Ex Parte Nuzzi

Patent Trial and Appeal Board

Feb 29, 2016

13050328 (P.T.A.B. Feb. 29, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/050,328 03/17/2011 Frank Anthony Nuzzi
49845 7590 03/02/2016
SCHWEGMAN LUNDBERG & WOESSNER/EBAY
P.O. BOX 2938
MINNEAPOLIS, MN 55402
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
2043.904US 1 2459
EXAMINER
RIES, LAURIE ANNE
ART UNIT PAPER NUMBER
2176
NOTIFICATION DATE DELIVERY MODE
03/02/2016 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):
USPTO@SLWIP.COM
SLW@blackhillsip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte FRANK ANTHONY NUZZI
Appeal2014-002106
Application 13/050,328
Technology Center 2100
Before ELENI MANTIS MERCADER, CARL W. WHITEHEAD JR., and
ADAM J. PYONIN, Administrative Patent Judges.
MANTIS MERCADER, Administrative Patent Judge.
DECISION ON APPEAL
Appeal2014-002106
Application 13/050,328
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from a final rejection of
claims 1-20. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.
THE INVENTION
Appellant's claimed invention is directed to tracking web link usage
of a user, in which a "request for a web page comprising a web link" is
detected, "click history associated with the user" is accessed, and the web
page is modified "utilizing the click history" (Abstract).
Independent claim 1, reproduced below, is representative of the
subject matter on appeal (with emphasis added):
1. A method comprising:
receiving a request for a web page comprising a web link,
the request associated with a user account;
accessing click history associated with the user account,
the click history storing a time-since-click value, the time-
since-click value reflecting a measure of time since the web link
was activated utilizing the user account;
using at least one processor, modifying the web page
utilizing the click history to generate a modified web page, the
modified web page including a modified presentation of the
web link, the modified presentation indicating that less than a
predetermined amount of time elapsed since the last time the
web link was activated; and
serving the modified web page in response to the request
for the web page.
2
Appeal2014-002106
Application 13/050,328
REFERENCES and THE REJECTION
Claims 1-20 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over White (US 2012/0137201 Al; pub. May 31, 2012) in view
of Hayashi (US 2002/0003534 Al; pub. Jan. 10, 2002). Ans. 2; Final Act. 3.
ISSUE
The pivotal issue is whether the Examiner erred in finding that the
combination of White and Hayashi teaches the limitation of "the modified
presentation indicating that less than a predetermined amount of time
elapsed since the last time the web link was activated," as recited in claim 1.
ANALYSIS
We adopt the Examiner's findings in the Answer and add the
following primarily for emphasis.
Appellant argues that the combination of White and Hayashi fails to
suggest "the modified presentation indicating that less than a predetermined
amount of time elapsed since the last time the web link was activated,"
because "Hayashi calculates the time elapsed after a click on an icon and this
value is then used to determine the position to which the icon is to be
moved" (App. Br. 12). Appellant contends "the presentation of an icon or a
thumbnail in Hayashi is not modified and also does not indicate in any way
that less than a predetermined amount of time elapsed since 'the last time the
web link was activated' or since any other event" (App. Br. 15; see also
Reply Br. 2).
We are not persuaded by Appellant's argument. The Examiner finds,
and we agree, that "the calculation of an elapsed time following the clicking
3
Appeal2014-002106
Application 13/050,328
of an icon indicating a link is taught by Hayashi" (Ans. 9), that White
teaches "specifically modifying a web page based upon a click history of
web links" (Ans. 10), and "including changing the appearance of
corresponding links on the web page" (Ans. 3). Additionally, the Examiner
finds, and we agree, that White teaches "a click statistics database that stores
historical information pertaining to user click history, including time period
information" (Ans. 3, citing White i-f 46). This portion of White connects
"current browsing history" to time periods such as "the current week,"
which itself indicates that less than a predetermined time of seven days has
elapsed.
We find one of ordinary skill in the art would pursue a limited number
of solutions in which to convey an elapsed time as taught by Hayashi into
the changed appearance of a link as taught by White, and one such solution
is through a changed link appearance "indicating that less than a
predetermined amount of time elapsed," as claimed by Appellant. We thus
find the combination of White and Hayashi teaches the claimed limitation.
See KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398, 402--403 (2007).
Accordingly, we sustain the Examiner's rejection of independent
claim 1, as well as independent claims 11 and 20, and dependent claims 2-
10, and 12-19 which were not separately argued.
CONCLUSION
The Examiner did not err in finding that the combination of White and
Hayashi teaches the limitation of "the modified presentation indicating that
less than a predetermined amount of time elapsed since the last time the web
link was activated," as recited in claim 1.
4
Appeal2014-002106
Application 13/050,328
DECISION
The Examiner's decision rejecting claims 1-20 is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
5