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 .
Status of Claims
In the preliminary amendment filed September 30, 2025, Applicant canceled claims 1-20 and added claims 21-40. Claims 21-40 are pending in the current application.
Information Disclosure Statement
The information disclosure statement (IDS) received on January 7, 2026 has been considered by 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 § 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 21, 28, and 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 12 of U.S. Patent No. US 12,412,187 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are similar in scope. See table below.
Instant Application 19/301,422
Claim 21 (representative of Claims 28 and 35)
Patent no. US 12,412,187 B2
Claim 1 (representative of claims 5 and 12)
receive, from a first user, a search request comprising a first filter criterion;
receive, from a first user, a search request comprising a search criterion for searching a database and a first set of filter criteria;
identify a set of real estate listings satisfying the first filter criterion;
identify a set of real estate listings associated with the search criterion and satisfying the first set of filter criteria;
provide for display an indication of at least one of the identified set of real estate listings;
provide for display an indication of at least one of the identified set of real estate listings;
identify a second filter criterion and a third filter criterion to suggest to the first user based on usage metrics of actions performed by users other than the first user when searching for real estate listings associated with the search request;
identify a second set of filter criteria to suggest to the first user based on usage metrics of filter criteria previously used by users other than the first user when searching for real estate listings associated with the search criterion;
determine that a first amount of use of an action following use of the second filter criterion is greater than a second amount of use of the action following use of the third filter criterion; and
determine that a first amount of use of a first filter criterion in the first set of filter criteria is greater than a second amount of use of a second filter criterion in the second set of filter criteria; and
in response to determining that the first amount of use is greater than the second amount of use, automatically adjust a position of the second filter criterion within the user interface with respect to a position of the third filter criterion within the user interface,
in response to determining that the first amount of use is greater than the second amount of use, automatically adjust a position of the first filter criterion within the user interface with respect to a position of the second filter criterion within the user interface,
wherein the position of the second filter criterion is more prominent than the position of the third filter criterion.
wherein the position of the first filter criterion is more prominent than the position of the second filter criterion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Cao et al. (US 2018/0329959 A1)
Selim et al. (US 2020/0103977 A1)
The aforementioned references do not teach or suggest identify a second filter criterion and a third filter criterion to suggest to the first user based on usage metrics of actions performed by users other than the first user when searching for real estate listings associated with the search request; determine that a first amount of use of an action following use of the second filter criterion is greater than a second amount of use of the action following use of the third filter criterion; and in response to determining that the first amount of use is greater than the second amount of use, automatically adjust a position of the second filter criterion within the user interface with respect to a position of the third filter criterion within the user interface, wherein the position of the second filter criterion is more prominent than the position of the third filter criterion. Cao discloses rearrangement of filter order based on criteria, and Selim discloses detecting multiple filter criterion selections. However, the filtering of Cao pertains to streaming data and the filtering of Selim does not detect or predict filter criterion usage. Thus, the references do not teach or suggest the limitations as recited in instant claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE MPAMUGO whose telephone number is (571)272-8853. The examiner can normally be reached Monday-Friday, 9am-5pm.
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/CHINYERE MPAMUGO/Primary Examiner, Art Unit 3685
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