throbber

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES 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.
`
`F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONF {MATION NO.
`
`11/246,432
`
`10/07/2005
`
`Murali Aravamudan
`
`0290672.00128US2
`
`5356
`
`23483
`7590
`WILMERHALE/BOSTON
`60 STATE STREET
`BOSTON, MA 02109
`
`04/02/2010
`
`woNG, HUEN
`
`2169
`
`04/02/2010
`
`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):
`michael.matheWs0n @ Wilmerhale.c0m
`teresa.carValh0 @ Wilmerhale.c0m
`shar0n.mattheWs @ Wilmerhale.c0m
`
`PTOL—90A (Rev. 04/07)
`
`C
`
`t E h_b_t 1011
`omcas, X I
`I-
`
`Comcast, Exhibit-1011
`
`1
`
`

`

`Application No.
`
`App|icant(s)
`
`Office Action Summary
`
`11/246,432
`
`Examine,
`
`ARAVAMUDAN ET AL.
`
`A,, Unit
`
`2169 —
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q 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)IXI Responsive to communication(s) filed on 15 December 2009.
`
`2a)IXI This action is FINAL.
`
`2b)I:I This action is non-final.
`
`3)I:I 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)IXI C|aim(s) 34-65 is/are pending in the application.
`
`4a) Of the above c|aim(s)
`
`is/are withdrawn from consideration.
`
`5)I:I C|aim(s) j is/are allowed.
`
`6)IXI C|aim(s) M is/are rejected.
`
`7)I:I C|aim(s) j is/are objected to.
`
`8)I:I C|aim(s) j are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)I:I The specification is objected to by the Examiner.
`
`10)IZ The drawing(s) filed on 07 October 2005 is/are: a)IXI accepted or b)I:I 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)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)I:I All
`
`b)I:I Some * c)I:I None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No.
`
`3.I:I 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) E Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) |:| Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
`U.S. Patent and Trademark Office
`
`4) D Interview Summary (PTO-413)
`Paper N0(S)/IVI3” Data E
`5) I:I Notice of informal Patent Application
`6) D Other:
`.
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20100327
`
`2
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`

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`Application/Control Number: 11/246,432
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`Page 2
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`Art Unit: 2169
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`DETAILED ACTION
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`1.
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`Claims 34-65 are presented for examination.
`
`2.
`
`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,
`
`415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969)” (MPEP p 2100-8, c 2, I 45-48; 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.
`
`App|icant’s arguments have been considered, but they are not persuasive (see
`
`below). However, the Examiner welcomes any suggestion App|icant’s Representative
`
`may have on moving prosecution forward.
`
`4.
`
`Applicant argues:
`
`Dutta does not teach or suggest acfiusting the relevance value assigned to at least
`
`one term associated with an items based on the number of text characters receivedfirom
`
`the user as part ofa search string to identify a desired item. Rather, Dutta discloses
`
`adjusting popularity weights associated with an item up or down depending on whether
`
`the item is selected from a list ofpossible search results. See Dutta at col. 4, lns. 31-67.
`
`Dutta explains that, “0nl a ter selection is the popularity weightfor the selected
`
`3
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`

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`Application/Control Number: 11/246,432
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`Page 3
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`Art Unit: 2169
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`URL/keyword pair adjusted upward. ” See Dutta at col. 5, lns.55—56 (emphasis added). In
`
`other words, Dutta is only concerned with “tracking the popularity ofsearch results for
`
`the purpose ofdetermining how to present or order search results in future searches. ”
`
`See Dutta at col. 6, lns. 41-44. Dutta completely ignores the number oftext characters
`
`that is part ofthe search query entered by the user.
`
`In response, the Examiner respectfully disagrees and submits:
`
`Dutta is concerned with adjusting and tracking weight values of URL items.
`
`Claim 34 recites “adjusting the relevance value
`
`based on the number of text
`
`characters received from the user”, but does not recite limitation that requires said
`
`adjusting to be done without selection. Dutta does not ignore user’s request input.
`
`5.
`
`Applicant further argues:
`
`The Examiner states that the term “number can be interpreted as a group ofone
`
`kind See Ofiice Action at pg. 4. Applicants disagree with the Examiner, as the
`
`Application clearly describes the “number of text characters ” as an enumeration of the
`
`characters in the user's search string. See Application at fljflj 38-40. See also M.P.E.P at §
`
`2111 ("During patent examination, the pending claims must be given their broadest
`
`reasonable interpretation consistent with the specification. "9. However, even ifthe
`
`Examiner's meaning is applied to the terms ofclaim 34, Dutta still does not teach or
`
`suggest the Examiner's interpretation of the claim limitation, as Dutta simply does not
`
`teach adjusting relevance weights based on the users search input, as explained in more
`
`detail above.
`
`4
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`

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`Application/Control Number: 11/246,432
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`Page 4
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`Art Unit: 2169
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`In response, the Examiner respectfully disagrees and submits:
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`“Enumeration of characters in the user’s search string” is not found in Applicant’s
`
`Specification. Also, Applicant's Specification does not appear to definitely assign a
`
`specific interpretation to “number of text characters”. Although the claims are
`
`interpreted in light of the specification, limitations from the specification are not read into
`
`the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
`
`Dutta teaches said adjusting of at least one relevance weight value based on
`
`user’s request input because the request input is used for said adjusting.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`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.
`
`7.
`
`Claims 34-40, 43, 45-56, 59, and 61-65 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”).
`
`8.
`
`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
`
`identifying a desired item from a set of items, each of the items having one or more
`
`associated terms, the method comprising:
`
`5
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`Application/Control Number: 11/246,432
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`Page 5
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`Art Unit: 2169
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`providing the set of items, the items having assigned popularity values to
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`indicate a relative measure of a likelihood that the item is desired by the user
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`(Dutta: Fig. 2, Col. 4 Lines 31-42, Col. 5 Lines 7-20; averages of weights);
`
`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 20-42, 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 an 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
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`keywords and clicking on search button (result set too large) or erasing search
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`keywords and clicking on search button (result set too small) 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
`
`Lines 2-20; Col. 6 Lines 33-36; receive search keywords; also, matching keywords;
`
`further, weights and averages of weights);
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`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-
`
`6
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`Application/Control Number: 11/246,432
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`Page 6
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`Art Unit: 2169
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`entered terms based on the number of text characters received from the user
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`(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
`
`ordering and presenting one or more items to the user based on (a) the assigned
`
`popularity values of the items (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) and (b) on a weighing of the adjusted relevance
`
`values for user-entered terms matching terms associated with the items (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) the
`
`order of the items 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
`
`response to receiving text characters, performing an incremental find to compare
`
`7
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`Application/Control Number: 11/246,432
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`Page 7
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`Art Unit: 2169
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`the user-entered terms with the terms associated with the items and to retrieve
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`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. Further,
`
`Dutta discloses ordering and presenting one or more items to the user based on (a) the
`
`assigned popularity values of the items E (b) on a weighing of the adjusted relevance
`
`values for user-entered terms matching terms associated with the items, but does not
`
`explicitly disclose based on a weighing of the adjusted relevance values for user-
`
`entered prefixes matching terms associated with the items.
`
`However, Kamvar 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, 11 0041 — 11 0049; 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
`
`8
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`

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`Application/Control Number: 11/246,432
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`Page 8
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`Art Unit: 2169
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`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, 11 0002,11 0020,11 0031,11 0041 — 11 0049; 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");
`
`user-entered prefixes as search terms that activate searches as more
`
`characters are inputted (Kamvar: Pgs. 3-4, 11 0002, 11 0020, 11 0031, 11 0041 — 11 0049;
`
`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, 11 0002, 11 0020, 11 0028-11 0031, 11 0041 — 11 0049; 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, 11 0041 — 11 0049; 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),
`
`9
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`

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`Application/Control Number: 11/246,432
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`Page 9
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`Art Unit: 2169
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`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, 11 0002,11 0031,11 0041 — 11 0049; 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");
`
`and
`
`user-entered prefixes as search terms that activate searches as more
`
`characters are inputted (Kamvar: Pgs. 3-4, 11 0002, 11 0020, 11 0031, 11 0041 — 11 0049;
`
`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, 11 0002, 11 0020, 11 0028-11 0031, 11 0041 — 11 0049; Fig.
`
`1, Fig. 6; Fig. 7).
`
`Claim 50, a system claim, contains subject matter similar claim 34 and is
`
`rejected on the same ground.
`
`9.
`
`As to claim 35, the combination of Dutta and Kamvar teaches the method of
`
`claim 34. Kamvar further discloses the terms associated with the items being organized
`
`into searchable subspace categories (Kamvan Pg. 4, 11 0043 — 11 0051; Fig. 6; Fig. 7),
`
`each subspace category having a relevance bias value, wherein ordering and
`
`10
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`10
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`Application/Control Number: 11/246,432
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`Page 10
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`Art Unit: 2169
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`presenting the one or more items is further based on the relevance bias values of the
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`subspace categories (Kamvan Pg. 4, 11 0043 — 11 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 51, a system claim, contains subject matter similar claim 35 and is
`
`rejected on the same ground.
`
`10.
`
`As to claim 36, the combination of Dutta and Kamvar teaches the method of
`
`claim 35. Kamvar further discloses wherein the relevance bias values are based on the
`
`number of text characters received from the user (Kamvar: Pg. 4, 11 0043 — 11 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.
`
`11.
`
`As to claim 37, the combination of Dutta and Kamvar teaches the method of
`
`claim 35. Kamvar further discloses wherein the subspace categories include a
`
`personalized history category containing terms associated with items identified from
`
`previous incremental finds conducted by the user (Kamvan Pgs. 3-4, 11 0041 — 11 0051;
`
`Fig. 6; Fig. 7; wherein Kamvar discloses previous search requests).
`
`Claim 53, a system claim, contains subject matter similar claim 37 and is
`
`rejected on the same ground.
`
`11
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`11
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`

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`Application/Control Number: 11/246,432
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`Page 11
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`Art Unit: 2169
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`12.
`
`As to claim 38, the combination of Dutta and Kamvar teaches the method of
`
`claim 35. Kamvar further 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, 11 0043 — 11 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 54, a system claim, contains subject matter similar claim 38 and is
`
`rejected on the same ground.
`
`13.
`
`As to claim 39, the combination of Dutta and Kamvar teaches the method of
`
`claim 38. Kamvar further discloses wherein the one or more selected subspace
`
`categories are selected based on the number of text characters received from the user
`
`(Kamvar: Pg. 4, 11 0043 — 11 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 55, a system claim, contains subject matter similar claim 39 and is
`
`rejected on the same ground.
`
`14.
`
`As to claim 40, the combination of Dutta and Kamvar 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, 11 0043 — 11 0049; Fig. 6; Fig. 7;
`
`Fig. 10; Fig. 11).
`
`12
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`12
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`Application/Control Number: 11/246,432
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`Page 12
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`Art Unit: 2169
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`Claim 56, a system claim, contains subject matter similar claim 40 and is
`
`rejected on the same ground.
`
`15.
`
`As to claim 43, the combination of Dutta and Kamvar 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, 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.
`
`16.
`
`As to claim 45, the combination of Dutta and Kamvar 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.
`
`17.
`
`As to claim 46, the combination of Dutta and Kamvar 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.
`
`13
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`13
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`Application/Control Number: 11/246,432
`
`Page 13
`
`Art Unit: 2169
`
`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
`
`matches)
`
`Claim 62, a system claim, contains subject matter similar claim 46 and is
`
`rejected on the same ground.
`
`18.
`
`As to claim 47, the combination of Dutta and Kamvar teaches the method of
`
`claim 34. Dutta discloses wherein 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, Kamvar discloses user-entered prefixes as search terms that activate
`
`searches as more characters are inputted (Kamvar: Pgs. 3-4, 11 0002, 11 0020, 11 0031, 11
`
`0041 - 11 0049; 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, 11 0002, 11 0020, 11 0028-11 0031, 11
`
`0041 — 11 0049; Fig. 1, Fig. 6; Fig. 7).
`
`14
`
`14
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`Application/Control Number: 11/246,432
`
`Page 14
`
`Art Unit: 2169
`
`Claim 63, a system claim, contains subject matter similar claim 47 and is
`
`rejected on the same ground.
`
`19.
`
`As to claim 48, the combination of Dutta and Kamvar 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.
`
`20.
`
`As to claim 49, the combination of Dutta and Kamvar 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 incremental
`
`find, ordering and presenting one or more items to the user, and adjusting the relevance
`
`values of the terms associated with the items (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).
`
`21.
`
`As to claim 65, the combination of Dutta and Kamvar 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 47-65, Col. 4
`
`Lines 20-42, Col. 5 Lines 7-20; Col. 6 Lines 33-36; network and client submits searches
`
`to search engine).
`
`15
`
`15
`
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`

`Application/Control Number: 11/246,432
`
`Page 15
`
`Art Unit: 2169
`
`22.
`
`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 in further view of US
`
`PGPUB 2004/0021691 by Dostie et al. (hereinafter “Dostie”).
`
`23.
`
`As to claim 41, the combination of Dutta and Kamvar teaches the method of
`
`claim 34. Dutta and Kamvar do 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, 11 0079 — 11 0082; 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, 11 0007- 11 0008).
`
`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 Kamvar with Dostie’s "data entry system". The motivation for doing so
`
`would have been to allow rapid text entry by user (Dostie: Pg. 1, 11 0007- 11 0008).
`
`Claim 57, a system claim, contains subject matter similar claim 41 and is
`
`rejected on the same ground.
`
`24.
`
`As to claim 42, the combination of Dutta, Kamvar and Dostie teaches the
`
`method of claim 41. Dutta and Kamvar do not explicitly disclose wherein the hand—held
`
`text_input device is a phone, a mobile computing device, or a remote control device for a
`
`16
`
`16
`
`

`

`Application/Control Number: 11/246,432
`
`Page 16
`
`Art Unit: 2169
`
`television.
`
`However, Dostie discloses “personal computing devices” and “hand-held
`
`devices” with overloaded keys (Dostie: Pg. 5, 11 0067- 11 0068; 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, 11 0007- 11 0008).
`
`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 Kamvar with Dostie’s "data entry system". The motivation for doing so would
`
`have been to allow rapid text entry by user (Dostie: Pg. 1, 11 0007- 11 0008).
`
`Claim 58, a system claim, contains subject matter similar claim 42 and is
`
`rejected on the same ground.
`
`25.
`
`As to claim 44, the combination of Dutta and Kamvar teaches the method of
`
`claim 43. Dutta and Kamvar do 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, 11 0067- 11 0068, 11 0071- 11 0073, 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, 11 0007- 11 0008).
`
`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 Kamvar with Dostie’s "data entry system". The motivation for doing so would
`
`17
`
`17
`
`

`

`Application/Control Number: 11/246,432
`
`Page 17
`
`Art Unit: 2169
`
`have been to allow rapid text entry by user (Dostie: Pg. 1, 11 0007- 11 0008).
`
`Claim 60, a system claim, contains subject matter similar claim 44 and is
`
`rejected on the same ground.
`
`Conclusion
`
`26.
`
`THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded
`
`of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE—MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`27.
`
`Any inquiry concerning this communication or earlier communications from the
`
`Examiner should be directed to Huen Wong whose telephone number is (571) 270-
`
`3426. The examiner can normally be reached on Monday - Friday (8:30 EST - 5:00
`
`EST).
`
`If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s
`
`supervisor, Tony Mahmoudi can be reached on (571) 272-4078. The fax phone number
`
`for the organization where this application or proceeding is assigned is (571) 273-8300.
`
`18
`
`18
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`

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`Application/Control Number: 11/246,432
`
`Page 18
`
`Art Unit: 2169
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair—direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll—free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/H. W./
`
`Nincent Bocciol
`
`Examiner, Art Unit 2169
`
`Primary Examiner, Art Unit 2158
`
`26 March 2010
`
`19
`
`19
`
`

`

`
`
`Application/Control No.
`
`11/246432
`Examiner
`
`Huen Wong
`U.S. PATENT DOCUMENTS
`
`App|icant(s)/Patent Under
`Reexamination
`ARAVAMUDAN ET AL.
`Art Unit
`
`2169
`
`Page 1 °f1
`
`Notice of References Cited
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Classification
`
`US

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