UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111246,432
`
`10/07/2005
`
`Murali Aravamudan
`
`0290672.00128US2
`
`5356
`
`23483
`7590
`WILMERHALE/BOSTON
`60 STATE STREET
`BOSTON, MA 02109
`
`03/07/2011
`
`EXAMINER
`
`WONG,HUEN
`
`ART UNIT
`
`PAPER NUMBER
`
`2169
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/07/2011
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address( es):
`teresa.carvalho@wilmerhale.com
`whipusptopairs@wilmerhale.com
`
`PTOL-90A (Rev. 04/07)
`
`Comcast, Exhibit-1007
`
`1
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`11/246,432
`
`Examiner
`
`ARAVAMUDAN ET AL.
`
`Art Unit
`
`2169
`Huen Wong
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1 )IZ! Responsive to communication(s) filed on 06 August 2010.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)[8J Claim(s) 34-65 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8J Claim(s) 34-65 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`1 O)IZ! The drawing(s) filed on 07 October 2005 is/are: a)IZ! accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U .S.C. § 119(a)-(d) or (f).
`a)O All b)O Some * c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08·06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20110226
`
`2
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`

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`Application/Control Number: 11 /246,432
`Art Unit: 2169
`
`Page 2
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`DETAILED ACTION
`
`Continued Examination Under 37 CFR 1. 114
`
`1.
`
`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. The amendment filed 0810612010 has
`
`been received and considered.
`
`2.
`
`3.
`
`4.
`
`Claims 34-36, 39, 47, 49-52, 55-56, 59, and 63 are amended.
`
`Claims 34-65 are presented for examination.
`
`The claims and only the claims form the metes and bounds of the invention. "Office personnel
`
`are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In
`
`re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations
`
`appearing in the specification but not recited in the claim are not read into the claim. In re Prater,
`
`415F.2d1393, 1404-05, 162 USPQ 541, 550-551(CCPA1969)" (MPEP p2100-8, c2, 145-48; p
`
`2100-9, c 1, I 1-4). The Examiner has full latitude to interpret each claim in the broadest
`
`reasonable sense. The Examiner will reference prior art using terminology familiar to one of
`
`ordinary skill in the art. Such an approach is broad in concept and can be either explicit or implicit
`
`in meaning.
`
`Response to Arguments
`
`3
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 3
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`5.
`
`Applicant's arguments have been considered, but are moot in view of new
`
`ground(s) of rejection.
`
`Remarks
`
`6.
`
`Claims 34 and 50 are amended to include at least the feature of "determining a
`
`count of the number of characters of text received from the user" and using said count
`
`of the number of characters in adjusting relevance value assigned to at least one of the
`
`terms associated with one or more items received. According to Applicant's
`
`Specification, the count of the number of characters appears to be strongly related to
`
`the feature of "subspace relevance biasing" (see Applicant's Specification, ,-r0038-0042).
`
`As such, Applicant is respectfully suggested to include limitations that describe
`
`"subspace relevance biasing" and how the count of the number of characters is used in
`
`subspace relevance biasing.
`
`7.
`
`Amended Claim 1 recites "adjusting the relevance value assigned to ... in
`
`response to the user-entered prefixes based on the count of the number of text
`
`characters ... " It is the user-entered prefixes that is based on said count of the
`
`number of text characters.
`
`Claim Objections
`
`8.
`
`Claim 34 is objected to because of the following informalities:
`
`Claim 34 recites" ... the text having one or more text characters of one or more
`
`prefixes for terms the user us using to identify a desired item" and " ... first incremental
`
`4
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 4
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`find to compare the user-entered prefixes with the terms associated with the items and
`
`to retrieve the relevance values for user-entered prefixes matching terms associated
`
`with the items". Since only "one or more text characters of one or more prefixes" are
`
`received on the hand-held text input device, the first incremental find cannot operate on
`
`the user-entered prefixes" (note: "user-entered prefixes" means at least two user-
`
`entered prefixes; this is not consistent with "one or more prefixes").
`
`Claim 50 recites similar limitations, and is similarly objected to.
`
`Appropriate correction(s) is required.
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`10.
`
`Claims 34-40, 43, 45-56, 59, and 61-65 are rejected under U.S.C 103(a) as
`
`being unpatentable over Dutta US Patent 6480837 in view of US PGPUB
`
`2005/0283468 by Kamvar et al. (hereinafter "Kamvar"), and further in view of US
`
`PGPUB 2005/0256846 by Zigmond et al. ("Zigmond").
`
`11.
`
`As to claim 34, Dutta teaches a method of processing a search request received
`
`from a user operating a hand-held text input device, the search request directed at
`
`5
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 5
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`identifying a desired item from a set of items, each of the items having one or more
`
`associated terms, the method comprising:
`
`providing the set of items, the items having assigned popularity values to
`
`indicate a relative measure of a likelihood that the item is desired by the user
`
`(Dutta: Fig. 2, Col. 4 Lines 31-42, Col. 5 Lines 7-20; averages of weights; also,
`
`popularity weight\);
`
`for each item, associating a set of terms to describe the item and assigning
`
`a relevance value for each term based on a relevance of the term in identifying
`
`the item (Dutta: Fig. 2, Col. 4 Lines 20-26, Col. 5 Lines 7-20; weights);
`
`receiving text on the hand-held text input device entered by the user, the
`
`text having one or more text characters of one or more terms the user is using to
`
`identify a desired item (Dutta: Fig. 2, Col. 3 Lines 60-65, Col. 4 Lines 20-42, Col. 5
`
`Lines 7-20; Col. 6 Lines 33-36; matching keywords);
`
`in response to receiving text characters, performing a first incremental find
`
`(Dutta: Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 60-65, Col. 4 Lines 20-42, Col. 5 Lines 7-20;
`
`Col. 6 Lines 33-36; matching keywords; also, searching incrementally by adding more
`
`search keywords and clicking on search button (result set too large) or erasing search
`
`keywords and clicking on search button (result set too smal~ is well-known) to compare
`
`the user-entered terms with the terms associated with the items and to retrieve
`
`the relevance values for user-entered terms matching terms associated with the
`
`items (Dutta: Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 60-65, Col. 4 Lines 20-42, Col. 5
`
`6
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`Application/Control Number: 11 /246,432
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`Page 6
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`Lines 2-20; Col. 6 Lines 33-36; receive search keywords; also, matching keywords;
`
`further, weights and averages of weights);
`
`determining a first ranking order of items found in the first incremental find
`
`based at least in part on the retrieved relevance values and the assigned
`
`popularity values of the items found in the first incremental find; ordering and
`
`presenting one or more items to the user found in the first incremental find based
`
`on the first ranking order (Dutta: at/east Col. 2 Lines 1-7; Col. 3 Lines 1-9; " ...
`
`ordering based on a measured popularity").
`
`Dutta does not explicitly disclose in response to receiving at least one
`
`subsequent text character, performing a second incremental find to compare the
`
`user-entered prefixes, including the at least one subsequent text character and
`
`any preceding text characters, with the terms associated with the items and to
`
`retrieve the relevance values for said user-entered prefixes matching terms
`
`associated with the items.
`
`However, performing a second incremental find appears to be merely a repeat of
`
`the first incremental find (note: this would read on entering more characters and
`
`pressing enter/return key to perform another search using Dutta's invention).
`
`Dutta further discloses adjusting the relevance value assigned to at least one
`
`of the terms associated with one or more of the items retrieved in response to the
`
`user-entered terms based on the number of text characters received from the
`
`7
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 7
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`user (Dutta: Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 60-65, Col. 4 Lines 20-43 & 64-67, Col.
`
`5 Lines 2-20 & 29-33 & 50-56, Col. 6 Lines 33-36; adjustment of weights; number can
`
`be interpreted as a group of one kind); and
`
`determining a second ranking order of the items found in the second
`
`incremental find based at least in part on the adjusted relevance values and the
`
`assigned popularity values of the items found in the second incremental find
`
`(Dutta: at/east Col. 2Lines1-7; Col. 3Lines1-9; " ... ordering based on a measured
`
`popularity"; note: based on repeated find explained above); and
`
`ordering and presenting one or more items to the user based on the second
`
`ranking order the assigned popularity values of the items and (b) on a weighing of the
`
`adjusted relevanee values for user entered terms matehing terms assoeiated with the
`
`Hem& so that the relative order of the items found in both the first and second
`
`incremental finds is adjusted as characters are entered (Dutta: Fig. 2, Fig. 3a, Fig. 3b,
`
`Abstract, Col. 3 Lines 60-65, Col. 4 Lines 20-50 & 64-67, Col. 5 Lines 2-20 & 29-33 &
`
`50-56, Col. 6 Lines 33-36; adjustment of weights; also, ordering; one of ordinary skill
`
`would recognize that weights of search keywords continue to adjust and, as such,
`
`ordering based on these adjusted weights continues to adjust as search keywords
`
`consisting of characters are used to activate search).
`
`Dutta discloses receiving text having one or more text characters of one or
`
`more terms the user is using to identify a desired item, but does not explicitly
`
`disclose receiving text having one or more text characters of one or more prefixes
`
`for terms the user is using to identify a desired item. Also, Dutta discloses in
`
`8
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 8
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`response to receiving text characters, performing a first incremental find to
`
`compare the user-entered terms with the terms associated with the items and to
`
`retrieve the relevance values for user-entered terms matching terms associated
`
`with the items, but does not explicitly disclose in response to receiving a text
`
`character, performing an incremental find to compare the user-entered prefixes
`
`with the terms associated with the items and to retrieve the relevance values for
`
`user-entered prefixes matching terms associated with the items. Also, Dutta
`
`discloses adjusting the relevance value assigned to at least one of the terms
`
`associated with one or more of the items retrieved in response to the user-
`
`entered terms based on the number of text characters received from the user, but
`
`does not explicitly disclose adjusting is in response to the user-entered prefixes.
`
`However, Kam var discloses receiving text having one or more text
`
`characters of one or more prefixes for terms the user is using to identify a
`
`desired item (Kamvar: Pgs. 3-4, 110002, 110041 -110049; Fig. 6; Fig. 7; wherein Kamvar
`
`discloses that as characters are included in search query, matching items are identified;
`
`e.g. those items identified by "Bri" and those items identified by "Britney"; also, top N
`
`most popular search terms),
`
`in response to receiving a text character, performing an incremental find to
`
`compare the user-entered prefixes with the terms associated with items and to
`
`retrieve the relevance values for user-entered prefixes matching terms associated
`
`with items (Kamvar. Pgs. 3-4, 110002, 110020, 110031, 110041 - 110049; Fig. 6; Fig. 7;
`
`wherein Kamvar discloses that as characters are included in search query, matching
`
`9
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 9
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`items are identified; e.g. those items identified by "Bri" and those items identified by
`
`"Britney");
`
`user-entered prefixes as search terms that activate searches as more
`
`characters are inputted (Kamvar: Pgs. 3-4, 110002, 110020, 110031, 110041 -110049;
`
`Fig. 1, Fig. 6; Fig. 7; portion or a few characters of query sent to search engine; also, as
`
`characters are included in search query, matching items are identified; e.g. those items
`
`identified by "Bri" and those items identified by "Britney) in order to speed up query
`
`search by continuously sending search terms (including prefixes of search terms) to
`
`search engine (Kamvar: Pgs. 3-4, 110002, 110020, 110028-110031, 110041 - 110049; Fig.
`
`1, Fig. 6; Fig. 7).
`
`It would have been obvious to one having ordinary skill in the art and the
`
`teachings of Dutta and Kamvar before them at the time the present invention was made
`
`to incorporate Kamvar's features of receiving text having one or more text
`
`characters of one or more prefixes for terms the user is using to identify a
`
`desired item (Kamvar: Pgs. 3-4, 110002, 110041 -110049; Fig. 6; Fig. 7; wherein Kamvar
`
`discloses that as characters are included in search query, matching items are identified;
`
`e.g. those items identified by "Bri" and those items identified by "Britney"; also, top N
`
`most popular search terms),
`
`in response to receiving a text character, performing an incremental find to
`
`compare the user-entered prefixes with the terms associated with items and to
`
`retrieve the relevance values for user-entered prefixes matching terms associated
`
`with items (Kamvar. Pgs. 3-4, 110002, 110031, 110041 - 110049; Fig. 6; Fig. 7; wherein
`
`10
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 1 O
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`Kamvar discloses that as characters are included in search query, matching items are
`
`identified; e.g. those items identified by "Bri" and those items identified by "Britney");
`
`and
`
`user-entered prefixes as search terms that activate searches as more
`
`characters are inputted (Kamvar: Pgs. 3-4, 110002, 110020, 110031, 110041 -110049;
`
`Fig. 1, Fig. 6; Fig. 7; portion or a few characters of query sent to search engine; also, as
`
`characters are included in search query, matching items are identified; e.g. those items
`
`identified by "Bri" and those items identified by "Britney) with the Dutta's method.
`
`The suggestions/motivations for doing so would have been to speed up query
`
`search by continuously sending search terms (including prefixes of search terms) to
`
`search engine (Kamvar: Pgs. 3-4, 110002, 110020, 110028-110031, 110041 - 110049; Fig.
`
`1, Fig. 6; Fig. 7).
`
`Dutta and Kamvardo not explicitly disclose determining a count of the number
`
`of characters of text received from the user and prefixes based on the count.
`
`However, Zigmond discloses determining a count of the number of characters of
`
`text received from the user and prefixes based on the count (Zigmond: Abstract,
`
`Figs. 2-4, 11110039-0048; n-character prefix, claim 1) in order to continuously update
`
`search display using sparse subset of results.
`
`It would have been obvious to one having ordinary skill in the art and the
`
`teachings of Dutta, Kamvar and Zigmond before them at the time the present invention
`
`11
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 11
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`was made to incorporate Zigmonds features of determining a count of the number of
`
`characters of text received from the user and prefixes based on the count
`
`(Zigmond: Abstract, Figs. 2-4, 11110039-0048; n-character prefix, claim 1) with the
`
`method taught by Dutta and Kamvar.
`
`The suggestion/motivation for doing so would have been to continuously update
`
`search display using sparse subset of results.
`
`Claim 50, a system claim, contains subject matter similar claim 34 and is
`
`rejected on the same ground.
`
`12.
`
`As to claim 35, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 34. Kamvarfurther discloses the terms associated with the items being
`
`organized into searchable subspace categories (Kamvar: Pg. 4, 110043 - 110051; Fig. 6;
`
`Fig. 7), each subspace category having a relevance bias value, wherein at least one of
`
`determining the first ranking order and determining the second order ordering and
`
`presenting the one or more items is further based on the relevance bias values of the
`
`subspace categories (Kamvar. Pg. 4, 110043 - 110051; Fig. 6; Fig. 7; wherein Kamvar
`
`discloses "popularity", "user profiles", "user information", measure of how recent an item
`
`is and the difference in order due to length of query string).
`
`Claim 51, a system claim, contains subject matter similar claim 35 and is
`
`rejected on the same ground.
`
`12
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 12
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`13.
`
`As to claim 36, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 35. Kamvar further discloses wherein the relevance bias values are
`
`based on the count of the number of text characters received from the user (Kamvar:
`
`Pg. 4, 110043 - ~ 0051; Fig. 6; Fig. 7; wherein Kamvar discloses "popularity", "user
`
`profiles", "user information", measure of how recent an item is and the difference in
`
`order due to length of query string).
`
`Claim 52, a system claim, contains subject matter similar claim 36 and is
`
`rejected on the same ground.
`
`14.
`
`As to claim 37, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 35. Kamvarfurther discloses wherein the subspace categories include
`
`a personalized history category containing terms associated with items identified from
`
`previous incremental finds conducted by the user (Kamvar. Pgs. 3-4, 110041 -110051;
`
`Fig. 6; Fig. 7; wherein Kamvardiscloses previous search requests).
`
`Claim 53, a system claim, contains subject matter similar claim 37 and is
`
`rejected on the same ground.
`
`15.
`
`As to claim 38, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 35. Kamvarfurther discloses wherein the ordering and presenting of
`
`one or more items is limited to items having associated terms of one or more selected
`
`subspace categories Kamvar: Pg. 4, 110043 - 110051; Fig. 6; Fig. 7; wherein Kamvar
`
`discloses "popularity", "user profiles", "user information", measure of how recent an item
`
`is and the difference in order due to length of query string.
`
`13
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
`
`Page 13
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`Claim 54, a system claim, contains subject matter similar claim 38 and is
`
`rejected on the same ground.
`
`16.
`
`As to claim 39, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 38. Kamvarfurther discloses wherein the one or more selected
`
`subspace categories are selected based on the count of the number of text characters
`
`received from the user (Kamvar: Pg. 4, 110043 -110051; Fig. 6; Fig. 7; wherein Kamvar
`
`discloses "popularity", "user profiles", "user information", measure of how recent an item
`
`is and the difference in order due to length of query string).
`
`Claim 55, a system claim, contains subject matter similar claim 39 and is
`
`rejected on the same ground.
`
`17.
`
`As to claim 40, the combination of Dutta, Kamvar and Zigmond teaches the
`
`method of claim 35 Kamvar further discloses the ordered and presented one or more
`
`items are presented on a display device, the display device having display space
`
`allocated according to the subspace categories (Kamvar: Pg. 4, 110043 - 110049; Fig. 6;
`
`Fig. 7; Fig. 1 O; Fig. 11 ).
`
`Claim 56, a system claim, contains subject matter similar claim 40 and is
`
`rejected on the same ground.
`
`18.
`
`As to claim 43, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 34. Dutta further discloses wherein the ordered and presented one or
`
`more items are presented on a display constrained device (Dutta: Fig. 1, Fig. 2, Fig. 3a,
`
`14
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`Application/Control Number: 11 /246,432
`Art Unit: 2169
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`Page 14
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`Fig. 3b, Col. 3 Lines 47-65, Col. 4 Lines 20-50 & 64-67, Col. 5 Lines 2-20 & 29-33 & 50-
`
`56; Col. 6 Lines 33-36; network and client submits searches to search engine; also,
`
`display of results; all displays have size constraints).
`
`Claim 59, a system claim 43, contains subject matter similar to claim 48 and is
`
`rejected on the same ground.
`
`19.
`
`As to claim 45, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 34. Dutta further discloses wherein the assigned popularity values of
`
`one or more items of the set of items is based on a relative measure of popular opinion
`
`of the item (Dutta: Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 60-65, Col. 4 Lines 20-43 & 64-
`
`67, Col. 5 Lines 2-20 & 29-33 & 50-56, Col. 6 Lines 33-36; weights and averages of
`
`weights, adjustment of weights).
`
`Claim 61, a system claim 45, contains subject matter similar to claim 48 and is
`
`rejected on the same ground.
`
`20.
`
`As to claim 46, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 34, wherein the assigned popularity values of one or more items of the
`
`set of items is based on a temporal relevance of the items or a location relevance of the
`
`items. Dutta further discloses wherein the assigned popularity values of one or more
`
`items of the set of items is based on a temporal relevance of the items or a location
`
`relevance of the items (Dutta: Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 60-65, Col. 4 Lines
`
`20-43 & 64-67, Col. 5 Lines 2-20 & 29-33 & 50-56, Col. 6 Lines 33-36; weights and
`
`averages of weights, adjustment of weights based on matches and frequency of
`
`15
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`matches)
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`Page 15
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`Claim 62, a system claim, contains subject matter similar claim 46 and is
`
`rejected on the same ground.
`
`21.
`
`As to claim 47, the combination of Dutta, Kamvar and Zigmond teaches the
`
`method of claim 34. Dutta discloses wherein at least one of determining the first
`
`ranking order and determining the second ranking order ordering and presenting
`
`the one or more items is further based on the number of terms of the received text
`
`(Dutta: Fig. 1, Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 47-65, Col. 4 Lines 20-42, Col. 5
`
`Lines 7-20; Col. 6 Lines 33-36. Dutta does not explicitly disclose wherein ordering and
`
`presenting the one or more items is further based on the number of prefixes of the
`
`received text.
`
`However, Kam var discloses user-entered prefixes as search terms that activate
`
`searches as more characters are inputted (Kamvar: Pgs. 3-4, 110002, 110020, 110031, 11
`
`0041 -110049; Fig. 1, Fig. 6; Fig. 7; portion or a few characters of query sent to search
`
`engine; also, as characters are included in search query, matching items are identified;
`
`e.g. those items identified by "Bri" and those items identified by "Britney) in order to
`
`speed up query search by continuously sending search terms (including prefixes of
`
`search terms) to search engine (Kamvar: Pgs. 3-4, 110002, 110020, 110028-110031, 11
`
`0041 - 110049; Fig. 1, Fig. 6; Fig. 7).
`
`Claim 63, a system claim, contains subject matter similar claim 47 and is
`
`rejected on the same ground.
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`22.
`
`As to claim 48, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 34. Dutta further discloses wherein a portion of the set of items resides
`
`on a computer remote from the user (Dutta: Fig. 1, Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines
`
`47-65, Col. 4 Lines 20-42, Col. 5 Lines 7-20; Col. 6 Lines 33-36; network and client
`
`submits searches).
`
`Claim 64, a system claim 48, contains subject matter similar to claim 48 and is
`
`rejected on the same ground.
`
`23.
`
`As to claim 49, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 34. Dutta further discloses wherein a computer remote from the user
`
`performs at least one of the steps of receiving text entered by the user, performing [[an]]
`
`the first incremental find, determining the first ranking order , performing the
`
`second incremental find, determining the count of characters of text received,
`
`ordering and presenting one or more items to the user, and adjusting the relevance
`
`values of the terms associated with the items, and determining the second ranking
`
`order (Dutta: Fig. 1, Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 47-65, Col. 4 Lines 20-42, Col.
`
`5 Lines 7-20; Col. 6 Lines 33-36; network and client submits searches to search
`
`engine).
`
`24.
`
`As to claim 65, the combination of Dutta, Kam var and Zigmond teaches the
`
`system of claim 50. Dutta further discloses wherein the processor is disposed in a
`
`computer remote from the user (Dutta: Fig. 1, Fig. 2, Fig. 3a, Fig. 3b, Col. 3 Lines 47-
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`65, Col. 4 Lines 20-42, Col. 5 Lines 7-20; Col. 6 Lines 33-36; network and client submits
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`searches to search engine).
`
`25.
`
`Claims 41-42, 44 and 57-58, and 60 are rejected under U.S.C 103(a) as being
`
`unpatentable over US Patent 6480837 by Dutta, in view of US PGPUB
`
`2005/0283468 by Kamvar et al. (hereinafter "Kamvar"), and further in view of US
`
`PGPUB 2005/0256846 by Zigmond et al. ("Zigmond"), and in further view of US
`
`PGPUB 2004/0021691 by Dostie et al. (hereinafter "Dostie").
`
`26.
`
`As to claim 41, the combination of Dutta, Kamvarand Zigmond teaches the
`
`method of claim 34. Dutta and Kamvardo not explicitly disclose wherein the hand-held
`
`text input device includes a set of overloaded keys generating an ambiguous text input.
`
`However, Dostie discloses QWERTY input with overloaded keys used for
`
`generating ambiguous character input system (Dostie: Pgs. 6-7, 110079 -110082; Fig. 3;
`
`wherein Dostie discloses that "each key [ ] can contain one of more letters") for the
`
`purpose of rapidly entering data, such as text (Dostie: Pg. 1, 110007-110008).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`Applicant's invention that it is quite advantageous to incorporate the method taught by
`
`of Dutta and Kamvarwith Dostie's "data entry system". The motivation for doing so
`
`would have been to allow rapid text entry by user (Dostie: Pg. 1, 110007- 110008).
`
`Claim 57, a system claim, contains subject matter similar claim 41 and is
`
`rejected on the same ground.
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`27.
`
`As to claim 42, the combination of Dutta, Kamvar, Zigmond and Dostie teaches
`
`the method of claim 41. Dutta and Kamvardo not explicitly disclose wherein the hand-
`
`held text_input device is a phone, a mobile computing device, or a remote control device
`
`for a television.
`
`However, Dostie discloses "personal computing devices" and "hand-held
`
`devices" with overloaded keys (Dostie: Pg. 5, 110067- 110068; Fig. 1; wherein Dostie
`
`discloses "personal computing devices" and "hand-held devices") for the purpose of
`
`rapidly entering data, such as text (Dostie: Pg. 1, 110007- 110008).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`Applicant's invention that it is quite advantageous to incorporate the method taught by
`
`Dutta and Kamvarwith Dostie's "data entry system". The motivation for doing so would
`
`have been to allow rapid text entry by user (Dostie: Pg. 1, 110007- 110008).
`
`Claim 58, a system claim, contains subject matter similar claim 42 and is
`
`rejected on the same ground.
`
`28.
`
`As to claim 44, the combination of Dutta, Kam var and Zigmond teaches the
`
`method of claim 43. Dutta and Kamvardo not explicitly disclose wherein the display
`
`device is a phone, a mobile computing device, or a non-intrusive interface display area
`
`of a television.
`
`However, Dostie discloses "personal computing devices" and "hand-held
`
`devices" with overloaded keys (Dostie: Pg. 5, 110067- 110068, 110071- 110073, Fig. 1;
`
`wherein Dostie discloses "personal computing devices" and "hand-held devices") for the
`
`purpose of rapidly entering data, such as text (Dostie: Pg. 1, 110007-110008).
`
`19
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`Page 19
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`It would have been obvious to one of ordinary skill in the art at the time of the
`
`Applicant's invention that it is quite advantageous to incorporate the method taught by
`
`Dutta and Kamvarwith Dostie's "data entry system". The motivation for doing so would
`
`have been to allow rapid text entry by user