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 2231371450
`www.uspto.gov
`
`15/653,349
`
`07/18/2017
`
`Kieran Boyle
`
`10033-2024201
`
`8705
`
`Maurlel Kapouytlan Woods LLP
`15 W 26th Street
`7th Floor
`
`mom
`
`MCINTOSH' ANDREW T
`
`2176
`
`MW
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/ 1 1/2019
`
`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
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`following e—mail address(es):
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`docket @ mkwllp . com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/653,349
`Examiner
`ANDREW T MCINTOSH
`
`Applicant(s)
`Boyle, Kieran
`Art Unit
`2176
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS 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.
`|f 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). Responsive to communication(s) filed on December 26, 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—22 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] 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).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:J Some**
`
`C)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] 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) C] Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190206
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 2
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`DETAILED ACTION
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`This action is in response to Applicant’s Amendment ("Response") received on
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`December 26, 2018 in response to the OfficeAction dated September 26, 2018. This action
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`is made Final.
`
`Claims 1-22 are pending in the case.
`
`Claims 1, 11, and 20 are independent claims.
`
`Claims 1-22 are rejected.
`
`Notice ofPre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under
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`the first inventor to file provisions of the AIA.
`
`Applicant’s Response
`
`In Applicant’s Response, Applicant submitted arguments against the prior art in the
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`OfficeAction dated September 26, 2018.
`
`Based on the approved Terminal Disclaimer dated 12/26/2018, the Examiner
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`withdraws the corresponding rejection of claims 1-22 under non-statutory double
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`patenting.
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`

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`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 3
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`Claim Rejections - 35 USC§ 1 03
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`The following is a quotation of35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`A patent for a Claimed invention may not be obtained, notwithstanding that the Claimed invention
`is not identically disclosed as set forth in section 102, if the differences between the Claimed
`invention and the prior art are such that the Claimed invention as a whole would have been
`obvious before the effective filing date of the Claimed invention to a person having ordinary skill
`in the art to which the Claimed invention pertains. Patentability shall not be negated by the
`manner in which the invention was made.
`
`Claims 1, 2, 4, 7-11, 13, and 16-20 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Agarwal et al., US Patent Application No. 20160140626 ("Agarwal”)
`
`(supported by Specification in provisional app. No. 62/062,943), and further in view of
`
`Hickman, US Patent Application Publication US 2009/0265620 ("Hickman”).
`
`Claim 1:
`
`Agarwal teaches or suggests a system comprising one or more processors and a non-
`
`transitory medium comprising program logicfor execution by the one or more processors, the
`
`program logic comprising:
`
`a native advertisement injection engine that:
`
`generates a single script blockfor placement at a single location on an HTML
`
`document in response to a creation ofone or more ad unitsfor the HTML document, the single
`
`script block including one or more section codes that correspond to one or more sections of
`
`the HTML document (see para. 0019 - Global tag can be a common snippet ofcode that
`
`needs to be inserted once in every page. This snippet might have configurable parameters;
`
`para. 0024 - advertisement-related scripts (e.g. global tags) ; para. 0028 - advertisement
`
`selector is placed in the web page document; para. 0030 - global tag calls to backend
`
`application ( e.g. an application engine) with the current page URL and other parameters
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 4
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`(e.g. web browser, Internet protocol (IP) address, location, etc.). In step 206, based on these
`
`parameters backend application generates advertisement placement information and/or
`
`configuration, and sends it to the browser in form of ISON. global tag parses the ISON, and
`
`starts placement of advertisement units at the places described.),-
`
`generates scriptfor obtaining logic and metadatafor injecting native advertisements
`
`in the HTML document basedon the one or more section codes (see para. 0030 - generates
`
`advertisement placement information and/or configuration, and sends it to the browser in
`
`form of ISON. the advertisement units are populated with the relevant configuration ( e.g.
`
`advertisement network, advertisement size, etc.) and advertisement code is initialized,-
`
`para. 0049 - multiple placements are created, and fuzzy selectors based on them are
`
`generated. Some examples of these methods are provided infra. In step 918, these fuzzy
`
`selectors are then populated with user defined advertisement settings.) ,-
`
`provides the script in response to a requestgenerated by the single script block (see
`
`para. 0030 — generates advertisement placement information and/or configuration, and
`
`sends it to the browser in form of ISON. the advertisement units are populated with the
`
`relevant configuration (e.g. advertisement network, advertisement size, etc.) and
`
`advertisement code is initialized,- para. 0049 - multiple placements are created, and fuzzy
`
`selectors based on them are generated. Some examples of these methods are provided
`
`infra. In step 918, these fuzzy selectors are then populated with user defined advertisement
`
`settings.) ,-
`
`provides one or more native advertisements in response to an ad callgenerated by the
`
`script, the one or more native advertisementsfor injection in the one or more sections ofthe
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`HTML document basedon the logic and the metadata (see Fig. 2,- para. 0025 - XML Path
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 5
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`Language (XPath) can be a query language (e.g. for selecting nodes from an XML document;
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`para. 0030 - starts placement of advertisement units at the places described. the
`
`advertisement units are populated with the relevant configuration (e.g. advertisement
`
`network, advertisement size, etc.) and advertisement code is initialized. In step 212, the
`
`advertisement(s) can be displayed on the web page(s),- para. 0041 - placement of
`
`advertisements within aweb page document. implement CSS/XPATH selectors. AP engine
`
`306 can support said CSS/XPATH selectors (e.g. fuzzy selectors),- para. 0049 - calls to a
`
`backend server (e.g. Ap_Engine 306) with the current page URL and other parameters ( e.g.
`
`web browser type, 1P, location etc.). In step 906, based on the parameters, Ap Engine 306
`
`checks if there is any advertisement placement information and configuration,- para. 0055 -
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`advertisements can be rendered and/or called on the client-side by a scripting language
`
`like ]avaScript. can then return advertisements in real time and/or maintain a cache of
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`advertisements.) .
`
`Hickman specifically teaches syndication script used to invoke methods for
`
`retrieving relevant ads (see para. 0044 - insert snippets, e.g., ]avaScript, to define locations
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`at which advertisements are to be rendered and to implement requests for advertisements
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`the advertisement management system; para. 0045 - each syndication space can be
`
`associated with one or more attributes,- para. 0050 - Similar to the syndication spaces 118,
`
`120 and 122, the advertisements 117, 119 and 121 can also be associated with attributes,-
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`para. 0055 -visual indication 128 of the attributes of each syndication space,- Claim 8 - the
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`attributes include a name, a price, a format, and an availability of the syndication space.).
`
`Accordingly, it would have been obvious to one having ordinary skill before the
`
`effective filing date of the claimed invention to modify the system and method, taught in
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 6
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`Agarwal to include syndication script used to invoke methods for retrieving relevant ads for
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`the purpose of efficiently indicating attributes used for association with ads and potential
`
`placeholders, as taught by Hickman.
`
`o Claim(s) 11 and 20:
`
`o Claim(s) 11 and 20 correspond to Claim 1, and thus, Agarwal and Hickman
`
`teach or suggest the limitations of claim(s) 11 and 20 as well.
`
`Claim 2:
`
`Agarwal further teaches or suggests wherein the metadata includes one or more
`
`sections within a Document Object Modelofthe HTML document as valid contentstreamsfor
`
`native ad placement containers (see para. 0049 — to automate the process of visual analysis
`
`of the page, and create automatic placements can be implemented. starts placement of
`
`advertisement units at the places described. Web Page DOM analysis, etc.) multiple
`
`placements are created, and fuzzy selectors based on them are generated; para. 0052 -
`
`Webpage DOM analysis Advertisement sized containers inject ( e.g. append, prepend, insert
`
`before or insert after) into various elements of the page. These elements can be selected
`
`based on some thresholds. fuzzy selectors can be returned with the information about
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`compatible advertisement sizes.).
`
`Claim 4:
`
`Wherein the metadata includes a start position for injecting native advertisements
`
`(see para. 0049 — to automate the process of visual analysis of the page, and create
`
`automatic placements can be implemented. starts placement of advertisement units at the
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 7
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`places described. Web Page DOM analysis, etc.) multiple placements are created, and fuzzy
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`selectors based on them are generated; para. 0052 - Webpage DOM analysis Advertisement
`
`sized containers inject( e.g. append, prepend, insert before or insert after) into various
`
`elements of the page.).
`
`0 Claim(s) 13:
`
`o Claim(s) 13 correspond to Claim 4, and thus, Agarwal and Hickman teach or
`
`suggest the limitations of claim(s) 13 as well.
`
`Claim 7:
`
`Agarwal further teaches or suggests wherein the single script block is generated in
`
`response to inputs at a user interface for creating the one or more ad units for the HTML
`
`document (see para. 0028 - a web-page document visual editor can be provided. visual
`
`editor can be used to generate said advertisement selector. Location vis-a-vis the web-page
`
`element can be set with one of four operations (e.g. append, prepend, insert before, insert
`
`after). These operations can be accessed via a drop-down menu and/or other visual editor
`
`interface.) .
`
`o Claim(s) 16:
`
`o Claim(s) 16 correspond to Claim 7, and thus, Agarwal and Hickman teach or
`
`suggest the limitations of claim(s) 16 as well.
`
`Claim 8:
`
`Agarwal further teaches or suggests wherein the requestfor the syndication script is
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`asynchronouslygenerated by the single script block when a user accesses the HTML document
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 8
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`(see Fig. 2,- para. 0028 - advertisement-sized block can be replaced with the actual
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`advertisement (e.g. as configured by the user in step 110) when the web page is visited by a
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`visiting user,- para. 0030 - a user visits web page on which global tag is installed. In step
`
`204, global tag calls to backend application. based on these parameters backend
`
`application generates advertisement placement information and/or configuration, and
`
`sends it to the browser in form of ISON ,- para. 0049 - to automate the process of visual
`
`analysis of the page, and create automatic placements can be implemented. visits web page
`
`on which global tag installed. In step 904, the global tag calls to a backend server (e.g.
`
`Ap_Engine 306) with the current page URL and other parameters (e.g. web browser type,
`
`1P, location etc.). In step 906, based on the parameters, Ap_Engine 306 checks if there is any
`
`advertisement placement information and configuration, and sends it to the browser in
`
`form of ISON. In step 908, the global tag parses the ISON, and starts placement.).
`
`0 Claim(s) 17:
`
`o Claim(s) 17 correspond to Claim 8, and thus, Agarwal and Hickman teach or
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`suggest the limitations of claim(s) 17 as well.
`
`Claim 9:
`
`Agarwal further teaches or suggests wherein the syndication script automatically
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`generates the ad call upon storage and installation at a user device usedfor accessing the
`
`HTML document (e.g. as configured by the user in step 110) when the web page is visited by
`
`a visiting user,- para. 0030 - a user visits web page on which global tag is installed. In step
`
`204, global tag calls to backend application. based on these parameters backend
`
`application generates advertisement placement information and/or configuration, and
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 9
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`sends it to the browser in form of ISON ,- para. 0049 - to automate the process of visual
`
`analysis of the page, and create automatic placements can be implemented. visits web page
`
`on which global tag installed. In step 904, the global tag calls to a backend server (e.g.
`
`Ap_Engine 306) with the current page URL and other parameters (e.g. web browser type,
`
`lP, location etc.). In step 906, based on the parameters, Ap_Engine 306 checks if there is any
`
`advertisement placement information and configuration, and sends it to the browser in
`
`form of ISON. In step 908, the global tag parses the ISON, and starts placement.).
`
`0 Claim(s) 18:
`
`o Claim(s) 18 correspond to Claim 9, and thus, Agarwal and Hickman teach or
`
`suggest the limitations of claim(s) 18 as well.
`
`Claim 10:
`
`Agarwal further teaches or suggests wherein the one or more native advertisements
`
`include a plurality ofad unitformats (see para. 0028 - advertisement size (and/or other
`
`advertisement attributes) can be identified; para. 0030 - relevant configuration (e.g.
`
`advertisement network, advertisement size, etc.) ,- para. 0056 - call can obtain an
`
`advertisement creative (e.g. advertisement text, advertisement size, advertisement image,
`
`advertisement attributes like landing URL, etc.).
`
`o Claim(s) 19:
`
`o Claim(s) 19 correspond to Claim 10, and thus, Agarwal and Hickman teach or
`
`suggest the limitations of claim(s) 19 as well.
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 10
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`Claims 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Agarwal, in view of, Hickman, and Gallo et al., US Patent Application Publication
`
`2013/0332815 ("Gallo").
`
`Though Agarwal teaches or suggests metadata for subsequent injections of native
`
`advertisements (see para. 0049 — to automate the process of visual analysis of the page,
`
`and create automatic placements can be implemented. starts placement of advertisement
`
`units at the places described. Web Page DOM analysis, etc.) multiple placements are
`
`created, and fuzzy selectors based on them are generated; para. 0052 - Webpage DOM
`
`analysis Advertisement sized containers inject ( e.g. append, prepend, insert before or
`
`insert after) into various elements of the page.), Agarwal fails to explicitly disclose wherein
`
`the metadata includes a skip parameterfor determining locations.
`
`Gallo teaches wherein the metadata includes a skip parameterfor determining
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`locations (see para. 0016 - selection is received of the one or more web page elements
`
`subject to customization and a plurality of customization types for the user-selected web
`
`page element are enumerated, typically either hiding the web page element from the
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`virtual view or skipping to the web page element and start outputting content at that
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`element. An XPath expression according to the rule is applied to locate the element and the
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`screen reader modifies the presentation,- para. 0043 - web page elements which would
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`correspond to the DOM. After selecting the web page element to hide or skip to (160), the
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`end user may save the selection as a temporary or permanent rule,- para. 0045 — skip
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`certain web page elements. Path expressions are generated by the screen reader software
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`against the DOM to find the nodes to either start reading or to hide.).
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 11
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`Accordingly, it would have been obvious to one having ordinary skill before the
`
`effective filing date of the claimed invention to modify the system and method, taught in
`
`Agarwal to include wherein the metadata includes a skip parameterfor determining
`
`locations for the purpose of efficiently locating document elements for modification using
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`XPATH expressions, as taught by Hickman.
`
`o Claim(s) 14:
`
`o Claim(s) 14 correspond to Claim 5, and thus, Agarwal, Hickman, and Gallo
`
`teach or suggest the limitations of claim(s) 14 as well.
`
`Claims 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Agarwal, in view of, Hickman, and Anderson et al., US Patent Application Publication US
`
`2004/0093327 ("Anderson”).
`
`Claim 6:
`
`Anderson further teaches or suggests wherein the metadata includes a total ads
`
`parameterfor determining a maximum number ofnative advertisements to serve (see Fig. 4,-
`
`para. 31 - ad request may include a number of ads desired,- para. 0034 - request may
`
`include a number of ads desired. This number may depend on the search results, the
`
`amount of screen or page space occupied by the search results, the size and shape of the
`
`ads, etc.).
`
`Accordingly, it would have been obvious to one having ordinary skill before the
`
`effective filing date of the claimed invention to modify the system and method, taught in
`
`Agarwal to include wherein the metadata includes a total ads parameterfor determining a
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 12
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`maximum number ofnative advertisements to serve for the purpose of efficiently retrieving
`
`ad objects relevant to content and appropriate to each page, as taught by Anderson.
`
`0 Claim(s) 15:
`
`o Claim(s) 15 correspond to Claim 6, and thus, Agarwal, Hickman, and
`
`Anderson teach or suggest the limitations of claim(s) 15 as well.
`
`Claims 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Agarwal, in View of Hickman, and further in View of Collins et al, US Patent Application
`
`Publication US 20007/0027754 ("Collins”).
`
`Claim 21:
`
`As indicated above Agarwal and Hickman teach or suggest the storage syndication
`
`script, and though Agarwal teaches the use of a cache to store advertisement retrieval,
`
`Agarwal fails to explicitly disclose wherein the script is stored in a database located on the
`
`non-transitory storage medium.
`
`Collins teaches or suggests wherein the script is stored in a database located on the
`
`non-transitory storage medium (see para. 0166 - the browser may cache the script. The
`
`script may not be downloaded again unless the user flushes his or her browser cache.).
`
`Accordingly, it would have been obvious to one having ordinary skill before the
`
`effective filing date of the claimed invention to modify the system and method, taught in
`
`Agarwal to include wherein the script is stored in a database located on the non-transitory
`
`storage medium for the purpose of efficiently managing ad script, as taught by Collins.
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Claim 22:
`
`Page 13
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`As indicated above Agarwal and Hickman teach or suggest the storage syndication
`
`script, and though Agarwal teaches the use of a cache to store advertisement retrieval,
`
`Agarwal fails to explicitly disclose wherein the script is stored in the database by being
`
`cached by a browser.
`
`Collins teaches or suggests wherein the script is stored in the database by being
`
`cached by a browser (see para. 0166 - the browser may cache the script. The script may not
`
`be downloaded again unless the user flushes his or her browser cache.).
`
`Accordingly, it would have been obvious to one having ordinary skill before the
`
`effective filing date of the claimed invention to modify the system and method, taught in
`
`Agarwal to include wherein the script is stored in the database by being cached by a browser
`
`for the purpose of efficiently managing ad script, as taught by Collins.
`
`Allowable SubjectMatter
`
`Claims 3 and 12 are objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewritten in independent form including all of the limitations of the
`
`base claim and any intervening claims. Further, as indicated above, claims 3 and 12 are
`
`subject to a double patenting rejection.
`
`Rejections under 35 USC 103:
`
`Response to Arguments
`
`Applicant argues a failure to teach or suggest native advertisements.
`
`The Examiner respectfully disagrees.
`
`

`

`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 14
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`The Examiner notes that a native advertisement, in general, at least relates to the
`
`context or visual appearance of the webpage or web document where it is placed. Further,
`
`Applicant’s Specification recites "Herein, native ads, native ad smart injection, and
`
`injection, among other terms, are intended to have broad scope. Para. 0024. Native ads can
`
`be or include, without limitation, any of many different types of advertisements. Id.
`
`Agarwal teaches In step 202 or process 200, a user visits web page on which global tag is
`
`installed. Para. 0030. In step 204, global tag calls to backend application (e.g. an application
`
`engine) with the current page URL and other parameters (e.g. web browser, Internet
`
`protocol (IP) address, location, etc.). Id. In step 206, based on these parameters backend
`
`application generates advertisement placement information and/or configuration, and
`
`sends it to the browser. Id. Further, automatic advertisement placement using visual
`
`analysis of web pages. Para. 0049. Further, Advertisement-like containers can be inserted
`
`inside these page elements. Multiple advertisement sizes can be tried. After every
`
`advertisement sized container insert, the web page can be re-rendered as an image, and
`
`analysis can be carried out to determine if the new advertisement insertion, inter alia:
`
`blocks any element; is blocked any element; collides with any element; drastically changes the
`
`web pageflow [e.g. as compared to originalpage]; leaves significant amount ofwhite/empty
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`spaces on sides/top/bottom; wraps properly with surrounding text; etc. Accordingly, Agarwal
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`teaches at least native advertisements. Further, one way Hickman teaches or suggests
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`native advertisements is shown in Fig. 2A. Here, an ad with text "Abe’s Tree Farm" is placed
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`on a land or yard maintenance website. The Examiner notes that said ad is at least "any of
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`many different types of advertisements" (Applicant’s definition). Further, said ad relates to
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`both the context and the visual appearance of the webpage. Accordingly, Hickman teaches
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`

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`Application/Control Number: 15/653,349
`Art Unit: 2176
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`Page 15
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`at least native advertisements. Further, evidence in Hickman includes: can place an
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`advertiser's text or image advertisements on webpages that have content related to the
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`advertisement
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`As the users are likely interested in the particular content on the
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`publisher webpage, they are also likely to be interested in the product or service featured
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`in the advertisement (Para. 0002) ,- The advertisement requests can also include content
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`request information. This information can include the content itself (e.g., page or other
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`content document), a category corresponding to the content or the content request (e.g.,
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`arts, business, computers, arts-movies, arts-music, etc.), part or all of the content request,
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`content age, content type (e.g., text, graphics, video, audio, mixed media, etc.), geo-location
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`information, etc (Para. 0016); The request for advertisements may also include the query (
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`as entered or parsed), information based on the query (such as geo-location information,
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`whether the query came from an affiliate and an identifier of such an affiliate), and/or
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`information associated with, or based on, the search results (Para. 20) ,- each syndication
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`space 118, 120 and 122 can be associated with one or more attributes
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`can, for example,
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`describe the location on the publisher's webpage (Para. 0045).
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`

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`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 16
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`Conclusion
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until
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`after the end of the THREE-MONTH shortened statutory period, then the shortened
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`statutory period will expire on the date the advisory action is mailed, and any extension fee
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`pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than SIX MONTHS
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`from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ANDREW T MCINTOSH whose telephone number is
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`(571)270-7790. The examiner can normally be reached on M-Th 8:00am-5:30pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant
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`is encouraged to use the USPTO Automated Interview Request (AIR) at
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`http: //www.uspto.gov/interviewpractice.
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`lf attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Kavita Padmanabhan can be reached on 571-272-8352. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 15/653,349
`Art Unit: 2176
`
`Page 17
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published
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`applications may be obtained from either Private PAIR or Public PAIR. Status information
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`for unpublished applications is available through Private PAIR only. For more information
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`about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on
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`access to the Private PAIR system, contact the Electronic Business Center (E BC) at 866-
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`217-9197 (toll-free). Ifyou would like assistance from a USPTO Customer Service
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`OR CANADA) or 571-272-1000.
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`/ANDRE W T MCINTOSH/
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`Primary Examiner, Art Unit 21 76
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`