable Subject Matter
Claims 1-4, 6, 7, 12-15, 17, and 18 are allowable over the prior art with regards to 35 U.S.C. 102 and 35 U.S.C. 103, pending the nonstatutory double patenting rejection.
Claims 5, 11, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims, and pending the nonstatutory double patenting rejection.
Claim 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Examiner finds the inventive concept of scheduling services according to a predicted cumulative signal amount of a user based on signal history to be novel (see Specification, ¶[0018]-[0026]). That is, the prior art of record does not teach, suggest, or render obvious the specific method, system, and product as set forth in the Specification, ¶[0064]-[0071], Fig. 9, and recited in independent claims 1, 14, and 18, in particular comprising:
grouping the most recent signal history into a plurality of fixed time buckets;
predicting a cumulative signal amount for the individual user for a plurality of fixed time buckets over a predetermined time frame in the future by drawing inferences from a model by passing to the model the grouped most recent signal history of the individual user;
transforming the predicted cumulative signal amount of the plurality of fixed time buckets into a predicted activity data, wherein the predicted activity data indicates whether the individual user is likely to be active or inactive; and
updating the personalized service schedule for the individual user based on the predicted activity data of the individual user (claim 1; similarly recited in claims 14 and 18).
These limitations, in conjunction with the other limitations of the independent claims, are allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH R MANIWANG whose telephone number is (571)270-7257. The examiner can normally be reached 8:30AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wing F Chan can be reached at (571) 272-7493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH R MANIWANG/Primary Examiner, Art Unit 2453
