Facebook, Inc.Download PDFPatent Trials and Appeals BoardNov 6, 202014446176 - (D) (P.T.A.B. Nov. 6, 2020) Copy Citation 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. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/446,176 07/29/2014 Giridhar Rajaram 26295-26865 5959 87851 7590 11/06/2020 Facebook/Fenwick Silicon Valley Center 801 California Street Mountain View, CA 94041 EXAMINER SCHMUCKER, MICHAEL W ART UNIT PAPER NUMBER 3681 NOTIFICATION DATE DELIVERY MODE 11/06/2020 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): fwfacebookpatents@fenwick.com ptoc@fenwick.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte GIRIDHAR RAJARAM, WEIWEI DING, XINGYAO YE, and LEON CHO ____________ Appeal 2019-005774 Application 14/446,176 Technology Center 3600 ____________ Before MICHELLE R. OSINSKI, WILLIAM A. CAPP, and MICHAEL L. WOODS, Administrative Patent Judges. CAPP, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant1 seeks our review under 35 U.S.C. § 134(a) of the final rejection of claims 1–18. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. THE INVENTION Appellant’s invention relates to online associations in the context of social media. Spec. ¶¶ 1–4. Claim 12, reproduced below with paragraph indentation added, is illustrative of the subject matter on appeal. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies Facebook, Inc. as the Applicant and real party in interest. Appeal Br. 1. Appeal 2019-005774 Application 14/446,176 2 12. A computer program product comprising a non-transitory computer-readable storage medium having instructions encoded thereon that, when executed by a processor, cause the processor to: maintain a plurality of interests at an online system associated with one or more users of an online system, each interest associated with a type, and information describing associations between interests based at least in part on the types associated with interests; receive a request from a user to generate targeting criteria associated with a content item, the targeting criteria identifying one or more characteristics of users eligible to be presented with the content item; communicate instructions from the online system for generating an interface to a client device associated with the user, the interface including multiple fields that are each associated with one or more targeting criteria; receive an input identifying an interest for inclusion in the targeting criteria via the interface generated by the client device from the instructions from the online system; identify one or more candidate interests from the maintained plurality of interests, at least a portion of each candidate interest matching at least a portion of the received input; select a set of interests from the one or more candidate interests by applying one or more rules to the candidate interests, the one or more rules specifying criteria for excluding one or more candidate interests from the set of interests based on one or more types associated with the one or more candidate interest; present one or more interests of the selected set of interests to the user for specifying the targeting criteria via the interface, the one or more interests of the selected set of interests presented in the interface proximate to the input received from the interface; receiving, at the online system, a selection of an interest of the one or more interests of the selected set of interests via the interface; and storing the selected interest of the one or more interests of the selected set of interests in the targeting criteria associated with the content item by the online system. Appeal 2019-005774 Application 14/446,176 3 THE REJECTIONS The Examiner relies upon the following as evidence in support of the rejections: NAME REFERENCE DATE King US 2010/0228582 A1 Sept. 9, 2010 Kang US 2011/0238495 A1 Sept. 29, 2011 Soroca US 2013/0055097 A1 Feb. 28, 2013 The following rejections are before us for review: 1. Claims 1–18 are rejected under 35 U.S.C. § 101 as directed to a judicial exception to patent eligible subject matter. 2. Claims 1–18 are rejected under 35 U.S.C. § 103 as being unpatentable over Kang, King, and Soroca. OPINION Eligible Subject Matter Appellant argues all pending claims as a group. Appeal Br. 4–8. We select claim 12 as representative. See 37 C.F.R. § 41.37(c)(1)(iv). An invention is patent-eligible if it claims a “new and useful process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101. However, the courts recognize certain judicial exceptions to Section 101, namely: (1) laws of nature, (2) natural phenomena, and (3) abstract ideas. See Mayo Collaborative Servs. v. Prometheus Labs, Inc., 566 U.S. 66, 70–71 (2012). The Supreme Court has set forth “a framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts.” Alice Corp. v. CLS Bank Int’l, 573 U.S. 208, 217 (2014) (citing Mayo, 566 U.S. Appeal 2019-005774 Application 14/446,176 4 at 72–73). According to the Supreme Court’s framework, we must first determine whether the claims at issue are directed to one of those concepts. Id. If so, we must secondly “consider the elements of each claim both individually and ‘as an ordered combination’ to determine whether the additional elements ‘transform the nature of the claim’ into a patent-eligible application.” Id. In situations where an abstract idea is implemented on a computer, the first step in the Alice/Mayo analysis asks whether the focus of the claims is on a specific improvement in computer capabilities or, instead, on a process that qualifies as an “abstract idea” for which computers are invoked merely as a tool. Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335–36 (Fed. Cir. 2016). The Supreme Court characterizes the second step of the analysis as “a search for an ‘inventive concept’ — i.e., an element or combination of elements that is ‘sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.”’ Alice, 573 U.S. at 217–18 (brackets in original) (quoting Mayo, 566 U.S. at 72). Where the claim is directed to an abstract idea that is implemented on a computer, merely stating the abstract idea while adding the words “apply it” is not enough to establish such an inventive concept. See Alice, 573 U.S. at 223. [I]f that were the end of the § 101 inquiry, an applicant could claim any principle of the physical or social sciences by reciting a computer system configured to implement the relevant concept. Id. at 224. Appeal 2019-005774 Application 14/446,176 5 Under the PTO’s guidelines, in conducting step one of the Alice framework, we first look to whether the claim recites: (1) any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human interactions such as a fundamental economic practice, or mental processes); and (2) additional elements that integrate the judicial exception into a practical application (see MPEP § 2106.05(a)–(c), (e)–(h)). 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019) (the “Guidelines”). In other words, under prong 1 of an abstract idea analysis, we look to whether the claim recites an abstract idea. Then, if it does, under prong 2, we look at the claim, as a whole, and determine whether the claim is “directed to” the abstract idea or, instead, is “directed to” a “practical application” of the abstract idea. Step 1, Prong 1 The Guidelines identify three key concepts identified as abstract ideas: (a) mathematical concepts including “mathematical relationships, mathematical formulas or equations, mathematical calculations”; (b) certain methods of organizing human activity, such as “fundamental economic principles or practices,” “commercial or legal interactions,” and “managing personal behavior or relationships or interactions between”; and (c) mental processes including “observation, evaluation, judgment, [and] opinion.” Guidelines, 84 Fed. Reg. at 52. With respect to the first step, the Examiner determines that the claims are directed to an abstract idea. Final Act. 3. According to the Examiner, the steps are directed to an abstract idea in the form of a method of organizing human activity. Final Act. 4. Appellant argues that claim 1 does Appeal 2019-005774 Application 14/446,176 6 not recite an abstract idea. Appeal Br. 5. In the ensuing discussion, Appellant merely paraphrases the claim language and describes the various functions that are performed by the claimed computer program. Id. at 4–6. In response, the Examiner reiterates that the claim is directed to the abstract idea of organizing human activity. Ans. 6. In reply, Appellant argues that the claims are not “directed to” an abstract idea because they are integrated into a practical application. Reply Br. 1–3. There is little question here that claim 12 recites an abstract idea. Appellant’s Specification explains that the invention collects and processes information related to a social media user’s interests. Spec. ¶¶ 5–6. This concept is captured in the recitations of claim 12. Claims App. This subject matter is properly considered as a method of “managing personal behavior” under our Guidelines. A method of organizing human activity is recognized by the courts as an abstract idea. See In re TLI Communications LLC Patent Litig., 823 F.3d 607, 613 (Fed. Cir. 2016) (classifying and storing digital images is an abstract idea as a method of organizing human activity); see also Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367 (Fed. Cir. 2015) (tracking financial transactions to determine whether they exceed a pre-set spending limit is an abstract idea as a method of organizing human activity); Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318 (Fed. Cir. 2016) (screening messages is an abstract idea as a method of organizing human activity); BASCOM Glob. Internet Servs., Inc. v. AT&T Mobility LLC, 827 F.3d 1341, 1348 (Fed. Cir. 2016) (filtering internet content is an abstract idea as a method of organizing human behavior). Appeal 2019-005774 Application 14/446,176 7 The claims here relate to managing user behavior by collecting data about and for the user, processing the data, and notifying the user of the results of such data processing. Claims App. As such, the method recites an abstract idea. Step 1, Prong 2 Under Prong 2 of Step 1 of the Guidelines, we do not assume that such claims are directed to patent ineligible subject matter because “all inventions at some level embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas.” In re TLI Commc’ns LLC Patent Litig., 823 F.3d 607, 611 (Fed. Cir. 2016) (quoting Alice). Instead, “the claims are considered in their entirety to ascertain whether their character as a whole is directed to excluded subject matter.” McRO, Inc. v. Bandai Namco Games America Inc., 837 F.3d 1299, 1312 (Fed. Cir. 2016). If the claims are not directed to an abstract idea, the inquiry ends. Guidelines. If the claims are “directed to” an abstract idea, then the inquiry proceeds to the second step of the Alice framework. Id. Consequently, we consider whether the claimed user interest system includes additional elements that integrate the judicial exception into a practical application. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. Guidelines. Here, Appellant argues that claim 12 is not directed to an abstract idea because it recites a practical application. Appeal Br. 7. Appellant describes the computer software application as “practical” because it involves: Appeal 2019-005774 Application 14/446,176 8 [A] method for generating targeting criteria through a customized interface, where the generated targeting criteria are stored for subsequent use in targeting users of an online system for the purpose of serving content to the users of the online system. Thus, when an advertiser wants to present ad content to users of the online system, the method presents a customized interface to the advertiser using which the advertiser may select specific interests for use as targeting criteria with the ad content. Id. Appellant recites computer software that is executed by a processor to perform a series of data collection, processing, storage, and display functions, namely: (1) maintain . . . interests . . . associated with . . . users; (2) receive a request from a user to generate . . . criteria; (3) communicate instructions . . . for generating an interface; (4) receive an input; (5) identify . . . interests; (6) select . . . interests . . . by applying . . . rules; (7) present . . . interests . . . to the user; (8) receive . . . selection of an interest; (9) store the selected interest . . . in the targeting criteria. Claims App. All of these functions are abstract in nature. See Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1353 (Fed. Cir. 2016) (explaining that information as such is an intangible). Appellant demonstrates a fundamentally incorrect understanding of what it means for an idea to be integrated into a “practical” application. The notion that implementation of Appellant’s method may result in more efficient presentation of advertising content to a user does not render the claim any less abstract. See Bancorp Servs., L.L.C. v. Sun Life Assur. Co. of Appeal 2019-005774 Application 14/446,176 9 Canada (U.S.), 687 F.3d 1266, 1278 (Fed. Cir. 2012) (explaining that performance by computer of operations that previously were performed manually, albeit less efficiently, does not convert an abstract idea into eligible subject matter). Furthermore, the prospect that Appellant’s method uses a computerized “tool” does not render the claims less abstract. An abstract idea does not become non-abstract by limiting the invention to a particular technological environment. Intellectual Ventures I, 792 F.3d at 1367; see also Affinity Labs of Texas, LLC v. DirecTV, LLC, 838 F.3d 1253, 1259 (Fed. Cir. 2016) (Merely limiting the field of use of the abstract idea to a particular existing technological environment does not render the claims any less abstract); see also Alice, 573 U.S. at 224 (the fact a computer exists in the physical realm is beside the point). Unlike Enfish, the focus of the instant claims is not on improving a computer, but rather on a process for which computers are invoked merely as a tool. See Enfish, 822 F.3d at 1335–36. Computer implemented software does not become a “practical” application just because it allows a computer to accomplish something that it would not otherwise be able to do without the software. Programming a computer to add two plus two may, in some sense, be considered “practical” in that it obviates the need to perform the calculation using pencil and paper. However, a “practical application,” under our Guidelines and prevailing case law, requires more. Merely creating a computer software application and then telling a computer to “apply it” is not enough to avoid a judicial exception to patentable subject matter. Alice, 573 U.S. at 223–24. Appeal 2019-005774 Application 14/446,176 10 To illustrate what is required for an invention to be “integrated” into a “practical application,” we reversed an Examiner’s Section 101 rejection in the case of Ex Parte Hladio, 2019 WL 2285538 (PTAB April 29, 2019). In that case, the inventor used sensor and computer technology to improve a surgical procedure that entailed navigation and alignment of a surgical tool and a patient’s bone. Id. We noted that both the bone and the surgical tool were physical real world tangible items. Id. We further noted that the invention was directed to improving the performance and outcome of the surgical procedure as a result of improved bone-tool alignment. Id. We reversed the Examiner in that case because, although the claims recited an abstract idea, the idea was integrated into an application that was “practical.” Id. In contrast, Appellant collecting information about a user’s interests and then generating and displaying advertisements to the user that correlate with those interests falls short of the standard of “practical application” required by the Guidelines. The Examiner is correct that Appellant’s claimed software application merely uses generic computer equipment to implement the abstract idea on a computer. Ans. 6. The claims, thus, fail to integrate the judicial exception into a practical application and, therefore, are “directed to” an abstract idea. Step 2 Turning to step 2 of the Alice/Mayo analysis, we look more precisely at what the claim elements add in terms of whether they identify an “inventive concept” in the application of the ineligible matter to which the claim is directed to. SAP Am., Inc. v. InvestPic, LLC, 898 F.3d 1161, 1167 (Fed. Cir. 2018). “A claim that recites an abstract idea must include ‘additional features’ to ensure ‘that the [claim] is more than a drafting effort Appeal 2019-005774 Application 14/446,176 11 designed to monopolize the [abstract idea].’” Alice, 573 U.S. at 221 (quoting Mayo, 566 U.S. at 77–78). Those “additional features” must be more than well-understood, routine, conventional activity. Mayo, 566 U.S. at 79. Under step two of the Alice/Mayo framework, the Examiner determines, that the recited claim limitations are “all functions that the courts have recognized to be well-understood, routine, conventional, and normal computer operation.” Final Act. 6. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the only other element in the claims besides the abstract ideas identified above is a generic computer structure, “an online system”, “computer program product comprising a computer-readable storage medium having instructions encoded thereon that, when executed by a processor” that is merely performing or applying the abstract ideas. Id. Appellant’s Specification describes the information processing system used in the invention in the following terms. The client devices 110 are one or more computing devices capable of receiving user input as well as transmitting and/or receiving data via the network 120. . . . client device 110 is a conventional computer system, such as a desktop or a laptop computer. Alternatively, a client device 110 may be a device having computer functionality, such as a personal digital assistant (PDA), a mobile telephone, a smartphone or another suitable device. A client device 110 is configured to communicate via the network 120 . . . client device 110 executes an application allowing a user of the client device 110 to interact with the online system 140. For example, a client device 110 executes a browser application to enable interaction between the client device 110 and the online system 140 via the network 120. . . . client device 110 interacts with the online Appeal 2019-005774 Application 14/446,176 12 system 140 through an application programming interface (API) running on a native operating system of the client device 110, such as IOS® or ANDROID™. Spec. ¶ 13. The client devices 110 are configured to communicate via the network 120, which may comprise any combination of local area and/or wide area networks, using both wired and/or wireless communication systems. . . . network 120 uses standard communications technologies and/or protocols. Id. ¶ 14. Appellant’s briefs do not mention, much less argue, step two of the Alice/Mayo analysis. See generally Appeal Br., Reply Br. Thus, Appellant does not identify a single element in the claim that purportedly amounts to more than what is well-understood, routine, or conventional. Id. To be clear, it is not that we disagree with Appellant as to whether certain elements are well-understood, routine, or conventional. Here, Appellant does not identify any elements in the claim, individually or as an ordered combination, as providing an inventive concept. There is no indication in the Specification that Appellant has achieved an advancement or improvement in computer processing technology. See generally Spec. There is similarly no indication in the Specification that Appellant has achieved an advancement or improvement in user interface or display technology. Id. All of the data processing, sensing, and input-output devices, as well as their interconnections, are described at a high level of generality that presumes familiarity on the part of the reader. Id. A patent applicant is required to submit a specification that contains a written description of the invention in “full, clear, concise, and exact terms.” 35 U.S.C. § 112(a). For Appeal 2019-005774 Application 14/446,176 13 purposes of the Alice/Mayo analysis, a specification demonstrates the well- understood, routine, conventional nature of step 2 “additional elements” when it describes them in a manner that indicates they are sufficiently well- known that they need not be described with particularity to satisfy 35 U.S.C. § 112(a). That is the case here. Appellant’s invention is quintessentially “collecting information, analyzing it, and displaying certain results of the collection and analysis.” Elec. Power Grp., 830 F.3d at 1353. Appellant’s method recites an “abstract idea” for which computers are invoked merely as a tool. Enfish, 822 F.3d at 1335–36. In short, claim 12 is directed to an abstract idea that is implemented on a computer in a manner that merely states the abstract idea while adding the words “apply it.” See Alice, 573 U.S. at 223. This is not sufficient for patent eligibility. Id. We have considered Appellant’s remaining arguments and find them to be without merit. Accordingly, for the above reasons, the recited elements of claim 12, considered individually and as an ordered combination, do not constitute an “inventive concept” that transforms independent claim 12 into patent-eligible subject matter. On this record, we affirm the Examiner’s Section 101 rejection of claims 1–18. Unpatentability of Claims 1–18 over Kang, King, and Soroca Appellant argues claims 1–18 as a group. Appeal Br. 8–12. Claim 12 is representative. See 37 C.F.R. § 41.37(c)(1)(iv). The Examiner finds that Kang discloses the invention substantially as claimed except for a user interface, for which the Examiner relies on Soroca. Final Act. 11–12. The Examiner concludes that it would have been obvious Appeal 2019-005774 Application 14/446,176 14 to a person of ordinary skill in the art at the time the invention was made to incorporate a user interface into Kang as taught by Soroca to achieve the claimed invention. Id. at 12. According to the Examiner, a person of ordinary skill in the art would have done this to more advantageously select advertising content to present to a user. Id. Appellant argues that the prior art does not receive a request from a user as claimed. Appeal Br. 9. Appellant argues that Kang uses meta information associated with a content item to generate a keyword based advertisement. Id. In response, the Examiner explains that Kang’s meta information associated with its content generates a keyword and that the keywords are the user interests in the user’s search. Ans. 9. In reply, Appellant attempts to distinguish over Kang by arguing that the “request” at issue is “for generating” targeting criteria identifying one or more characteristics of users eligible to be presented with a content item. Reply Br. 5. Kang is directed to a keyword advertisement method. Kang, Abstract. In Kang, a user is able to use on-line multimedia content free of charge. Id. An advertiser enables targeted advertisements to users of the multimedia content. Id. The advertiser does this to induce traffic to a target website or other target advertisement contents. Id. In Kang, as correctly found by the Examiner, a user searches for online media content using keywords. Ans. 9. In response to the search request, the user receives the requested media content along with selected advertisements that are targeted at the user’s interests. Id. Appellant’s Specification explains that a user who has characteristics that match an interest specified in targeting criteria is “eligible” to be Appeal 2019-005774 Application 14/446,176 15 presented an advertising content item. Spec. ¶ 49. Appellant does not adequately explain why Kang’s users are not “eligible” to be presented with content. Similarly, Appellant fails to adequately explain how Kang’s use of meta information associated with a content item to generate a keyword based advertisement does not “generate” — “targeting criteria” within the meaning of claim 12. Reply Br. 5. A person of ordinary skill in the art would understand that advertisements that are targeted at a user are selected because they satisfy targeting criteria. The mere fact that Kang uses slightly different terminology in its description is inconsequential to our analysis. See In re Gleave, 560 F.3d 1331, 1334 (Fed. Cir. 2009) (a reference need not satisfy an ipsissimis verbis test). Appellant next argues that the prior art does not “identify interests” from “maintained interests” as claimed. Appeal Br. 9. In response, the Examiner directs our attention to paragraphs 244 and 294 of Kang, which disclosure is buttressed by paragraphs 373, 384, 385, and 389, as disclosing previous searches that satisfy Appellant’s claim language directed to “maintained” interests. Ans. 10. In reply, Appellant directs our attention to paragraph 41 of the Specification as defining what it means to “maintain interests.” Reply Br. 6. Appellant argues that the Examiner overlooks the “maintain a plurality of interests . . .” limitation in claim 12. Id. at 7. Kang explicitly discloses that keyword advertisement target text is “generated and stored.” Kang ¶ 384. This is sufficient evidence to support the Examiner’s finding that interests are “maintained” in Kang. Finally, Appellant argues that the prior art fails to disclose a user interface as claimed. Appeal Br. 10–11. According to Appellant, Soroca merely provides a user interface for specifying targeting criteria, but does Appeal 2019-005774 Application 14/446,176 16 not generate a user interface “based on maintained user interests.” Id. at 11. In response, the Examiner states that Soroca’s user interface is used to input and store targeting information. Ans. 10 (citing Soroca ¶¶ 862, 1174, 1247, Figs. 19, 32). In addition to the passages cited by the Examiner, Soroca teaches the following concerning the storage and maintenance of user interests. [A] parameter may be used to determine . . . the relevancy of a mobile content. A parameter may be information relating to a mobile communication facility 102. This information may relate to a user characteristic. User characteristics may include a user’s age, sex, race, religion, area code, zip code, home address, work address, billing address, credit information, family information, income information, birth date, birthplace, employer, job title, length of employment, and other information associated with user characteristics. For example, the user characteristic, employer, may be used to determine, in part, the relevancy of news headlines within a search result derived from an automatically generated search query of news headlines. If the user’s employer was an automotive manufacturer, news headlines relating to autoworker layoffs may be determined to be more relevant than headlines relating to currency fluctuations. Soroca ¶ 139. [A] parameter may also relate to a user history, a user transaction, a geographic location, geographic proximity, a user device, a time, and or other user characteristics. For example, parameters relating to a user may include age (27), sex (male), previous user transactions (purchase of a jazz recording), and geographic location (New York City). The automatically generated search may return search results that are ranked, ordering, indexed, and or prioritized by their relevance to a user characteristic or plurality of user characteristics. Id. ¶ 140. A person of ordinary skill in the art would understand, from Soroca’s reference to “user history” that Soroca’s system stores or maintains Appeal 2019-005774 Application 14/446,176 17 data related to user interests and that such stored data is relationally connected to Soroca’s user interface. Appellant’s argument that information regarding user interests in Soroca’s user interface is not “maintained” cannot be supported by the record before us. The Examiner’s findings of fact are supported by a preponderance of the evidence and the Examiner’s legal conclusion of unpatentability is well- founded. In view thereof, we sustain the Examiner’s unpatentability rejection of claims 1–18. CONCLUSION Claims Rejected § Reference(s)/Bases Affirmed Reversed 1-18 101 Eligibility 1-18 1-18 103 Kang, Soroca, King 1–18 Overall Outcome 1–18 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation