Prosecution Insights
Last updated: August 17, 2026
Application No. 19/273,680

SYSTEMS, DEVICES, AND METHODS FOR CONTENT SELECTION

Non-Final OA §DP
Filed
Jul 18, 2025
Priority
Jul 31, 2017 — provisional 62/539,392 +3 more
Examiner
KHONG, ALEXANDER
Art Unit
Tech Center
Assignee
Snap Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
551 granted / 655 resolved
+24.1% vs TC avg
Strong +28% interview lift
Without
With
+27.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
10 currently pending
Career history
665
Total Applications
across all art units

Statute-Specific Performance

§101
11.7%
-28.3% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 655 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 . This is a Non-Final Office Action Correspondence in response to U.S. Application No. 18/816,653 filed on 08/27/2024. Claims 1-20 are pending. Claims 1, 10 and 16 are independent claims. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/27/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,393,613 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming the same subject matter. Claims 1-20 of the instant application are claiming the same subject matter that are recited in claims 1-20 of U.S. Patent No. 12,393,613 B2 as follows: Instant Application US Patent No. 12,393,613 B2 1. A method comprising: identifying a first content item and a second content item; estimating a plurality of probabilities of different types of input responses that will be received from a user in response to presenting the first and second content items to the user; training a classifier to generate the plurality of probabilities based on a plurality of input parameters comprising a distribution channel swipe rate for a given content item, a total number of swipes for the given content item, a distribution channel skip rate for the given content item, a skip rate per month for a given user, a number of times the given content item has been skipped by a plurality of users who viewed the given content item, and a number of times the given user has viewed given content item in a 30 day period; and selecting, as a selected content item, either the first content item or the second content item. 2. The method of claim 1, further comprising: causing transmission of a first of the plurality of probabilities of the different types of input responses to a first entity associated with the first content item; causing transmission of a second of the plurality of probabilities to a second entity associated with the second content item; determining that the first entity has changed a maximum bid amount in response to the first of the plurality of probabilities; determining that the second entity failed to change a bid amount based on the second of the plurality of probabilities; and presenting the selected content item on an electronic display. 3. The method of claim 2, further comprising: estimating the second of the plurality of probabilities that the second content item will elicit a given type of input response of the different types of input responses from the user, the plurality of probabilities obtained from a classifier trained based on a historical database of characteristics of users generating responses, characteristics of a plurality of content items, and characteristics of channels over which the plurality of content items were presented. 4. The method of claim 1, further comprising: establishing a first session for the user based on first user authentication credentials, the plurality of probabilities comprising a first probability that the first content item will elicit a first type of the different types of input responses and another probability that the first content item will elicit a second type of the different types of input responses, the plurality of probabilities being estimated based on a time of day, season and month during which the first content item will be presented to the user. 5. The method of claim 1, further comprising determining a first factor associated with the first content item and a second factor associated with the second content item, and determining a first weight and a second weight based on the first factor and the second factor, respectively. 6. The method of claim 5, wherein determining the first weight comprises multiplying the first factor and a first probability to obtain the first weight. 7. The method of claim 1, further comprising: receiving input in response to presentation of the selected content item; categorizing the received input as either a first type of input or a second type of input; and updating a historical response database based on categorizing of the received input. 8. The method of claim 7, further comprising incrementing a total number of impressions for the selected content item in the historical response database in response to presentation of the selected content item. 9. The method of claim 8, wherein estimating the plurality of probabilities comprises determining the total number of impressions of the first content item and a number of responses to the first content item having the first type. 10. The method of claim 9, further comprising estimating a first probability by dividing the number of responses by the total number of impressions. 11. The method of claim 10, further comprising filtering the total number of impressions and the number of responses to those impressions and responses for the user having an age within a predetermined range. 12. The method of claim 1, wherein the first content item facilitates a first type of user interaction, and wherein the second content item facilitates a second type of user interaction, the first type of user interaction comprising adding a friend relationship within a social network, the second type of user interaction comprising scheduling an autonomous vehicle to pick up the user at a location indicated by a device of the user. 13. A system comprising: one or more electronic hardware processors; an electronic hardware memory, operatively coupled to the one or more electronic hardware processors, and storing instructions that configure the one or more electronic hardware processors to perform operations comprising: identifying a first content item and a second content item; estimating a plurality of probabilities of different types of input responses that will be received from a user in response to presenting the first and second content items to the user; training a classifier to generate the plurality of probabilities based on a plurality of input parameters comprising a distribution channel swipe rate for a given content item, a total number of swipes for the given content item, a distribution channel skip rate for the given content item, a skip rate per month for a given user, a number of times the given content item has been skipped by a plurality of users who viewed the given content item, and a number of times the given user has viewed given content item in a 30 day period; and selecting, as a selected content item, either the first content item or the second content item. 14. A non-transitory computer readable medium comprising instructions that when executed cause at least one hardware processor to perform operations comprising: identifying a first content item and a second content item; estimating a plurality of probabilities of different types of input responses that will be received from a user in response to presenting the first and second content items to the user; training a classifier to generate the plurality of probabilities based on a plurality of input parameters comprising a distribution channel swipe rate for a given content item, a total number of swipes for the given content item, a distribution channel skip rate for the given content item, a skip rate per month for a given user, a number of times the given content item has been skipped by a plurality of users who viewed the given content item, and a number of times the given user has viewed given content item in a 30 day period; and selecting, as a selected content item, either the first content item or the second content item. 15. The non-transitory computer readable medium of claim 14, the operations comprising: causing transmission of a first of the plurality of probabilities of the different types of input responses to a first entity associated with the first content item; causing transmission of a second of the plurality of probabilities to a second entity associated with the second content item; determining that the first entity has changed a maximum bid amount in response to the first of the plurality of probabilities; determining that the second entity failed to change a bid amount based on the second of the plurality of probabilities; and presenting the selected content item on an electronic display. 16. The non-transitory computer readable medium of claim 14, the operations comprising: establishing a first session for the user based on first user authentication credentials, the plurality of probabilities comprising a first probability that the first content item will elicit a first type of the different types of input responses and another probability that the first content item will elicit a second type of the different types of input responses, the plurality of probabilities being estimated based on a time of day, season and month during which the first content item will be presented to the user. 17. The non-transitory computer readable medium of claim 14, the operations comprising: determining a first factor associated with the first content item and a second factor associated with the second content item, and determining a first weight and a second weight based on the first factor and the second factor, respectively. 18. The non-transitory computer readable medium of claim 17, wherein determining the first weight comprises multiplying the first factor and a first probability to obtain the first weight. 19. The non-transitory computer readable medium of claim 14, the operations comprising: receiving input in response to presentation of the selected content item; categorizing the received input as either a first type of input or a second type of input; and updating a historical response database based on categorizing of the received input. 20. The non-transitory computer readable medium of claim 19, the operations comprising incrementing a total number of impressions for the selected content item in the historical response database in response to presentation of the selected content item. 1. A method comprising: identifying a first content item and a second content item; storing a historical database comprising a first column that stores a time of day in which a given content item of a plurality of content items was presented, a second column that stores a view time representing an amount of time the given content item was viewed, and a third column that identifies the given content item; estimating, based on the historical database, a plurality of probabilities of different types of input responses that will be received from a user in response to presenting the first and second content items to the user, the plurality of probabilities being computed in accordance with an expression defined as: P.sub.tC=number of responses of type/total presentations of C; and where P.sub.t represents a probability that a response of type/will be provided for particular content C; and selecting, as a selected content item, either the first content item or the second content item based on bid amounts associated with a first entity and a second entity. 7. The method of claim 1, wherein a classifier is trained to generate the plurality of probabilities based on a plurality of input parameters comprising a life time distribution channel swipe rate for a given content item, a distribution channel swipe rate for the given content item, a swipe rate for a month by a given user, a lifetime distribution channel skip rate for the given content item, a swipe count for a previous month for the given content item, a total number of swipes for the given content item, an amount of time the given user has viewed given content item within a 30 day period, a distribution channel skip rate for the given content item, a skip rate per month for the given user, a lifetime number of swipes for the given content item, a number of skips the given user has performed in a preview month, a number of times the given content item has been skipped by a plurality of users who viewed the given content item, a number of times the given user has viewed given content item in the 30 day period, a life time number of skips for the given content item, and an indication of whether the given content item is displayed over a particular channel and a time of day, day of week, or month in which the given content item is displayed. 2. The method of claim 1, further comprising: causing transmission of a first of the plurality of probabilities of the different types of input responses to the first entity associated with the first content item; causing transmission of a second of the plurality of probabilities to the second entity associated with the second content item; determining that the first entity has changed a maximum bid amount in response to the first of the plurality of probabilities; determining that the second entity failed to change a bid amount based on the second of the plurality of probabilities; and presenting the selected content item on an electronic display. 3. The method of claim 1, further comprising: establishing a first session for the user based on first user authentication credentials, the plurality of probabilities comprising a first probability that the first content item will elicit a first type of the different types of input responses and another probability that the first content item will elicit a second type of the different types of input responses, the plurality of probabilities being estimated based on a time of day, season and month during which the first content item will be presented to the user. 4. The method of claim 2, further comprising: estimating the second of the plurality of probabilities that the second content item will elicit a given type of input response of the different types of input responses from the user, the plurality of probabilities obtained from a classifier trained based on the historical database of characteristics of users generating responses, characteristics of the plurality of content items, and characteristics of channels over which the plurality of content items were presented. 5. The method of claim 1, further comprising determining a first factor associated with the first content item and a second factor associated with the second content item, and determining a first weight and a second weight based on the first factor and the second factor, respectively. 6. The method of claim 5, wherein determining the first weight comprises multiplying the first factor and a first probability to obtain the first weight. 8. The method of claim 1, further comprising: receiving input in response to presentation of the selected content item; categorizing the received input as either a first type of input or a second type of input; and updating a historical response database based on categorizing of the received input. 9. The method of claim 8, further comprising incrementing a total number of impressions for the selected content item in the historical response database in response to presentation of the selected content item. 10. The method of claim 9, wherein estimating the plurality of probabilities comprises determining the total number of impressions of the first content item and a number of responses to the first content item having the first type. 11. The method of claim 10, further comprising estimating a first probability by dividing the number of responses by the total number of impressions. 12. The method of claim 11, further comprising filtering the total number of impressions and the number of responses to those impressions and responses for the user having an age within a predetermined range. 13. The method of claim 1, wherein a classifier is trained to generate the plurality of probabilities based on a plurality of input parameters comprising a distribution channel swipe rate for a given content item, a total number of swipes for the given content item, a distribution channel skip rate for the given content item, a skip rate per month for a given user, a number of times the given content item has been skipped by a plurality of users who viewed the given content item, and a number of times the given user has viewed given content item in a 30 day period. 14. The method of claim 1, wherein the first content item facilitates a first type of user interaction, and wherein the second content item facilitates a second type of user interaction, the first type of user interaction comprising adding a friend relationship within a social network, the second type of user interaction comprising scheduling an autonomous vehicle to pick up the user at a location indicated by a device of the user. 15. A system comprising: one or more electronic hardware processors; an electronic hardware memory, operatively coupled to the one or more electronic hardware processors, and storing instructions that configure the one or more electronic hardware processors to perform operations comprising: identifying a first content item and a second content item; storing a historical database comprising a first column that stores a time of day in which a given content item of a plurality of content items was presented, a second column that stores a view time representing an amount of time the given content item was viewed, and a third column that identifies the given content item; estimating, based on the historical database, a plurality of probabilities of different types of input responses that will be received from a user in response to presenting the first and second content items to the user, the plurality of probabilities being computed in accordance with an expression defined as: P.sub.tC=number of responses of type/total presentations of C; and where P.sub.t represents a probability that a response of type/will be provided for particular content C; and selecting, as a selected content item, either the first content item or the second content item based on bid amounts associated with a first entity and a second entity. 16. The system of claim 15, wherein the operations further comprise: establishing a first session for the user based on first user authentication credentials, the plurality of probabilities comprising a first probability that the first content item will elicit a first type of the different types of input responses and another probability that the first content item will elicit a second type of the different types of input responses, the plurality of probabilities being estimated based on a time of day, season and month during which the first content item will be presented to the user. 17. The system of claim 15, wherein a classifier is trained to generate the plurality of probabilities based on a plurality of input parameters comprising a distribution channel swipe rate for a given content item, a total number of swipes for the given content item, a distribution channel skip rate for the given content item, a skip rate per month for a given user, a number of times the given content item has been skipped by a plurality of users who viewed the given content item, and a number of times the given user has viewed given content item in a 30 day period. 18. A non-transitory computer readable medium comprising instructions that when executed cause at least one hardware processor to perform operations comprising: identifying a first content item and a second content item; storing a historical database comprising a first column that stores a time of day in which a given content item of a plurality of content items was presented, a second column that stores a view time representing an amount of time the given content item was viewed, and a third column that identifies the given content item; estimating, based on the historical database, a plurality of probabilities of different types of input responses that will be received from a user in response to presenting the first and second content items to the user, the plurality of probabilities being computed in accordance with an expression defined as: P.sub.tC=number of responses of type/total presentations of C; and where P.sub.t represents a probability that a response of type/will be provided for particular content C; and selecting, as a selected content item, either the first content item or the second content item based on bid amounts associated with a first entity and a second entity. 19. The non-transitory computer readable medium of claim 18, wherein the operations further comprise: establishing a first session for the user based on first user authentication credentials, the plurality of probabilities comprising a first probability that the first content item will elicit a first type of the different types of input responses and another probability that the first content item will elicit a second type of the different types of input responses, the plurality of probabilities being estimated based on a time of day, season and month during which the first content item will be presented to the user. 20. The non-transitory computer readable medium of claim 18, wherein the operations further comprise: establishing a first session for the user based on first user authentication credentials, the plurality of probabilities comprising a first probability that the first content item will elicit a first type of the different types of input responses and another probability that the first content item will elicit a second type of the different types of input responses, the plurality of probabilities being estimated based on a time of day, season and month during which the first content item will be presented to the user. As to claims 1-20, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have derived their claim limitations from claims 1-20 of U.S. Patent No. 12,393,613 B2 since they are claiming the same subject matter and are substantially similar in scope. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER KHONG whose telephone number is (571)270-7127. The examiner can normally be reached Mon-Fri 8am-5pm EST. 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, Charles Rones can be reached on (571)272-4085. 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. /ALEXANDER KHONG/Primary Examiner, Art Unit 2168
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Prosecution Timeline

Jul 18, 2025
Application Filed
Jul 20, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+27.8%)
2y 5m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 655 resolved cases by this examiner. Grant probability derived from career allowance rate.

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