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APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
Sergey Brin, Palo Alto, CA;
(Signalure)
(Date)
I APPLICATION NO.
I FILlNGDATE
I FIRST NAMED INVENTOR I ATTORNEY DOCKET NO, I CONFIRMATION NO.
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(A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STATE OR COUNTRY)
GOOGLE INC. Mountain View, California, USA
Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual Corporation or other private group entity 0 Government
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PTOL-&5 (Rev. 08/07) Approved for use through 0&/31/2010. OMB 0651-0033 U.S. Pntentand Trademark Office; U.S. DEPARTMENT OF COMMERCE
Electronic Patent Application Fee Transmittal
Title of Invention: SYSTEMS AND METHODS FOR ENTICING USERS TO ACCESS A WEB SITE
Sub-Total in
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USD($)
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Petition:
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EFSID: 9446492
Title of Invention: SYSTEMS AND METHODS FOR ENTICING USERS TO ACCESS A WEB SITE
TimeStamp: 18:14:43
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EXAMINER
44989 7590 11117/2010
AILES, BENJAMIN A
HARRITY & HARRITY, LLP
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SUITE 600 2442
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44989 7590 11117/2010
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PTOL-85 (Rev. 08/07) Approved for use through 08/3112010. OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
UNITED STAlES PAlENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
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APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
EXAMINER
44989 7590 11117/2010
AILES, BENJAMIN A
HARRITY & HARRITY, LLP
11350 Random Hills Road ART UNIT PAPER NUMBER
SUITE 600 2442
FAIRFAX, VA 22030 DATE MAILED: 11/17/2010
The Patent Term Adjustment to date is 2024 day(s). If the issue fee is paid on the date that is three months after the
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PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
Application No. Applicant(s)
-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
Ail claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
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1. IZI This communication is responsive to BPAI decision rendered 23 September 2010.
2. IZI The allowed c1aim(s) islare 26, 30, 31, 35 (fe-numbered 1-4).
3. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a) D All b) D Some* c) D None of the:
1. D Certified copies of the priority documents have been received.
2. D Certified copies of the priority documents have been received in Application No. _ _ .
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* Certified copies not received: _ _.
Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
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6. D DEPOSIT OF andlor INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
Attachment(s)
1. D Notice of References Cited (PTO-892) 5. D Notice of Informal Patent Application
2. D Notice of Draftperson's Patent Drawing Review (PTO-948) 6. D Interview Summary (PTO-413),
Paper No./Mail Date _ _ .
3. D Information Disclosure Statements (PTO/SB/08), 7. ~ Examiner's AmendmenUComment
Paper No./Mail Date _ _
4. D Examiner's Comment Regarding Requirement for Deposit 8. D Examiner's Statement of Reasons for Allowance
of Biological Material
9. D Other _ _.
IKEVI N BATESI lB. A.I
Primary Examiner, Art Unit 2456 Examiner, Art Unit 2442
Examiner's Amendment
with Paul Harrity (39,574) on 10 November 2010 in view of the SPAI decision rendered
23 September 2010.
Listing of claims:
1-25. (canceled)
logo for a special event, where the instructions for creating the special event logo
includes instructions for modifying the standard company logo with one or more
animated images;
instructions for associating a link or search results with the special event logo,
the link identifying a document relating to the special event, the search results relating
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
instructions for providing the document relating to the special event or the search
27-29. (canceled)
30. (currently amended) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with at least one of video or
audio data.
Application/Control Number: 09/843,923 Page 4
Art Unit: 2442
31. (currently amended) The computer-readable medium of claim 26, wherein the
instructions for creating a special event logo further include: instructions for modifying
32-34. (canceled)
35. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for uploading the special event logo include: instructions for replacing the
standard company logo with the special event logo on the web page.
36-41. (canceled)
Application/Control Number: 09/843,923 Page 5
Art Unit: 2442
Conclusion
examiner should be directed to Benjamin Ailes whose telephone number is (571 )272-
3899. The examiner can normally be reached Monday-Friday, IFP Hoteling schedule.
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SERIAL NUMBER FILING or 371(c) CLASS GROUP ART UNIT ATTORNEY DOCKET
DATE NO.
09/843,923 04/30/2001 709 2442 0026-0002
RULE
APPLICANTS
Sergey Brin, Palo Alto, CA;
** CONTINUING DATA *************************
This appln claims benefit of 60/200,957 05/01/2000
** FOREIGN APPLICATIONS *************************
** IF REQUIRED, FOREIGN FILING LICENSE GRANTED **
06/21/2001
Foreign Priority claimed DYes ~No STATE OR SHEETS TOTAL INDEPENDENT
35 USC 119(a-d) conditions met 0 Yes ~ No o Metafter
Allowance COUNTRY DRAWINGS CLAIMS CLAIMS
Verified and /BENJAMIN A AILES/ baa
Acknowledged Examiner's Signature Initials CA 10 27 8
ADDRESS
HARRITY & HARRITY, LLP
11350 Random Hills Road
SUITE 600
FAIRFAX, VA 22030
UNITED STATES
TITLE
Systems and methods for enticing users to access a web site
10 All Fees 1
10 1.16 Fees (Filing) 1
FILING FEE FEES: Authority has been given in Paper 10 1.17 Fees (Processing Ext. of time) 1
RECEIVED No. to charge/credit DEPOSIT ACCOUNT
1236 No. for following: 10 1.18 Fees (Issue) 1
10 Other 1
10 Credit 1
D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47
CLAIM DATE
Final Original 11/07/2007 11/10/2010
1 - -
2 - -
3 - -
4 - -
5 - -
6 - -
7 - -
8 - -
9 - -
10 - -
11 - -
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18 A -
19 A -
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1 26 A =
27 A -
28 A -
29 A -
2 30 A =
3 31 A =
32 A -
33 A -
34 A -
4 35 A =
36 A -
u.s. Patent and Trademark Office Part of Paper No.: 20101110
Application/Control No. Applicant(s)/Patent Under
Reexamination
Index of Claims 09843923 BRIN, SERGEY
D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47
CLAIM DATE
Final Original 11/07/2007 11/10/2010
37 A -
38 A -
39 A -
40 A -
41 A -
CROSS REFERENCE(S)
D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47
Final Original Final Original Final Original Final Original Final Original Final Original Final Original Final Original
1 17 33
2 18 34
3 19 4 35
4 20 36
5 21 37
6 22 38
7 23 39
8 24 40
9 25 41
10 1 26
11 27
12 28
13 29
14 2 30
15 3 31
16 32
IBENJAMIN AILESI
Examiner.Art Unit 2442 11/10/2010 Total Claims Allowed:
4
(Assistant Examiner) (Date)
IKEVI N BATESI
Primary Examiner.Art Unit 2456 11/15/2010 O.G. Print Claim(s) O.G. Print Figure
SEARCHED
SEARCH NOTES
INTERFERENCE SEARCH
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APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
09/23/2010 PAPER
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.
Appeal 2009-000777
Application 09/843,923
Technology Center 2400
DECISION ON APPEAL 1
BACKGROUND
Appellant's invention relates generally to client/server networks.
More particularly, the invention on appeal is directed to systems and
methods that provide mechanisms for attracting users to a site on a network.
(Spec. 1).
Claim 18 is illustrative:
2
Appeal 2009-000777
Application 09/843,923
FACTUAL FINDINGS
We adopt the Examiner's findings in the Answer and Non-final Office
Action as our own, except as to those findings that we expressly overturn or
set aside in the Analysis that follows. Additional findings of fact may
appear in the Analysis that follows.
1. Wolff teaches that after finding and retrieving a record, the host
server sends a dynamically generated form page 108 over the
Internet 16 for display. The page 108 is displayed by opening a
new browser or new window on the user node 14. (Col. 9,11.9-
15).
2. Wolff teaches a banner 102 that includes graphics relating to a
particular product or service being advertised. (Col. 8, 11. 41-
43; Fig. 2).
3
Appeal 2009-000777
Application 09/843,923
ISSUES
We decide the issues raised by Appellant seriatim in the Analysis
below.
ANALYSIS
Claims 18, 19, 21, 23-25, 34 2
Issue 1: Did the Examiner err in finding that the cited combination of
references would have taught or suggested associating one or more search
terms with a special event logo that was created by modifying a standard
company logo for a special event, where the one or more search terms relate
to the special event, within the meaning of representative claim 18? (App.
Br. 7).
Appellant asserts that "Yahoo does not disclose or remotely suggest
... 'associating one or more search terms with the special event logo, let
decide the appeal of claims 18, 19, 21, 23-25, and 34 on the basis of
representative claim 18. See 37 C.F.R. § 41.37(c)(I)(vii).
4
Appeal 2009-000777
Application 09/843,923
alone one or more search terms that relate to the special event, as required by
claim 18'." (App. Br. 8-9). However, we note that the Examiner relied on
Wolff to disclose the association of search terms with a logo, as claimed.
(Ans. 3, 18). The Examiner relied on Yahoo for teaching "a special event
logo." (Ans. 3).
Wolff teaches a banner 102 that includes graphics relating to a
particular product or service being advertised (FF 2), where a URL and a
unique indicia that identifies the product or service is embedded within
banner 102 (FF 3). Regarding the search limitation, Wolff teaches that host
server 12 receives the unique indicia embedded within banner 102 and "uses
the indicia to search the on-line product/service database for a record
containing information specific to the advertised product or service." (FF 4)
(Emphasis added).
As pointed out by the Examiner, we agree that Yahoo teaches a
special event logo. (Ans. 4). Because the Examiner's rejection is based on
the combined teachings of Wolff and Yahoo, we do not find persuasive
Appellant's arguments attacking each reference in isolation regarding
Issue 1.
5
Appeal 2009-000777
Application 09/843,923
disavow associating one or more search terms with static banners even if
arguendo the static banners involve one-way communication. 3 (See Wolff
col. 2, 11. 30-35)
Appellant further contends that the Examiner provided no motivation
for modifying Wolff's advertisement banner with the prior art seasonal or
one-time use static banner. (App. Br. 13). Appellant asserts that replacing
Wolff's advertisement banner with the prior art seasonal or one-time use
static banner would be directly contrary to the whole purpose of Wolff's
system which provides information regarding an advertised product or
service in response to a selection of a banner advertisement relating to the
product or service. (Id.).
We disagree. As pointed out by the Examiner, we agree that the
Yahoo logo is altered to commemorate the Christmas holiday. (Ans. 18;
Yahoo 1). We also agree with the Examiner's findings that Yahoo
evidences that it was well known in the art to modify an existing logo to one
associated with a special event. (Ans. 4; Yahoo 1). We further agree with
the Examiner that it would have been obvious to an artisan that the search
terms would relate to what is being displayed by the image in some manner.
(Id.).
3 "A reference may be said to teach away when a person of ordinary skill,
upon reading the reference, would be discouraged from following the path
set out in the reference, or would be led in a direction divergent from the
path that was taken by the applicant." In re Kahn, 441 F.3d 977,990 (Fed.
Cir. 2006) (citations and internal quotation marks omitted). See also In re
Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004) (noting that merely disclosing
more than one alternative does not teach away from any of these alternatives
if the disclosure does not criticize, discredit, or otherwise discourage the
alternatives).
6
Appeal 2009-000777
Application 09/843,923
Claims 28 and 36
Regarding independent claim 28 and dependent claim 36, Appellant's
arguments are based on essentially the same grounds as previously
submitted for independent claim 18. (App. Br. 24-25). Therefore, we
sustain the Examiner's § 103 rejection of claims 28 and 36 for the same
reasons discussed supra regarding claim 18.
7
Appeal 2009-000777
Application 09/843,923
8
Appeal 2009-000777
Application 09/843,923
suggest instructions for uploading the special event logo to the web page.
(Reply Br. 5-6).
However, on this record, we agree with the Examiner's finding (which
Appellant has not rebutted) that a logo that is viewable on a webpage must
have been uploaded via computer instructions. (Ans. 7, 20-21). Moreover,
we will not endeavor to read the word "automated" into the claim language
as argued by Appellant on page 5 of the Reply Brief.
On this record, we find the Examiner did not err in rejecting
independent claim 26. Accordingly, we affirm the Examiner's rejection of
claim 26.
Dependent claim 29
Issue 5: Did the Examiner err in finding that the cited references
would have taught or suggested instructions for modifying the standard logo
with one or more animated images, as recited in dependent claim 29? (App.
Br. 17).
Based upon our review of the record, we agree with Appellant that the
Examiner has not established that instructions for modifying the standard
logo with one or more animated images is fairly taught or suggested by the
cited combination of references. (App. Br. 18). In particular, we see no
"animated" image in the evidence before us. Therefore, we reverse the
Examiner's § 103 rejection of claim 29.
9
Appeal 2009-000777
Application 09/843,923
Independent Claim 27
Issue 7: Did the Examiner err in finding that the cited references
would have taught or suggested a processor configured to determine a home
page of a web page on a network, or identifying a standard company logo, as
recited in representative claim 27?
Appellant contends that the Examiner's findings have no support in
either the Wolff or Yahoo references. (App. Br. 20 et. seq.). According to
Appellant, the mere fact that Yahoo shows a modified Yahoo logo in no way
means that a processor executed instructions to determine the home page or
identify a standard company logo for the Yahoo web site. (App. Br. 21-22).
10
Appeal 2009-000777
Application 09/843,923
Claims 32 and 33
Regarding dependent claims 32 and 33, Appellant's arguments are
based on essentially the same grounds as previously submitted for
independent claims 18 and 27. (App. Br. 23). Therefore, we sustain the
Examiner's § 103 rejection of claims 32 and 33 for the same reasons
discussed supra regarding independent claims 18 and 27.
Claims 37-39
Regarding claims 37-39, Appellant's arguments are based on
essentially the same grounds as previously submitted for independent claims
18 and 41. (App. Br. 26). Therefore, we sustain the Examiner's § 103
rejection of claims 37-39 for the same reasons discussed supra regarding
claims 18 and 41.
11
Appeal 2009-000777
Application 09/843,923
Dependent Claim 22
Regarding claim 22, Appellant's arguments are based on the same
grounds as previously submitted for independent claims 18 and 37. (App.
Br. 26). Therefore, we sustain the Examiner's § 103 rejection of claim 22
for the same reasons discussed supra regarding independent claims 18 and
37.
12
Appeal 2009-000777
Application 09/843,923
knowledge or well-known in the art. See 37 C.F.R. 1.111 (b). See also
MPEP § 2144.03. Accordingly, because Appellant has not met the requisite
burden, we sustain the Examiner's rejection of claims 20 and 30 as being
obvious over the combination of Wolff, Yahoo, and "Official Notice."
DECISION
We reverse the Examiner's § 103 rejection of claim 29.
We affirm the Examiner's § 103 rejections of claims 18-28 and 30-41.
AFFIRMED-IN-PART
rwk
13
UNITED STAlES PAlENT AND TRADEMARK OFFICE
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Address: COMMISSIONER FOR PATENTS
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APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
10/24/2008 PAPER
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.
A review of the file indicates that the following documents have been filed by appellant:
In all future communications regarding this appeal, please include both the application number
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In re Patent Application of )
)
SergeyBRIN ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: AILES, B
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEBSITE )
STATUS INOUIRY
Sir:
Please notify the undersigned attorney of the status of the above-identified application. A reply brief was
filed on January 14,2008 and we have not received any PTO communication since.
Respectfully submitted,
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01/18/2008 PAPER
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.
APPLICATION NO.1 . FILING DATE FIRST NAMED INVENTOR I ATTORNEY DOCKET NO.
CONTROL NO. PATENT IN REEXAMINATION
09843923 4/30/01 BRIN, SERGEY 0026-0002
EXAMINER
HARRITY SNYDER, LLP
11350 Random Hills Road Benjamin A. Ailes
SUITE 600
FAIRFAX. VA 22030 ART UNIT I_PA_P_E_R _
2142 20080116
DATE MAILED:
Please find below and/or attached an Office communication concerning this application or
proceeding. .
The reply brief filed 16 January 2008 has been entered and,considered. The application has been forwarded to the Board of Patent
Appeals and Interferences for decision on the appeal. No response to this letter is required.
PTO-90e (Rev.04-03)
PATENT
Docket No. 0026-0002
In re Patent Application of )
)
Sergey BRIN ) MIS: Appeal Brief - Patents
)
Application No.: 09/843,923 ) Group Art Unit: 2142
)
Filed: April 30, 2001 ) Examiner: B. Ailes
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEB SITE )
This Reply Brief is submitted in response to the Examiner's Answer, mailed November
16,2007.
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
I. STATUS OF CLAIMS
Claims 18, 19,21-29, and 31-41 stand rejected under 35 U.S.c. § 103(a) as allegedly
Claims 20 and 30 stand rejected under 35 U.S.c. § 103(a) as allegedly unpatentable over
Wolff in view of Yahoo and what was allegedly "well known at the time of the applicant's
invention. "
Claims 18-41 are the subject of the present appeal. These claims were reproduced in the
-2-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
A. Claims 18, 19,21-29, and 31-41 stand rejected under 35 U.S.c. § 103(a) as
Wolff, Yahoo, and what was allegedly "well known at the time of applicant's invention."
-3-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
A. The Rejection Under 35 U.S.C. § 103(a) Based on Wolff (U.S. Patent No.
6,247,047) in View of Yahoo
(www.archive.orglwebI19961223150621lhttp://www8.yahoo.com. dated
December 23, 1996) Should be Reversed.
1. Claim 40.
Dependent claim 40 recites invoking a search of the Internet. In the Appeal Brief,
Appellant provided substantial reasons why Wolff and Yahoo, whether considered alone or in
any reasonable combination, do not disclose or suggest this feature of claim 40. Appeal Brief,
pages 14-15.
In the Examiner's Answer, the Examiner alleged Wolff discloses searching an online
database, which is considered to be part of the Internet. Examiner's Answer, page 20. The
Examiner also alleged that it is known in the art that search engines do not actually search the
Internet but in fact search an indexed database of the Internet. Examiner's Answer, page 20.
Even assuming, for the sake of argument, that the Examiner's second allegation is
accurate, the Examiner has not provided any evidence that the online database described by
Internet. Instead, Wolff discloses on-line and off-line relational databases 36 and 38,
respectively, that include a product or service information database including records for storing
data specific to a plurality of advertising banners or icons, and a transaction database including
records for storing data specific to individual transactions. Figure 1; column 6, lines 60-66.
Wolff does not disclose or suggest that the product/service information relating to advertising
banners or icons or the transaction records are information that is searchable on the Internet, but
-4-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
merely disclose that the databases containing this information are accessible via the Internet.
Thus, searching these databases would not be equivalent to searching the Internet, as recited in
claim 40.
Therefore, the Examiner has not established a prima facie case of obviousness with
For at least the foregoing reasons and for those reasons presented in the Appeal Brief,
Appellant submits that the rejection of claim 40 under 35 U.S.c. § 103(a) based on Wolff and
Yahoo is improper. Accordingly, Appellant requests that the rejection of claim 40 be reversed.
2. Claim 26.
Independent claim 26 recites, among other things, instructions for uploading the special
event logo to the web page. In the Appeal Brief, Appellant provided substantial reasons why
Wolff and Yahoo, whether taken alone or in any reasonable combination, do not disclose or
In the Examiner's Answer, the Examiner alleged that Appellant failed to accurately
describe how a logo or any image can be viewable on a web page without performing an upload
operation. Examiner's Answer, page 22. Appellant submits that the Examiner is misconstruing
Appellant's claim language. Claim 26 does not simply recite uploading a special event logo to a
web page. Instead, claim 26 explicitly recites instructions for uploading a special event logo to a
web page. The "instructions for" language clearly indicates that this uploading operation is
automated (e.g., performed by "one or more processors" as recited in the preamble of claim 26).
The Examiner has not provided any evidence that either Wolff or Yahoo discloses or suggests
instructions for uploading a special event logo to a web page. Instead, the Examiner has only
-5-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
shown an end product (i.e., the modified Yahoo logo on the Yahoo web page). Thus, the
Examiner has not established a prima facie case of obviousness with regard to claim 26.
For at least the foregoing reasons and for those reasons presented in the Appeal Brief,
Appellant submits that the rejection of claim 26 under 35 U.S.c. § 103(a) based on Wolff and
Yahoo is improper. Accordingly, Appellant requests that the rejection of claim 26 be reversed.
3. Claim 29.
Dependent claim 29 recites instructions for modifying the standard company logo with
one or more animated images. In the Appeal Brief, Appellant provided substantial reasons why
Wolff and Yahoo do not disclose or suggest this feature of claim 29. Appeal Brief, pages 17-18.
the modification of a logo using instructions wherein Yahoo shows a modified Yahoo logo
done by computer means. The computer is required to be fed instructions in order to work
at all and therefore reads on the aspect of executing instructions as required by dependent
claim 29.
Examiner's Answer, page 22. Appellant submits that the Examiner's allegation lacks merit.
Yahoo simply shows an end product (i.e., a modified Yahoo logo). Yahoo does not disclose or
remotely suggest that the Yahoo logo was modified by executing instructions for modifying a
standard company logo with one or more animated images. The "instructions for" language
clearly indicates that this modifying operation is automated (e.g., performed by "one or more
processors" as recited in the preamble of claim 26). The Examiner has not provided any
evidence that either Wolff or Yahoo discloses or suggests instructions for modifying the standard
company logo with one or more animated images. Instead, the Examiner has only shown an end
product (i.e., the modified Yahoo logo). Thus, the Examiner has not established a prima facie
-6-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
For at least the foregoing reasons and for those reasons presented in the Appeal Brief,
Appellant submits that the rejection of claim 29 under 35 U.S.c. § 103(a) based on Wolff and
Yahoo is improper. Accordingly, Appellant requests that the rejection of claim 29 be reversed.
4. Claim 31.
Dependent claim 31 recites instructions for modifying the standard company logo with
information associated with a holiday. In the Appeal Brief, Appellant provided substantial
reasons why Wolff and Yahoo do not disclose or suggest this feature of claim 31. Appeal Brief,
pages 18-19.
For at least the reasons given above with regard to claim 29 and for those reasons
presented in the Appeal Brief, Appellant submits that the rejection of claim 31 under 35 U.S.c. §
103(a) based on Wolff and Yahoo is improper. Accordingly, Appellant requests that the
5. Claim 35.
Dependent claim 35 recites instructions for replacing the standard company logo with the
special event logo on the web page. In the Appeal Brief, Appellant provided substantial reasons
why Wolff and Yahoo do not disclose or suggest this feature of claim 35. Appeal Brief, pages
19-20.
In the Examiner's Answer, the Examiner alleged that a computer is required to be fed
instructions in order to work properly. Examiner's Answer, page 23. Appellant submits that the
Examiner has provided no evidence that Yahoo discloses feeding a computer with instructions
for replacing a standard company logo with a special event logo on a web page, as recited in
-7-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
claim 35. The "instructions for" language clearly indicates that this replacing operation is
automated (e.g., performed by "one or more processors" as recited in the preamble of claim 26).
The Examiner has not provided any evidence that either Wolff or Yahoo discloses or suggests
instructions for replacing a standard company logo with a special event logo on a web page, as
recited in claim 35. Instead, the Examiner has only shown an end product (i.e., the modified
Yahoo logo). Thus, the Examiner has not established a prima facie case of obviousness with
For at least the foregoing reasons and for those reasons presented in the Appeal Brief,
Appellant submits that the rejection of claim 35 under 35 U.S.c. § 103(a) based on Wolff and
Yahoo is improper. Accordingly, Appellant requests that the rejection of claim 35 be reversed.
6. Claim 27.
home page for a web page on a network. In the Appeal Brief, Appellant provided substantial
reasons why Wolff and Yahoo do not disclose or suggest this feature of claim 27. Appeal Brief,
pages 20-21.
W oUf teaches the inherent use of a computer processor by way of having an image
uploaded to a web site wherein the uploading of an image would not be possible in any
way without the use of a computer processor. Yahoo! teaches the uploading of an image
to a web page, coincidentally to a home page as indicated (www.yahoo.com) and the
altered image is actually being displayed where the standard company logo is customarily
presented. By having the uploading being done to the home page it is therefore taught by
Yahoo the functionality of determining the home page.
Examiner's Answer, pages 23-24. Appellant submits that the Examiner's conclusion regarding
the Yahoo reference finds no support in the Yahoo reference. The mere fact that Yahoo shows a
-8-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
modified Yahoo logo on the www.yahoo.com web page in no way means that a processor
executed instructions to determine the home page for the Yahoo web site. Thus, the Examiner
has provided absolutely no evidence that Yahoo, or Wolff, discloses or suggests a processor that
executes instructions to determine a home page for a web page on a network, as recited in claim
27.
For at least the foregoing reasons and for those reasons presented in the Appeal Brief,
Appellant submits that the rejection of claim 27 under 35 U.S.c. § 103(a) based on Wolff and
Yahoo is improper. Accordingly, Appellant requests that the rejection of claim 27 be reversed.
7. Claim 41.
Dependent claim 41 recites invoking a search for web pages relating to the special event.
In the Appeal Brief, Appellant provided substantial reasons why Wolff and Yahoo do not
disclose or suggest this feature of claim 41. Appeal Brief, pages 24-25.
In the Examiner's Answer, the Examiner alleged that Wolff discloses searching an online
database that is considered part of the Internet. Examiner's Answer, page 26. Appellant submits
that Wolff does not disclose or remotely suggest invoking a search for web pages relating to a
Wolff discloses on-line and off-line relational databases 36 and 38, respectively, that
include a product or service information database including records for storing data specific to a
plurality of advertising banners or icons, and a transaction database including records for storing
data specific to individual transactions. Figure 1; column 6, lines 60-66. Wolff does not disclose
or suggest that the product/service information relating to advertising banners or icons or the
transaction records are web pages, let alone web pages relating to a special event, as recited in
-9-
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
claim 41. Thus, searching these databases would not be equivalent to invoking a search for web
Therefore, the Examiner has not established a prima facie case of obviousness with
For at least the foregoing reasons and for those reasons presented in the Appeal Brief,
Appellant submits that the rejection of claim 41 under 35 U.S.c. § 103(a) based on Wolff and
Yahoo is improper. Accordingly, Appellant requests that the rejection of claim 41 be reversed.
8. Claims 37-39.
Independent claim 37 recites, among other things, invoking a search for web pages
relating to the special event in response to a received selection of a special event logo. In the
Appeal Brief, Appellant provided substantial reasons why Wolff and Yahoo do not disclose or
For at least the reasons given above with regard to claim 41 and for those reasons
presented in the Appeal Brief, Appellant submits that the rejection of claim 37 under 35 U.S.c. §
103(a) based on Wolff and Yahoo is improper. Accordingly, Appellant requests that the
Claims 38 and 39 depend from claim 37. Appellant submits that the rejection of claims
38 and 39 under 35 U.S.c. § 103(a) based on Wolff and Yahoo is improper for at least the
reasons given with regard to claim 37. Accordingly, Appellant requests that the rejection of
- 10 -
REPLY BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
IV. CONCLUSION
In view of the foregoing arguments and the arguments presented in the Appeal Brief,
Appellant respectfully solicits the Honorable Board to reverse the Examiner's rejections of
To the extent necessary, a petition for an extension of time under 37 c.F.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
Respectfully submitted,
HARRITY SNYDER, LLP
- 11 -
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APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
SUITE 600
ART UNIT PAPER NUMBER
FAIRFAX, VA 22030
2142
11/16/2007 PAPER
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.
MAILED
NOV 16 2007
Paul A. Harrity
For Appellant
EXAMINER'S ANSWER
This is in response to the appeal brief filed 09 July 2007 appealing from the
A statement identifying by name the real party in interest is contained in the brief.
proceedings which will directly affect or be directly affected by or have a bearing on the
correct.
The copy of the appealed claims contained in the Appendix to the brief is correct.
2006.
1. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
(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.
http://www.archive.org/web/19961223150621/http:/Iwww8.yahoo.com/).
3. Regarding claim 18, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, Iirie 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be modified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
I
images for seasonal and one time use (column 2, II. 27-28). It would have been obvious
to one of ordinary skill in the art to enable the teachings of Wolff wherein the ability to
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page. Further, it would have been obvious to associate
the "search term" to relate to the graphical icon image as taught by Wolff because the
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image and when a use interacts (clicks) on
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon rep~esents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. One or ordinary skill in the art at the time of the applicant's invention would have
found it obvious to combine the teachings of Yahoo! with what is taught by Wolff as
outlined above. One of ordinary skill in the art would have been motivated to make such
· .~
a combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user that are deemed c1ickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is clearly taught as a motivation in the prior'art
wherein one of ordinary skill in the art may find it useful to use different image types for
4. Regarding claim 19, Wolff and Yahoo! teach the method wherein the modifying a
standard company logo includes creating the special event logo by modifying the
,
standard company logo with one or more animated images (Yahoo!).
5. Regarding claims 21, Wolff and Yahoo! teach the method wherein the special
6. Regarding claim 22, Wolff and Yahoo! teach the processor further configured to:
associating one or more search terms relating to the special event with the
special event logo (Wolff, col. 8, II. 42-46, it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!" if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way.); and
I" ' '.
performing the search based on the one or more search terms (Wolff, col. 8, II.
43-47).
7. Regarding claim 23, Wolff and Yahoo! teach the method wherein the uploading
the special event includes displaying the special event logo bn the web page during the
special event (Yahoo! displayed the altered logo during the holiday season.).
8. Regarding claim 24, Wolff and Yahoo! teach the method wherein the invoking a
search includes:
generating a search query using the one or more search terms (Wolff, col. 9, II.
3-13);
obtaining search results based on the search (Wolff, col. 9, II. 9-13).
9. Regarding claim 25, Wolff and Yahoo! teach the method wherein the modifying a
http://www.yahoo.com);
identifying the standard company logo on the home page (Yahoo!, standard
modifying the standard company logo with special event information to create the
special event logo (Yahoo!, the addition of the reindeer to the standard logo creates a
modified logo).
•• • <~
10. Regarding claim 26, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (Le. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). The search results are then returned to the user in the form of a web page
(col. 9, II. 9-13). Wolff does not explicitly teach that the graphical icon image is a
standard company logo that can be modified to become a special event logo. However,
different icon images can be displayed to a user on a web page and therefore it is
demonstrates this functionality wherein Yahoo! has altered their own company logo to
celebrate the Christmas season. Wolff teaches that is known in the prior art to use
different types of images for seasonal and one time use (column 2, II. 27-28). It would
have been obvious to one of ordinary skill in the art to enable the teachings of Wolff
wherein the ability to display c1ickable images to a user on a web page in combination
with the functionalities of Yahoo! wherein it is taught that one of ordinary skill can alter
an image and upload it for display to a user on a web page. Further, it would have been
obvious to associate the "search term" to relate to the graphical icon image as taught by
Wolff because the keyword associated with the icon image is supposed to directly
•
identify the product or service being represented by use of the icon image and when a
use interacts (clicks) on the icon image (see Wolff, col. 8, II. 43-49), it is deemed
obvious that search results should be directly related to whatever the icon represents
instead of erroneous data. One of ordinary skill would not find it desirable to provide
search results that are totally unrelated to what is being displayed by the icon image.
Therefore, in view of Yahoo!, if an image is altered in some sort of way, the keyword
associated with the image should be changed accordingly so that the keyword
corresponds to the image in some sort of way. One or ordinary skill in the art at the time
of the applicant's invention would have found it obvious to combine the teachings of
Yahoo! with what is taught by Wolff as outlined above. One of ordinary skill in the art
would have been motivated to make such a combination due to being from the same
field of endeavor (client-server network systems) and for the reasons stated above,
particularly teaching the use of displaying images to user that are deemed clickable by
Wolff and Yahoo! for teaching the'use of altered images which may commemorate a
special event and the use of different images to be displayed to a user is deemed an
obvious variation in the art. In view of Wolff, the use of different images is clearly taught
as a motivation in the prior art wherein one of ordinary skill in the art may find it useful to
use different image types for seasonal use (col. 2, II. 27-28).
11. Regarding claim 27, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
, '.
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be modified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
images for seasonal and one time use (column 2, II. 27-28). It would have been obvious
to one of ordinary skill in the art to enable the teachings of Wolff wherein the ability to
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page.. Further, it would have been obvious to associate
the "search term" to relate to the graphical icon image as taught by Wolff because the
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image and when a use interacts (clicks) on
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
\
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. Yahoo! clearly teaches the uploading of an image to a web page in this case the
uploading has been done to the home page as indicated (www.yahoo.com) and the
altered image ~s act.ually being displayed where the standard company logo is
customarily presented. By way of actually uploading the image to the home page by
Yahoo! then it is taught by Yahoo! the functionality of home page determination. One or
ordinary skill in the art at the time of the applicant's invention would have found it
obvious to combine the teachings of Yahoo! with what is taught by Wolff as outlined
above. One of ordinary skill in the art would have been motivated to make such a
combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user that are deemed c1ickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is clearly taught as a motivation in the prior art
wherein one of ordinary skill in the art may find it useful to use different image types for
12. Regarding claim 28, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
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Art Unit: 2142
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be modified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
images for seasonal and one time use (column 2, II. 27-28). It would have been obvious
to one of ordinary skill in the art to enable the teachings 9f Wolff wherein the ability to
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page. Further, it would have been obvious to associate
the "search term" to relate to the graphical icon image as taught by Wolff because the
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image and when a use interacts (clicks) on
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
•
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. One or ordinary skill in the art at the time of the applicant's invention would have
found it obvious to combine the teachings of Yahoo! with what is taught by Wolff as
outlined above. One of ordinary skill in the art would have been motivated to make such
a combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user that are deemed c1ickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is clearly taught as a motivation in the prior art
wherein one of ordinary skill in the art may find it useful to use different image types for
13. Regarding claim 29, Wolff and Yahoo! teach the method wherein the modifying a
standard company logo includes creating the special event logo by modifying the
14. Regarding claim 31, Wolff and Yahoo! teach the medium includes instructions for
modifying the standard company logo with information associated with a holiday
(Yahoo!).
15. Regarding claim 32, Wolff and Yahoo! teach the processor further configured to:
associate one or more search terms relating to the special event with the special
event logo (Wolff, col. 8, II. 42-46, it is deemed obvious that search results should be
...
directly related to whatever the icon represents instead of erroneous data. One of
ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
.
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way.).
16. Regarding claim 33, Wolff and Yahoo! teach wherein the processor is further
configured to:
detect a selection associated with the special event logo (Wolff, col. 9, II. 3-13);
generate a search query based on the one or more search terms (Wolff, col. 9, II.
3-13);
perform a search based on the search query (Wolff, col. 9, II. 3-13); and
17. Regarding claim 34, Wolff and Yahoo! teach the method wherein uploading the
special event logo includes replacing the standard company logo with the special event
18. Regarding claim 35; Wolff and Yahoo! teach the medium wherein the instructions
instructions for replacing the standard company logo with the special event logo
19. Regarding claim 36, Wolff and Yahoo! teach the method further comprising:
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Art Unit: 2142
replacing the standard company logo with the special event logo (Yahoo!, page is
from 12/23/1996).
20. Regarding claim 37, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be modified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
images for seasonal and one time use (column 2, II. 27-28). It would have been obvious
to one of ordinary skill in the art to enable the teachings of Wolff wherein the ability to
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page. Further, it would have been obvious to associate
the "search term" to relate to the graphical icon image as taught by Wolff because the
• >
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image and when a use interacts (clicks) on
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. One or ordinary skill in the art at the time of the applicant's invention would have
found it obvious to combine the teachings of Yahoo! with what is taught by Wolff as
outlined above. One of ordinary skill in the art would have been motivated to make such
a combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user that are deemed clickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is Clearly taught as a motivation in the prior art
wherein one of ordinary skill in the art may find it useful to use different image types for
21. Regarding claim 38, Wolff and Yahoo! teach the method wherein one or more
search terms are associated with the special event logo (Wolff, col. 8, II. 42-46, it is
deemed obvious that search results should be directly related to whatever the icon
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Art Unit: 2142
represents instead of erroneous data. One of ordinary skill would not find it desirable to
provide search results that are totally unrelated to what is being displayed by the icon
image. Therefore, in view of Yahoo!, if an image is altered in some sort of way, the
keyword associated with the image should be changed accordingly so that the keyword
causing a search to be performed based on the one or more search terms (Wolff,
22. Regarding claim 39, Wolff and Yahoo! teach the method wherein the presenting
displaying the special event logo on the web page during the special event
23. Regarding claim 40, Wolff and Yahoo! teach the method wherein invoking a
search includes:
24. Regarding claim 41, Wolff and Yahoo! teach the method wherein invoking a
search includes:
invoking a search for web pages relating to the special event (Wolff, col. 9, II. 3-7,
25. Claims 20 and 30 are rejected under 35 U.S.C. 103(a) as being unpatentable
over Wolff, Yahoo! and what was well known at the time of the applicant's invention.
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Art Unit: 2142
26. Regarding claim 20, official notice is taken that the use of video or audio data to
be displayed to a user on a web page was old and well known in the art. It would have
been obvious to one of ordinary skill in the art at the time of the applicant's invention to
include video or audio data in the special event logo because one of ordinary skill would
have recognized the advancement of using different types of media to catch the interest
27. Regarding claim 30, official notice is taken that the use of video or audio data to
be displayed to a user on a web page was ol~ and well known in the art. It would have
been obvious to one of ordinary skill in the art at the time of the applicant's invention to
include video or audio data in the special event logo because one of ordinary skill would
have recognized the advancement of using different types of media to catch the interest
Yahoo!
1. Appellant argues with respect to independent claim 18 that neither Wolff nor
the combination of features recited in claim 18 because Wolff and Yahoo do not
disclose or suggest associating one or more search terms with a special event logo that
was created by modifying a standard company logo for a special event, where the one
or more search terms relate to the special event. Examiner submits that it is best
understood in the broadest sense that the "standard company logo" and the "special
· .
Application/Control Number: Page 18
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Art Unit: 2142
event logo" in the field of the invention are images that are displayed on a web page
that are viewable by a user using a web browser application. The image can have a
search term associated with it and the image can be "clickable" wherein when a user
"clicks" on the image a search is invoked utilizing the search term. Examiner submits
that Wolff is relied upon for teaching this aspect in the art wherein Wolff teaches the
displaying of an image to a user (figure 2, part 102, banner icon), the association of a
search term associated with the icon based on what the icon represents through
imaging means (column 8, lines 43-46, unique indicia) and the invocation of a search
related to the search term (column 8, line 65 - col. 9, line 7, invoking a search based on
a selection of the icon by a user utilizing the unique indicia). Examiner submits that
Wolff does not explicitly teach the image being a company logo that is altered to
become a special event logo and submits that in view of Yahoo, it is well known in the
art that company logos can be displayed as images on web pages and the image can
be altered to commemorate a special event wherein Yahoo has altered their logo to
commemorate the Christmas. holiday season on December 23, 1996. In view of the
combination the search term would always relate to what is being displayed by the
image to the user because it would not make reasonable sense to one of ordinary skill
for the search term to be totally unrelated to what the image represents and therefore
the obvious variant of imaging use wherein the image could be a special event company
logo would be related to the topic of what the special event company logo image is
Appellant argues further with respect to independent claim 18 that it would not
have been obvious to one of ordinary skill in the art at the time of appellant's invention
to replace Wolff's advertisement banner with the prior art seasonal or C?ne-time use
static banner because it would be directly contrary to the whole purpose of the system
submits that it would have been obvious to one of ordinary skill in the art to enable the
teachings of Wolff wherein the ability to display c1ickable images to a user on a web
page in combination with the functionalities of Yahoo! wherein it is taught that one of
ordinary skill can alter an image and upload it for display to users on a web page.
Appellant argues further that the examiner's allegations are unfounded and
based solely on impermissible hindsight because one of ordinary skill would not have
term relating to a special event with the Yahoo logo shown in the Yahoo document. The
examiner submits that In view of the combination the search term would always relate to
what is being displayed by the image to the user because it would not make reasonable
sense to one of ordinary skill for the search term to be totally unrelated to what the
image represents and therefore the obvious variant of imaging use wherein the image
could be a special event company logo would be related to the topic of what the special
2. Appellant argues with respect to dependent claim 40 that Wolff and Yahoo,
whether taken alone or in any reasonable combination, do not disclose or suggest the
..
Internet. Examiner submits and maintains that Wolff teaches in column 9, lines 3-15 the
therefore within the scope of the appellant's claim 40. As is known in the art, search
engines do not actually search the Internet but in fact search an indexed database of
3. Appellant argues with respect to independent claim 26 that Wolff and Yahoo
do not disclose or suggest instructions for creating a special event logo by modifying a
standard company logo for a special event. Examiner submits that Wolff does not
explicitly teach the image being a company logo that is altered to become a special
event logo and submits that in view of Yahoo, it is well known in the art that company
logos can be displayed as images on web pages and the image can'be altered to
commemorate a special event wherein Yahoo has altered their logo to commemorate
the Christmas holiday season on December 23, 1996. It is submitted by the examiner
that the Yahoo's logo had to be modified utilizing a computer because it is a computer
generated image and it is inherent that a computer must contain instructions in order to
function at all. Therefore the combination of Wolff and Yahoo does teach the creating of
a special event logo by modifying a standard company logo for a special event.
Appellant argues further with respect to independent claim 26 that Wolff and
Yahoo do not disclose or suggest instructions for associating a link or search results
with a special event logo created by modifying a standard company logo for a special
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Art Unit: 2142
event logo. the link identifying a document relating to the special event, and the search
results relating to the special event for at least reasons 'similar to reasons given with
regard to claim 18. Examiner submits that it is best understood in the broadest sense
that the "standard company logo" and the "special event logo" in the field of the
invention are images that are displayed on a web page that are viewable by a user
using a web browser application. The image can have a search term associated with it
and the image can be "c1ickable" wherein when a user "clicks" on the image a search is
invoked utilizing the search term. Examiner submits that Wolff is relied upon for
teaching this aspect in the art wherein Wolff teaches the displaying of an image to a
user (figure 2, part 102, banner icon), the association of a search term associated with
the icon based on what the icon represents through imaging means (column 8, lines 43-
46, unique indicia) and the invocation of a search related to the search term (column 8,
line 65 - col. 9, line 7, invoking a search based on a selection of the icon by a user
utilizing the unique indicia). Examiner submits that Wolff does not explicitly teach the
image being a company logo that is altered to become a special event logo and submits
that in view of Yahoo, it is well known in the art that company logos can be displayed as
images on web pages and the image can be altered to commemorate a special event
wherein Yahoo has altered their logo to commemorate the Christmas holiday season on
December 23, 1996. In view of the combination the search term would always relate to
what is being displayed by the image to the user because it would· not make reasonable
sense to one of ordinary skill for the search term to be totally unrelated to what the
image represents and therefore the obvious variant of imaging use wherein the image
Application/Control Number: Page 22
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Art Unit: 2142
could be a special event company logo would be related to the topic of what the special
Appellant argues further that Wolff and Yahoo do not disclose or suggest
instructions for uploading the special event logo to the web page. The examiner
submits that the appellant has failed to accurately describe how a logo or any image for
that matter can be viewable on a web page without performing an upload operation.
The examiner submits that at least Yahoo teaches on this aspect of the appellant's
invention wherein Yahoo clearly illustrates the display of an altered company logo to a
user.
4. Appellant argues with respect to dependent claim 29 that Wolff and Yahoo,
whether taken alone or in any reasonable combination, do not disclose or suggest the
combination of features recited in claim 29. Claim 29 recites instructions for modifying
the standard company logo with one or more animated images. Examiner submits that
Yahoo teaches the modification of a logo using instructions wherein Yahoo shows a
modified Yahoo logo done by computer means. The computer is required to be fed
instructions in order to work at all and therefore reads on the aspect of executing
5. Appellant argues with respect to dependent claim 31 that Wolff and Yahoo,
whether taken alone or in any reasonable combination, do not disclose or suggest the
combination of features recited in claim 31. Dependent claim 31 recites instructions for
modifying the standard company logo with information associated with a holiday.
Examiner submits that the modified Yahoo company logo taught by the Yahoo
Application/Control Number: Page 23
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Art Unit: 2142
reference is a clear commemoration of the Christmas holiday and is therefore within the
6. Appellant argues with respect to dependent claim 35 that Wolff and Yahoo,
whether taken alone or in any reasonable combination, do not disclose or suggest the
combination of features recited in claim 35. Dependent claim 35 recites instructions for
replacing the standard company logo with the special event logo on the web page.
instructions in order to work properly. Examiner maintains that the Yahoo reference
teaches the utilization of a temporary logo, a Christmas holiday logo, in place of the
regular Yahoo logo and therefore teaches the replacing of a standard logo with a
7. Appellant argues with respect to independent claim 27 that neither Wolff nor
the combination of features recited fn claim 27 because Wolff and Yahoo do not
disclose or suggest a processor configured to determine a ~ome page for a web page
on a network. Examiner submits that Wolff teaches the inherent use of a computer
processor by way of having an image uploaded to a web site wherein the uploading of
an image would not be possible in any way without the use of a computer processor.
page, wherein the uploading has been done to the home page as indicated
(www.yahoo.com) and the altered image is actually being displayed where the standard
company logo is customarily presented. By having the uploading being done to the
Application/Control Number: Page 24
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Art Unit: 2142
home page it is therefore taught by Yahoo the functionality of determining the home
page.
8. Appellant argues with respect to dependent claims 32 and 33 that Wolff and
suggest the combination of features recited in claim 32. Dependent claim 32 recites a
processor configured to associate one or more search terms reiating to the special
event with the special event logo. Examiner submits that Wolff is relied upon for
teaching this aspect in the art wherein Wolff teaches the displaying of an image to a
user (figure 2, part 102, banner icon), the association of a search term associated with
the icon based on what the icon represents through imaging means (column 8, lines 43-
46, unique indicia) and the invocation of a search related to the search term (column 8,
line 65 - col. 9, line 7, invoking a search based on a selection of the icon by a user
utilizing ~he unique indicia). Examiner submits that Wolff does not explicitly teach the
image being a company logo that is altered to become a special event logo and submits
that in view of Yahoo, it is well known in the art that company logos can be displayed as
images on web pages and the image can be altered to commemorate a special event
wherein Yahoo has altered their logo to commemorate the Christmas holiday season on
December 23, 1996. In view of the combination the search term would always relate to
what is being displayed by the image to' the user because it would not make reasonable
sense to one of ordinary skill for the search term to be totally unrelated to what the
image represents and therefore the obvious variant of imaging use wherein the image
Application/Control Number: Page 25
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Art Unit: 2142
could be a special event company logo would be related to the topic of what the special
9. Appellant argues with respect to claims 28 and 36 that neither Wolff nor
the combination of features recited in claim 28 because Wolff and Yahoo do not
disclose or suggest associating one or more search terms relating to a special event
with a special event logo created by modifying a standard company logo with at least
one or image, video, or audio data relating to the special event for at least reasons
similar to reasons given with regard to claim 18. Examiner submits that Wolff is relied
upon for teaching this aspect in the art wherein Wolff teaches the displaying of an image
to a user (figure 2, part 102, banner icon), the association of a search term associated
with the icon based on what the icon represents through imaging means (column 8,
lines 43-46, unique indicia) and the invocation of a search related to the search term
(column 8, line 65 - col. 9, line 7, invoking a search based on a selection of the icon by
a user utilizing the unique indicia). Examiner submits that Wolff does not explicitly teach
the image beil")g a company logo that is altered to become a special event logo and
submits that in view of Yahoo, it is well known in the art that company logos can be
displayed as images on web pages and the image can be altered to commemorate a
special ev~nt wherein Yahoo has altered their logo to commemorate the Christmas
holiday season on December 23, 1996. In view of the combination the search term
would always relate to what is being displayed by the image to the user because it
would not make reasonable sense to one of ordinary skill for the search term to be
Application/Control Number: Page 26
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Art Unit: 2142
totally unrelated to what the image represents and therefore the obvious variant of
imaging use wherein the image could be a special event company logo would be related
to the topic of what the special event company logo image is portraying to a u~er
10. Appellant argues with respect to dependent claim 41 that Wolff and Yahoo,
whether taken alone or in any reasonable combination, do not disclose or suggest the
combination of features recited in claim 41. Claim 41 recites invoking a search for web
pages relating to the special event. Examiner submits and maintains that Wolff teaches
part of the Internet and is therefore within the scope of the appellant's claim 40. As is
known in the art, search engines do not actually search the Internet but in fact search
41.
11. Appellant argues with respect to claims 37-39 that neither Wolff nor Yahoo,
combination of features recited in claim 37 because Wolff and Yahoo do not disclose or
suggest invoking a search for web pages relating to the special event in response to a
received selection of a special event logo. Examiner submits and maintains that Wolff
teaches in column 9, lines 3-15 the searching of an online database which is considered
to be a part of the Internet and is therefore within the scope of the appellant's claim 40.
As is known in the art, search engines do not actually search the Internet but in fact
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Art Unit: 2142
12. Appellant argues with respect to dependent claim 22 that Wolff and Yahoo,
whether taken alone or in any reasonable combination, do not disclose or suggest the
combination of features recited in claim 22. Dependent claim 22 recites associating one
or more search terms relating to the special event, and performing the search based on
the one or more search terms. Examiner submits that Wolff is relied upon for teaching
this aspect in the art wherein Wolff teaches the displaying of an image to a user (figure
2, part 102, banner icon), the association of a search term associated with the icon
based on what the icon represents through imaging means (column 8, lines 43-46,
unique indicia) and the invocation of a search related to the search term (column 8, line
65 - col. 9, line 7, invoking a search based on a selection of the icon by a user utilizing
the unique indicia). Examiner submits that Wolff does not explicitly teach the image
being a company logo that is altered to become a special event logo and submits that in
view of Yahoo, it is well known in the art that company logos can be displayed as
images on web pages and the image can be altered to commemorate a special event
wherein Yahoo has altered their logo to commemorate the Christmas holiday season on
December 23, 1996. In view of the combination the search term would always ,relate to
what is being displayed by the image to the user because it would not make reasonable
sense to one of ordinary skill for the search term to be totally unrelated to what the
image represents and therefore the obvious variant of imaging use wherein the image
,
could be a special event company logo would be related to the topic of what the special
Yahoo! and what was well known at the time of the applicant's invention.
1. Appellant argues with respect to dependent claim 20 that Wolff and Yahoo do
not disclose or suggest the combination of features recited in claim 20. Dependent
claim 20 recites creating the special event logo by modifying the standard company logo
with at least one of video or audio data. The examiner had taken official notice with
respect to use of video or audio data on a web page. The examiner submits that it
would have been obvious to one of ordinary skill in the art at the time of the applicant's
invention to include video or audio data in the special event logo because one of
ordinary skill would have recognized the advancement of using different types of media
2. Appellant argues with respect to dependent claim 30 that Wolff, Yahoo and
what was well known at the time of the appellant's invention do not disclose or suggest
the combination of features recited in claim 30. Dependent claim 30 recites instructions
fro modifying the standard company logo with at least one of video or audio data. The
examiner had taken official notice with respect to use of video or audio data on a web
page. The examiner submits that it would have been obvious to one of ordinary skill in
the art at the time of the applicant's invention to include video or audio data in the
special event logo because one of ordinary skill would have recognized the
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Art Unit: 2142
advancement of using different types of media to catch the interest of the user viewing a
page.
For the above reasons, it is believed that the rejections should be sustained.
Respectfully submitted,
Benjamin A. Ailes ~~
Conferees:
Andrew Caldwell
QrnMuJC~
ANDREW CALDWELL
SUPERVISORY PATENT EXAMINER
~-
~~ARDONE
SUPERVISORY PATENT EXAMINER
, ..~
0 Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47
CLAIM DATE
Final Original 11/07/2007
1 -
2 -
3 -
4 -
5 -
6 -
7 -
8 -
9 -
10 -
11 -
12 -
13 -
14 -
15 -
16 -
17 -
18 A
19 A
20 A
21 A
22 A
23 A
24 A
25 A
26 A
27 A
28 A
29 A
30 A
31 A
32 A
33 A
34 A
35 A
36 A
u.s. Patent and Trademark Office Part of Paper No.: 20071107
Application/Control No. Applicant(s)/Patent Under
Reexamination
Index of Claims 09843923 BRIN, SERGEY
II
Examiner Art Unit
D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47
CLAIM DATE
Final Original 11/07/2007
37 A
38 A
39 A
40 A
41 A
In re Patent Application of )
)
SergeyBRIN ) ATTN: APPEAL BRIEF - PATENTS
)
Application No.: 09/843,923 ) Group Art Unit: 2142
)
Filed: April 30, 2001 ) Examiner: B. Ailes
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEB SITE )
APPEAL BRIEF
This Appeal Brief is submitted in response to the non-final Office Action, dated February
Claims 18, 19,21-29, and 31-41 stand rejected under 35 US.C. § 103(a) as allegedly
Claims 20 and 30 stand rejected under 35 US.c. § 103(a) as allegedly unpatentable over
Wolff in view of Yahoo and what was allegedly "well known at the time of the applicant's
invention. "
Claims 18-41 are the subject of the present appeal. These claims are reproduced in the
No claim amendments were filed subsequent to the non-final Office Action, dated
February 7,2007.
In the paragraphs that follow, a concise explanation of the independent claims and the
appeal will be provided by referring, in parenthesis, to examples of where support can be found
Claim 18 recites a method for enticing users to access a web page (Fig. 10). The method
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comprises modifying a standard company logo for a special event to create a special event logo
(Fig. 10, 1010; page 11, line 19 - page 12, line 5; page 13, lines 9-20); associating one or more
search terms with the special event logo (Fig. 10, 1020; page 12, lines 9-14; page 14, lines 1-5),
the one or more search terms relating to the special event (page 12, lines 9-14); uploading the
special event logo to the web page (Fig. 10, 1030; page 14, lines 6-10); receiving a user selection
of the special event logo (Fig. 10, 1040; page 14, lines 11-13); and invoking a search relating to
the special event based on the one or more search terms in response to the user selection (Fig. 10,
Claim 20 recites creating the special event logo by modifying the standard company logo
with at least one of video or audio data (page 11, line 20 - page 12, line 5).
Claim 22 recites associating one or more search terms relating to the special event (page
12, lines 9-14; page 14, lines 1-5); and wherein invoking a search includes performing the search
based on the one or more search terms (page 14, lines 11-15).
executable by one or more processors (Fig. 2, 220) to perform a method for attracting users to a
web page (Fig. 10; page 15, lines 1-2). The computer-readable medium comprises instructions
for creating a special event logo by modifying a standard company logo for a special event (Fig.
10, 1010; page 11, line 19 - page 12, line 5; page 13, lines 9-20); instructions for associating a
link or search results with the special event logo (Fig. 10, 1020; page 12, lines 9-14; page 14,
lines 1-5), the link identifying a document relating to the special event (page 12, lines 9-14), the
search results relating to the special event (page 12, lines 9-14); instructions for uploading the
special event logo to the web page (Fig. 10, 1030; page 14, lines 6-10); instructions for receiving
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a user selection of the special event logo (Fig. 10, 1040; page 14, lines 11-13); and instructions
for providing the document relating to the special event or the search results relating to the
special event based on the user selection (Fig. 10, 1050; page 12, lines 15-18; page 14, lines 13-
19).
Claim 27 recites a server (Fig. 1, 120) connected to a network (Fig. 1, 130). The server
comprises a memory (Fig. 2, 230-250) configured to store instructions (page 7, lines 13-18); and
a processor (Fig. 2, 220) configured to execute the instructions (page 7, lines 12-18) to determine
a home page for a web page on the network (page 13, lines 17-18), identify a standard company
logo on the home page (page 13, lines 18-19), modify the standard company logo with special
event information corresponding to a special event to create a special event logo (page 11, line
19 - page 12, line 8; page 13, lines 19-20), and replace the standard company logo with the
special event logo during the special event (page 12, lines 6-8; page 14, lines 6-10).
with a web site (page 13, lines 17-19); modifying the standard company logo with at least one of
image, video, or audio data relating to a special event to create a special event logo (page 12,
lines 1-5; page 13, lines 9-12; page 13, lines 19-20); associating one or more search terms
relating to the special event with the special event logo (page 12, lines 9-14; page 14, lines 1-5);
detecting a selection associated with the special event logo (page 14, lines 11-13); and invoking
a search relating to the special event based on the one or more search terms in response to the
Claim 29 recites that the instructions for creating a special event logo include instructions
for modifying the standard company logo with one or more animated images (page 8, lines 7-11;
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Claim 30 recites that the instructions for creating a special event logo include instructions
for modifying the standard company logo with at least one of video or audio data (page 8, lines
Claim 31 recites that the instructions for creating a special event logo include instructions
for modifying the standard company logo with information associated with a holiday (page 8,
lines 7-11; page 12, lines 6-8; page 12, line 19 - page 13, line 5).
Claim 32 recites that the processor is further configured to associate one or more search
terms relating to the special event with the special event logo (page 12, lines 9-14; page 14, lines
1-5).
Claim 35 recites that the instructions for uploading the special event logo include
instructions for replacing the standard company logo with the special event logo on the web page
Claim 37 recites a method may include presenting a special event logo on a web page
(page 14, lines 6-10), the special event logo being associated with a standard company logo that
has been modified or replaced for a special event (page 12, lines 1-5; page 13, lines 9-12);
receiving selection of the special event logo (page 14, lines 11-13); invoking a search for web
pages relating to the special event in response to the received selection (page 14, lines 13-15);
and presenting results based on the invoked search (page 12, lines 15-18; page 14, lines 14-15).
Claim 40 recites that invoking a search includes invoking a search of the Internet (page
Claim 41 recites that invoking a search includes invoking a search for web pages relating
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A. Claims 18, 19,21-29, and 31-41 stand rejected under 35 U.S.c. § 103(a) as
Wolff, Yahoo, and what was allegedly "well known at the time of applicant's invention."
VII. ARGUMENT
A. The Rejection Under 35 U.S.C. § 103(a) Based on Wolff (U.S. Patent No.
6,247,047) in View of Yahoo
(www.archive.org/web/19961223150621/http://www8.Yahoo.com. dated
December 23, 1996) Should be Reversed.
The initial burden of establishing a prima facie basis to deny patentability to a claimed
invention is always upon the Examiner. In re Oetiker, 977 F.2d 1443,24 USPQ2d 1443 (Fed.
Cir. 1992). In rejecting a claim under 35 U.S.C. § 103, the Examiner must provide a factual
basis to support the conclusion of obviousness. In re Warner, 379 F.2d 1011, 154 USPQ 173
(CCPA 1967). Based upon the objective evidence of record, the Examiner is required to make
the factual inquiries mandated by Graham v. John Deere Co., 86 S.Ct. 684, 383 U.S. 1, 148
USPQ 459 (1966). KSR International Co. v. Teleflex Inc., 550 U.S. (April 30, 2007).
The Examiner is also required to explain how and why one having ordinary skill in the art would
have been led to modify an applied reference and/or combine applied references to arrive at the
claimed invention. Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044,5 USPQ2d 1434 (Fed.
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Cir. 1988).
The method comprises modifying a standard company logo for a special event to create a special
event logo; associating one or more search terms with the special event logo, the one or more
search terms relating to the special event; uploading the special event logo to the web page;
receiving a user selection of the special event logo; and invoking a search relating to the special
event based on the one or more search terms in response to the user selection.
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 18. For example, Wolff and
Yahoo do not disclose or suggest associating one or more search terms with a special event logo
that was created by modifying a standard company logo for a special event, where the one or
The Examiner alleged that Wolff discloses this feature and cited column 8, line 56 -
column 9, line 15, of Wolff for support. Office Action, paragraph 12. Appellant submits that
this section of Wolff provides absolutely no support for the Examiner's allegation.
At step 202, a user uninterested in the advertised product or service may continue
browsing without selecting banner 102. However, if the user wants to make a transaction
or wants more information about the advertised product or service, the user selects banner
102 using an input device such as mouse 22 by clicking in geographic area 104. In
response, at step 204, user node 14 makes an TCP/IP request using the URL
(..www.bannerbuy.com..) embedded within banner 102 to contact host server 12 over
Internet 16.
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by the user for this transaction. At step 208, host server 12 receives the unique indicia
(e.g., "12345") embedded within banner 102 and uses the indicia to search the on-line
product/service database for a record containing information specific to the advertised
product or service. This record was previously defined by the merchant, at which time its
unique identification indicia was assigned. After finding and retrieving the record, at step
210, host server 12 dynamically generates a presentation/input form page 108 based at
least in part on data stored within the retrieved record, and sends page 108 over Internet
16 for display on display 18 of user node 14 at step 212. Page 108 is displayed by
opening a new browser or new window on user node 14.
In this section, Wolff discloses that if a user wants more information about an advertised product
or service, the user selects banner 102, which causes host server 12 to perform a search based on
unique indicia embedded within the banner to identify a record containing information specific
to the advertised product or service. In other words, Wolff discloses a banner relating to an
advertised product or service and in response to a user selecting the banner, presenting the user
with information relating to the advertised product or service. Nowhere does Wolff disclose or
suggest a special event logo (created by modifying a standard company logo for a special event)
and, therefore, cannot disclose or suggest associating one or more search terms with the special
event logo, where the one or more search terms relate to the special event, as required by claim
18.
The Examiner admitted that Wolff does not disclose a special event logo that is created
by modifying a standard company logo for a special event. Office Action, paragraph 12. The
Examiner relied upon Yahoo for allegedly disclosing a special event logo that is created by
modifying a standard company logo for a special event. Office Action, paragraph 12. While
Yahoo appears to show the Yahoo logo with a reindeer for the Christmas season, Yahoo does not
disclose or remotely suggest, however, associating one or more search terms with the special
event logo, let alone one or more search terms that relate to the special event, as required by
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claim 18. In fact, there is absolutely nothing in the Yahoo document that remotely suggests that
The Examiner alleged that Wolff discloses the use of a graphical icon, as an
advertisement banner, that can be quickly set up for seasonal and one-time use and cited column
2, lines 27-28, of Wolff for support. Office Action, paragraph 12. Appellant submits that the
At column 2, lines 27-28, Wolff discloses "Also, the banner can be quickly set up for
seasonal or one-time use." In this section, Wolff is describing a feature of a prior art technique
for providing a static graphical banner that includes a static image relating to the product or
service being advertised. Column 2, lines 14-35. Wolff specifically discloses that static banners
"involve only one-way communication, and do not take advantage of the Internet's interactive
capabilities." Column 2, lines 30-35. Thus, Wolff teaches away from associating one or more
search terms with these static banners, and clearly does not disclose or suggest associating one or
more search terms that relate to a special event, as would be required by claim 18. Therefore, at
best, this section of Wolff merely discloses putting a seasonal or one-time use static banner on a
web site.
banner with the prior art seasonal or one-time use static banner. Thus, the Examiner has not
established a prima facie case of obviousness with regard to claim 18. In fact, Appellant submits
that it would not have obvious to one of ordinary skill in the art at the time of Appellant's
invention to replace Wolffs advertisement banner with the prior art seasonal or one-time use
static banner because it would be directly contrary to the whole purpose of the system of Wolff --
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disclosed by Wolff, with the Yahoo logo (modified for the Christmas season), as allegedly
disclosed by Yahoo, and putting a static banner on a web site for seasonal or one-time use, as
allegedly disclosed by Wolff, would somehow correspond to associating one or more search
terms with a special event logo that was created by modifying a standard company logo for a
special event, where the one or more search terms relate to the special event, as required by
claim 18. Appellant submits that even if these disparate pieces could be combined (a point that
Appellant does not concede for the reasons given herein), the combination would not remotely
correspond to associating one or more search terms with a special event logo, where the one or
more search terms relate to the special event, as required by claim 18. Instead, at best, the
combination might motivate one of ordinary skill in the art to associate a search term relating to
It would have been obvious to one of ordinary skill in the art to enable the teachings of
Wolff wherein the ability to display clickable images to a user on a web page in
combination with the functionalities of Yahoo! wherein it is taught that one of ordinary
skill can alter an image and upload it for display to a user on a web page.
Office Action, paragraph 12. Appellant submits that the Examiner's allegation is merely an
unfounded conclusion. The Examiner has provided absolutely no motivation for combining
Further, it would have been obvious to associate the "search term" to relate to the
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graphical icon image as taught by Wolff because the keyword associated with the icon
image is supposed to directly identify the product or service being represented by use of
the icon image and when a use interacts (clicks) on the icon image (see Wolff, col. 8,11.
43-49), it is deemed obvious that search results should be directly related to whatever the
icon represents instead of erroneous data. One of ordinary skill would not find it desirable
to provide search results that are totally unrelated to what is being displayed by the icon
image. Therefore, in view of Yahoo!, ifan image is altered in some sort of way, the
keyword associated with the image should be changed accordingly so that the keyword
corresponds to the image in some sort of way.
Office Action, paragraph 12. Appellant submits that the Examiner's allegations are unfounded
and based solely on impermissible hindsight. In light of the Examiner's reasoning, one of
ordinary skill in the art might, at best, be motivated to associate a search term relating to the
company Yahoo with the Yahoo logo. The Yahoo logo, shown in the Yahoo document, is still
the Yahoo logo even though it includes a reindeer image with the reindeer's head sticking
through the "0." One of ordinary skill would not have been motivated, contrary to the
Examiner's hindsight reasoning, to associate a search term relating to a special event with the
Yahoo logo shown in the Yahoo document. The Examiner has provided absolutely no evidence
to the contrary.
One or ordinary skill in the art at the time of the applicant's invention would have found
it obvious to combine the teachings of Yahoo! with what is taught by Wolff as outlined
above. One of ordinary skill in the art would have been motivated to make such a
combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user that are deemed clickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different images
to be displayed to a user is deemed an obvious variation in the art. In view of Wolff, the
use of different images is clearly taught as a motivation in the prior art wherein one of
ordinary skill in the art may find it useful to use different image types for seasonal use
(col. 2, 11. 27-28).
Office Action, paragraph 12. Appellant submits that the Examiner's motivation statements fall
short of establishing a prima facie case of obviousness with regard to claim 18. For example, the
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Examiner has provided absolutely no explanation of why one of ordinary skill in the art at the
time of Appellant's invention would have been motivated to associate one or more search terms
relating to a special event with the Yahoo logo. Instead, as explained above, the Examiner has
only provided an allegation as to why one of ordinary skill might have been motivated to
associate a search term that is "directly related to whatever the icon represents" (Office Action,
unreasonably broaden the definition of" company logo." It is apparent that the Examiner
understands the definition of company logo since the Examiner properly pointed to the Yahoo
company logo in the Yahoo document. Appellant uses the term "company logo" consistent with
its well understood definition of a name, symbol, or trademark designed for easy recognition.
The American Heritage College Dictionary, Third Edition, 1997, page 797. Thus, the
Examiner's attempt to broaden the definition of "company logo" to any image displayed on a
Wolff is not relied upon for teaching in the art the image being a company logo that is
altered to become a special event logo. The image being a company logo is deemed an
obvious variation in the art.
Office Action, paragraph 4. Appellant submits that the Examiner's allegation that substituting a
company logo for the banner advertisement in Wolff would be an "obvious variation in the art"
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is simply a conclusory statement that is unsupported by the disclosures of Wolff and Yahoo. The
Examiner has provided absolutely no evidence to show that substituting a company logo for a
banner advertisement would have been obvious to one of ordinary skill in the art at the time of
Appellant's invention and, like the rest of the Examiner's allegations, falls short of establishing a
prima facie case of obviousness. In fact, Appellant submits that substituting a company logo for
a banner advertisement in Wolff would be directly contrary to the whole purpose of the system
It would have been obvious to one of ordinary skill in the art in view of the combination
that the search term would always relate to what is being displayed by the image to the
user because it would not make reasonable sense to one of ordinary skill for the search
term to be totally unrelated to what the image represents and therefore the obvious variant
of imaging use wherein the image could be a special event company logo as taught by
Yahoo! the search term associated with the special event company logo would be related
to the topic of what the special event company logo image is portraying to a user through
graphical means.
Office Action, paragraph 4. These allegations by the Examiner, at best, only attempt to explain
why one of ordinary skill might have been motivated to associate the search term of "Yahoo"
with the Yahoo logo because, as the Examiner states "the search term would always relate to
what is being displayed by the image to the user because it would not make reasonable sense to
one of ordinary skill for the search term to be totally unrelated to what the image represents."
Office Action, paragraph 4. The Yahoo logo in the Yahoo document clearly relates to the Yahoo
company. Thus, contrary to the Examiner's allegations, the combination of Wolff and Yahoo
would not disclose or suggest associating one or more search terms with a special event logo that
was created by modifying a standard company logo for a special event, where the one or more
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Because Wolff and Yahoo do not disclose or suggest associating one or more search
terms with the special event logo, the one or more search terms relating to the special event,
Wolff and Yahoo cannot disclose or suggest invoking a search relating to the special event based
on the one or more search terms in response to a user selection, as further recited in claim 18.
For at least these reasons, it is respectfully submitted that claims 18, 19,21,23-25, and
34 are patentable over Wolff and Yahoo, whether taken alone or in any reasonable combination,
under 35 U.S.c. § 103. Reversal of the rejection of claims 18, 19,21,23-25, and 34 is
respectfully requested.
2. Claim 40.
Initially, claim 40 depends from claim 18. Claim 40 is, therefore, patentable over Wolff
and Yahoo, whether taken alone or in any reasonable combination, for at least the reasons given
Further, Wolff and Yahoo, whether taken alone or in any reasonable combination, do not
The Examiner alleged that Wolff discloses invoking a search of the Internet and cited
column 9, lines 3-7, of Wolff for support. Office Action, paragraph 33. Appellant submits that
this section of Wolff provides absolutely no support for the Examiner's allegation.
At step 208, host server 12 receives the unique indicia (e.g., "12345") embedded within
banner 102 and uses the indicia to search the on-line product/service database for a record
containing information specific to the advertised product or service. This record was
previously defined by the merchant, at which time its unique identification indicia was
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assigned. After finding and retrieving the record, at step 210, host server 12 dynamically
generates a presentation/input form page 108 based at least in part on data stored within
the retrieved record, and sends page 108 over Internet 16 for display on display 18 of
user node 14 at step 212. Page 108 is displayed by opening a new browser or new
window on user node 14.
accessible via the Internet. See, e.g., Figure 1. The Examiner appears to be alleging that
invoking a search of the Internet. These two searches are very different. The product/service
database search would retrieve only records from the set of records in the product/service
database. Just because Wolff discloses that the product/service database is available via the
Internet, does not mean that searching the database is equivalent to searching the Internet.
For at least these reasons, it is respectfully submitted that claim 40 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
3. Claim 26.
executable by one or more processors to perform a method for attracting users to a web page.
The computer-readable medium comprises instructions for creating a special event logo by
modifying a standard company logo for a special event; instructions for associating a link or
search results with the special event logo, the link identifying a document relating to the special
event, the search results relating to the special event; instructions for uploading the special event
logo to the web page; instructions for receiving a user selection of the special event logo; and
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instructions for providing the document relating to the special event or the search results relating
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 26. For example, Wolff and
Yahoo do not disclose or suggest instructions for creating a special event logo by modifying a
The Examiner admitted that Wolff does not disclose this feature, but alleged that Yahoo
discloses that a company logo can be modified to commemorate a special event. Office Action,
paragraph 20. Regardless of the accuracy of the Examiner's allegation regarding the Yahoo
document, Appellant submits that the Examiner has not provided any evidence that the Yahoo
logo was modified by executing instructions for creating a special event logo by modifying a
standard company logo for a special event, as required by claim 26. Instead, the Examiner
merely showed an end product (i.e., the modified Yahoo logo), which might have been manually
modified by a web site operator. Thus, the Examiner has not established a prima facie case of
Also, Wolff and Yahoo do not disclose or suggest instructions for associating a link or
search results with a special event logo created by modifying a standard company logo for a
special event, the link identifying a document relating to the special event, and the search results
relating to the special event, as further recited in claim 26, for at least reasons similar to reasons
Also, Wolff and Yahoo do not disclose or suggest instructions for uploading the special
event logo to the web page, as further recited in claim 26. The Examiner alleged that Yahoo
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discloses a company logo that can be modified to commemorate a special event and uploaded for
display to a user on a web page. Office Action, paragraph 20. Regardless of the accuracy of the
Examiner's allegation regarding the Yahoo document, Appellant submits that the Examiner has
not provided any evidence that the modified Yahoo logo was uploaded on the Yahoo web page
by executing instructions for uploading a special event logo to a web page, as required by claim
26. Instead, the Examiner merely showed an end product (i.e., the modified Yahoo logo on the
Yahoo web page), which might have been manually uploaded by a web site operator. Thus, the
Examiner has not established a prima facie case of obviousness with regard to claim 26.
For at least these reasons, it is respectfully submitted that claim 26 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
4. Claim 29.
Dependent claim 29 recites instructions for modifying the standard company logo with
Initially, claim 29 depends from claim 26. Claim 29 is, therefore, patentable over Wolff
and Yahoo, whether taken alone or in any reasonable combination, for at least the reasons given
Further, Wolff and Yahoo, whether taken alone or in any reasonable combination, do not
The Examiner alleged that Yahoo discloses modifying a standard company logo with one
or more animated images. Office Action, paragraph 23. Regardless of the accuracy of the
Examiner's allegation regarding the Yahoo document, Appellant submits that the Examiner has
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not provided any evidence that the Yahoo logo was modified by executing instructions for
modifying the standard company logo with one or more animated images, as required by claim
29. Instead, the Examiner merely showed an end product (i.e., the modified Yahoo logo), which
might have been manually modified by a web site operator. Thus, the Examiner has not
For at least these reasons, it is respectfully submitted that claim 29 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
5. Claim 31.
Dependent claim 31 recites instructions for modifying the standard company logo with
Initially, claim 31 depends from claim 26. Claim 31 is, therefore, patentable over Wolff
and Yahoo, whether taken alone or in any reasonable combination, for at least the reasons given
Further, Wolff and Yahoo, whether taken alone or in any reasonable combination, do not
The Examiner alleged that Yahoo discloses modifying a standard company logo with
information associated with a holiday. Office Action, paragraph 24. Regardless of the accuracy
of the Examiner's allegation regarding the Yahoo document, Appellant submits that the
Examiner has not provided any evidence that the Yahoo logo was modified by executing
instructions for modifying a standard company logo with information associated with a holiday,
as required by claim 31. Instead, the Examiner merely showed an end product (i.e., the modified
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Yahoo logo), which might have been manually modified by a web site operator. Thus, the
Examiner has not established a prima facie case of obviousness with regard to claim 31.
For at least these reasons, it is respectfully submitted that claim 31 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
6. Claim 35.
Dependent claim 35 recites instructions for replacing the standard company logo with the
Initially, claim 35 depends from claim 26. Claim 35 is, therefore, patentable over Wolff
and Yahoo, whether taken alone or in any reasonable combination, for at least the reasons given
Further, Wolff and Yahoo, whether taken alone or in any reasonable combination, do not
The Examiner alleged that Yahoo discloses replacing a standard company logo with a
special event logo. Office Action, paragraph 28. Regardless of the accuracy of the Examiner's
allegation regarding the Yahoo document, Appellant submits that the Examiner has not provided
any evidence that the Yahoo logo was replaced by executing instructions for replacing a standard
company logo with a special event logo on a web page, as required by claim 35. Instead, the
Examiner merely showed an end product (i.e., the modified Yahoo logo), which might have been
manually replaced by a web site operator. Thus, the Examiner has not established a prima facie
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For at least these reasons, it is respectfully submitted that claim 35 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
7. Claim 27.
comprises a memory configured to store instructions; and a processor configured to execute the
instructions to determine a home page for a web page on the network, identify a standard
company logo on the home page, modify the standard company logo with special event
information corresponding to a special event to create a special event logo, and replace the
standard company logo with the special event logo during the special event.
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 27. For example, Wolff and
Yahoo do not disclose or suggest a processor configured to determine a home page for a web
page on a network.
Yahoo! clearly teaches the uploading of an image to a web page in this case the
uploading has been done to the home page as indicated (www.Yahoo.com) and the
altered image is actually being displayed where the standard company logo is customarily
presented. By way of actually uploading the image to the home page by Yahoo! then it is
taught by Yahoo! the functionality of home page determination.
Office Action, paragraph 21. Appellant submits that the Examiner's allegations are merely
conclusory and fall short of establishing prima facie case of obviousness with regard to claim 27
by failing to show a processor configured to determine a home page for a web page on a
network, as required by claim 27. Instead, the Examiner has merely pointed to what the
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
Examiner alleged is the home page for Yahoo.com and appears to reason that this necessarily
means that a processor determined the home page. Appellant submits that the Examiner has
provided absolutely no evidence to support the Examiner's conclusion. In fact, it is much more
likely that an operator of the Yahoo web site uploaded the Yahoo logo on the Yahoo web page.
Wolff teaches the use of computer processors for example in figure 1, item 14 and
Yahoo! teaches the inherent use of a computer processor by way of having an image
uploaded to a web site wherein the uploading of an image would not be possible in any
way without the use of a computer processor.
Office Action, paragraph 7. Thus, the Examiner alleged that Wolff discloses a processor and
Yahoo inherently uses a processor to upload an image to a web site. Regardless of the accuracy
of the Examiner's allegations concerning Wolff and Yahoo, the Examiner still has not provided
any evidence that either the Wolff processor or the inherent Yahoo processor is configured to
determine a home page for a web page on a network, as required by claim 27. Thus, the
Examiner still has not established a prima facie case of obviousness with regard to claim 27.
Also, Wolff and Yahoo do not disclose or suggest a processor configured to identify a
Yahoo! clearly teaches the uploading of an image to a web page in this case the
uploading has been done to the home page as indicated (www.Yahoo.com) and the
altered image is actually being displayed where the standard company logo is customarily
presented. By way of actually uploading the image to the home page by Yahoo! then it is
taught by Yahoo! the functionality of home page determination.
Office Action, paragraph 21. Appellant submits that the Examiner's allegations are merely
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
conclusory and fall short of establishing prima facie case of obviousness with regard to claim 27
by failing to show a processor configured to identify a standard company logo on the home page,
as required by claim 27. Instead, the Examiner has merely pointed to what the Examiner alleged
is the home page for Yahoo.com and appears to reason that this necessarily means that a
processor identified a standard company logo on the home page. Appellant submits that the
Examiner has provided absolutely no evidence to support the Examiner's conclusion. In fact, it
is much more likely that an operator of the Yahoo web site uploaded the modified Yahoo logo on
the Yahoo web page. Therefore, there would be no need in Yahoo for a processor to be
configured to identify a standard company logo on a home page, as required by claim 27.
Wolff teaches the use of computer processors for example in figure 1, item 14 and
Yahoo! teaches the inherent use of a computer processor by way of having an image
uploaded to a web site wherein the uploading of an image would not be possible in any
way without the use of a computer processor.
Office Action, paragraph 7. Thus, the Examiner alleged that Wolff discloses a processor and
Yahoo inherently uses a processor to upload an image to a web site. Regardless of the accuracy
of the Examiner's allegations concerning Wolff and Yahoo, the Examiner still has not provided
any evidence that either the Wolff processor or the inherent Yahoo processor is configured to
identify a standard company logo on the home page, as required by claim 27. Thus, the
Examiner still has not established a prima facie case of obviousness with regard to claim 27.
Because Wolff and Yahoo do not disclose or suggest a processor configured to determine
a home page for a web page on the network or identify a standard company logo on the home
page, Wolff and Yahoo cannot disclose or suggest a processor that is also configured to modify
the standard company logo with special event information corresponding to a special event to
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
create a special event logo, and replace the standard company logo with the special event logo
For at least these reasons, it is respectfully submitted that claim 27 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
Dependent claim 32 recites a processor configured to associate one or more search terms
Initially, claim 32 depends from claim 27. Claim 32 is, therefore, patentable over Wolff
and Yahoo, whether taken alone or in any reasonable combination, for at least the reasons given
Further, Wolff and Yahoo, whether taken alone or in any reasonable combination, do not
The Examiner alleged that the combination of Wolff and Yahoo discloses a processor
configured to associate one or more search terms relating to a special event with a special event
logo. Office Action, paragraph 25. Appellant disagrees for at least reasons similar to reasons
For at least these reasons, it is respectfully submitted that claims 32 and 33 are patentable
over Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.C. §
- 23 -
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
logo associated with a web site; modifying the standard company logo with at least one of image,
video, or audio data relating to a special event to create a special event logo; associating one or
more search terms relating to the special event with the special event logo; detecting a selection
associated with the special event logo; and invoking a search relating to the special event based
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 28. For example, Wolff and
Yahoo do not disclose or suggest associating one or more search terms relating to a special event
with a special event logo created by modifying a standard company logo with at least one of
image, video, or audio data relating to the special event for at least reasons similar to reasons
For at least these reasons, it is respectfully submitted that claims 28 and 36 are patentable
over Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.C. §
Dependent claim 41 recites invoking a search for web pages relating to the special event.
Initially, claim 41 depends from claim 28. Claim 41 is, therefore, patentable over Wolff
and Yahoo, whether taken alone or in any reasonable combination, for at least the reasons given
Further, Wolff and Yahoo, whether taken alone or in any reasonable combination, do not
The Examiner alleged that Wolff discloses invoking a search fore web pages relating to a
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
special event and cited column 9, lines 3-7, of Wolff for support. Office Action, paragraph 34.
Appellant submits that this section of Wolff provides absolutely no support for the Examiner's
allegation.
Column 9, lines 3-7, of Wolff is reproduced above. In this section, Wolff discloses
searching an on-line product/service database, which is accessible via the Internet. See, e.g.,
Figure 1. The Examiner appears to be alleging that invoking a search of a database connected
via the Internet is equivalent to invoking a search for web pages relating to a special event.
These two searches are very different. The product/service database search would retrieve only
product/service records from the set of records in the product/service database. Just because
Wolff discloses that the product/service database is available via the Internet, does not mean that
searching the database is equivalent to searching for web pages relating to a special event.
For at least these reasons, it is respectfully submitted that claim 41 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
on a web page, the special event logo being associated with a standard company logo that has
been modified or replaced for a special event; receiving selection of the special event logo;
invoking a search for web pages relating to the special event in response to the received
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
discloses or suggests the combination of features recited in claim 37. For example, Wolff and
Yahoo do not disclose or suggest invoking a search for web pages relating to the special event in
response to a received selection of a special event logo for at least reasons similar to reasons
For at least these reasons, it is respectfully submitted that claims 37-39 are patentable
over Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.C. §
Dependent claim 22 recites associating one or more search terms relating to the special
event, and performing the search based on the one or more search terms.
Initially, claim 22 depends from claim 37. Claim 22 is, therefore, patentable over Wolff
and Yahoo, whether taken alone or in any reasonable combination, for at least the reasons given
Further, Wolff and Yahoo, whether taken alone or in any reasonable combination, do not
disclose or suggest the combination of features recited in claim 22 for at least reasons similar to
For at least these reasons, it is respectfully submitted that claim 22 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
B. The Rejection Under 35 U.S.C. § 103(a) Based on Wolff (U.S. Patent No.
6,247,047) in View of Yahoo
(www.archive.org/web/19961223150621/http://www8.Yahoo.com. dated
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
December 23,1996) and What was Allegedly "Well Known at the Time of
the Applicant's Invention" Should be Reversed.
1. Claim 20.
Dependent claim 20 recites creating the special event logo by modifying the standard
Initially, claim 20 depends from claim 18. Claim 20 is, therefore, patentable over Wolff,
Yahoo, and what was allegedly "well known at the time of the applicant's invention," whether
taken alone or in any reasonable combination, for at least the reasons given with regard to claim
18.
Further, Wolff, Yahoo, and what was allegedly "well known at the time of the applicant's
invention," whether taken alone or in any reasonable combination, do not disclose or suggest the
The Examiner took official notice that "the use of video or audio data to be displayed to a
user on a web page was old and well known in the art." Office Action, paragraph 36. The
Examiner's official notice fails to establish a prima facie case of obviousness with regard to
claim 20 because the official notice does not establish that it was "old and well known in the art"
to modify a standard company logo with at least one of video or audio data, as required by claim
20.
For at least these reasons, it is respectfully submitted that claim 20 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
2. Claim 30.
Dependent claim 30 recites instructions for modifying the standard company logo with at
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
Initially, claim 30 depends from claim 26. Claim 30 is, therefore, patentable over Wolff,
Yahoo, and what was allegedly "well known at the time of the applicant's invention," whether
taken alone or in any reasonable combination, for at least the reasons given with regard to claim
26.
Further, Wolff, Yahoo, and what was allegedly "well known at the time of the applicant's
invention," whether taken alone or in any reasonable combination, do not disclose or suggest the
The Examiner took official notice that "the use of video or audio data to be displayed to a
user on a web page was old and well known in the art." Office Action, paragraph 37. The
Examiner's official notice fails to establish a prima facie case of obviousness with regard to
claim 30 because the official notice does not establish that it was "old and well known in the art"
to modify a standard company logo with at least one of video or audio data, as required by claim
30.
For at least these reasons, it is respectfully submitted that claim 30 is patentable over
Wolff and Yahoo, whether taken alone or in any reasonable combination, under 35 U.S.c. § 103.
VIII. CONCLUSION
In view of the foregoing arguments, Appellant respectfully solicits the Honorable Board
To the extent necessary, a petition for an extension of time under 37 C.F.R. § 1.136 is
- 28 -
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
Respectfully submitted,
IPaul A. Harrityl
Paul A. Harrity
Reg. No. 39,574
Date: July 9, 2007
11350 Random Hills Road
Suite 600
Fairfax, Virginia 22030
(571) 432-0800
- 29-
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
modifying a standard company logo for a special event to create a special event logo;
associating one or more search terms with the special event logo, the one or more search
invoking a search relating to the special event based on the one or more search terms in
19. The method of claim 18, wherein the modifying a standard company logo
includes:
creating the special event logo by modifying the standard company logo with one or
20. The method of claim 18, wherein the modifying a standard company logo
includes:
creating the special event logo by modifying the standard company logo with at least one
21. The method of claim 18, wherein the special event includes a holiday.
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
associating one or more search terms relating to the special event; and
23. The method of claim 18, wherein the uploading the special event logo includes:
displaying the special event logo on the web page during the special event.
24. The method of claim 18, wherein the invoking a search includes:
using the search query to search at least one of a network, an index, or a directory, and
25. The method of claim 18, wherein the modifying a standard company logo
includes:
modifying the standard company logo with special event information to create the special
event logo.
- 31 -
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
instructions for creating a special event logo by modifying a standard company logo for a
special event;
instructions for associating a link or search results with the special event logo, the link
identifying a document relating to the special event, the search results relating to the special
event;
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
instructions for providing the document relating to the special event or the search results
modify the standard company logo with special event information corresponding
replace the standard company logo with the special event logo during the special
event.
- 32 -
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
modifying the standard company logo with at least one of image, video, or audio data
associating one or more search terms relating to the special event with the special event
logo;
invoking a search relating to the special event based on the one or more search terms in
29. The computer-readable medium of claim 26, wherein the instructions for creating
instructions for modifying the standard company logo with one or more animated images.
30. The computer-readable medium of claim 26, wherein the instructions for creating
instructions for modifying the standard company logo with at least one of video or audio
data.
31. The computer-readable medium of claim 26, wherein the instructions for creating
instructions for modifying the standard company logo with information associated with a
holiday.
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APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
32. The server of claim 27, wherein the processor is further configured to:
associate one or more search terms relating to the special event with the special event
logo.
33. The server of claim 32, wherein the processor is further configured to:
34. The method of claim 18, wherein uploading the special event logo includes:
replacing the standard company logo with the special event logo on the web page.
35. The computer-readable medium of claim 26, wherein the instructions for
instructions for replacing the standard company logo with the special event logo on the
web page.
replacing the standard company logo with the special event logo.
- 34 -
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
presenting a special event logo on a web page, the special event logo being associated
with a standard company logo that has been modified or replaced for a special event;
invoking a search for web pages relating to the special event in response to the received
selection; and
38. The method of claim 37, wherein one or more search terms are associated with
39. The method of claim 37, wherein the presenting a special event logo includes:
displaying the special event logo on the web page during the special event.
- 35 -
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
X. EVIDENCE APPENDIX
None
- 36 -
APPEAL BRIEF PATENT
Serial No. 09/843,923
Docket No. 0026-0002
None
- 37 -
Electronic Patent Application Fee Transmittal
Application Number: 09843923
Title of Invention: Systems and methods for enticing users to access a web site
Sub-Total in
Description Fee Code Quantity Amount
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This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt
similar to a Post Card, as described in MPEP 503.
In re Patent Application of )
)
Sergey Brin ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEBSITE )
NOTICE OF APPEAL
Sir:
All rejected claims in the decision of the Primary Examiner dated Februarv 7, 2007 are hereby appealed to
the Board of Patent Appeals and Interferences.
D The Appeal fee was previously paid on _.
Therefore, no Appeal fee is now required.
Enclosed is the Appeal fee of D $250.00 D $500.00
Please charge the Appeal fee of D $250.00 [8J $500.00 to Credit Card.
The Commissioner is hereby authorized to charge any other appropriate fees that may be required by this
paper that are not accounted for above, and to credit any overpayment, to Deposit Account No. 50-1070.
Respectfully submitted,
In re Patent Application of )
)
Sergey Brin ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS )
A WEB SITE )
Sir:
The following extension of time is requested to the Office Action dated February 7,2007:
D $ 60.00 ~ $ 120.00
The Commissioner is hereby authorized to charge any other appropriate fees that may be
required by this paper that are not accounted for above, and to credit any overpayment, to
Deposit Account No. 50-1070.
Respectfully submitted,
Title of Invention: Systems and methods for enticing users to access a web site
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Title of Invention: Systems and methods for enticing users to access a web site
Payment information:
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This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt
similar to a Post Card, as described in MPEP 503.
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
Please find below and/or attached an Office communication concerning this application or proceeding.
If NO period for reply is specified above, the' maximum statutory period will apply and will expire 6 MONTHS
from the mailing date of this communication.
Status
1)121 Responsive to communication(s) filed on 22 November 2006.
2a)0· This action is FINAL. 2b)12I This action is non-final.
3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11,453 O.G. 213.
Disposition of Claims
4)121 Claim(s) 18-41 is/are pending in the application.
4a) Of the above claim(s) _ _ is/are withdrawn from consideration.
5)0 Claim(s) _ _ is/are allowed.
6)121 Claim(s) 18-41 is/are rejected.
7)0 Claim(s) _ _ is/are objected to.
8)0 Claim(s) _ _ are subject to restriction and/or election requirement.
Application Papers
9)0 The specification is objected to by the Examiner,
10)0 The drawing(s) filed on _ _ is/are: a)O accepted or b)O objected to by the Examiner,
Applicant may not request that any objection to the drawing(s)be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Attachment(s)
1) 121 Notice of References Cited (PTO-892) 4) 0 Interview Summary (PT0-413)
2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. _ _ .
3) 0 Information Disclosure Statement(s) (PTO/SB/08) 5) 0 Notice of Informal Patent Application
Paper No(s)/Mail Date _ _. 6) 0 Other: _ _'
DETAILED ACTION
ground(s) of rejection have been set forth and therefore this rejection is NON-FINAL.
Response to Arguments
3. Applicant's arguments filed 22 November 2006 have been fully considered but
Claim 18
4. Applicant argues that neither Wolff nor Yahoo taken alone or in any reasonable
Wolff and Yahoo do not disclose or suggest associating one or more search terms with
the special event logo, the one or more search terms relating to the special event. The
examiner respectfully disagrees in view of the reasons set forth in the rejection below
on page 10 of the REMARKS that "nowhere does Wolff disclose or suggest a special
event logo (created by modifying a standard company logo for a special event) and,
therefore, cannot disclose or suggest associated one or more search terms with the
special event logo, the one or more search terms relating to the special event, as
best understood in the broadest sense that the "standard company logo" and the
"special event logo" in the field of the invention are images that are displayed on a web
page that are viewable by a user using a web browser program. The image can have a
r ! ..
search term associated with it and the image can be "c1ickable" wherein when a user
"clicks" on the image a search is invoked utilizing the search term. In view of the
rejection, Wolff is relied upon for teaching this in the art wherein Wolff teaches the
displaying of an image to a user (fig. 2, part 102, banner icon), the association of a
search term associated with the icon and based on what the icon represents through
imaging (col. 8, II. 43-46, unique indicia) and the invocation of a search related to the
search term (col. 8, line 65 - col. 9, line 7, invoking a search based on a selection of the
icon by a user utilizing the unique indicia). Wolff is not relied upon for teaching in the art
the image being a company logo that is altered to become a special event logo. The
image being a company logo is deemed an obvious variation in the art. It is deemed
well known in the art that company logos can be displayed as images on web pages (for
example, Yahoo!). It is also deemed well known in the art that a company would want
to alter their own logo to commemorate a special event (for example, Yahoo! altering
their logo to commemorate the Christmas holiday season on December 23, 1996).
Applicant argued further on page 11 of REMARKS that Yahoo! does not disclose or
remotely suggest "associating one or more search terms with the special event logo
where the one or more search terms relate to the special ev~nt. Examiner did not· rely
on Yahoo! for teaching this aspect of applicant's invention. Yahoo! is merely relied
upon for teaching the display of a special event company logo being displayed on a web
page and viewable by a user using a web browser program. Wolff is relied upon for the
use of a search term that is associated with an image that can be displayed on a web
page as outline above. It would have been obvious to one of ordinary skill in the art in
Application/Control Number: 09/843,923 Page 4
Art Unit: 2142
view of the combination that the search term would always relate to what is being
displayed by the image to the user because it would not make reasonable sense to one
of ordinary skill for the search term to be totally unrelated to what the image represents
and therefore the obvious variant of imaging use wherein the image could be a special
event company logo as taught by Yahoo! the search term associated with the special
event company logo would be related to the topic of what the special event company
logo image is portraying to a user through graphical means. Examiner maintains that
one of ordinary skill would have been motivated to combine the teachings of Wolff,
particularly the ability to display images to users that are clickable, and Yahoo!,
particularly teaching the use of altered images which may commemorate a special
event because the use of different types of images is deemed an obvious variation. In
view of Wolff the use of different images is clearly taught as a motivation in the prior art
wherein one of ordinary skill in the art may find it useful to use different image types for
seasonal use (col. 2, II. 27-28). For at least these reasons, claim 18 as written is not
Claim 20
5. Applicant's arguments with respect to claim 20 have been consi.dered but are
Claim 26
6. Applicant argues with respect to claim 26 that Wolff and Yahoo! do not disclose
or suggest "instructions for associating a link or search results with a special event logo
created by modifying a standard company logo for a special event, the link identifying a
Application/Control Numbet: 09/843,923 Page 5
Art Unit: 2142
document relating to the special event, and the search results relating to the special
event." The examiner respectfully disagrees. Based on what is reql:Jired by the claim,
only "a link" or "search results" in the prior art would meet the scope of the claim. Wolff
teaches the association of a search term associated with the icon and based on what
the icon represents through imaging (col. 8, II. 43-46, unique indicia) and the invocation
of a search related to the search term (col. 8, line 65 - col. 9, line 7, invoking a search
based on a selection of the icon by a user utilizing the unique indicia) and returning the
results to the requesting user (Wolff, column 9, lines 9-13). It would have been obvious
to one of ordinary skill in the art in view of the combination that the search term would
always relate to what is being displayed by the image to the user because it would not
make reasonable sense to one of ordinary skill for the search term to be totally
unrelated to what the image represents and therefore the obvious variant of imaging
use wherein the image could be a special event company logo as taught by Yahoo! the
search term associated with the special event company logo would be related to the
topic of what the special event company logo image is portraying to a user through
graphical means. For at least these reasons, claim 26 as written is not deemed
Claim 27
7. With respect to claim 27, applicant argues that claim 27 is patentable over Wolff
and Yahoo!, for similar reasons with regard to claim 18. Further, applicant argues that
home page for a web page on a network or identify a standard company logo on the
Application/Control Number: 09/843,923 Page 6
Art Unit: 2142
home page. Examiner respectfully disagrees with the applicant in view of what is taught
by Wolff and Yahoo!. Wolff teaches the use of computer processors for example in
figure 1, item 14 and Yahoo! teaches the inherent use of a computer processor by way
of having an image uploaded to a web site wherein the uploading of an image would not
be possible in any way without the use of a computer processor. Yahoo! clearly
teaches the uploading of an image to a web page in this case the uploading has been
done to the home page as indicated (www.yahoo.com) and the altered image is actually
being displayed where the standard company logo is customarily presented. By way of
actually uploading the image to the home page by Yahoo! then it is taught by Yahoo!
Claim 28
8. With respect to claim 28, applicant argues that claim 28 is patentable over Wolff
and Yahoo!, whether taken alone or in any reasonable combination, for at least reasons
similar to reasons given with regard to claim 18. Examiner respectfully disagrees for the
Claim 37
9. With respect to claim 37, applicant argues that claim 37 is patentable over Wolff
-and Yahoo!, for similar reasons given with regard to claim 18. Examiner respectfully
disagrees for the same reasons set forth above with respect to claim 18. Applicant
arguE;!s further that Wolff and Yahoo! do not disclose or suggest invoking a search for
web pages relating to the special event in response to a received selection of a special
Application/Control Number: 09/843,923 Page 7
Art Unit: 2142
event logo. Examiner respectfully disagrees. It would have been obvious to one of
ordinary skill in the art in view of the combination that the search term would always
relate to what is being displayed by the image to the user because it would not make
reasonable sense to one of ordinary skill for the search term to be totally unrelated to
what the image represents and therefore the obvious variant of imaging use wherein the
image could be a special event company logo as taught by Yahoo! the search term
associated with the special event company logo would be related to the topic of what
the special event company logo image is portraying to a user through graphical means.
Wolff teaches in column 9, lines 3-13 the searching of on-line producUservice databases
and returning the results to the user. It is deemed that the online content being sought
after by Wolff falls within the scope of the web pages being claimed and therefore the
search and retrieval system taught by Wolff meets the scope of the claim. Therefore
10. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
(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.
11. Claims 18, 19, 21-28, 29, 31-41 are rejected under 35 U.S.C. 103(a) as being
http://www.archive.org!web/19961223150621 /http://www8.yahoo.coml).
Application/Control Number: 09/843,923 Page 8
Art Unit: 2142
12. Regarding claim 18, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A .keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be modified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
images for seasonal and one time use (column 2, II. 27-28). It would have been obvious.
to one of ordinary skill in the art to enable the teachings of Wolff wherein the ability to
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page. Further, it would have been obvious to associate
the "search term" to relate to the graphical icon image as taught by Wolff because the
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image and when a use interacts (clicks) on
Application/Control Number: 09/843,923 Page 9
Art Unit: 2142
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. One or ordinary skill in the art at the time of the applicant's invention would have
found it obvious to combine the teachings of Yahoo! with what is taught by Wolff as
outlined above. One of ordinary skill in the art would have been motivated to make such
a combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user-that are deemed clickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is clearly taught as a motivation in the prior art
wherein one of ordinary skill in the art may find it useful to use different image types for
. 13. Regarding claim 19, Wolff and Yahoo! teach the method wherein the modifying a
standard company logo includes creating the special event logo by modifying the
14. Regarding claims 21, Wolff and Yahoo! teach the method wherein the special
15. Regarding claim 22', Wolff and Yahoo! teach the processor further configured to:
associating one or more search terms relating to the special event with the
special event logo (Wolff, col. 8, II. 42-46, it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way.); and
performing the search based on the one·or more search terms (Wolff, col. 8, II.
43-47).
16.
17. Regarding claim 23, Wolff and Yahoo! teach the method wherein the uploading
the special event includes displaying the special event logo on the web page during the
special event (Yahoo! displayed the altered logo during the holiday season.).
18. Regarding claim 24, Wolff and Yahoo! teach the method wherein the invoking a
search includes:
generating a search query using the one or more search terms (Wolff, col. 9, II.
3-13);
obtaining search results based on the search (Wolff, col. 9, II. 9-13).
19. Regarding claim 25, Wolff and Yahoo! teach the method wherein the modifying a
http://www.yahoo.com);
identifying the standard company logo on the home page (Yahoo!, standard
modifying the standard company logo with special event information to create the
special event logo (Yahoo!, the addition of the reindeer to the standard logo creates a
modified logo).
20. Regarding claim 26, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for oisplay to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). The search results are then returned to the user in the form of a web page,
(col. 9, II. 9-13). Wolff does not explicitly teach that the graphical icon image is a
standard company logo that can be modified to become a special event logo. However,
different icon images can be displayed to a use~ on a web page and therefore it is
Application/Control Number: 09/843,923 Page 12
Art Unit: 2142
demonstrates this functionality wherein Yahoo! has altered their own company logo to
celebrate the Christmas season. Wolff teaches that is known in the prior art to use
different types of images for seasonal and one time use (column 2, II. 27-28). It would
have been obvious to one of ordinary skill in the art to enable the teachings of Wolff
wherein the ability to display c1ickable images to a user on a web page in combination
with the functionalities of Yahoo! wherein it is taught that one of ordinary skill can alter
an image and upload it for display to a user on a web page. Further, it would have been
obvious to associate the "search term" to relate to the graphical icon image as taught by-
Wolff because the keyword associated with the icon image is supposed to directly
identify the product or service being represented by use of the icon image and when a
use interacts (clicks) on the icon image (see Wolff, col. 8, II. 43-49), it is deemed
obvious that search results should be directly related to whatever the icon represents
instead of erroneous data. One of ordinary skill would not find it desirable to provide
search results that are totally unrelated to what is being displayed by the icon image. '
Therefore, in view of Yahoo!, if an image is altered in some sort of way, the keyword
associated with the image should be changed accordingly so that the keyword
corresponds to the image in some sort of way. One or ordinary skill in the art at the time
of the applicant's invention would have found it obvious to combine the teachings of
Yahoo! with what is taught by Wolff as outlined above. One of ordinary skill in the art
,
would have been motivated to make such a combination due t6 being from the same
field of endeavor (client-server network systems) and for the reasons stated above,
Application/Control Number: 09/843,923 Page 13
Art Unit: 2142
particularly teaching the use of displaying images to user that are deemed clickable by
Wolff and Yahoo! for teaching the use of altered images which.may commemorate a
special event and the use of different images to be displayed to a user is deemed an
obvious variation in the art. In view of Wolff, the use of different images is clearly taught
as a motivation in the prior art wherein one of ordinary skill in the art may find it useful to
use different image types for seasonal use (col. 2, II. 27-28).
21. Regarding claim 27, Wolff teaches a method for enticing users to access a web.
page comprising the use of a graphical icon image (i .e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be modified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
images for seasonal and one time use (column 2, II. 27-28). It would have been obvious
to one of ordinary skill in the art to enable the teachings of Wolff wherein the ability to
Application/Control Number: 09/843,923 Page 14
Art Unit: 2142
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page. Further, it would have been obvious to associate
the "search term" -to relate to the graphical icon image as taught by Wolff because the
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image and when a use interacts (clicks) on
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally.
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. Yahoo! clearly teaches the uploading of an image to a web page in this case the
uploading has been done to the home page as indicated (www.yahoo.com) and the
altered image is actually being displayed where the standard company logo is
customarily presented. By way of actually uploading the image to the home page by
Yahoo! then it is taught by Yahoo! the functionality of home page determination. One or
ordinary skill in the art at the time of the applicant's invention would have found it
obvious to combine the teachings of Yahoo! with what is taught by Wolff as outlined
above. One of ordinary skill in the art would have been motivated to make such a
combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
Application/Control Number: 09/843,923 Page 15
Art Unit: 2142
images to user that are deemed clickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is clearly taught as a motivation in the prior art
wherein one of ordinary skill in the art may find it useful to use different image types for
22. Regarding claim 28, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be lTiodified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
images for seasonal and one time use (column 2, I/. 27-28). It would have been obvious
to one of ordinary skill in the art to enable the teachings of Wolff wherein the ability to
Application/Control Number: 09/843,923 Page 16
Art Unit: 2142
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page. Further, it would have been obvious to associate
the "search term" to relate to the graphical icon image as taught by Wolff because the
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image anq when a use interacts (clicks) on
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way,· the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. One or ordinary skill in the a.rt at the time of the applicant's invention would have
found it obvious to combine the teachings of Yahoo! with what is taught by Wolff as
outlined above. One of ordinary skill in the art would have been motivated to make such
a combination due to being from the same field of endeavor (client-server network
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user that are deemed c1ickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is clearly taught as a motivation in the prior art
Application/Control Number: 09/843,923 Page 17
Art Unit: 2142
wherein one of ordinary skill in the art may find it useful to use different image types for
23. Regarding claim 29, Wolff and Yahoo! teach the method wherein the modifying a
standard company logo includes creating the special event logo by modifying the
24. Regarding claim 31, Wolff and Yahoo! teach the medium includes instructions for
modifying the standard company logo with information associated with a holiday
(Yahoo!).
25. Regarding claim 32, WOlf! and Yahoo! teach the processor further configured to:
associate one or more search terms relating to the special event with the special
event logo (Wolff, col. 8, II. 42-46, it is deemed obvious that search results should be
directly related to whatever the icon represents instead of erroneous data. One of
ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way.).
26. Regarding claim 33, Wolff and Yahoo! teach wherein the processor is further
configured to:
detect a selection associated with the special event logo (Wolff, col. 9, II. 3-13);
generate a search query based on the one or more search terms (Wolff, col. 9, II.
3-13);
Application/Control Number: 09/843,923 Page 18
Art Unit: 2142
perform a search based on the search query (Wolff, col. 9, II. 3-13); and
27. Regarding claim 34, Wolff and Yahoo! teach the method wherein uploading the
special event logo includes replacing the standard company logo with the special event
28. Regarding claim 35, Wolff and Yahoo! teach the medium wherein the instructions
instructions for replacing the standard company logo with the special event logo
29. Regarding claim 36, Wolff and Yahoo! teach the method further comprising:
replacing the standard company logo with the" special event logo (Yahoo!, page is
from 12/23/1996).
30. Regarding claim 37, Wolff teaches a method for enticing users to access a web
page comprising the use of a graphical icon image (i.e. an advertisement banner)
wherein the icon image is uploaded for display to a user on a web page. A keyword
(search term) (indicia) is associated with the icon image wherein when the user selects
the icon image a search is invoked to search an online database and then the search
results are presented to the user on a web page (see Wolff, column 8, line 56 - column
9, line 15). Wolff does not explicitly teach that the graphical icon image is a standard
company logo that can be modified to become a special event logo. However, in related
special event (see Yahoo!). Wolff provides an environment wherein different icon
Application/Control Number: 09/843,923 Page 19
Art Unit: 2142
functionality wherein Yahoo! has altered their own company logo to celebrate the
Christmas season. Wolff teaches that is known in the prior art to use different types of
images for seasonal and one time use (column 2, II. 27-28). It would have been obvious
to one of ordinary skill in the art to enable the'teachings of Wolff wherein the ability to
display c1ickable images to a user on a web page in combination with the functionalities
of Yahoo! wherein it is taught that one of ordinary skill can alter an image and upload it
for display to a user on a web page. Further, it would have been obvious to associate
the "search term" to relate to the graphical icon image as taught by Wolff because the
keyword associated with the icon image is supposed to directly identify the product or
service being represented by use of the icon image and when a use interacts (clicks) on
the icon image (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
One of ordinary skill would not find it desirable to provide search results that are totally
unrelated to what is being displayed by the icon image. Therefore, in view of Yahoo!, if
an image is altered in some sort of way, the keyword associated with the image should
be changed accordingly so that the keyword corresponds to the image in some sort of
way. One or ordinary skill in the art at the time of the applicant's invention would have
found it obvious to combine the teachings of Yahoo! with what is taught by Wolff as
outlined above. One of ordinary skill in the art would have been motivated to make such
a combination due to being from the same field of endeavor (client-server network
Application/Control Number: 09/843,923 Page 20
Art Unit: 2142
systems) and for the reasons stated above, particularly teaching the use of displaying
images to user that are deemed clickable by Wolff and Yahoo! for teaching the use of
altered images which may commemorate a special event and the use of different
Wolff, the use of different images is clearly taught as a motivation in the prior art
wherein one of ordinary skill in the art may find it useful to use different image types for
31. Regarding claim 38, Wolff and Yahoo! teach the method wherein one or more
search terms are associated with the special event logo (Wolff, col. 8, II. 42-46, it is
deemed obvious tha~ search results should be directly related to whatever the icon
represents instead of erroneous data. One of ordinary skill would not find it desirable to
provide search results that are totally unrelated to what is being displayed by the icon
keyword associated with the image should be changed accordingly so that the keyword
causing a search -to be performed based on the one or more search terms (Wolff,
col. 9, 11.3-13).
32. Regarding claim 39, Wolff and Yahoo! teach the method wherein the presenting
displaying the special event logo on the web page during the special event
33. Regarding claim 40, Wolff and Yahoo! teach the method wherein invoking a
search includes:
34. Regarding claim 41, Wolff and Yahoo! teach the method wherein invoking a
search includes:
invoking a search for web pages relating to the special event (Wolff, col. 9, II. 3-7,
35. Claims 20 and 30 are rejected under 35 U.S.C. 103(a) as being unpatentable
over Wolff, Yahoo! and what was well known at the time of the applicant's invention.
36. Regarding claim 20, official notice is taken that the use of video or audio data to
be displayed to a user on a web page was old and well known in the art. It would have
been obvious to one of ordinary skill in the art at the time of the applicant's invention to
include video or audio data in the special event logo because one of ordinary skill would
have recognized the advancement of using different types of media to catch the interest
37. Regarding claim 30, official notice is taken that the use of video or audio data to
be displayed to a user on a web page was old and well known in the art. It would have
been obvious to one of ordinary skill in the art at the time of the applicant's invention to
include video or audio data in the special event logo because one of ordinary skill would
have recognized the advancement of using different types of media to catch the interest
Conclusion
38. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Miloslavsky et al. (US 6,879,586 B2) teach internet' protocol call-in centers and
examiner should be directed to Benjamin A. Ailes whose telephone number is (571 )272- .
3899. The examiner can normally be reached on M-F 6:30-4, IFP Work Schedule.
supervisor, Andrew Caldwell can be reached on (571 )272-3868. The fax phone number
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
baa
Application/Control No. Applicant(s)/Patent Under
Reexamination
09/843,923 BRIN, SERGEY
Notice of References Cited
Examiner Art Unit
Page 1 of 1
Benjamin A. Ailes 2142
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D US-
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F US-
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M US-
0
P
S
T
NON·PATENT DOCUMENTS
* Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
.A copy of this reference IS not being furnished with this Office acllon. (See MPEP § 707.05(a).)
Dales in MM-YVYV format are pUblication dates. Classifications may be US or foreign.
u.s. Patent and Tmdemark Office
PTO-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 20070202
Application/Control No. Applicant(s)/Patent under
Search Notes Reexamination
09/843,923 BRIN, SERGEY
Beniamin A. Ailes
Art Unit
2142
SEARCH NOTES
SEARCHED
(INCLUDING SEARCH STRATEGY)
INTERFERENCE SEARCHED
(Through numeral)
...f Rejected - Cancelled N
Non-Elected A Appeal
- 41
4;'!
43
44
91
92
93
94
141
142
143
144
45 95 145
46 96 146
47 97 147
48 98 148
49 99 149
50 100 150
In re Patent Application of )
)
Sergey Brin ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEB SITE )
AMENDMENT
In response to the non-final Office Action, dated August 23,2006, please amend the
This listing of claims will replace all prior versions, and listings, of claims in the application:
Listing of Claims:
1-17. (canceled)
18. (previously presented) A method for enticing users to access a web page,
compnsmg:
modifying a standard company logo for a special event to create a special event logo;
associating one or more search terms with the special event logo, the one or more search
invoking a search relating to the special event based on the one or more search terms in
19. (original) The method of claim 18, wherein the modifying a standard company
logo includes:
creating the special event logo by modifying the standard company logo with one or
20. (previously presented) The method of claim 18, wherein the modifying a
2
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
creating the special event logo by modifying the standard company logo with at least one
21. (original) The method of claim 18, wherein the special event includes a holiday.
associating one or more search terms relating to the special event; and
23. (original) The method of claim 18, wherein the uploading the special event logo
includes:
displaying the special event logo on the web page during the special event.
24. (previously presented) The method of claim 18, wherein the invoking a search
includes:
using the search query to search at least one of a network, an index, or a directory, and
25. (original) The method of claim 18, wherein the modifying a standard company
logo includes:
3
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
modifying the standard company logo with special event information to create the special
event logo.
executable by one or more processors to perform a method for attracting users to a web page,
compnsmg:
instructions for creating a special event logo by modifying a standard company logo for a
special event;
instructions for associating at least one of a link or search results with the special event
logo, the link identifying a document relating to the special event, [[or]] the search results
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
instructions for providing the [[link]] document relating to the special event or the search
results associated "'lith relating to the special event [[logo]] based on the user selection.
4
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
modify the standard company logo with special event information corresponding
replace the standard company logo with the special event logo during the special
event.
modifying the standard company logo with at least one of image, video, or audio data
associating one or more search terms relating to the special event with the special event
logo;
invoking a search relating to the special event based on the one or more search terms in
29. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with one or more animated images.
30. (previously presented) The computer-readable medium of claim 26, wherein the
5
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
instructions for modifying the standard company logo with at least one of video or audio
data.
31. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with information associated with a
holiday.
32. (previously presented) The server of claim 27, wherein the processor is further
configured to:
associate one or more search terms relating to the special event with the special event
logo.
33. (previously presented) The server of claim 32, wherein the processor is further
configured to:
34. (previously presented) The method of claim 18, wherein uploading the special
6
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
replacing the standard company logo with the special event logo on the web page.
35. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for replacing the standard company logo with the special event logo on the
web page.
replacing the standard company logo with the special event logo.
presenting a special event logo on a web page, the special event logo being associated
with a standard company logo that has been modified or replaced for a special event;
invoking a search for web pages relating to the special event in response to the received
selection; and
38. (previously presented) The method of claim 37, wherein one or more search
7
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
39. (previously presented) The method of claim 37, wherein the presenting a special
displaying the special event logo on the web page during the special event.
40. (new) The method of claim 18, wherein invoking a search includes:
41. (new) The method of claim 28, wherein invoking a search includes:
8
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
REMARKS
In the non-final Office Action, the Examiner rejected claims 18-39 under 35 U.S.c. §
103(a) as unpatentable over Wolff (D.S. Patent No. 6,247,047) in view of Yahoo
By this Amendment, Applicant amends claims 26 and 37 to improve form and adds new
claims 40 and 41. Applicant respectfully traverses the Examiner's rejection under 35 U.S.c. §
In paragraphs 5-15 of the Office Action, the Examiner rejected claims 18-39 as allegedly
unpatentable over Wolff in view of Yahoo. Applicant respectfully traverses the rejection.
Independent claim 18, for example, is directed to a method for enticing users to access a
web page. The method comprises modifying a standard company logo for a special event to
create a special event logo; associating one or more search terms with the special event logo, the
one or more search terms relating to the special event; uploading the special event logo to the
web page; receiving a user selection of the special event logo; and invoking a search relating to
the special event based on the one or more search terms in response to the user selection.
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 18. For example, Wolff and
Yahoo do not disclose or suggest associating one or more search terms with the special event
logo, the one or more search terms relating to the special event.
The Examiner alleged that Wolff discloses this feature and cited column 8, line 56 -
column 9, line 15, of Wolff for support (Office Action, paragraph 6). Applicant respectfully
disagrees.
9
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
At step 202, a user uninterested in the advertised product or service may continue
browsing without selecting banner 102. However, if the user wants to make a transaction
or wants more information about the advertised product or service, the user selects banner
102 using an input device such as mouse 22 by clicking in geographic area 104. In
response, at step 204, user node 14 makes an TCP/IP request using the URL
(..www.bannerbuy.com..) embedded within banner 102 to contact host server 12 over
Internet 16.
In this section, Wolff discloses that if a user wants more information about the advertised
product or service, the user selects banner 102, which causes host server 12 to perform a search
based on unique indicia embedded within the banner to identify a record containing information
specific to the advertised product or service. In other words, Wolff discloses a banner relating to
an advertised product or service and in response to a user selecting the banner, presenting the
user with information relating to the advertised product or service. Nowhere does Wolff disclose
or suggest a special event logo (created by modifying a standard company logo for a special
event) and, therefore, cannot disclose or suggest associating one or more search terms with the
special event logo, the one or more search terms relating to the special event, as required by
claim 18.
The Examiner admitted that Wolff does not disclose a special event logo that is created
by modifying a standard company logo for a special event (Office Action, paragraph 6). The
10
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Examiner alleged, however, that Wolff discloses the use of a graphical icon, as an advertisement
banner, that can be quickly set up for seasonal and one-time use and cited column 2, lines 27-28,
of Wolff for support (Office Action, paragraph 6). Applicant respectfully submits that the
At column 2, lines 27-28, Wolff discloses "Also, the banner can be quickly set up for
seasonal or one-time use." In this section, Wolff is describing a feature of a prior art technique
for providing a static graphical banner that includes an image relating to the product or service
being advertised (col. 2, lines 14-35). The Examiner provided no motivation for combining this
prior art disclosure with the system of Wolff that the Examiner relied upon for allegedly
disclosing other features of Applicant's claims. Therefore, the Examiner has not established a
The Examiner relied upon Yahoo for allegedly disclosing a special event logo that is
created by modifying a standard company logo for a special event (Office Action, paragraph 6).
Yahoo does not disclose or remotely suggest, however, associating one or more search terms
with the special event logo, where the one or more search terms relate to the special event, as
(Office Action, paragraph 6). Applicant respectfully submits that the Examiner's allegation lacks
merit. First, as explained above, Wolff disclosed that a banner can be set up for seasonal or one-
time use in connection with a prior art static graphical banner, not the banner disclosed by Wolff
11
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
and relied upon by the Examiner. Further, Applicant submits that the only motivation to replace
the banner of Wolff with the Yahoo logo is found in Applicant's own disclosure, which, of
An important concept that should be noted is that in order to reach a proper determination
under 35 U.S.c. § 103, the Examiner must step backward in time and into the shoes of a
hypothetical "person of ordinary skill in the art" at a time when Applicant's invention was
unknown and just before it was made. With this concept in mind, it appears that the Examiner
believes that it is conceivable that, having the Wolff document which is drawn to a system for
facilitating computer network transactions via an advertising banner, one skilled in the art at the
time Applicant's invention was made, having no knowledge of Applicant's invention, would have
replaced the advertising banner in the Wolff document with the Yahoo logo from the Yahoo
document to come up with Applicant's claimed invention. Irrespective of the fact that these
documents are non-analogous (i.e., a system for facilitating computer network transactions and
the home page of a search engine), Applicant finds the Examiner's combination of documents
highly improbable.
it would have been obvious to associate the "search term" to relate the graphical icon as
taught by Wolff because the keyword associated with the icon is supposed to directly
identify the product or service being represented by use of the icon and when a use
interacts (clicks) on the icon (see Wolff, col. 8, 11. 43-49), it is deemed obvious that
search results should be directly related to whatever the icon represents instead of
erroneous data. Therefore, in view of Yahoo, if a logo is altered in some sort of way, the
keyword associated with the logo should be altered accordingly.
(Office Action, paragraph 6). Applicant respectfully submits that the Examiner's conclusion is
based solely on Applicant's own disclosure, which, of course, cannot be relied upon for
establishing a prima facie case. The Examiner has provided no objective motivation for
12
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
associating one or more search terms relating to a special event with the Yahoo Christmas logo.
One of ordinary skill in the art would have been motivated to make such a combination
due to being from the same field of endeavor (client-server network systems) and for the
reasons stated above, specifically the advantages of providing a banner which is attractive
to a user which would cause a user to want to click on the banner and the ability to
provide a banner which can be used one-time or seasonal.
(Office Action, paragraph 6). The Examiner's motivation of "providing a banner which is
attractive to a user which would cause a user to want to click on the banner" falls short of
establishing an objective reason why one of ordinary skill in the art at the time of Applicant's
invention would have been motivated to replace the banner in Wolff with the Yahoo Christmas
logo, or to associate one or more search terms relating to a special event with a special event
Because Wolff and Yahoo do not disclose or suggest associating one or more search
terms with the special event logo, the one or more search terms relating to the special event,
Wolff and Yahoo cannot disclose or suggest invoking a search relating to the special event based
on the one or more search terms in response to a user selection, as further recited in claim 18.
For at least these reasons, Applicant submits that claim 18 is patentable over Wolff and
Yahoo, whether taken alone or in any reasonable combination. Claims 19-21,23-25, and 34
depend from claim 18 and are, therefore, patentable over Wolff and Yahoo for at least the
reasons given with regard to claim 18. Claims 19-21,23-25, and 34 are also patentable over
For example, claim 20 recites creating the special event logo by modifying the standard
company logo with at least one of video or audio data. Neither Wolff nor Yahoo discloses or
13
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
The Examiner alleged that both Wolff and Yahoo disclose the ability to modify a logo
with video and/or audio data and cited column 3, lines 39-43, of Wolff for support (Office
In this section, Wolff discloses that the banner advertising system automatically sends messages
elsewhere, does Wolff disclose or suggest creating the special event logo by modifying the
standard company logo with at least one of video or audio data, as required by claim 20.
Yahoo discloses a Yahoo Christmas logo. Nowhere does Yahoo disclose or remotely
suggest that the Yahoo Christmas logo includes video and/or audio data, as required by claim 20.
For at least these additional reasons, Applicant submits that claim 20 is patentable over
executable by one or more processors to perform a method for attracting users to a web page.
The computer-readable medium comprises instructions for creating a special event logo by
modifying a standard company logo for a special event; instructions for associating a link or
search results with the special event logo, the link identifying a document relating to the special
event, the search results relating to the special event; instructions for uploading the special event
logo to the web page; instructions for receiving a user selection of the special event logo; and
instructions for providing the document relating to the special event or the search results relating
14
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 26. For example, Wolff and
Yahoo do not disclose or suggest instructions for associating a link or search results with a
special event logo created by modifying a standard company logo for a special event, the link
identifying a document relating to the special event, and the search results relating to the special
event.
The Examiner did not specifically address this feature and, therefore, did not establish a
prima facie case of obviousness with regard to claim 26. Applicant respectfully submits that
neither Wolff nor Yahoo discloses or suggests this feature for at least reasons similar to reasons
Because Wolff and Yahoo do not disclose or suggest instructions for associating a link or
search results with a special event logo created by modifying a standard company logo for a
special event, where the link identifies a document relating to the special event, and the search
results relate to the special event, Wolff and Yahoo cannot disclose or suggest instructions for
providing the document relating to the special event or the search results relating to the special
For at least these reasons, Applicant submits that claim 26 is patentable over Wolff and
Yahoo, whether taken alone or in any reasonable combination. Claims 29-31 and 35 depend
from claim 26 and are, therefore, patentable over Wolff and Yahoo for at least the reasons given
15
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
comprises a memory configured to store instructions and a processor configured to execute the
instructions to determine a home page for a web page on the network, identify a standard
company logo on the home page, modify the standard company logo with special event
information corresponding to a special event to create a special event logo, and replace the
standard company logo with the special event logo during the special event.
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 27. For example, Wolff and
Yahoo do not disclose or suggest a processor configured to determine a home page for a web
The Examiner did not address these features of claim 27 and, therefore, did not establish
a prima facie case of obviousness with regard to claim 27. Wolff discloses nothing remotely
similar to these features. Yahoo discloses a Yahoo Christmas logo, but does not disclose or
remotely suggest a processor configured to determine a home page for a web page on a network
or identify a standard company logo on the home page, as required by claim 27.
For at least these reasons, Applicant submits that claim 27 is patentable over Wolff and
Yahoo, whether taken alone or in any reasonable combination. Claims 32 and 33 depend from
claim 27 and are, therefore, patentable over Wolff and Yahoo for at least the reasons given with
Independent claim 28 recites features similar to, but possibly different in scope from,
features recited in claim 18. Claim 28 is, therefore, patentable over Wolff and Yahoo, whether
taken alone or in any reasonable combination, for at least reasons similar to reasons given with
regard to claim 18. Claim 36 depends from claim 28. Claim 36 is, therefore, patentable over
16
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Wolff and Yahoo for at least the reasons given with regard to claim 28.
on a web page, the special event logo being associated with a standard company logo that has
been modified or replaced for a special event; receiving selection of the special event logo;
invoking a search for web pages relating to the special event in response to the received
Neither Wolff nor Yahoo, whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 37. For example, Wolff and
Yahoo do not disclose or suggest invoking a search for web pages relating to the special event in
response to a received selection of a special event logo for at least reasons similar to reasons
given with regard to claim 18. Instead, Wolff discloses performing a search of a product/service
database for a record containing information specific to the advertised product or service (col. 9,
lines 3-7). Yahoo merely discloses a standard Internet search that can be performed by entering
text into the search box and clicking on the search button.
For at least these reasons, Applicant submits that claim 37 is patentable over Wolff and
Yahoo, whether taken alone or in any reasonable combination. Claims 22, 38, and 39 depend
from claim 37 and are, therefore, patentable over Wolff and Yahoo for at least the reasons given
New claim 40 depends from claim 18, and new claim 41 depends from claim 28. Claims
40 and 41 are, therefore, patentable over Wolff and Yahoo for at least the reasons given with
In view of the foregoing amendments and remarks, Applicant respectfully requests the
17
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Examiner's reconsideration of the application and the timely allowance of pending claims 18-41.
rejections, Applicant's silence as to certain assertions by the Examiner in the Office Action or
certain requirements that may be applicable to such rejections (e.g., whether a reference
constitutes prior art, motivation to combine references, etc.) is not a concession by Applicant that
such assertions are accurate or that such requirements have been met, and Applicant reserves the
If the Examiner does not believe that all pending claims are now in condition for
allowance, the Examiner is urged to contact the undersigned to expedite prosecution of this
application.
To the extent necessary, a petition for an extension of time under 37 C.F.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
Respectfully submitted,
18
Electronic Acknowledgement Receipt
EFSID: 1331304
Title of Invention: Systems and methods for enticing users to access a web site
Payment information:
Submitted with Payment I no
"---------------
File Listing:
Document Multi Pages
Document Description File Name File Size(Bytes)
Number Part /.zip (if appl.)
Claims 2 8
Warnings:
Information:
Total Files Size (in bytes): 107683
This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt
similar to a Post Card, as described in MPEP 503.
FEE
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APPLICAnON NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMAnON NO.
Please find below and/or attached an Office communication concerning this application or proceeding.
Status
Disposition of Claims
4)~ Claim(s) 18-39 is/are pending in the application.
4a) Of the above claim(s) _ _ is/are withdrawn from consideration.
5)0 Claim(s) _ _ is/are allowed.
6)~ Claim(s) 18-39 is/are rejected.
7)0 Claim(s) _ _ is/are objected to.
8)0 Claim(s) _ _ are subject to restriction and/or election requirement.
Application Papers
9)0 The specification is objected to by the Examiner.
10)0 The drawing(s) filed on _ _ is/are: a)O accepted or b)O objected to by the Examiner.
Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO·152.
Attachment(s)
1) cgJ Notice of References Cited (PTO-892j 4) 0 Interview Summary (PT0-413)
2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. _ _ .
3) 0 Information Disciosure'Statement(s) (PTO-1449 or PTO/SB/08) 5) 0 Notice of Informal Patent Application (PTO-152)
Paper No(s)/Mail Date _ _. 6) 0 Other: _ _.
DETAILED ACTION
2. A request for continued examination under 37 CFR 1.114, including the fee set
forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
application is eligible for continued examination under 37 CFR 1.114, and the fee set
forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 24 April
Response to Arguments
3. Applicant's arguments with respect to the claims have been considered but are
4. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
(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.
5. Claims 18-39 are rejected under 35 U.S.C. 103(a) as being unpatentable over
referred to as Yahoo.
Application/Control Number: 09/843,923 Page 3 .
Art Unit: 2142
6. Regarding claims 1, 22, 26, 28, 32, 33 and 37, Wolff teaches a method for
enticing users to access a web page comprising the use of a graphical icon (i.e. an
keyword (indicia) is associated with the icon wherein when the user selects the icon a
search is invoked to search an online database and then the search results are
pr,esented to the user (see Wolff, column 8, line 56 - column 9, line 15). These
teachings teach upon the claim limitations "associating one or more search terms with a
logo", "uploading the logo to the web page", "receiving a user selection of the logo", and
"invoking a search based on the one ore more search terms in response to the user
s~lection". Wolff does not explicitly recite "modifying a standard company logo for a
special event to create a special event logo". Wolff teaches the use of the graphical
icon being an advertisement banner utilized to attract a computer user and further
suggests that the graphical icon can be quickly set up for seasonal and one-time use
(col. 2, lines 27-28). In related art, Yahoo taught on the claim limitation of modifying a
logo by altering their logo to celebrate the Christmas holiday on December 23, 1996
(see Yahoo main page NPL). Therefore, since it is suggested by Wolff to proVide a
mechanism to easily set up and utilize an icon for seasonal or one-time use, it would
have been obvious to one of ordinary skill in the art to provide a logo as demonstrated
by Yahoo to be a logo which is deemed seasonal because the logo has been altered in
order to celebrate a special event, in this case Christmas. Further, it would have been
obvious to associate the "search term" to relate the graphical icon as taught by Wolff
because the keyword associated with the icon is supposed to directly identify the
Application/Control Number: 09/843,923 Page 4
Art Unit: 2142
product or service being represented by use of the icon and when a use interacts
(clicks) on the icon (see Wolff, col. 8, II. 43-49), it is deemed obvious that search results
should be directly related to whatever the icon represents instead of erroneous data.
Therefore, in view of Yahoo, if a logo is altered in some sort of way, the keyword
associated with the logo should be altered accordingly. One or ordinary skill in the art at
the time of the applicant's invention would have found it obvious to combine the
teachings of Yahoo with what is taught by Wolff. One of ordinary skill in the art would
have been motivated to make such a combination due to being from the same field of
endeavor (client-server network systems) and for the reasons stated above, specifically
the advantages of providing a banner which is attractive to a user which would cause a
user to want to click on the banner and the ability to provide a banner which can be
7. Regarding claims 19 and 29, Wolff and Yahoo teach the method wherein the
m9difying a standard company logo includes creating the special event logo by
modifying the standard company logo with one or more animated images (Yahoo).
8. Regarding claims 20 and 30, Wolff and Yahoo teach the method wherein the
modifying a standard company logo includes creating the special event logo by
modifying the standard company logo with at least one of video or audio data (Yahoo
9. Regarding claims 21 and 31, Wolff and Yahoo teach the method wherein the
10. Regarding claims 23 and 39, Wolff and Yahoo teach the method wherein the
uploading the special event includes displaying the special event logo on the web page
11. Regarding claim 24, Wolff and Yahoo teach the method wherein the invoking a
search includes:
generati,ng a search query using the one or more search terms (Wolff, col. 9, II. 3-
13);
obtaining search results based on the search (Wolff, col. 9, II. 9-13).
12. Regarding claim 25, Wolff and Yahoo teach the method wherein the modifying a
http://wwvo/.yahoo.com);
identifying the standard company logo on the home page (Yahoo, standard
modifying the standard company logo with special event information to create the
special event logo (Yahoo, the addition of the reindeer to the standard logo
13. Regarding claim 27, the claim contains similar subject matter and is rejected
under the same rationale as taught by claim 18 and the additional limitation to
· .
"determine a home page for a web page on the network" is taught by Yahoo,
http://www.yahoo.com.
14. Regarding claims 34,35 and 36, Wolff and Yahoo teach the method wherein
uploading the special event logo includes replacing the standard company logo with the
special event logo on the web page (Yahoo, page is from 12/23/1996).
15. Regarding claim 38, Wolff and Yahoo teach the method wherein one or more
search terms are associated with the special event logo; and wherein the invoking a
search relating to the special event includes: causing a search to be performed based
Conclusion
examiner. should be dir~cted to Benjamin A. Ailes whose telephone number is (571 )272-
3899. The examiner can normally be reached on M-F 6:30-4, IFP Work Schedule.
supervisor, Andrew Caldwell can be reached on (571 )272-3868. The fax phone number
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
baa
.t~~
.'.TRIZ PRIETO
:V EXAMINEP
BEATRlZ PRIETO
r-HMARV E)! M;ilNER
Application/Control No. Applicant(s)/Patent Under
Reexamination
09/843,923 BRIN, SERGEY
Notice of References Cited
Examiner Art Unit
Page 1 of 1
Benjamin A. Ailes 2142
u.s. PATENT DOCUMENTS
Document Number Date
* Country Code-Number-Kind Code MM-YYYY Name Classification
A US-
B US-
C US-
D US-
E US-
F US-
G US-
H US-
I US-
J US-
K US-
L US-
M US-
FOREIGN PATENT DOCUMENTS
Document Number Date
* Country Code·Number-Kind Code MM-YYYY Country Name Classification
0
P
R
S
T
NON·PATENT DOCUMENTS
* Include as applicable: Author, TiUe Date, Publisher, Edition or Volume, Pertinent Pages)
A copy of this reference IS not being furnished With this Office action. (See MPEP § 707.05(a).)
Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
U.s. Patent and rrademar1< Office
PTO-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 20060821
Application/Control No. Applicant(s)/Patent under
Search Notes Reexamination
SEARCH NOTES
2142
SEARCHED
(INCLUDING SEARCH STRATEGY)
Class Subclass Date Examiner DATE EXMR
INTERFERENCE SEARCHED
I I ~I I I IIII II I
09/843,923 BRIN, SERGEY
Examiner Art Unit
(Through numeral)
.J Rejected - Cancelled N Non-Elected A Appeal
8/17/067:53:04 PM Page 1
,
~
Set Items Description
Sl 14590250 HOMEPAGE? OR HOME()PAGE? OR FRONTPAGE? OR FRONT()PAGE? OR -
SITE? OR HTML()FILE? OR INTERNET? OR WORLDWIDEWEB
S2 20216735 WEBSITE? OR WEB()SITE? OR WEBPAGE? OR WEB () PAGE? OR WEB()A-
DDRESS? OR URL?? OR URI?? OR NETWORK? OR WWW
S3 4773104 Sl:S2(50N) (LOGO?? OR STANDARD? (2N) LOGO?? OR BANNER? ? OR S-
YMBOL? ? OR GRAPHIC? OR SIGN? ? OR BRAND? OR ICON OR ICONS OR
IMAGE OR TRADEMARK?)
S4 1576944 S3(50N) (MODIF? OR REVIS??? OR REMODEL? OR ADAPT? OR CHANGE?
? OR CHANGING? OR UPDATING? OR UP()DATE? ? OR CUSTOM?)
S5 822796 S3(50N) (UPDATE? ? OR TRANSFORM? OR ALTER??? OR REFORMAT? OR
REARRANG? OR ADD??? OR DELET??? OR SPECIAL?)
S6 11972 S3(100N) (RE() (CREATE? ? OR CREATING? OR CREATION? OR DECOR-
AT? OR FASHION? OR FURBISH? OR CONSTRUCT? OR CONFIG? OR DO OR
DOING OR DESIGN?»
S7 135752 S4:S6(100N) (INTEREST??? OR COMMEMORAT? OR ANNUAL? OR SPECI-
AL? OR INAUGURA?) (5N) (EVENT? ? OR OCCASION? OR PARTY? OR PART-
IES OR FUNCTION? ? OR ANNlVERSAR? OR HOLIDAY?)
S8 63881 S7(50N) (AFFILIAT? OR ASSOCIAT? OR BOUND? OR CONNECT? OR LI-
NK? OR COOPERAT? OR CORRELAT? OR RELAT?)
S9 40917 S7(50N) (COMBIN? OR CONJUNCT? OR PARTNER? OR COUPL? OR JOIN?
OR CORRESPOND? OR SPONSOR? OR ATTACH?)
S10 75030 S4:S6(50N) (SEARCH? OR RESEARCH? OR RETRIEV? OR INQUIR? OR -
QUERY? OR QUERIES OR REQUEST?) (5N) (WORD?? OR TERM? ? OR RESUL-
T? ? OR KEYWORD? OR KEY()WORD?)
Sll 3539 S10(100N) (EMBED? OR FIT OR FITS OR FITTED OR FITTING OR BU-
ILTIN OR (BUILD? OR BUILT) ()IN OR INLAY? OR INLAID? OR INGRAI-
N? OR IMPLANT? OR INCULCAT?)
S12 1538 Sll(100N) (DELIVER? OR SEND??? OR SENT OR UPLOAD? OR DISTRI-
BUT? OR TRANSFER? OR TRANSMIT? OR BEAM???)
S13 87 S4:S6(10N)S8:S9(10N)Sll(10N)S12
S14 42 RD (unique items)
S15 26 S14 NOT PD>2000
Set Items Description
Sl 12894467 LOGO?? OR BANNER? ? OR SYMBOL? ? OR GRAPHIC? OR SIGN? ? OR
BRAND? OR ICON OR ICONS OR IMAGE OR TRADEMARK?
S2 673134 Sl(5N) (MODIF? OR REVIS??? OR REMODEL? OR ADAPT? OR CHANGE?
? OR CHANGING? OR UPDATING? OR UP()DATE? ? OR CUSTOM?)
S3 452506 Sl(5N) (UPDATE? ? OR TRANSFORM? OR ALTER??? OR REFORMAT? OR
REARRANG? OR ADD??? OR DELET??? OR SPECIAL?)
S4 5287 Sl(5N) (RE() (CREATE? ? OR CREATING? OR CREATION? OR DECORAT?
OR FASHION? OR ,FURBISH? OR CONSTRUCT? OR CONFIG? OR DO OR DO-
ING OR DESIGN?»
S5 44334 S2:S4(20N) (EVENT? ? OR OCCASION? OR PARTY? OR PARTIES OR F-
UNCTION? ? OR ANNlVERSAR? OR HOLIDAY?)
S6 2180 S2:S4(10N) (SEARCH? OR RESEARCH? OR RETRIEV? OR INQUIR? OR -
QUERY? OR QUERIES OR REQUEST?) (3N) (WORD?? OR TERM? ? OR RESUL-
T? ? OR KEYWORD? OR KEY()WORD?)
S7 24 S6(10N) (EMBED? OR FIT OR FITS OR FITTED OR FITTING OR BUIL-
TIN OR (BUILD? OR BUILT) ()IN OR INLAY? OR INLAID? OR INGRAIN?
OR IMPLANT? OR INCULCAT?)
S8 56030 S2:S4(10N) (DELIVER? OR SEND??? OR SENT OR UPLOAD? OR DISTR-
IBUT? OR TRANSFER? OR TRANSMIT? OR BEAM???)
S9 0 S2:S4(10N)S5(10N)S6(10N)S7
S10 7 S7 NOT PD>2000
S11 5 RD (unique items)
S12 3036 S5(10N) (WEBSITE? OR WEB()SITE? OR WEBPAGE? OR WEB()PAGE? OR
WEB()ADDRESS? OR URL?? OR URI?? OR NETWORK? OR WWW)
S13 2965 S5(10N) (HOMEPAGE? OR HOME() PAGE? OR FRONTPAGE? OR FRONT()P-
AGE? OR SITE? OR HTML() FILE? OR INTERNET? OR WORLDWIDEWEB)
S14 26 S12:S13(10N)S6
S15 13 RD (unique items)
S16 6 S15 NOT PD>2000
S17 515 S12:S13(10N)S8
S18 0 S17(10N)S6
S19 87 S6(10N)S8
S20 87 S19 AND S6(5N)S8
821 41 RD (unique items)
S22 22 S21 NOT PD>2000
S23 515 S17 NOT S20
S24 44 S23 AND (COMPAN? OR STANDARD) (5N) (IMAGE? ? OR ICON? ? OR L-
OGO? ? OR BRAND??? OR TRADEMARK?)
S25 16 S24 NOT PD>2000
S26 8 RD (unique items)
S27 3616 S5(5N) (COMPAN? OR STANDARD) (3N) (IMAGE? ? OR ICON? ? OR LOG-
O? ? OR BRAND??? OR TRADEMARK?)
S28 6 S27(5N)S6
S29 375 S27(5N)S12:S13
S30 214 RD (unique items)
S31 80 S30 NOT PD>2000
File 9:Business & Industry(R) Jul/1994-2006/Apr 26
(c) 2006 The Gale Group
File 13:BAMP 2006/Apr W3
(c) 2006 The Gale Group
File 15:ABI/lnform(R) 1971-2006/Apr 27
(c) 2006 ProQuest Info&Learning
File 16:Gale Group PROMT(R) 1990-2006/Apr 27
(c) 2006 The Gale Group
File 47:Gale Group Magazine DB(TM) 1959-2006/Apr 26
(c) 2006 The Gale group
File 75:TGG Management Contents(R) 86-2006/Apr W3
(c) 2006 The Gale Group
File 88:Gale Group Business A.R.T.S. 1976-2006/Apr 20
(c) 2006 The Gale Group
~
File 98:General Sci Abs 1984-2004/Dec
(c) 2005 The HW Wilson Co.
File 141:Readers Guide 1983-2005/May
(c) 2006 The HW Wilson Co
File 148:Gale Group Trade & Industry DB 1976-2006/Apr 27
(c)2006 The Gale Group
File 160:Gale Group PROMT(R) 1972-1989
(c) 1999 The Gale Group
File 239:Mathsci 1940-2006/Jun
(c) 2006 American Mathematical Society
File 275:Gale Group Computer DB(TM) 1983-2006/Apr 26
(c) 2006 The Gale Group
File 369:New Scientist 1994-2006/Sep WI
(c) 2006 Reed Business Information Ltd.
File 370:Science 1996-1999/Jul W3
(c) 1999 AAAS
File 484:Periodical Abs Plustext 1986-2006/Apr W2
(c) 2006 ProQuest
File 553:Wilson Bus. Abs. 1982-2006/Apr
(c) 2006 The HW Wilson Co
File 610:Business Wire 1999-2006/Apr 27
(c) 2006 Business Wire.
File 613:PR Newswire 1999-2006/Apr 27
(c) 2006 PR Newswire Association Inc
File 621:Gale Group New Prod.Annou. (R) 1985-2006/Apr 27
(c) 2006 The Gale Group
File 624:McGraw-Hill Publications 1985-2006/Apr 27
(c) 2006 McGraw-Hill Co. Inc
File 634:San Jose Mercury Jun 1985-2006/Apr 26
(c) 2006 San Jose Mercury News
File 635:Business Dateline(R) 1985-2006/Apr 27
(c) 2006 ProQuest lnfo&Learning
File 636:Gale Group Newsletter DB(TM) 1987-2006/Apr 26
(c) 2006 The Gale Group
File 647:CMP Computer Fulltext 1988-2006/May W2
(c) 2006 CMP Media, LLC
File 674:Computer News Fulltext 1989-2006/Apr W3
(c) 2006 lDG Communications
File 696:DlALOG Telecom. Newsletters 1995-2006/Apr 27
(c) 2006 Dialog
File 810:Business Wire 1986-1999/Feb 28
(c) 1999 Business Wire
File 813:PR Newswire 1987-1999/Apr 30
(c) 1999 PR Newswire Association Inc
REQUEST Application Number 09/843,923
a. ~ Previously submitted. If a final Office action is outstanding, any amendments filed after the final
Office action may be considered as a submission even if this box is not checked.
l. 0
Consider the arguments in the Appeal Brief or Reply Brief previously filed on
11. 0
Other
b. 0 Enclosed
...
l. 0
Amendment/Reply 111. 0
Information Disclosure Statement (mS)
11. 0
Affidavit(s)/Declaration(s) IV. Other 0
2. Miscellaneous
a. 0 Suspension of action on the above-identified application is requested under 37 CFR l.l03(c) for a
period of months (Period of suspension shall not exceed 3 months; Fee under 37 CFR 1.17(i) required)
b. 0 Other
3. Fees The RCE fee under 37 CFR 1.1 7(e) is required by 37 CFR 1.114 when the RCE is filed.
a. ~ The Director is hereby authorized to charge any other appropriate fees that may be required
by this paper that are not accounted for below, and to credit any overpayment, to Deposit
Account No. 50-1070.
l. ~ RCE fee required under 37 CFR 1.17(e)
11. 0 Extension of time fee (37 CFR 1.136 and 1.17)
111. 0 Other
b. 0 Check in the amount of $ 790.00 enclosed
c. ~ Payment by credit card (Form PTO-2038 enclosed)
WARNING: Information on this form may become public. Credit card information should
not be included on this form. Provide credit card information and authorization on PTO-2038.
Title of Invention: Systems and methods for enticing users to access a web site
Sub-Total in
Description Fee Code Quantity Amount
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Title of Invention: Systems and methods for enticing users to access a web site
Payment information:
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File Listing:
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Total Files Size (in bytes): 119250
This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt
similar to a Post Card, as described in MPEP 503.
In re Patent Application of )
)
SergeyBrin ) Group Art Unit: 2142
)
'Application No.: 09/843,923 . ) Examiner: B. Ailes
)
Filed: April 30, 2001 .)
)
or. SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEBSITE )
In response to the final Office Action. dated February 22, 2006, and pursuant to 37 C.F.R
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
Please find below and/or attached an Office communication concerning this application or proceeding.
. Continuation of 3. NOTE: The change in scope due to the amendments to claims 18, 22, 26 and 28 requires further search· and/or
consideration.
Continuation of 11. does NOT place the application in condition for allowance because: The Examiner maintains the rejectionsset forth in
the previous office action.
~,.~ ~
BEATRlZ PRIETO
PAIMA~ ~y M,1.!t\IF':'"
2
PATENT
Docket No. 0026-0002
In re Patent Application of )
)
SergeyBrin ) Group Art Unit: 2142
)
'Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 . )
)
or: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEB SITE )
In response to the fmal Office Action, dated February 22,2006, and pursuant to 37 C.F.R.
___AP_PL_IC_ATI_O_N_NUMB
__ ER FIL_IN_G_O_R_37_1<;.;.c}_DA_T_E FIRS_T_NAM_E_D_AP_PL_IC_ANT
_ _I--ATIY-.-OOC-KE-T-N-O.r-rl-TL-E-
The Power of Attorney in this application is accepted. Correspondence in this application will be mailed to the
above address as provided by 37 CFR 1.33.
• LA!4
3921 (571) 272-3586
OFFICE COpy
PATENT
Docket No. 0026-0002
In re Patent Application of )
)
SergeyBrin ) Group Art Unit 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEBSITE )
In response to the final Office Action, dated February 22,2006, and pursuant to 37 C.F.R.
This listing of claims will replace all prior versions, and listings, of claims in the application:
Listing of Claims:
1-17. (canceled)
18. (currently amended) A method for enticing users to access a web page,
comprising:
modifying a standard company logo for a special event to create a special event logo;
associating one or more search terms with the special event logo, the one or more search
invoking a search relating to the special event based on the one or more search terms in
19. (original) The method of claim 18, wherein the modifying a standard company
logo includes:
creating the special event logo by modifying the standard company logo with one or more
animated images.
20. (previously presented) The method of claim 18, wherein the modifying a standard
2
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
creating the special event logo by modifying the standard company logo with at least one
21. (original) The method of claim 18, wherein the special event includes a holiday.
22. (currently amended) The method of claim [[18]] 37, '""herein the associating one
identifying associating one or more search temlS relating to the special event; and
23. (original) The method of claim 18, wherein the uploading the special event logo
includes:
displaying the special event logo on the web page during the special event.
24. (previously presented) The method of claim 18, wherein the invoking a search
includes:
using the search query to search at least one of a network, an index, or a directory, and
3
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
25. (original) The method of claim 18, wherein the modifYing a standard company
logo includes:
modifYing the standard company logo with special event infonnation to create the special
event logo.
executable by one or more processors to perform a method for attracting users to a web page,
comprising:
instructions for creating a special event logo by modifying a standard company logo for a
special event;
instructions for associating at least one of a link or search results with the special event
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
instructions for providing the link or search results associated with the special event logo.
4
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
modify the standard company logo with special event information corresponding
replace the standard company logo with the special event logo during the special
event.
modifying the standard company logo with at least one of image, video, or audio data
associating one or more search terms relating to the special event with the special event
logo;
invoking a search relating to the special event based on the one or more search tenus in
29. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with one or more animated images.
30. (previously presented) The computer-readable medium of claim 26, wherein the
5
PATENT
U.S. Patent Application No. 09/843 l923
Docket No. 0026-0002
instructions for modifying the standard company logo with at least one of video or audio
data.
31. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with information associated with a
holiday.
32. (previously presented) The server of claim 27 l wherein the processor is further
configured to~
associate one or more search terms relating to the special event with the special event
logo.
33. (previously presented) The server of claim 32l wherein the processor is further
configured to~
34. (previously presented) The method of claim 18, wherein uploading the special
6
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
replacing the standard company logo with the special event logo on the web page.
35. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for replacing the standard company logo with the special event logo on the
web page.
replacing the standard company logo with the special event logo.
presenting a special event logo on a web page, the special event logo being associated
with a standard company logo that has been modified or replaced for a special event;
invoking a search relating to the special event in response to the received selection; and
38. (previously presented) The method of claim 37, wherein one or more search
7
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026~0002
39. (previously presented) The method of claim 37, wherein the presenting a special
displaying the special event logo on the web page during the special event.
8
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
REMARKS
substance of an interview, a personal interview was held on April 12, 2006, between Applicant's
representative, Primary Patent Examiner Prieto, and Examiner Ailes. Applicant would first like
to thank Examiners Prieto and Ailes for the courtesies extended during the personal interview.
During that interview, the rejection based on Wolff (U.S. Patent No. 6,247,047) in view of Unold
et al. (U.S. Patent Application Publication No. 2002/0055880) was discussed. The Examiners
agreed to reconsider the rejections upon the filing of this After Final Amendment.
In the final Office Action, the Examiner rejected claims 18-39 under 35 U.S.C. § 103(a)
as unpatentable over Wolff (U.S. Patent No. 6,247,047) in view of Unold et al. (U.S. Patent
By this Amendment, Applicant proposes amending claims 18, 22, 26, and 28 to improve
form solely to expedite prosecution and without acquiescing in the Examiner's rejection.
Applicant respectfully traverses the Examiner's rejection under 35 U.S.C. § 103. Claims 18-39
remain pending.
In paragraphs 4-21 of the final Office Action, the Examiner rejected claims 18-39 as
allegedly unpatentable over Wolff in view of Unold et al. Applicant respectfully traverses the
rejection.
Amended independent claim 18, for example, is directed to a method for enticing users to
access a web page. The method comprises modifying a standard company logo for a special
event to create a special event logo; associating one or more search terms with the special event
logo, the one or more search terms relating to the special event; uploading the special event logo
9
PATENT
U.S. Patent Application No. 09/843~923
Docket No. 0026-0002
to the web page; receiving a user selection of the special event logo; and invoking a search
relating to the special event based on the one or more search tenus in response to the user
selection.
Neither Wolff nor Unold et al., whether taken alone or in any reasonable combination~
discloses or suggests the combination of features recited in claim 18. For example, neither Wolff
nor Unold et at discloses or suggests modifying a standard company logo for a special event to
The Examiner alleged that Wolff discloses the use of a standard company logo and cited
column 8, lines 35-40, of Wolff for support (final Office Action, paragraph 5). Applicant
respectfully disagrees.
At step 200, a WWW page 100 is displayed on display 18 of a user node 14. Page 100 is retrieved
from sponsor server 50 (FIG. 1) when server 50 is accessed by specifying its URL during a
browsing session by the user. Page 100 is specified by HTML file 52 which, as described above,
caused an icon or advertising banner 102 to be displayed. Banner 102, displayed on a geographic
area 104 of page ]00, includes graphics relating to a particular product or service being advertised.
In this section, Wolff discloses displaying an advertising banner relating to a particular product
or service being advertised on a web page. It appears that the Examiner is alleging that an
advertising banner is equivalent to a company logo. Applicant submits that such an allegation is
unreasonable because an advertising banner is quite different from a company logo. They are
designed for different purposes and they implement different functionality. An advertising
banner typically includes advertising material that offers a product or service for sale. It may be
possible for an advertising banner to include a company logo with the advertising material (see,
e.g., paragraphs 0125 and 0126 of Unold et at), but an advertising banner is definitely not
equivalent to a company logo. Wolff does not even mention a company logo. Therefore, Wolff
10
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
cannot disclose the ability to modify a standard company logo, as alleged by the Examiner.
alleged:
Through broadest reasonable interpretation of the term "company logo" it is interpreted by the
Examiner to mean anything or any type of representation of a company including any type of
advertisement for the company which is used to ltrepresentlt the company. It is well known that
one company can be represented by a plurality of different logos in a plurality of ways of media
(animation, video, pictures, etc.). It is therefore maintained by the Examiner that a company logo
when altered is quite often done to "attract" a consumer, making the company seem more different
and unique when compared with other companies. The same reasoning is used for advertising.
Advertising is used to "attract" customers to a product sold by the company by attempting to be
unique and different Therefore, it is concluded by the Examiner that a company logo is in fact
equivalent in functionality to an advertisement logo.
(final Office Action, paragraph 23). Applicant respectfully submits that the Examiner's
allegations are premised on an incorrect presumption by the Examiner. The Examiner alleged
that companies are represented by a plurality of different logos and that companies often alter
their company logos to attract customers. Applicant disagrees. Companies do not typically alter
their company logos to attract customers. In fact, the opposite it true. A company's logo is quite
often their trademark and they keep it the same so that customers know that they are dealing with
the company and not some other company. Therefore, the Examiner1s allegation that Ii a company
logo when altered is quite often done to 'attrad a consumer, making the company seem more
different and unique when compared with other companies" finds no basis in fact.
The Examiner admitted that Wolff does not disclose modifYing a standard company logo
to become a special event logo (final Office Action, paragraph 5). The Examiner alleged that
Unold et al. discloses the ability to alter a standard company logo to become a special event logo
in accordance with a special event and cited paragraph 0007 of Unold et al. for support (final
11
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Therefore, there exists in the industry, a need for a system and method for enabling the rapid
creation of electronic advertisements, for rapidly changing or replacing advertisements in response
to market and sales trends, changes in customer preferences, or the occurrence of a holiday or
special event, for controlling access to digital signs, and for addressing these and other related, and
unrelated, problems.
In this section, Unold et al. discloses the need for a system and method to rapidly create, change,
and replace advertisements. It appears again that the Examiner is alleging that an advertisement
advertisements are quite different from company logos. Therefore, the need for rapidly creating,
changing, and replacing advertisements, as identified by Unold et aI., falls short of curing the
Therefore, even if Wolff and Unold et aL were combinable (a point that Applicant does
not concede), the combined system would not disclose or suggest modifYing a standard company
logo for a special event to create a special event logo, as required by claim 18.
Even assuming, for the sake of argument, that an advertisement can be equated to a
company logo, Wolff and Unold et al. do not disclose or suggest associating one or more search
terms with a special event logo, where the one or more search terms relate to the special event.
The Examiner alleged that Wolff discloses associating one or more search terms with a company
logo (final Office Action, paragraph 5) and that it would have been obvious to associate a search
term with the special event because Wolff discloses associating a search term with a company
logo, therefore, "the search term would have to be related to the special event logo in some sort
of way" (final Office Action, paragraph 8). Applicant respectfully submits that the Examiner's
Wolff discloses that a URL and unique indicia identifying the product or service being
12
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
advertised is embedded within an advertising banner (coL 8, lines 43-48). Wolff discloses that if
a user clicks on the advertising banner, the host server (associated with the advertiser) uses the
unique indicia to search a product/service database for a record containing information specific to
the advertised product or service (coL 9, lines 3-7). Nowhere does Wolff disclose or remotely
suggest that this unique indicia is related to a special event, as required by claim 18. The
Examiner's allegation that the unique indicia "would have to be related" to a special event is
Because neither Wolff nor Unold et aI. discloses or suggests associating one or more
search terms with the special event logo, where the one or more search terms relate to the special
event, Wolff and Unold et aI., whether taken alone or in any reasonable combination, cannot
disclose or suggest invoking a search relating to the special event based on the one or more
search terms in response to the user selection, as further required by claim 18.
For at least these reasons, Applicant submits that claim 18 is patentable over Wolff and
Unold et aI., whether taken alone or in any reasonable combination. Claims 19-21,23-25, and 34
depend from claim 18 and are, therefore, patentable over Wolffand Unold et aI. for at least the
reasons given with regard to claim 18. Claims 19-21, 23-25, and 34 are also patentable over
For example, claim 19 recites creating the special event logo by modifying the standard
company logo with one or more animated images. Neither Wolff nor Unold et al. discloses or
The Examiner alleged that Unold et al. discloses the ability to modify a logo with
animated images, video, and audio data and cited paragraph 0047, lines 9-13, of Unold et al. for
13
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Each digital sign 108, preferably, comprises: a display subsystem capable of displaying video or
still images received in the form of digital signals; an audio subsystem capable of producing and
delivering audible sound from received digital signals therefor.
In this section, Unold et aL discloses that a digital sign is capable of displaying video or still
images and producing audible sound. The Examiner appears to allege that a digital sign is
equivalent to a company logo. Unold et aL describes a digital sign as a device that includes a
display via which an advertiser can advertise its products or services in locations, such as
airports, shopping malls, exhibit halls, taxi cabs, etc. (paragraphs 0047 and 0048). Applicant
submits that it is unreasonable to equate a digital sign device to a company logo since they are
alleged that it is "deemed obvious in the art that a digital display can display animated images '1
(final Office Action, paragraph 26). Applicants respectfully submit that the Examiner's
allegation falls short of establishing a prima facie case of obviousness. The mere fact that a
digital display can display animated images falls way short of rendering obvious creating a
special event logo by modifYing a standard company logo with one or more animated images, as
For at least these additional reasons, Applicant submits that claim 19 is patentable over
Claim 20 recites creating the special event logo by modifying the standard company logo
with at least one of video or audio data. Neither Wolff nor Unoid et al. discloses or suggests this
14
PATENT
u.s. Patent Application No. 09/843,923
Docket No. 0026-0002
combination of features.
The Examiner alleged that Unold et al. discloses the ability to modify a logo with
animated images, video, and audio data and cited paragraph 0047, lines 9-13, of Unold et al. for
Paragraph 0047, lines 9-13, of Unold et al. has been reproduced above. In this section,
Unold et al. discloses that a digital sign is capable of displaying video or still images and
producing audible sound. As explained above with regard to claim 19, Applicant submits that it
is unreasonable to equate a digital sign device to a company logo since they are two very
different things. Applicant further submits that the mere fact that a digital display device can
display video and produce audible sound falls way short of rendering obvious creating the special
event logo by modifYing the standard company logo with at least one of video or audio data, as
For at least these additional reasons, Applicant submits that claim 20 is patentable over
Claim 25 recites determining a home page for the web page on a network, identifying the
standard company logo on the home page, and modifying the standard company logo with special
event information to create the special event logo. Neither Wolff nor Unold et al. discloses or
For example, neither Wolff nor Unold et al. discloses or suggests determining a home
page for a web page on a network. The Examiner alleged that Wolff discloses this feature and
cited column 8, lines 35-40, of Wolff for support (final Office Action, paragraph 11). Applicant
respectfully disagrees.
15
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Column 8, lines 35-42, of Wolff has been reproduced above. In this section, Wolff
discloses retrieving a page 100 during a browsing session by a user. Nowhere in this section, or
elsewhere, does Wolff disclose or remotely suggest determining a home page for a web page on a
If the Examiner persists with this rejection, Applicant respectfully requests that the
Examiner provide a reasonable explanation of how the above-cited portion of Wolff discloses or
suggests determining a home page for a web page on a network, as required by claim 25. lfthe
Examiner cannot provide a reasonable explanation, then the Examiner must withdraw the
rejection.
Wolff and Unold et al. also do not disclose or suggest identifYing a standard company
logo on the home page. The Examiner alleged that Wolff discloses this feature and cited column
8, lines 35-40, of Wolff for support (final Office Action, paragraph 11). Applicant respectfully
disagrees.
Column 8, lines 35-40, of Wolff has been reproduced above. In this section, Wolff
discloses that an advertising banner is displayed on a web page. As explained above with regard
to claim 18, an advertising banner is not equivalent to a company logo. Therefore, contrary to
the Examiner's allegation, Wolff does not disclose or remotely suggest identifYing a standard
For at least these additional reasons, Applicant submits that claim 25 is patentable over
Amended independent claim 26 recites features similar to, but possibly different in scope
from, features recited in claim 18. Claim 26 is, therefore, patentable over Wolff and Unold et aI.,
16
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
whether taken alone or in any reasonable combination, for at least reasons similar to reasons
given with regard to claim 18. Claims 29-31 and 35 depend from claim 26 and are, therefore,
patentable over Wolff and Unold et aL for at least the reasons given with regard to claim 26.
Claims 29-31 and 35 also recite features similar to, but possibly different in scope from, features
recited in claims 19-21,23-25, and 34. Claims 29-31 and 35 are, therefore, also patentable over
Wolff and Unold et al. for reasons similar to reasons given with regard to claims 19-21,23-25,
and 34.
comprises a memory configured to store instructions and a processor configured to execute the
instructions to determine a home page for a web page on the network, identifY a standard
company logo on the horne page, modifY the standard company logo with special event
infonnation corresponding to a special event to create a special event logo, and replace the
standard company logo with the special event logo during the special event.
Neither Wolff nor Unold et aI., whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 27. For example, neither Wolff
nor Unold et al. discloses or suggests a processor configured to determine a home page for a web
page on a network or identify a standard company logo on the home page, for at least reasons
The Examiner alleged that Wolff discloses retrieving data from a sponsor server that the
Examiner alleged is the same as a horne page (final Office Action, page 29). Applicant
respectfully disagrees. A server and a home page are two totally different things and any
17
PATENT
U.S. Patent Application No. 09/843~923
Docket No. 0026-0002
Wolff and Unold et al. also do not disclose or suggest a processor configured to modify a
standard company logo with special event information corresponding to a special event to create
a special event logo, as further recited in claim 27, for at least reasons similar to reasons given
Wolff and Unold et aI. also do not disclose or suggest a processor configured to replace
the standard company logo with the special event logo during the special event, as further recited
in claim 27. The Examiner did not address this feature and, therefore, did not establish a prima
For at least these reasons, Applicant submits that claim 27 is patentable over Wolff and
Unold et aI., whether taken alone or in any reasonable combination. Claims 32 and 33 depend
from claim 27 and are~ therefore, patentable over Wolff and Unold et aI. for at least the reasons
Independent claim 28 recites features similar to, but possibly different in scope from,
features recited in claims l8~20. Claim 28 is~ therefore~ patentable over Wolff and Unold et aL~
whether taken alone or in any reasonable combination, for at least reasons similar to reasons
given with regard to claims 18-20. Claim 36 depends from claim 28. Claim 36 is, therefore,
patentable over Wolff and Unold et at for at least the reasons given with regard to claim 28.
Independent claim 37 recites features similar to, but possibly different in scope from,
features recited in claim 18. Claim 37 is, therefore~ patentable over Wolff and Unold et aI.,
whether taken alone or in any reasonable combination, for at least reasons similar to reasons
given with regard to claim 18. Claims 22, 38, and 39 depend from claim 37 and are~ therefore,
patentable over Wolff and Unold et ai. for at least the reasons given with regard to claim 37.
18
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
In view of the foregoing amendments and remarks, Applicant respectfully requests the
Examiner1s reconsideration of the application and the timely allowance of pending claims 18-39.
Applicant respectfully requests that this Amendment under 37 c.P.R. § 1.116 be entered
by the Exanliner, placing claims 18-39 in condition for immediate allowance. Applicant submits
that the proposed amendments do not raise new issues or necessitate the undertaking of any
additional search of the art by the Examiner, since all of the elements and their relationships
claimed were either earlier claimed or implied in the claims as examined. Therefore, this
Amendment should allow for immediate action by the Examiner. Further, Applicant submits that
the entry of this Amendment would place the application in better fonn for appeal, should the
lfthe Examiner does not believe that all pending claims are now in condition for
allowance, the Examiner is urged to contact the undersigned to expedite prosecution of this
application.
19
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
To the extent necessary, a petition for an extension of time under 37 C.P.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
Respectfully submitted,
20
STATEMENT UNDER 37 CFR 3.73(b)
Entitled: SYSTEMS AND METHODS FOR ENTICING USERS TO ACCESS A WEB SITE
2.0 an assignee of less than the entire right, title and interest.
The extent (by, percentage) of its ownership interest is _%
B. 0 A chain of title from the inventor(s), of the patent application/patent identified above, to
the current assignee as shown below:
1. From: To:
The document was recorded in the United States Patent and Trademark Office at
Reel _' Frame _' or for which a copy thereof is attached.
2. From: To:
The document was recorded in the United States Patent and Trademark Office at
Reel _' Frame _' or for which a copy thereof is attached.
3. From: To:
The document was recorded in the United States Patent and Trademark Office at
Reel _' Frame _' or for which a copy thereof is attached.
The undersigned (whose title is supplied below) is authorized to act on behalf of the assignee.
/Paul A. Harrity/
Signature
I hereby revoke all previous powers of attorney given in the above~identified application.
I hereby appoint:
OR I I
D Practitioner(s) named below:
as my/our attorney(s) or agent(s) to prosecute the application identified above, and to transact all business in the United States Patent and
Trademark Office connected therewith.
Please recognize or change the correspondence address for the above-identified application to:
[Z] The address associated with the above-mentioned Customer Number;
OR
D Firm or
Individual Name
Address
If you need assistance in completing the form, caI/1-800-PTO-9199 and select option 2.
EXHIBIT A TO POWER OF ATTORNEY
U.S. PATENT APPLICATIONS
Serial No. Filed Date
09/729,240 12/5/2000
09/843,923 4130/2001
09/895,174 712/2001
111000,375 12/1/2004
09/734,887 12/13/2000
091734,886 12/13/2000
09/734,883 12/13/2000
09/777,863 2/7/2001
091734,901 12/13/2000
10/965,714 10118/2004
11/008,262 12/1012004
09/636,052 8110/2000
09/638,080 8114/2000
09/638,082 8114/2000
10/029,883 12/31/2001
10/386,110 3112/2003
09/939,661 8128/2001
10/385}52 3112/2003
09/850,403 518/2001
091956,875 9121/2001
10/408,784 4/8/2003
10/734,111 12/15/2003
10/747,043 12/30/2003
10/608,140 8/30/2003
10/377,117 313/2003
101425,819 4/30/2003
10/462,690 6117/2003
10/608,550 6/30/2003
10/462,818 6/17/2003
PCT/US04/19241 6/17/2004
10/608,139 6/30/2003
10/608,039 6130/2003
EXHIBIT A TO POWER OF ATTORNEY
U.S. PATENT APPLICATIONS
Serial No. Filed Date
10/608,037 6130/2003
10/608,135 6/30/2003
10/608,136 6130/2003
10/457A88 6110/2003
PCT/US04/18241 6/8/2004
10/665,359 9/22/2003
10/658,452 9/10/2003
10/662,931 9/16/2003
PCT/US04/30028 9/1412004
10/673,681 9/30/2003
10/653,899 9/4/2003
101813,356 3131/2004
peTIU804/28927 9/312004
101658,390 9/10/2003
101743,547 12/23/2003
10/672,248 9129/2003
10/748,666 12/31/2003
PCT/US04/42165 12/17/2004,
10/671,516 9129/2003
10/668,142 9124/2003
10/726A83 12/4/2003
101748,655 12/31/2003
10/664,902 9122/2003
10/664,929 9122/2003
PCT/US04/30983 9/20/2004
10/813,607 3131/2004
10/732,366 12/11/2003
2
EXHIBIT A TO POWER OF ATTORNEY
U.S. PATENT APPLICATIONS
Serial No. Filed Date
PCT/US04/37383 11110/2004
10/726,484 12/4/2003
101748,654 12/31/2003
10/697,333 10/31/2003
10/706,991 11/13/2003
101748,664 12/31/2003
peTIUS04/30000 9/1512004
10/712,263 11/14/2003
10/930,848 911/2004
101734,584 12/15/2003
10/748,663 12/31/2003
PCTIUS04/42162 12/17/2004
10/748,661 12/31/2003
101748,662 12/31/2003
11/023,962 12/29/2004
10/813,586 3/31/2004
10/748,656 12/31/2003
PCT/US04/30982 9/20/2004
10/879,520 6130/2004
10/813,359 3131/2004
PCT/US05/10701 3/29/2005
10/810,723 3/29/2004
10/808,326 3125/2004
10/813,229 3131/2004
10/813,573 3131/2004
10/810,725 3129/2004
10/813,618 3131/2004
10/879,503 6130/2004
3
EXHIBIT A TO POWER OF ATTORNEY
U.S. PATENT APPLICATIONS
Serial No. Filed Date
PCTIUS04/29982 9/1512004
10/953,114 9130/2004
10/813,572 3131/2004
peTIUS05/1 0344 3/2812005
10/879,521 6130/2004
10/813,592 3131/2004
10/813,590 3131/2004
10/800,006 3/15/2004
10/878,653 6129/2004
10/804,180 3119/2004
29/201,661 3119/2004
29/201,660 3/19/2004
10/880,164 6/30/2004
10/869,057 6/1712004
10/887,443 6130/2004
PCTIUS05/22726 6/29/2005
~
10/952,449 9129/2004
10/871,030 6121/2004
101842,697 5/11/2004
10/923,034 8/23/2004
10/952,445 9129/2004
10/938,502 t1f13/2004
101938,505 9/13/2004
10/938,727 9113/2004
10/949,706 9127/2004
10/949,708 9127/2004
10/953,491 9130/2004
10/952,482 9129/2004
10/954,009 9130/2004
10/952,501 9129/2004
4
EXHIBIT A TO POWER OF ATTORNEY
U.S. PATENT APPLICATIONS
Serial No. Filed Date
10/950,696 9128/2004
10/953,497 9130/2004
N/A 7/13/2005
10/952,444 9129/2004
10/953,496 9130/2004
10/953,112 9130/2004
10/611,267 6/30/2003
10/611,269 6/30/2003
29/214,259 9/30/2004
10/953,117 9130/2004
10/954,007 9130/2004
10/954,008 9130/2004
11/139,999 5131/2005
10/954,021 9130/2004
10/952,443 9129/2004
10/996,602 11/26/2004
PCT/US04/39656 11126/2004
11/024,968 12/30/2004
11/024,966 12/30/2004
11/024,784 12/30/2004
11/024,976 12/30/2004
11/094,793 3/31/2005
11/169,279 6129/2005
11/024,851 12/30/2004
11/024,765 12/30/2004
11/024,967 12/30/2004
11/024,785 12/30/2004
11/024,975 12/30/2004
11/024,790 12/30/2004
11/024,977 12/30/2004
11/010,316 12/14/2004
11/090,302 3/28/2005
5
EXHIBIT A TO POWER OF ATTORNEY
U.S. PATENT APPLICATIONS
Serial No. Filed Date
11/094,790 3131/2005
11/094,794 3131/2005
11/169,151 6/29/2005
11/132,362 5119/2005
11/170,134 6/30/2005
11/094,791 3131/2005
11/167,581 6128/2005
10/674,802 9130/2003
10/119,375 419/2002
09/939,522 8124/2001
10/629,479 7/28/2003
PCT/US04/24306 7/27/2004
10/608,270 6127/2003
PCT/US04/16258 5/20/2004
10/668,721 9122/2003
peTIUS04/28651 9/1/2004
101750,917 112/2004
101607,927 6127/2003
peTIUS04/19219 6/1612004
11/168,561 6/29/2005
111170,786 6130/2005
11/169,285 6129/2005
11/138,670 5127/2005
11/139,032 5127/2005
11/155,882 6120/2005
11/160,872 7113/2005
PCT/US05/10866 3/30/2005
6
EXHIBIT B TO POWER OF ATTORNEY
U.S. PATENTS
Serial No. Filed Date U.S. Patent No. Issued Date
~904z827 1/9/1998 _~~285~929 9/4/2001
09/899,068 7/6/2001 US 6.799,176 Bl - --.. 9/28/2004 --
_-----,--
1--------
_9J./771.~77 '1730/2001 6.526,440 Bl 2/25/2003
10/351.316 1/27/2003 6.725,259 BI
-----.-.-.----1---'--------- 4/2012004
_.Q~{134.88;L J)/13/2000 US 6,839.702 Bl-- ---174720"05---
09/521,996 3/9/2000 6,67§E81 Bl 1 1137iOo'~f-
r9/S44,733 4/6/2000 ----_ __._
US.._-_._---_.
6.754,873 Bl 6/22/2004'
.._-- ---------_.-~
.to/664,9.92 --9 /22!.~QQ~~ . Qf3 6.934,61~J~.!_,--J>j~~i200~J
Electronic Acknowledgement Receipt
EFSID: 1029015
Title of Invention: Systems and methods for enticing users to access a web site
Payment information:
Submitted with Payment
L-----
I no
_
File Listing:
Document Multi
Document Description File Name File Size(Bytes) Pages
Number Part
0026-0002-After-Final-Amen
1 885063 yes 20
dment.pdf
Multipart Description
Warnings:
Information:
Warnings:
Information:
Warnings:
Information:
Total Files Size (in bytes): 1337717
This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt
similar to a Post Card, as described in MPEP 503.
XI" OR .*..
x.,. OAXBo.
• 13&- .. OR 4270. .
".-:
~~.. . .ft"~ OR Man: fCCIl-._-I
..
•
Ii
I TClIIII ." ••
lad . . . . . . . . . .
'=' RATE
Identification of prior art discussed: Wolff ((US 6,247,047) Unold (uS 200210055880).
Agreement with respect to the claims f)0 was reached. g)~ was not reached. h)O N/A.
Substance of Interview including description of the general nature of what was agreed to if an agreement was
reached, or any other comments: See Continuation Sheet,
(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims
allowable, if available, must be attached, Also, where no copy of the amendments that would render the claims
allowable is available, a summary thereof must be attached.)
THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE
INTERVIEW. (See MPEP Section 713.04). If a reply to the last Office action has already been filed, APPLICANT IS
GIVEN A NON-EXTENDABLE PERIOD OF THE LONGER OF ONE MONTH OR THIRTY DAYS FROM THIS
INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEWSUMMARYFORM,WHICHEVER IS LATER,TO
FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview
requirements on reverse side or on attached sheet.
The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
incomplete through the failure to record the substance of interviews. .
It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless'
the examiner indicates he or she will do so. It is the examiner's responsibility to see that such a record is made~and to correct material inaccuracies
which bear directly on the question of patentability. .
Examiners must complete an Interview Summary Form for each interview held where a matter of substal)ce has been discussed during the
interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
requirements for which interview recordation is otherwise prOVided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where t/'le
substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
"Contents" section of the file wrapper. In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
conclusion of the interview. In the case of a telephone or video-conference interview, the copy is mailed to the applicant's correspondence address
either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other
circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
should be noted, however, that the IntervieW Summary Form will not normally be considered a complete and proper recordation of the interview
unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
substance of the interview.
A complete and proper recordation of the substance of any interview should include at least the following applicable items:
1) A brief description of the nature of any exhibit shown or any demonstration conducted,
2) an identification of the claims discussed,
3) an identification of the specific prior art discussed,
4) an identification of the principal proposed 'amendments of a substantive nature discussed, unless these are already described on the
Interview Summary Form completed by the Examiner,
5) a brief identification of the general thrust of the principal arguments presented to the examiner,
(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
examiner can be understood in the context of the application file. Of cours'e, the applicant may desire to emphasize and fully
describe those arguments which he or she feels were or might be persuasive to the examiner.)
6) a general indication of any other pertinent matters discussed, and
7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
the examiner.
Examiners are expected to carefully review the applicant's record of the substance of an interview. If the record is hot complete and
accurate, the examiner will give the applicant an extendable one month time period to correct the record.
If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner's version of the
statement attributed to him or her. If the record is complete and accurate, the examiner should place the indication, "Interview Record OK" on the
paper recording the substance of the interview along with the date and the examiner's initials.
2
.. .- . ,
.
Continuation Sheet (PTOL-413) Application No. 09/843,923
,./
Continuation of Substance of Interview including'description of the general nature of what was agreed to if an
agreement was reached, or any other comments: Mr. Harrity initiated the interview by outlining the applicant's
invention and provided examples of the intended interpretation of a standard company logo vs. a modified company'
logo based on a special event and also discussed the search functionality of the claims. Examiner Ailes, Examiner
Prieto and Mr. Harrity discussed the claim terminology and it was determined that the "standard company logo" needs
to be more properly defined within the claims to exclude it from reading on the modifiable web page banners of the
Wolff reference. Examiner Ailes and Examiner Prieto provided Mr. Harrity with a few possible options for distinguishing
the claims, (1) narrow the interpretation of claimed term "standard company logo" with extrinsic evidence such as a
dictionary definition, or (2) Amend the claims to include search terms relating to a special event. Beyond this, no
agreement was reached in terms of allowance. Mr. Harrity agreed to file a response to the final rejection.
, .64.~';~
~TRlZ PRIETO
PRtMARY EXAMtNER
3
UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATIORNEY DOCKET NO. CONFIRMATION NO.
Please find below and/or attached an Office communication concerning this application or proceeding.
Status
Disposition of Claims
4)[2] Claim(s) 18-39 is/are pending in the application.
4a) Of the above claim(s) _ _ is/are withdrawn from consideration.
5)0 Claim(s) _ _ is/are allowed.
6)[2] Claim(s) 18-39 is/are rejected.
7)0 Claim(s) _ _ is/are objected to.
8)0 Claim(s) _ _ are subject to restriction and/or election requirement.
Application Papers
9)0 The specification is objected to by the Examiner.
10)0 The drawing(s) filed on _ _ is/are: a)O accepted or b)O objected to by the Examiner.
Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) inclUding the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Attachment(s)
1) 0 Notice of References Cited (PTO-892) 4) 0 Interview Summary (PT0-413)
2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. _ _ .
3) 0 Information Disclosure Statement(s) (PTO-1449 or PTO/S8/08) 5) 0 Notice of Informal Patent Application (PTO-152)
Paper No(s)/Mail Date _ _. 6) 0 Other: _ _'
U.s. Palent and Trademark Office
PTOL-326 (Rev. 7-05) Office Action Summary Part of Paper No.lMail Date 20060218
Application/Control Number: 09/843,923 Page 2
Art Unit: 2142
DETAILED ACTION
3. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
(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.
4. Claims 18-39 are rejected under 35 U.S.C. 103(a) as being unpatentable over
Wolff (U.S. 6,247,047) in view of Unold et al. (U.S. 2002/0055880 A1), hereinafter
referred to as Unold.
5. Regarding claims 18, 26, 28, and 37-38, Wolff discloses the use of a standard
company logo (col. 8, lines 35-40), associating one or more search terms with the
company logo (col. 8, lines 43-48), uploading the company logo to a web page (col. 8,
lines 38-40), receiving a user selection of the company logo (col. 8, lines 58-62), and
invoking a search based on the one or more search terms in response to the user
selection (col. 9, lines 1-7). Wolff discloses the main idea of using a company logo,
being able to modify the company logo, and associating a search term along with it, but
does not explicitly disclose in the modifying step of modifying the standard company
logo to become a special event logo. However, Unold discloses the ability and method
of altering a standard company logo to become a special event logo in accordance with
a special event (Page 1, column 2, paragraph [0007]). One of ordinary skill in the art
Application/Control Number: 09/843,923 Page 3
Art Unit: 2142
would have found it useful to combine the method of modifying a standard company
logo to become a special event logo as disclosed by Unold because Unold provides a
method wherein company logos and advertisements can be changed qUickly and
efficiently to correspond with market and sales trends (Page 1, column 2, paragraph
[0007]). It is for this reason that one of ordinary skill in the art at the time of the
applicant's invention would have been motivated to implement the methods of modifying
a company logo as disclosed by Unold and combine them with the standard company
6. Regarding claims 19 and 20, Unold discloses the ability to modify the logo with
animated images, video, and audio data (page 3, column 2, paragraph [0047], lines 9-
13). The motivation used to combine Wolff and Unold in the rejection of claim 18
7. Regarding claim 21, Unold discloses the special event including a holiday (page
1, column 1, paragraph [0007]). The motivation used to combine Wolff and Unold in the
8. Regarding claim.22, Wolff discloses the use of a search term but Wolff does not
explicitly disclose the search term being related to the special event because Wolff does
not explicitly disclose the step of modifying a company logo to become a special event
logo as explained in the rejection of claim 18. It would have been obvious to one of
ordinary skill in the art at the time of the applicant's invention to associate the search
term with the special event in the combination of Wolff and Unold because Wolff alone
associates the search term with the company logo, so in combination of Wolff and
Application/Control Number: 09/843,923 Page 4
Art Unit: 2142
Unold, the search term 'would have to be related to the special event logo in some sort
of way. It is for this reason that one of ordinary skill in the art would have been
9. Regarding claim 23, Unold discloses the ability to schedule when a special event
combine Wolff and Unold in the rejection of claim 18 applies equally as well to claim 23.
10. Regarding claim 24, Wolff discloses the method of generating a search query
using the one or more search terms (col. 9, lines 1-8), using the search query to search
at least one of a network, an index, or a directory (col. 9, lines 1-8), and obtaining
11. Regarding claim 25, Wolff discloses determining a home page for the web page
on a network (col. 8, lines 35-40) and identifying the standard company logo on the
home page (col. 8, lines 35-40), but does not explicitly disclose in the modifying step of
modifying the standard company logo to become a special event logo. However, Unold
discloses the ability and method of altering a standard company logo to become a
special event logo in accordance with a special event (Page 1, column 2, paragraph
[0007]). One of ordinary skill in the art would have found it useful to combine the
disclosed by Unold because Unold provides a method wherein company logos and
advertisements can be changed quickly and efficiently to correspond with market and
sales trends (Page 1, column 2, paragraph [0007]). It is for this reason that one of
ordinary skill in the art at the time of the applicant's invention would have been
Application/Control Number: 09/843,923 Page 5
Art Unit: 2142
Unold and combine them with the standard company logo displaying method disclosed
by Wolff.
12. Claim 27 contains similar subject matter and is rejected under the same rationale
13. Claim 29 contains similar subject matter and is rejected under the same rationale
as claim 19.
14. Claim 30 contains similar subject matter and is rejected under the same rationale
as claim 20.
15. Claim 31 contains similar subject matter and is rejected under the same rationale
as claim 21.
16. Claim 32 contains similar subject matter and is rejected under the same rationale
as claim 22.
17. Claim 33 contains similar subject matter and is rejected under the same rationale
as claim 24.
18. Regarding claim 34, Wolff discloses the method wherein uploading the special
event logo includes replacing the standard company logo with the special event logo on
the web page (col. 8, lines 38-40, deemed inherent in the art that when uploading
19. Claim 35 contains similar subject matter and is rejected under the same rationale
as claim 34.
Application/Control Number: 09/843,923 Page 6
Art Unit: 2142
20. Claim 36 contains similar subject matter and is rejected under the same rationale
as claim 34.
21. Claim 39 contains similar subject matter and is rejected under the same rationale
as claim 23.
Response to Arguments
22. Applicant's arguments filed 22 November 2005 have been fUlly considered but
23. (A) Applicant argues on page 8 of the response that neither Wolff nor Unold et al.
discloses or suggests modifying a standard company logo for a special event to create
a special event logo. The Examiner does not agree. Through broadest reasonable
advertisement for the company which is used to "represent" the company. It is well
the Examiner that a company logo when altered is quite often done to "attract" a
consumer, making the company seem more different and unique when compared with
other companies. The same reasoning is used for advertising. Advertising is used to
24. (B) Applicant argues on pages 9-10 of the response that Wolff and Unold cannot
disclose or suggest associating one or more search terms with the special event logo.
In view of argument (A), the Examiner disagrees and maintains the rejection. Wolff
25. (C) Applicant argues on page 11 of the response that Wolff and Unold cannot
user selection of the special event logo. In response to applicant's argument that the
references fail to show certain features of applicant's invention, it is noted that the
features upon which applicant relies (i.e., "providing search results relating to the
special event") are not recited in the rejected c1aim(s). 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).
26. (0) Applicant argues on pages 12-13 that neither Wolff nor Unold et al. disclose
or suggest creating the special event logo by modifying the standard company logo with
one or more animated images. The Examiner does not agree. Through the combination
of Wolff and Unold, the Examiner has concluded the combination teaches the ability to
independent claim 18. In view of the combination Unold clearly discloses the ability to
alter and display animation on page 3, column 2, paragraph [0047], lines 9-13. It is
deemed obvious in the art that a digital display can display animated images. The
27. (E) Applicant argues on pages 13-14 that neither Wolff nor Unold et al. disclose
or suggest modifying the standard company logo with at least one of video or audio
data. The Examiner does not agree. Through the combination of Wolff and Unold, the
Examiner has concluded the combination teaches the ability to alter a company logo
based on a special event as outlined in the rejection of independent claim 18. In view of
the combination Unold clearly discloses the ability to alter and display video or audio on
page 3, column 2, paragraph [0047], lines 9-13. It is deemed obvious in the art that a
digital display can display video. The digital display is utilized to display the logo.
28. (F) Applicant argues on page 14 in regards to claim 22 that neither Wolff nor
Unold et al. disclose identifying one or more search terms relating to the special event.
The Examiner does not agree. In reference to Wolff (col. 8, line 65 - col. 9, line 15) a
key word is assigned (i.e. 12345). Therefore this keyword must be related in some sort
of way. This evidence is enough to fall under the Applicant's claimed subject matter.
29. (G) Applicant argues on page 15 in regards to claim 25 and page 16 in regards to
claim 27 that neither Wolff nor Unold et al. disclose or suggest identifying a standard
company logo on a home page. The Examiner does not agree. Wolff discloses in
column 8, lines 35-40 the method of retrieving data from a "sponsor server" which is
Conclusion
30. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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 mailing date of this final action.
examiner should be directed to Benjamin A. Ailes whose telephone number is (571 )272-
3899. The examiner can normally be reached on M-F 6:30-4, IFP Work Schedule.
supervisor, Andrew Caldwell can be reached on (571 )272-3868. The fax phone number
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
baa
Application/Control No. Applicant(s)/Patent under
Index of Claims Reexamination
09/843,923
IIII"II I IIII
BRIN, SERGEY
Examiner Art Unit
II Benjamin A. Ailes 2142
(Through numeral)
..J Rejected - Cancelled N
Non-Elected
A Appeal
SEARCH NOTES
SEARCHED
(INCLUDING SEARCH STRATEGY)
Class Subclass Date Examiner DATE EXMR
INTERFERENCE SEARCHED
L1 97 705/26.ccls. and
(@ad<120000501" or
@rlad<120000S01") and
@pd>120050719"
249 14 ON 2006/02/2009:17
2/20/069:35:38 AM Page 1
C: \Documents and Settings\bailes\My Documents\EAST\Workspaces\09843923. wsp
PATENT
Docket No. 0026-0002
In re Patent Application of )
)
Sergey Brin ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEB SITE )
AMENDMENT
In response to the non-final Office Action, dated July 21,2005, the period for response
being extended through December 21, 2005 by the filing of a petition for a two month extension
oftime and the requisite fee concurrently herewith, please amend the application as follows:
This listing of claims will replace all prior versions, and listings, of claims in the application:
Listing of Claims:
1-17. (canceled)
18. (currently amended) A method for enticing users to access a web page,
comprising:
modifying a standard company logo for a special event to create a special event logo;
associating one or more search terms with the special event logo;
fJfeyicling seareh fesults felatiRg te the sfJeeia:l eveRt invoking a search based on the one
19. (original) The method of claim 18, wherein the modifying a standard company
logo includes:
creating the special event logo by modifying the standard company logo with one or more
animated images.
20. (previously presented) The method of claim 18, wherein the modifying a standard
creating the special event logo by modifying the standard company logo with at least one
2
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
21. (original) The method of claim 18, wherein the special event includes a holiday.
22. (original) The method of claim 18, wherein the associating one or more search
terms includes:
23. (original) The method of claim 18, wherein the uploading the special event logo
includes:
displaying the special event logo on the web page during the special event.
24. (currently amended) The method of claim 18, wherein the flreyiaiag seat'eh
using the search query to search at least one of a network, an index, or a directory, and
25. (original) The method of claim 18, wherein the modifying a standard company
logo includes:
3
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
modifying the standard company logo with special event infonnation to create the special
event logo.
executable by one or more processors to perfonn a method for attracting users to a web page,
comprising:
instructions for creating a special event logo by modifying a standard company logo;
instructions for associating at least one of a link or search results with the special event
logo;
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
instructions for providing the link or search results associated with the special event logo.
modify the standard company logo with special event infonnation corresponding
replace the standard company logo with the special event logo during the special
event.
4
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
modifying the standard company logo with at least one of image, video, or audio data
associating one or more search terms with the special event logo;
flfoviEliHg seareh feSl:l1ts felatiflg to the s:fleeial e'leHt invoking a search based on the one
29. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with one or more animated images.
30. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with at least one of video or audio
data.
31. (previously presented) The computer-readable medium of claim 26, wherein the
instructions for modifying the standard company logo with information associated with a
5
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
holiday.
32. (previously presented) The server of claim 27, wherein the processor is further
configured to:
associate one or more search terms relating to the special event with the special event
logo.
33. (previously presented) The server of claim 32, wherein the processor is further
configured to:
34. (new) The method of claim 18, wherein uploading the special event logo
includes:
replacing the standard company logo with the special event logo on the web page.
35. (new) The computer-readable medium of claim 26, wherein the instructions for
instructions for replacing the standard company logo with the special event logo on the
web page.
6
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
replacing the standard company logo with the special event logo.
presenting a special event logo on a web page, the special event logo being associated
with a standard company logo that has been modified or replaced for a special event;
invoking a search relating to the special event in response to the received selection; and
38. (new) The method of claim 37, wherein one or more search terms are associated
39. (new) The method of claim 37, wherein the presenting a special event logo
includes:
displaying the special event logo on the web page during the special event.
7
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
REMARKS
In the non-fmal Office Action, the Examiner rejected claims 18-33 under 35 U.S.C. §
I03(a) as unpatentable over Wolff (U.S. Patent No. 6,247,047) in view of Unold et ai. (U.S.
By this Amendment, Applicant amends claims 18, 24, and 28 to improve foim, and adds
new claims 34-39. Applicant respectfully traverses the Examiner's rejection under 35 U.S.C. §
In paragraphs 4-17 of the Office Action, the Examiner rejected claims 18-33 as allegedly
unpatentable over Wolff in view of Unold et ai. Applicant respectfully traverses the rejection.
Independent claim 18, for example, is directed to a method for enticing users to access a
web page. The method comprises modifying a standard company logo for a special event to
create a special event logo; associating one or more search terms with the special event logo;
uploading the special event logo to the web page; receiving a user selection of the special event
logo; and providing search results relating to the special event in response to the user selection.
Neither Wolff nor Unold et aI., whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 18. For example, neither Wolff
nor Unold et ai. discloses or suggests modifying a standard company logo for a special event to
The Examiner alleged that Wolff discloses "the main idea of using a company logo, being
able to modify the company logo, and associating a search term with it" and cited column 8, line
35 - column 9, line 7 of Wolff for support (Office Action, paragraph 5). Applicant respectfully
disagrees.
8
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
At step 200, a WWW page 100 is displayed on display 18 of a user node 14. Page 100 is retrieved
from sponsor server 50 (FIG. I) when server 50 is accessed by specifying its URL during a
browsing session by the user. Page 100 is specified by HTML file 52 which, as described above,
caused an icon or advertising banner 102 to be displayed. Banner 102, displayed on a geographic
area 104 of page 100, includes graphics relating to a particular product or service being advertised.
Embedded within banner 102 is the URL of host server 12 (e.g., "www .bannerbuy.com") and a
unique indicia (e.g., "12345") identifying the product or service being advertised. The indicia is
appended to the end of the URL (e.g., www .bannerbuy.com/I2345"). and the URL is linked to
I
banner 102. The URL and indicia are shown in a dashed box 106 to indicate they are transparent to
the user. In other embodiments, the URL and indicia can be displayed to the user, or banner 102
can be replaced by another icon having embedded therein the same URL and indicia. For example,
banner 102 can be replaced by a hyperlink including the URL of host server 12 and the indicia of
the advertised product or service.
At step 202, a user uninterested in the advertised product or service may continue browsing
without selecting banner 102. However, if the user wants to make a transaction or wants more
information about the advertised product or service, the user selects banner 102 using an input
device such as mouse 22 by clicking in geographic area 104. In response, at step 204, user node 14
makes an TCP/IP request using the URL (" www .bannerbuy.com") embedded within banner 102 to
contact host server 12 over Internet 16.
At step 206, host server 12 generates a unique transaction identification number ("transaction ill"),
and creates a new record in the transaction record database which can be indexed by the
transaction ill. This record will be used to store any input data entered by the user for this
transaction. At step 208, host server 12 receives the unique indicia (e.g., "12345") embedded
within banner 102 and uses the indicia to search the on-line product/service database for a record
containing information specific to the advertised product or service.
In this section, Wolff discloses displaying an advertising banner on a web page and embedding
within the advertising banner a URL of the host server and a unique indicia that identifies the
product or service being advertised. It appears that the Examiner is alleging that an advertising
unreasonable because an advertising banner is quite different from a compa.TJ.y logo. They are
designed for different purposes and they implement different functionality. An advertising
banner typically includes advertising material that offers a product or service for sale. It may be
possible for an advertising banner to include a company logo with the advertising material (see,
e.g., paragraphs 0125 and 0126 of Unold et al.), but an advertising banner is definitely not
9
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
equivalent to a company logo. Wolff does not even mention a company logo. Therefore, Wolff
cannot disclose the ability to modify a company logo, as alleged by the Examiner.
The Examiner admitted that Wolff does not disclose modifying a standard company logo
to become a special event logo (Office Action, paragraph 5). The Examiner alleged that Unold et
ai. discloses the ability to alter a standard company logo to become a special event logo in
accordance with a special event and cited paragraph 0007 of Unold et ai. for support (Office
Therefore, there exists in the industry, a need for a system and method for enabling the rapid
creation of electronic advertisements, for rapidly changing or replacing advertisements in response
to market and sales trends, changes in customer preferences, or the occurrence of a holiday or
special event, for controlling access to digital signs, and for addressing these and other related, and
unrelated, problems.
In this section, Unold et ai. discloses the need for a system and method to rapidly create, change,
and replace advertisements. It appears again that the Examiner is alleging that an advertisement
advertisements are quite different from company logos. Therefore, the need for rapid creating,
changing, and replacing of advertisements, as identified by Unold et aI., falls short of curing the
Therefore, even if Wolff and Unold et ai. were combinable (a point that Applicant does
not concede), the combined system would not disclose or suggest modifying a standard company
logo for a special event to create a special event logo, as required by claim 18.
Because neither Wolff nor Unold et ai. discloses or suggests modifying a standard
company logo for a special event to create a special event logo, Wolff and Unold et aI., whether
taken alone or in any reasonable combination, cannot disclose or suggest associating one or more
10
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
search tenns with the special event logo, as further required by claim 18.
The Examiner alleged that Wolff discloses associating one or more search tenns with a
company logo and cited column 8, lines 43-48, of Wolff for support (Office Action, paragraph
Embedded within banner 102 is the URL of host server 12 (e.g., ..www.bannerbuy.com..) and a
unique indicia (e.g., "12345") identifying the product or service being advertised. The indicia is
appended to the end of the URL (e.g., ..www.bannerbuy.com/12345 ..). and the URL is linked to
banner 102.
In this section, Wolff discloses that a URL and unique indicia identifying the product or service
being advertised is embedded within an advertising banner. Wolff discloses that if a user clicks
on the advertising banner, the host server (associated with the advertiser) uses the unique indicia
to search a product/service database for a record containing infonnation specific to the advertised
product or service (col. 9, lines 3-7). Even if, for the sake of argument, the unique indicia could
be equated to a search tenn (a point that Applicant does not concede), Wolff does not disclose or
suggest associating the unique indicia with a special event logo, as required by claim 18. The
disclosure of Unold et al. does not cure this deficiency in the disclosure of Wolff.
Because neither Wolff nor Unold et al. discloses or suggests associating one or more
search tenns with the special event logo, Wolff and Unold et aI., whether taken alone or in any
reasonable combination, cannot disclose or suggest providing search results relating to a special
event in response to user selection of the special event logo, as further required by claim 18.
The Examiner alleged that Wolff discloses providing search results relating to the logo in
response to user selection and cited column 9, lines 1-7, of Wolff for support (Office Action,
paragraph 5). Applicant submits that the Examiner has misconstrued the language of claim 18.
11
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Claim 18 does not recite providing search results relating to a logo, but instead recites providing
search results relating to a special event. Wolff does not disclose or suggest this feature.
This record will be used to store any input data entered by the user for this transaction. At step
208, host server 12 receives the unique indicia (e.g., "12345") embedded within banner 102 and
uses the indicia to search the on-line product/service database for a record containing information
specific to the advertised product or service.
In this section, Wolff discloses that the unique indicia is used to search a product/service
database for a record containing information specific to the advertised product or service. This
section of Wolff is deficient for at least a couple of reasons. First, Wolff discloses that the host
server performs a search in response to user selection of the advertising banner, not in response
to user selection of a special event logo, as required by claim 18. Second, the information
obtained as a result of the search (i.e., information specific to the advertised product or service)
cannot reasonably be equated to search results relating to a special event, as required by claim 18.
The disclosure of Unold et ai. does not cure these deficiencies in the disclosure of Wolff.
For at least these reasons, Applicant submits that claim 18 is patentable over Wolff and
Unold et aI., whether taken alone or in any reasonable combination. Claims 19-25 depend from
claim 18 and are, therefore, patentable over Wolff and Unold et ai. for at least the reasons given
with regard to claim 18. Claims 19-25 are also patentable for reasons of their own.
For example, claim 19 recites creating the special event logo by modifying the standard
company logo with one or more animated images. Neither Wolff nor Unold et ai. discloses or
The Examiner alleged that Unold et ai. discloses the ability to modify a logo with
animated images, video, and audio data and cited paragraph 0047, lines 9-13, of Unold et ai. for
12
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Each digital sign 108, preferably, comprises: a display subsystem capable of displaying video or
still images received in the form of digital signals; an audio subsystem capable of producing and
delivering audible sound from received digital signals therefor.
In this section, Unold et al. discloses that a digital sign is capable of displaying video or still
images and producing audible sound. The Examiner appears to allege that a digital sign is
equivalent to a company logo. Unold et al. describes a digital sign as a device that includes a
display via which an advertiser can advertise its products or services in locations, such as
airports, shopping malls, exhibit halls, taxi cabs, etc. (paragraphs 0047 and 0048). Applicant
submits that it is unreasonable to equate a digital sign device to a company logo since they are
For at least these additional reasons, Applicant submits that claim 19 is patentable over
Claim 20 recites creating the special event logo by modifying the standard company logo
with at least one of video or audio data. Neither Wolff nor Unold et al. discloses or suggests this
combination of features.
The Examiner alleged that Unold et al. discloses the ability to modify a logo with
animated images, video, and audio data and cited paragraph 0047, lines 9-13, of Unold et al. for
Paragraph 0047, lines 9-13, of Unold et al. has been reproduced above. In this section,
Unold et al. discloses that a digital sign is capable of displaying video or still images and
producing audible sound. As explained above with regard to claim 19, Applicant submits that it
13
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
is unreasonable to equate a digital sign device to a company logo since they are two very
different things.
For at least these additional reasons, Applicant submits that claim 20 is patentable over
Claim 22 recites identifying one or more search terms relating to the special event.
Neither Wolff nor Unold et al. discloses or suggests this combination of features.
The Examiner alleged that Wolff discloses the use of a search term but admitted that
Wolff does not disclose the search term being related to a special event (Office Action, paragraph
8). The Examiner alleged that it would have been obvious to associate the search term with the
special event in the combination of Wolff and Unold et al. "because Wolff alone associates the
search term with the company logo, so in combination of Wolff and Unold, the search term
would be related to the special event logo in some sort of way" (Office Action, paragraph 8).
The Examiner's allegation rests on the assumption that Wolff discloses associating a
search term with a company logo. As explained above with regard to claim 18, contrary to the
Examiner's allegation, Wolff does not disclose associating a search term with a company logo.
Because the basis of the Examiner's allegation lacks merit, the rest of the Examiner's allegation
also lacks merit. Contrary to the Examiner's allegation, even if Wolff could be combined with
Unold et al. (a point that Applicant does not concede), the combined system would not have
identified one or more search terms relating to a special event, or associated the one or more
search terms with the special event logo, as required by claim 22.
For at least these additional reasons, Applicant submits that claim 22 is patentable over
14
, I
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Claim 25 recites determining a home page for the web page on a network, identifying the
standard company logo on the home page, and modifying the standard company logo with special
event information to create the special event logo. Neither Wolff nor Unold et aI. discloses or
For example, neither Wolff nor Unold et al. discloses or suggests identifying a standard
company logo on a home page. The Examiner alleged that Wolff discloses this feature and cited
column 8, lines 35-40, of Wolff for support (Office Action, paragraph 11). Applicant
respectfully disagrees.
At step 200, a WWWpage 100 is displayed on display 18 ofa user node 14. Page 100 is retrieved
from sponsor server 50 (FIG. 1) when server 50 is accessed by specifying its URL during a
browsing session by the user. Page 100 is specified by HTML file 52 which, as described above,
caused an icon or advertising banner 102 to be displayed.
In this section, Wolff discloses that an advertising banner is displayed on a web page. As
explained above with regard to claim 18, an advertising banner is not equivalent to a company
logo. Therefore, contrary to the Examiner's allegation, Wolff does not disclose or remotely
suggest identifying a standard company logo on a home page, as required by claim 25.
For at least these additional reasons, Applicant submits that claim 25 is patentable over
Independent claim 26 recites features similar to features recited in claim 18. Claim 26 is,
therefore, patentable over Wolff and Unold et aI., whether taken alone or in any reasonable
combination, for at least reasons similar to reasons given with regard to claim 18. Claims 29-31
depend from claim 26 and are, therefore, patentable over Wolff and Unold et aI. for at least the
15
•• I. , (
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
reasons given with regard to claim 26. Claims 29-31 also recite features similar to features
recited in claims 19-25. Claims 29-31 are, therefore, also patentable over Wolff and Unold et ai.
comprises a memory configured to store instructions and a processor configured to execute the
instructions to determine a home page for a web page on the network, identify a standard
company logo on the home page, modify the standard company logo with special event
information corresponding to a special event to create a special event logo, and replace the
standard company logo with the special event logo during the special event.
Neither Wolff nor Unold et aI., whether taken alone or in any reasonable combination,
discloses or suggests the combination of features recited in claim 27. For example, neither Wolff
nor Unold et ai. discloses or suggests a processor configured to identify a standard company logo
on a home page, for at least reasons similar to reasons given with regard to claim 25.
Wolff and Unold et ai. also do not disclose or suggest a processor configured to modify a
standard company logo with special event information corresponding to a special event to create
a special event logo, as further recited in claim 27, for at least reasons similar to reasons given
Wolff and Unold et ai. also do not disclose or suggest a processor configured to replace
the standard company logo with the special event logo during the special event, as further recited
in claim 27. The Examiner did not address this feature and, therefore, did not establish a prima
For at least these reasons, Applicant submits that claim 27 is patentable over Wolff and
16
, , I I
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Unold et al., whether taken alone or in any reasonable combination. Claims 32 and 33 depend
from claim 27 and are, therefore, patentable over Wolff and Unold et al. for at least the reasons
Independent claim 28 recites features similar to features recited in claims 18-20. Claim
28 is, therefore, patentable over Wolff and Unold et al., whether taken alone or in any reasonable
combination, for at least reasons similar to reasons given with regard to claims 18-20.
New claims 34, 35, and 36 depend from claims 18,26, and 28, respectively. Claims 34-
36 are, therefore, patentable over Wolff and Unold et al. for at least the reasons given with regard
New independent claim 37 recites features similar to, but different in scope from, features
recited in other independent claims. Claim 37 is, therefore, patentable over Wolff and Unold et
al. for at least reasons similar to reasons given with regard to the other independent claims.
Claims 38 and 39 depend from claim 37 and are, therefore, patentable over Wolff and Unold et
al. for at least the reasons given with regard to claim 37.
In view of the foregoing amendments and remarks, Applicant respectfully requests the
Examiner's reconsideration ofthe application and the timely allowance of pending claims 18-36.
If the Examiner does not believe that all pending claims are now in condition for
allowance, the Examiner is urged to contact the undersigned to expedite prosecution of this
application.
To the extent necessary, a petition for an extension oftime under 37 C.F.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing ofthis paper,
17
., '/ l ..,
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
Respectfully submitted,
Paul A. Harrity
Reg. No. 39,574
18
Patent
Attorney's Docket No. 0026-0002
Sir:
The following extension of time is requested to respond to the Office Action dated July 21,2005:
D The shortened statutory period has been reset by an Advisory Action dated _ _.
The Comm issioner is hereby authorized to charge any other appropriate fees that may be required by this
paper that are not accounted for above, and to credit any overpayment, to Deposit Account No. 50-1070.
Respectfully submitted,
~~~5~89843923
450.08 OP
By: --'---"'-"""""'=--_-==----+_ _~_ _____'~-
In re Patent Application of )
)
Sergey Brin ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For.: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS )
A WEB SITE )
Sir:
AMENDED CLAIMS
Claims
Claims
To the extent necessary, a petition for an extension of time under 37 C.F.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
fees to such deposit account.
Amendment/Reply Transmittal Letter
Application Serial No. 09/843,923
Attorney's Docket No. 0026-0002
Page 3
The Commissioner is hereby authorized to charge any other appropriate fees that may be
required by this paper that are not accounted for above, and to credit any overpayment, to
Deposit Account No. 50-1070.
Respectfully submitted,
By~Qep\=3)
Paul A. Harrity
Reg. No. 39,574
APPLICAnON NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMAnON NO.
Please find below and/or attached an Office communication concerning this application or proceeding.
Status
1)~ Responsive to communication(s) filed on 02 Mav 2005.
2a)0 This action is FINAL. 2b)~ This action is non-final.
3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
Disposition of Claims
4)~ Claim(s) 18-33 is/are pending in the application.
4a) Of the above claim(s) _ _ is/are withdrawn from consideration.
5)0 Claim(s) _ _ is/are allowed.
6)~ Claim(s) 18-33 is/are rejected.
7)0 Claim(s) _ _ is/are objected to.
8)0 Claim(s) _ _ are subject to restriction and/or election requirement.
Application Papers
9)0 The specification is objected to by the Examiner.
10)0 The drawing(s) filed on _ _ is/are: a)O accepted or b)O objected to by the Examiner.
. Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Attachment(s)
1) ~ Notice of References Cited (PTO-892) 4) 0 Interview Summary (PT0-413)
2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. _ _ .
3) 0 Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) 5) 0 Notice of Informal Patent Application (PTO-152)
Paper No(s)/Mail Date _ _. 6) 0 Other: _ _.
.(.0 ()
Application/Control Number: 09/843,923 Page 2
Art Unit: 2142
DETAILED ACTION
3. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
(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.
4. Claims 18-33 are rejected under 35 U.S.C. 103(a) as being unpatentable over
Wolff (U.S. 6,247,047) in view of Unold et al. (U.S. 2002/0055880 A1), hereinafter
referred to as Unold.
5. Regarding claims 18,26, and 28, Wolff discloses the use of a standard company
logo (col. 8, lines 35-40), associating one or more search terms with the company logo
(col. 8, lines 43-48), uploading the company logo to a web page (col. 8, lines 38-40),
receiving a user selection of the company logo (col. 8, lines 58-62), and providing
search results relating to the logo in response to the user selection (col. 9, lines 1-7).
Wolff discloses the main idea of using a company logo, being able to modify the
company logo, and associating a search term along with it, but does not explicitly
disclose in the modifying step of modifying the standard company logo to become a
special event logo. However, Unold discloses the ability and method of altering a
standard company logo to become a special event logo in accordance with a special
Application/Control Number: 09/843,923 Page 3
Art Unit: 2142
event (Page 1, column 2, paragraph [0007]). One of ordinary skill in the art would have
found it useful to combine the method of modifying a standard company logo to become
a special event logo as disclosed by Unold because Unold provides a method wherein
correspond with market and sales trends (Page 1, column 2, paragraph [0007]). It is for
this reason that one of ordinary skill in the art at the time of the applicant's invention
would have been motivated to implement the methods of modifying a company logo as
disclosed by Unold and combine them with the standard company logo displaying
6. Regarding claims 19 and 20, Unold discloses the ability to modify the logo with
animated images, video, and audio data (page 3, column 2, paragraph [0047], lines 9-
13). The motivation used to combine Wolff and Unold in the rejection of claim 18
7. Regarding claim 21, Unold discloses'the special event including a holiday (page
1, column 1, paragraph [0007]). The motivation used to combine Wolff and Unold in the
8. Regarding claim 22, Wolff discloses the use of a search term but Wolff does not
explicitly disclose the search term being related to the special event because Wolff does
not explicitly disclose the step of modifying a company logo to become a special event
logo as explained in the rejection of claim 18. It would have been obvious to one of
ordinary skill in the art at the time of the applicant's invention to associate the search
term with the special event in the combination of Wolff and Unold because Wolff alone
Application/Control Number: 09/843,923 Page 4
Art Unit: 2142
associates the search term with the company logo, so in combination of Wolff and
Unold, the search term would have to be related to the special event logo in some sort
of way. It is. for this reason that one of ordinary skill in the art would have been
9. Regarding claim 23, Unold discloses the ability to schedule when a special event
combine Wolff and Unold in the rejection of claim 18 applies equally as well to claim 23.
10. Regarding claim 24, Wolff discloses the method of generating a search query
using the one or more search terms (col. 9, lines 1-8), using the search query to search
at least one of a network, ali index, or a directory (col. 9, lines 1-8), and obtaining
11. Regarding claim 25, Wolff discloses determining a home page for the web page
on a network (col. 8, lines 35-40) and identifying the standard company logo on the
home page (col. 8, lines 35-40), but does not explicitly disclose in the modifying step of
modifying the standard company logo to become a special event logo. However, Unold
discloses the ability and method of altering a standard company logo to become a
special event logo in accordance with a special event (Page 1, column 2, paragraph
[0007]). One of ordinary skill in the art would have found it useful to combine the
disclosed by Unold because Unold provides a method wherein company logos and
advertisements can be changed quickly and efficiently to correspond with market and
sales trends (Page 1, column 2, paragraph [0007]). It is for this reason that one of
Application/Control Number: 09/843,923 Page 5
Art Unit: 2142
ordinary skill in the art at the time of the applicant's invention would have been
Unold and combine them with the standard company logo displaying method disclosed
by Wolff.
12. Claim 27 contains similar subject matter and is rejected under the same rationale
13. Claim 29 contains similar subject matter and is rejected under the same rationale
as claim 19.
14. ·Claim 30 contains similar subject matter and is rejected under the same rationale
as claim 20.
15. Claim 31 contains similar subject matter and is rejected under the same rationale
as claim 21.
16. Claim 32 contains similar subject matter and is rejected under the same rationale
as claim 22.
17. Claim 33 contains similar subject matter and is rejected under the same rationale
as claim 24.
Response to Arguments
18. Applicant's arguments filed 02 May 2005 have been considered but are moot in
Conclusion
19. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
multiple recipients.
mass transit vehicles or stations or in electronic newspapers are provided with user
examiner should be directed to Benjamin A. Ailes whose telephone number is (571 )272-
3899. The examiner can normally be reached on M-F 7:30-5, First Friday Off.
supervisor, Andrew Caldwell can be reached on (571 )272-3868. The fax phone number
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
L~~
WTRIZ PRtETO
baa
PA1MARY EXAtJnNER
Application/Control No. Applicant(s)/Patent Under
Reexamination
09/843,923 BRIN, SERGEY
Notice of References Cited
Examiner Art Unit
Page 1 of 1
Benjamin A Ailes 2142
.F US-
G US-
H US-
I US-
J US-
K US-
L US-
M US-
T
NON·PATENT DOCUMENTS
* Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
.A copy of this reference IS not bemg furnished with this Office action. (See MPEP § 707.05(a).)
Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
u.s. Patent ard Trademark Office
PTO-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 20050719
Application/Control No. Applicant(s)/Patent under
Index of Claims Reexamination
I I IIII IIIIII ~ I
09/843,923 BRIN, SERGEY
Examiner Art Unit
(Through numeral)
Rejected - Non-Elected Appeal
"
= Allowed +
Cancelled
Restricted
N
I Interference
A
0 Objected
1 . 51 101
2 52 I'" 102
3 1'. 53 I:':' 103
I:·: I·:·
4 54 104
5 H 55 105
6 - :::. 56 106
7 - 57 107
8 - :::. 58 108
9 - 59 109
10 - 60 110
11 - .. : 61 111
12 62 112
13 . 63 113
14 64 114
15 65 115
16 - ::: 66 116
17 - ::. 67 117
18 ..J 68 118
l"§ -J 69 119
20 -J 70 120
21 -J 71 121
22 ..J 72 122
23 -J 73 123
24 ..J 74 124
25 -J 75 125
f~ ..J 76 126
71 -J 77 127
8) ..J 78 128
29 -J 79 129
30 -J 80 130
31 -J 81 131
32 ..J 82 132
33 -J 83 133
34 84 134
35 85 135
36 86 136
37 87 137
38 88 138
39 89 139
40 90 140
41 91 141
42 92 142
43 93 143
44 94 144
45 95 145
46 96 146
47 97 147
48 98 148
49 99 149
50 .: 100 150
I I IIII I I I I Examiner
Benjamin A. Ailes
Art Unit
2142
SEARCH NOTES
SEARCHED
(INCLUDING SEARCH STRATEGY)
Class Subclass Date Examiner DATE EXMR
INTERFERENCE SEARCHED
·:~8vt~s~~~~tf-~:~~MNe~~~~i~r:b~! ::e~~~~~:;;:!
.•• ~piid:ay.)::::·:~.~ .. ~~·~~!J!IIH;iJj; •. ::·<: i:~~~W$.~) :::::::::::':.::;'::: ... :';"::"::::.:::::':':"
.. .•••: '•••:.::•••:•••:..:.: ::.:.'.' .•••:•.• ·lBl'vtTDB:::.:··V·:.::.:.: I : ' :1
L14 36 11 and ((logo or banner or ad or US-PGPUB; OR ON 2005/07/1911:14
advertisement or sale or USPAT;
clearance) same (season$3 or EPO; JPO;
holiday» DERWENT;
IBM_TDB
. . . . . . -.. , il'~~d:«(i8gd.8t:'b~·~h~~)$~h1e.. .. ;·l)S~PGPLJBfl·;b·IRi:·l ..:: l:C)N::"/il':'id()5/oij1.9!i·l:i~· •
"<.:.,•..:.;.::. ;·ljSPAT;:··.·.·.··
•(seasbri$36r,holid~y»· :: .....:
:l:PO;)PO;I.:::> ::1> :.1 .:::: ••
............ ,..· :.1.·:>.:;·.'.::.::': ···oERWENt··II: :::11:1:;:1·:::.:: ·:· ·:·
!:j~MI"'t.>$.;·.:
:.. :... :: .••.. :...:.: ••• :.. ::.:.:.:.: •.•.. :.:.:.:.:.:.:.: •.. :.: •• •••.•••.•. :••1\ ••
I' .
·DERWENt),"·, :::: !"" . :: ..
..
IBM:TDB::>
~.. ::,,',.,.,,::: ...
... : .
!" .
.1·:".
L4 69 2 not 3 US-PGPUB; OR ON 2005/07/1910:36
USPAT;
EPa; JPO;
DERWENT;
IBM_TDB
........................... "".""."." . """""""""""''''''''1:::.::.:'.:;.:::::::::::::
" I::, '::L :::~:·~~n"~(Vi@:9.r·in~~rr.~t§r.$ite) .• · : ::QS~P(jP.LJB;::;F·(OR:R:>'·;'::rCiN·: ::I::2005!Q7/19'iO:35::
,. >:' ,,::
.':'
::::
: .. :
,. . . ,.
'.'.:.
:.:.
.;.:. . . •.• • • • • • ;••:.:.:.:.:.:.:.;.; ; ; ; :;:.:.; :; .:•. ;.; ; ; .; ;.;• :;i!~I;;;I!:!:!I!! I!!!I::I!!III'I: !':!·I :.: :;, ,,;.,:,':: •. . .
L2 90 1 and (web or internet or site) US-PGPUB; OR ON 2005/07/1910:35
USPAT;
EPa; JPO;
DERWENT;
IBM_TDB
: iJ~:'P'·":'.G.,.·
. ·u":",,,,·B··;:I:;'nll:,.,1:IJDNi
:USP,AT;:: p.·,.:. I::2d65/o7/i91o!3s::
...
... :.:,' ',: ... :
:.:::::,:::'
",: :,:' :,:.:.:.: :.:.:
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:PI;RWI;NT:> .:. ..... .... ..
." .,,,. :JaH:tos: .,. .:. I <: : : .: : :•. :. Y: II
In re Patent Application of )
)
Sergey Brin ) Group Art Unit: ~142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS )
A WEB SITE )
Sir:
AMENDED CLAIMS
Claims
Claims
To the extent necessary, a petition for an extension of time under 37 C.F.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
fees to such deposit account.
Amendment/Reply Transmittal Letter
Application Serial No. 09/843,923
Attorney's Docket No. 0026-0002
Page 3
The Commissioner is hereby authorized to charge any other appropriate fees that may be
required by this paper that are not accounted for above, and to credit any overpayment, to
Deposit Account No. 50-1070.
Respectfully submitted,
By: ~O<t=\ ;-
Paul A. Harrity
Reg. No. 39,574
In response to the Restriction Requirement, dated April 21, 2005, please amend this
application as follows:
This listing of claims will replace all prior versions, and listings, of claims in the application:
Listing of Claims:
1-17. (canceled)
18. (original) A method for enticing users to access a web page, comprising:
modifying a standard company logo for a special event to create a special event logo;
associating one or more search terms with the special event logo;
providing search results relating to the special event in response to the user selection.
19. (original) The method of claim 18, wherein the modifying a standard company
logo includes:
creating the special event logo by modifying the standard company logo with one or more
animated images.
20. (previously presented) The method of claim 18, wherein the modifying a standard
creating the special event logo by modifying the standard company logo with at least one
2
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
21. (original) The method of claim 18, wherein the special event includes a holiday.
22. (original) The method of claim 18, wherein the associating one or more search
terms includes:
23. (original) The method of claim 18, wherein the uploading the special event logo
includes:
displaying the special event logo on the web page during the special event.
24. (previously presented) The method of claim 18, wherein the providing search
results includes:
using the search query to search at least one of a network, an index, or a directory, and
25. (original) The method of claim 18, wherein the modifying a standard company
logo includes:
modifying the standard company logo with special event information to create the special
event logo.
3
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
executable by one or more processors to perform a method for attracting users to a web page,
comprising:
instructions for creating a special event logo by modifying a standard company logo;
instructions for associating at least one of a link or search results with the special event
logo;
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
instructions for providing the link or search results associated with the special event logo.
modify the standard company logo with special event information corresponding
replace the standard company logo with the special event logo during the special
event.
4
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
modifying the standard company logo with at least one of image, video, or audio data
associating one or more search terms with the special event logo;
providing search results relating to the special event in response to the detected selection.
29. (new) The computer-readable medium of claim 26, wherein the instructions for
instructions for modifying the standard company logo with one or more animated images.
30. (new) The computer-readable medium of claim 26, wherein the instructions for
instructions for modifying the standard company logo with at least one of video or audio
data.
31. (new) The computer-readable medium of claim 26, wherein the instructions for
instructions for modifying the standard company logo with information associated with a
holiday.
5
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
32. (new) The server of claim 27, wherein the processor is further configured to:
associate one or more search terms relating to the special event with the special event
logo.
33. (new) The server of claim 32, wherein the processor is further configured to:
6
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
REMARKS
The U.S. Patent and Trademark Office ("Patent Office") issued a restriction requirement
claims 1-17 without prejudice or disclaimer and reserves the right to pursue these claims in a
divisional application. Applicant also adds new claims 28-33. Claims 18-33 are pending.
With regard to the restriction requirement, the Patent Office required restriction to one of
the following inventions: Group I corresponding to claims 1-17 allegedly drawn to uploading a
story line to a web site, which is classified in class 709, subclass 218; and Group II
corresponding to claims 18-27 allegedly drawn to providing search results associated with a
special event logo that the user selected, which is classified in class 709, subclass 228. The
Patent Office alleged that the inventions of Groups I and II are related as subcombinations
Applicant selects Group II without traverse. Applicant submits that new claims 28-33
recite some features similar to features recited in the claims of Group II. Therefore, claims 28-33
requested.
7
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
To the extent necessary, a petition for an extension oftime under 37 C.F.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
induding extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
Respectfully submitted,
BY:Ts~~Paul A. Harrity
Reg. No. 39,574
8
----------- --------...
PA1ENT APPUCAnON FEE DI;TERMINAnON RECORD
. ..
.plication or Docket Number
+t35- OR <tl270=.
.JOTAL OR Aoorr. FEE..._ ....
ADDIT.FEE
ADOI- : .. : ADD1·
RATE lJONI'L RATE nOHAL'
FEE
'X$~ OR XS18=
X~.:. ., 0 R X80a
+135- 10R +270-
TOTAL
ADDIT.FEE
.. OR·~.FE:~_ _..
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATIORNEY DOCKET NO. CONFIRMAnON NO.
Please find below and/or attached an Office communication concerning this application or proceeding.
Status
Disposition of Claims
. 4)1:8:] Claim(s) 1-27 is/are pending in the application.
4a) Of the above claim(s) _ _ is/are withdrawn from consideration.
5)0 Claim(s) _ _ is/are allowed.
6)0 Claim(s) _ _ is/are rejected.
7)0 Claim(s) _ _ is/are objected to.
8)12:$;} Claim(s) 1-27 are subject to restriction and/or election requirement.
Application Papers
9)0 The specification is objected to by the Examiner.
10)0 The drawing(s) filed on _ _ is/are: a)O accepted or b)O objected to by the Examiner.
Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
11)0 The oath or declaration is objected to\ by the Examiner. Note the attached Office Action or form PTO-152.
Attachment(s)
1) 0 Notice of References Cited (PT0-892) 4) 0 Interview Summary (PT0-413)
2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. _ _ .
3) 0 Information Disclosure Statement(s) (PTO-1449 or PTO/SB/Oa) 5) 0 Notice of Informal Patent Application (PTO-152)
Paper No(s)/Mail Date _ _. 6) 0 Other: _ _.
DETAILED ACTION
Election/Restrictions
II. Claims 18-27, drawn to providing search results associated with a special
event logo that the user selected, classified in class 709, subclass 228.
The inventions are distinct, each from the other because of the following reasons:
in a single combination. The subcombinations are distinct from each other if they are
shown to be separately usable. In the instant case, invention I has separate utility such
as dynamically uploading different images to a web site, while invention II has separate
utility such as predefined search results for a link. See MPEP § 806.05(d).
3. Because these inventions are distinct for the reasons given above and the
search required for Group I is not required for Group II, restriction for examination
4. Because these inventions are distinct for the reasons given above and the
search required for Group II is not required for Group I, restriction for examination
examiner should be directed to Benjamin A. Ailes whose telephone number is (571 )272-
3899. The examiner can normally be reached on M-F 7:30-5, First Friday Off.
supervisor, Jack B. Harvey can be reached on (571 )272-3896. The fax phone number
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
Benjamin Ailes
Patent Examiner
Art Unit 2142
Application/Control No. Applicant(s)/Patent under
Search Notes Reexamination
Benjamin A. Ailes
BRIN, SERGEY
Art Unit
2142
SEARCH NOTES
SEARCHED
(INCLUDING SEARCH STRATEGY)
Class Subclass Date Examiner DATE EXMR
INTERFERENCE SEARCHED
(Through numeral)
..j Rejected - Cancelled N Non-Elected A Appeal
APPUCATION NUMBER PA1ENT NUMBER GROUP ART UNIT FH-E WRAPPER LOCATION
• Correspondence Address
• Power of Attorney
PTO INSTRUCTIONS:
Please take the following action when the correspondence address has been changed to a customer
number:
1) Add 'ADDRESS CHANGE TO CUSTOMER NUMBER' on the next available content line of
the File Jacket.
2) Put a line through the old address on the File Jacket and enter the Customer Number as the
new address.
3) File this Notice in the File Jacket.
Please take the following action when the correspondence address has NOT been changed:
1) File this Notice in the File Jacket
Patent
Attorney's Docket No. 0026-0002
In re Patent Application of )
)
Sergey Brin ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS )
A WEB SITE )
Sir:
... ',,'
. ,\.e
.P'I
/ t
AMENDED CLAIMS
Claims
Claims
To the extent necessary, a petition for an extension of time under 37 C.F.R. § 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension of time fees, to Deposit Account No. 50-1070 and please credit any excess
fees to such deposit account.
AmendmentJReply Transmittal Letter
Application Serial No. 09/843,923
Attorney's Docket No. 0026-0002
Page 3
The Commissioner is hereby authorized to charge any other appropriate fees that may be
required by this paper that are not accounted for above, and to credit any overpayment, to
Deposit Account No. 50-1070.
Respectfully submitted,
By:B Qt\%-
~
Paul A. Harrity
Reg. No. 39,574
)
)
SergeyBrin ) Group Art Unit: 2142
)
Application No.: 09/843,923 ) Examiner: B. Ailes
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS FOR )
ENTICING USERS TO ACCESS A )
WEB SITE )
AMENDMENT
In response to the non-final Office Action dated August 23,2004, please amend the
This listing of claims will replace all prior versions, and listings, of claims in the application:
Listing of Claims:
periodically uploading successive images, following the first image, to the web page
generating a plurality of images that tell a story according to the story line, the images
3. (Original) The method of claim 1, wherein the first image and the successive
4. (Original) The method of claim 1, wherein each of the first image and the
2
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
6. (Original) The method of claim 5, wherein the presenting the first image
includes:
7. (Currently Amended) The method of claim 6, wherein the first image and the
successive images are displayed near or with at least one of a company's logo [[and]] or an
advertisement.
10. (Original) The method of claim 1, wherein the first image and the successive
3
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
means for uploading a first image in a story line to the web page; and
means for periodically uploading successive images, following the first image, to the web
one or more processors to perform a method for attracting users to a web page, comprising:
instructions for uploading an initial object in a story line to the web page; and
instructions for periodically uploading successive objects, following the initial object, to
13. (Currently Amended) The computer-readable medium of claim 12, wherein the
initial and successive objects include at least one of animated images, video images, [[and]] or
audio information.
periodically upload successive objects, following the initial object, to the site
4
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
receiving a plurality of images that tell a story according to a story line; and
successively displaying the images on the site according to the story line.
16. (Original) The method of claim 15, wherein the successively displaying includes:
displaying a first one ofthe images on the site for a predetermined amount of
time, and
displaying next ones of the images on the site after each predetermined amount of
time.
17. (Original) The method of claim 15, wherein the successively displaying includes:
displaying a first one of the images on the site for a first amount oftime, and
displaying next ones of the images on the site for random amounts of time after
18. (Original) A method for enticing users to access a web page, comprising:
modifying a standard company logo for a special event to create a special event logo;
associating one or more search terms with the special event logo;
providing search results relating to the special event in response to the user selection.
19. (Original) The method of claim 18, wherein the modifying a standard company
5
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
logo includes:
creating the special event logo by modifying the standard company logo with one or more
animated images.
20. (Currently Amended) The method of claim 18, wherein the modifying a standard
creating the special event logo by modifying the standard company logo with at least one
21. (Original) The method of claim 18, wherein the special event includes a holiday.
22. (Original) The method of claim 18, wherein the associating one or more search
terms includes:
23. (Original) The method of claim 18, wherein the uploading the special event logo
includes:
displaying the special event logo on the web page during the special event.
24. (Currently Amended) The method of claim 18, wherein the providing search
results includes:
6
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
using the search query to search at least one of a network, an index, [[and]] or a directory,
and
25. (Original) The method of claim 18, wherein the modifying a standard company
logo includes:
modifying the standard company logo with special event information to create the special
event logo.
executable by one or more processors to perform a method for attracting users to a web page,
comprising:
instructions for creating a special event logo by modifying a standard company logo;
instructions for associating at least one of a link [[and]] or search results with the special
event logo;
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
instructions for providing the link or search results associated with the special event logo.
7
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
modify the standard company logo with special event information corresponding
replace the standard company logo with the special event logo during the special
event.
8
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Docket No. 0026-0002
REMARKS
In the non-final Office Action, the Examiner rejected claims 1-8, 10-16, 18-21,23, and
25-27 under 35 U.S.C. § 102(e) as anticipated by Freiberger et al. (U.S. Patent No. 6,034,652);
rejected claim 22 under 35 U.S.C. § 103(a) as unpatentable over Freiberger et al. in view of
Mukherjea et al. (U.S. Patent No. 6,317,740); rejected claim 24 under 35 U.S.c. § 103(a) as
unpatentable over Freiberger et al. in view of Coden et al. (U.S. Patent No. 5,873,080); and
rejected claims 9 and 17 under 35 U.S.C. § 103(a) as unpatentable over Freiberger et al. in view
Applicant respectfully traverses the Examiner's rejections under 35 U.S.C. §§ 102 and 103.
In paragraphs 2-25 of the Office Action, the Examiner rejected claims 1-8, 10-16, 18-21,
23, and 25-27 under 35 U.S.C. § 102(e) as allegedly anticipated by Freiberger et al. Applicant
A proper rejection under 35 U.S.c. § 102 requires that a single reference teach every
aspect of the claimed invention either expressly or impliedly. Any feature not directly taught
must be inherently present. In other words, the identical invention must be shown in as complete
detail as contained in the claim. See M.P.E.P. § 2131. Freiberger et al. does not disclose or
suggest the combination of features recited in claims 1-8, 10-16, 18-21,23, and 25-27.
Independent claim 1, for example, recites a method for enticing users to access a web
page, comprising uploading a first image in a story line to the web page; and periodically
9
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
uploading successive images, following the first image, to the web page according to the story
line.
Freiberger et al. does not disclose or suggest the combination of features recited in claim
1. For example, Freiberger et al. does not disclose or suggest uploading a first image in a story
line to a web page. Instead, Freiberger et al. discloses presenting information to a person in the
vicinity of a display device in a manner that engages the peripheral attention of the person (col. 2,
lines 2-4). Freiberger et al. discloses that the information is embodied as one or more sets of
content data that represent sensory data that is either video or audio data (col. 2, lines 20-22).
Freiberger et al. also discloses that images generated from the content data are displayed
Nowhere does Freiberger et al. disclose or suggest that an image in a story line is uploaded to a
The Examiner alleged that Freiberger et al. discloses uploading an image and cited
column 2, lines 28-34, of Freiberger et al. for support (Office Action, paragraph 4). Applicant
submits that the Examiner has not addressed the features of claim 1. Claim 1 does not merely
recite uploading an image, but instead recites uploading an image in a story line to a web site.
The disclosure of Freiberger et al. is deficient in at least two respects: (1) nowhere does
Freiberger et al. disclose or suggest that the images or content data that are presented to the user
are part of a story line; and (2) nowhere does Freiberger et al. disclose or suggest uploading the
With regard to (1), Freiberger et al. discloses that video data that might be used as the
content data includes advertisements, moving and still videos (e.g., nature scenes, pictures of
10
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
family members, MTV music segments, or video from a camera monitoring a specified location),
financial data, or news summaries (col. 7, lines 28-35). Nowhere does Freiberger et al. disclose
or suggest that the content data includes a first image in a story line, as required by claim 1.
With regard to (2), Freiberger et al. discloses that the content data is obtained by a content
display system and stored in a database in memory of the computer used to implement the
content display system (col. 21, lines 20-24). Freiberger et al. discloses that the content display
systems are implemented on user computers to provide the content data to the user (col. 2, lines
28-34; and col. 13, lines 43-48). Nowhere does Freiberger et al. disclose or suggest that the
Freiberger et al. also does not disclose or suggest periodically uploading successive
images, following the first image, to the web page according to the story line, as further required
by claim 1. The Examiner alleged that Freiberger et al. discloses periodically uploading
successive images and cited column 2, lines 28-34, of Freiberger et al. for support (Office
Action, paragraph 4). Applicant again submits that the Examiner has not addressed the features
of claim 1. Claim 1 does not merely recite periodically uploading successive images, but instead
recites periodically uploading successive images, following the first image, to the web page
according to the story line. As explained above, Freiberger et al. does not disclose uploading
For at least these reasons, Applicant submits that claim 1 is not anticipated by Freiberger
et al. Claims 2-8 and 10 depend from claim 1 and are, therefore, not anticipated by Freiberger et
al. for at least the reasons given with regard to claim 1. Claims 2-8 and 10 are also not
11
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U.S. Patent Application No. 09/843,923
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Claim 2, for example, recites generating a plurality of images that tell a story according to
the story line, where the images include the first image and the successive images; and storing
the images on a server associated with the web page. Freiberger et al. does not disclose or
The Examiner alleged that Freiberger et al. discloses generating a plurality of images and
storing the images on a server and cited column 3, lines 63·65, column 2, lines 22-25, and
column 14, lines 12-14, of Freiberger et al. for support (Office Action, paragraph 5). Applicant
submits that the Examiner has not addressed the features of claim 2. Claim 2 does not merely
recite generating a plurality of images and storing the images on a server, but instead recites
generating a plurality of images that tell a stOry according to the stOry line, where the images
include the first image and the successive images; and storing the images on a server associated
with the web page. In addition, the sections of Freiberger et al. identified by the Examiner do not
At column 3, lines 63-65, Freiberger et al. discloses "The content display system uses the
provided set of instructions to selectively display on the display device an image or images
generated from the provided content data." Nowhere in this section, or elsewhere, does
Freiberger et al. disclose or suggest generating a plurality of images that tell a story according to
At column 2, lines 22-25, Freiberger et al. discloses "Each set of content data is
formulated by a content provider and made available for use by an attention manager according
to the invention." Nowhere in this section, or elsewhere, does Freiberger et al. disclose or
suggest storing the images on a server associated with a web page, as required by claim 2.
12
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
At column 14, lines 12-14, Freiberger et al. discloses "The application manager 201,
content providing systems 202 and content display systems 203 can be implemented using
Freiberger et al. disclose or suggest storing the images on a server associated with a web page, as
required by claim 2.
For at least these additional reasons, Applicant submits that claim 2 is not anticipated by
Freiberger et al.
Claim 7 recites that the first image and the successive images are displayed near or with
at least one of a company's logo or an advertisement. Freiberger et al. does not disclose or
The Examiner alleged that Freiberger et al. discloses displaying a first image and
successive images near or with at least one of a company's logo and an advertisement and cited
column 7, lines 26-30, of Freiberger et al. for support (Office Action, paragraph 10). Applicant
disagrees.
At column 7, lines 26-30, Freiberger et al. discloses "The kinds of content data that can
be used with the attention manager are virtually limitless. For example, video data that might be
used as content data includes data that can be used to generate advertisements of interest to the
user ...." In other words, Freiberger et al. discloses that the content data may be advertisement
data. Contrary to the Examiner's allegation, this does not mean or suggest that the content data is
displayed near or with an advertisement, as would be required by claim 7, but instead that it is an
advertisement itself.
13
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
The Examiner further alleged that "[a]lthough Freiberger teaches the use of an
advertisement, he does not teach the use of a company logo. However, the use of a company
10). The Examiner's "inherency" argument falls short of meeting the burden of proof required to
According to M.P.E.P. § 2112, the fact that a certain result or characteristic may occur or
be present in the prior art is not sufficient to establish the inherency of that result or
characteristic. In relying upon the theory of inherency, the Examiner must provide a basis in fact
and/or technical reasoning to reasonably support the determination that the allegedly inherent
characteristic necessarily flows from the teachings of the applied prior art. Inherency cannot be
established by probabilities or possibilities. The mere fact that a certain thing may result from a
given set of circumstances is not sufficient. In this case, the Examiner's allegation does not meet
For at least these additional reasons, Applicant submits that claim 7 is not anticipated by
Freiberger et al.
Independent claims 11, 12, 14, and 15 recite features similar to features recited in claim 1.
Claims 11, 12, 14, and 15 are, therefore, not anticipated by Freiberger et al. for reasons similar to
reasons given with regard to claim 1. Claims 13 and 16 depend from claims 12 and 15,
respectively, and are, therefore, not anticipated by Freiberger et al. for at least the reasons given
Independent claim 18 recites a method for enticing users to access a web page,
comprising modifying a standard company logo for a special event to create a special event logo;
14
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
associating one or more search terms with the special event logo; uploading the special event
logo to the web page; receiving a user selection of the special event logo; and providing search
Freiberger et al. does not disclose or suggest the combination of features recited in claim
18. For example, Freiberger et al. does not disclose or suggest modifying a standard company
The Examiner alleged that Freiberger et al. discloses modifying a standard company logo
for a special event and cited column 7, lines 26-35, of Freiberger et al. for support (Office
The kinds of content data that can be used with the attention manager are virtually
limitless. For example, video data that might be used as content data includes data that can
be used to generate advertisements of interest to the user, moving and still video images
which can be real-time or pre-recorded (e.g., nature scenes, pictures of family members,
MTV music segments, or video from a camera monitoring a specified location, such as ski
slopes or a traffic intersection, for conditions at that location), financial data (e.g., stock
ticker infonnation) or news summaries.
Nowhere in this section, or elsewhere, does Freiberger et al. disclose or remotely suggest
modifying a standard company logo for a special event to create a special event logo, as required
by claim 18.
The Examiner also alleged that a "company logo modified for a special event is still
considered a type of content data described by the prior art" (Office Action, paragraph 18).
Applicant respectfully submits that the Examiner's allegation is flawed. For example, claim 18
does not merely recite a special event logo, but instead recites modifying a standard company
logo for a special event to create a special event logo. Freiberger et al. does not disclose or
remotely suggest this feature of claim 18. Further, the Examiner's allegation that a special event
15
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
logo falls under the content data disclosed by Freiberger et al. finds absolutely no support in the
Freiberger et al. also does not disclose or suggest associating one or more search terms
with the special event logo, as further recited in claim 18. The Examiner alleged that Freiberger
et al. discloses associating one or more search terms and cited column 27, lines 25-30, of
Freiberger et al. for support (Office Action, paragraph 18). Applicant disagrees.
Nowhere in this section, or elsewhere, does Freiberger et al. disclose or suggest associating one
or more search terms with a special event logo, as required by claim 18.
The Examiner also alleged that "[i]n order for information resources to be obtained, some
sort of information must be associated with the special event logo. Therefore, having
information associated with a special event logo is deemed inherent and the association of a
search term with the special event logo is considered an advantageous way of associating
information with a special event logo" (Office Action, paragraph 18). Applicant submits that the
As explained above, Freiberger et al. does not disclose or suggest modifying a standard
company logo for a special event to create a special event logo. Therefore, Freiberger et al.
cannot disclose or suggest associating anything with a special event logo. Further, the
Examiner's allegation that having information associated with a special event logo is deemed
inherent falls short of meeting the burden of proof that is required to establish inherency. The
16
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Examiner is invited to read M.P.E.P. § 2112 to discover what is required for an allegation based
on inherency. Also, the Examiner's allegation that associating a search term with a special event
logo is an advantageous way of associating information with a special event logo is a conclusory
Freiberger et al. also does not disclose or suggest uploading a special event logo to a web
page, as further recited in claim 18. The Examiner alleged that Freiberger et al. discloses
uploading a special event logo and cited column 2, lines 28-34, of Freiberger et al. for support
Once one or more sets of content data has been acquired, a content display system
integrates scheduling information for all sets of content data to produce a schedule
according to which an image or images corresponding to the sets of content data are
displayed on a display device associated with the content display system.
Nowhere in this section, or elsewhere, does Freiberger et al. disclose or suggest uploading
content data, let alone a special event logo, to a web page, as required by claim 18. Instead,
Freiberger et al. discloses that the content data is obtained by a content display system and stored
in a database in memory of the computer used to implement the content display system (col. 21,
lines 20-24).
Freiberger et al. also does not disclose or suggest providing search results relating to the
special event in response to a user selection of the special event logo, as further recited in claim
18. The Examiner alleged that Freiberger et al. discloses providing search results relating to the
special event and cited column 27, lines 25-30, of Freiberger et al. for support (Office Action,
17
PATENT
U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
Column 27, lines 25-30, of Freiberger et al. has been reproduced above. Nowhere in this
section, or elsewhere, does Freiberger et al. disclose or remotely suggest providing search results
relating to the special event in response to a user selection of the special event logo, as required
by claim 18.
For at least these reasons, Applicant submits that claim 18 is not anticipated by Freiberger
et al. Claims 19-21,23, and 25 depend from claim 18 and are, therefore, not anticipated by
Freiberger et al. for at least the reasons given with regard to claim 18.
Independent claim 26 recites features similar to features recited in claim 18. Claim 26 is,
therefore, not anticipated by Freiberger et al. for reasons similar to reasons given with regard t6
claim 18.
determine a home page for a web page on the network, identify a standard company logo on the
home page, modify the standard company logo with special event information corresponding to a
special event to create a special event logo, and replace the standard company logo with the
Freiberger et al. does not disclose or suggest the combination of features recited in claim
27. For example, Freiberger et al. does not disclose or suggest a processor configured to
determine a home page for a web page on the network, identify a standard company logo on the
home page, modify the standard company logo with special event information corresponding to a
special event to create a special event logo, or replace the standard company logo with the special
event logo during the special event. The Examiner alleged that Freiberger et al. discloses a
18
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
processor configured to perform these features and cited column 14, lines 19-20, of Freiberger et
At column 14, lines 19-20, Freiberger et al. discloses "a processing device (such as a
conventional microprocessor) .... " Nowhere in this section, or elsewhere, does Freiberger et al.
disclose or even remotely suggest a processor configured to determine a home page for a web
page on the network, identify a standard company logo on the home page, modify the standard
company logo with special event information corresponding to a special event to create a special
event logo, or replace the standard company logo with the special event logo during the special
The Examiner also alleged that "[r]eferring again to the package file presented by
Freiberger (column 21, lines 21-55), he teaches the use ofa package file in order to execute
updates to his system. Included in the package file is a network address (column 21, lines 33-35)
and update instructions for the content data (column 21, lines 50-55)" (Office Action, paragraph
25). Applicant submits that the Examiner's allegations do not address any of the features of
claim 18 and, therefore, are insufficient to establish a proper case of anticipation with regard to
claim 27.
For at least these reasons, Applicant submits that claim 27 is not anticipated by Freiberger
In paragraphs 27 and 28 of the Office Action, the Examiner rejected claim 22 under 35
U.S.C. § 103(a) as allegedly unpatentable over Freiberger et al. in view of Mukherjea et al.
19
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U.S. Patent Application No. 09/843,923
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Claim 22 depends from claim 18. Without acquiescing in the Examiner's rejection,
Applicant submits that the disclosure of Mukheriea et al. does not cure the deficiencies in the
disclosure of Freiberger et al. identified above with regard to claim 18. Therefore, claim 22 is
patentable over Freiberger et al. and Mukherjea et al., whether taken alone or in any reasonable
combination, for at least the reasons given with regard to claim 18.
In paragraphs 29 and 30 of the Office Action, the Examiner rejected claim 24 under 35
U.S.C. § 103(a) as allegedly unpatentable over Freiberger et al. in view of Coden et al. Applicant
Claim 24 depends from claim 18. Without acquiescing in the Examiner's rejection,
Applicant submits that the disclosure of Coden et al. does not cure the deficiencies in the
disclosure of Freiberger et al. identified above with regard to claim 18. Therefore, claim 24 is
patentable over Freiberger et al. and Coden et al., whether taken alone or in any reasonable
combination, for at least the reasons given with regard to claim 18.
In paragraphs 31 and 32 of the Office Action, the Examiner rejected claims 9 and 17
under 35 U.S.C. § 103(a) as allegedly unpatentable over Freiberger et al. in view of Glazman et
Claims 9 and 17 depend from claims 1 and 15, respectively. Without acquiescing in the
Examiner's rejection, Applicant submits that the disclosure of Glazman et al. does not cure the
deficiencies in the disclosure of Freiberger et al. identified above with regard to claims 1 and 15.
Therefore, claims 9 and 17 are patentable over Freiberger et al. and Glazman et al., whether
taken alone or in any reasonable combination, for at least the reasons given with regard to claims
1 and 15.
20
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U.S. Patent Application No. 09/843,923
Docket No. 0026-0002
In view of the foregoing amendments and remarks, Applicant respectfully requests the
Examiner's reconsideration of the application and the timely allowance of claims 1-27.
To the extent necessary, a petition for an extension oftime under 35 C.F.R. 1.136 is
hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
including extension oftime fees, to Deposit Account No. 50-1070 and please credit any excess
Respectfully submitted,
By:
:§H5?f=\£?;
Reg. No. 39,574
21
t
~
-------------------------.
PATENT APPLICAnON FEE DETERMINAnON RECORD
.plication or Docket Number
+135- OR +270=·
JOTAl.
ADDIT. FEE
OR'ADOIT.TOTAl
FEEa..-_.....
PRESENT.•
ADD1- ..... ADDI-
EXTRA RATE TIONAL RATE nONAL
+1~ OR +270=
,,
• If It! entry In column 1 Is lesslhan the entry In coJumn 2. wrtte V In column 3. TOTAL "''''!!T~O!'!!!TAl.!'!'"Io--''''
.. If the '\oOghest Number Pre'Jlously Pai:J Fo'" IN THIS SPACE Is Jess than 20. ntar "20.. ACDIT.FEE OR ADOJT: FEE ....--04
"'If \he "HlghesI Number PrevIously Paid Fot' IN THIS SPACE Is Jess Ihan 3, enter ~.
The ~gheSt Number Previously Paid ~ (ToIaI or Indep ndent) Is the highest nwnb r found In Ihe appropriate box In column , •
Defective images within this document are accurate representatIons ofthe original
documents submitted by the applicant.
Defects in the images include but are not limited to the items checked:
o BLACK BORDERS
o IMAGE CUT OFF AT TOP, BOTTOM OR SIDES
o FADED TEXT OR DRAWING
o BLURRED OR ILLEGmLE TEXT OR DRAWING
o SKEWED/SLANTED IMAGES
o COLOR OR BLACK AND WIDTE PHOTOGRAPHS
o GRAY SCALE DOCUMENTS
o LINES OR MARKS ON ORIGINAL DOCUMENT
o REFERENCE(S) OR EXHmIT(S) SUBMITTED ARE POOR QUALITY
o OTHER: -~~------------------
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
Please find below and/or attached an Office communication concerning this application or proceeding.
Status
Disposition of Claims
4)[8] Claim(s) 1-27 is/are pending in the application.
4a) Of the above claim(s) _ _ is/are withdrawn from consideration.
5)0 Claim(s) _ _ is/are allowed.
6)[8] Claim(s) 1-27 is/are rejected.
7)0 Claim(s) _ _ is/are objected to.
8)0 Claim(s) _ _ are subject to restriction and/or election requirement.
Application Papers
9)0 The specification is objected to by the Examiner.
10)[2J The drawing(s) filed on 30 Apri/2001 is/are: a)[2J accepted or b)O objected to by the Examiner.
Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a):
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Attachment(s)
1) [8J Notice of References Cited (PTO-892) 4) 0 Interview Summary (PTO-413)
2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. _ _ .
3) J&:! Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) 5) 0 Notice of Informal Patent Application (PTO-152)
Paper No(s)/Mail Date _ _. 6) 0 Other: _ _.
DETAILED ACTION
U.S.C. 102 that form the basis for the rejections under this section made in this
Office action:
(e) the invention was described in (1) an application for patent, published under section
122(b). by another filed in the United States before the invention by the applicant for patent or
(2) a patent granted on an application for patent by another filed in the United States before
the invention by the applicant for patent, except that an international application filed under
the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an
application filed in the United States only if the international application designated the United
States and was published under Article 21 (2) of such treaty in the English language.
The content provider mentioned in the prior art ads as the server for the
attention manager, or the client. It is deemed inherent for the content provider
Application/Control Number: 09/843,923 Page 3
Art Unit: 2142
server to include space to store the content being this is where the content data
is provided.
image and the successive images include animated images (column 6, lines 56-
64)
image and the successive images include a series of animated images (column
, 6, lines 56-64).
meaning the content providers (the servers) send the content display system (the
wherein the first image and the successive images are displayed near or with at
teach the use of a company logo. However, the use of a company logo in
lines 38-42).
12. As per claim 10 in accordance with claim 1, Freiberger teaches the first
image and the successive images including video images (column 6, lines 57-
64).
lines 63-65).
14. As per claim 13 in accordance with claim 12, Freiberger teaches the use
at least one of animated images, video images, and audio information (Column 6,
lines 56-64).
16. As per claim 15, Freiberger teaches a method for attracting users to a site
on a network, comprising:
26-35).
-associating one or more search terms ... (column 27, lines 25-30).
must be associated with the special event logo. Therefore, having information
-providing search results relating to the special event... (column 27, lines
25-30).
-creating the special event logo by modifying the standard company logo
-creating the special event logo by modifying the standard company logo
with at least one of video and audio data (column 6, lines 56-64).
21. As per claim 21 in accordance with claim 18, Freiberger teaches wherein
Although holiday is not explicitly stated, the scope of the prior art
language, "the kinds of content data that can be used ... are virtually limitless,"
22. As per claim 23 in accordance with claim 18, Freiberger teaches the
-displaying the special event logo on the web page... (column 4, lines 47-
55).
23. As per claim 25 in accordance with claim 18, Freiberger teaches the
make updates to certain data content. One key characteristic of the package file
is the association with a network address, which can include a home page.
Computer graphics are known to evolve over the years to become more pleasing
to the human eye. A package file used by Freiberger in order to make updates to
medium that stores instructions (column 21, lines 20-25) executable by one or
-instructions for creating a special event logo... (column 21, lines 25-28).
-instructions for associating at least one of... (column 27, lines 18 and 25-
30).
-instructions for uploading the special event logo... (column 21, lines 54-
55).
-instructions for receiving a user selection ... (column 27, lines 30-32).
-instructions for providing the link or search results ... (column 27, ines 25-
30).
update content data. Included in this package file are instructions on what needs
25. As per claim 27, Freiberger teaches the use of a server connected to a
network, comprising:
Application/Control Number: 09/843,923 Page 8
Art Unit: 2142
to:
lines 21-55), he teaches the use of a package file in order to execute updates to
his system. Included in the package file is a network address (column 21, lines
33-35) and update instructions for the content data (column 21, lines 50-55).
26. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for
(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.
28. Freiberger fails to teach a method wherein the special event logo is
search term relating to a special event logo (column 4, lines 34-36). It would
Application/Control Number: 09/843,923 Page 9
Art Unit: 2142
have been obvious to one of ordinary skill in the art at the time of applicant's
invention to associate a keyword search term with a special event logo in order to
30. Freiberger fails to teach a search engine method when searching using a
-uses the search query to search ... (column 3, lines 26-30 and 33-36).
It would have been obvious to one of ordinary skill in the art at the time of
6,264,555).
32. Freiberger fails to teach the periodically uploading of images after random
displays images, including text, video displays, graphics, animations, live action
video, or any other material capable of display on a video display. Glazman et al.
disclose the displaying of these images done at random times (column 4, lines
17-20 and 22-28). It would have been obvious to one of ordinary skill in the art at
Application/Control Number: 09/843,923 Page 10
. ,
Art Unit: 2142
the time of applicant's invention to use random time parameters when displaying
Conclusion
33. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
show.
browser.
Vanechanos, Jr. (U.S. 5,884,309) discloses an order entry system for the
Internet.
Reber et al. (U.S. 5,995,105) disclose methods and systems for providing
computer.
Application/Control Number: 09/843,923 Page 11
Art Unit: 2142
multi-media presentations.
Dom et al (U.S. 6,166,735) disclose a video story board user interface for
data objects.
5:00).
examiner's supervisor, Jack Harvey can be reached at (703) 305-9705. The fax
assigned is (703)308-5358.
· ' .
Application/Control Number: 09/843,923 Page 12
Art Unit: 2142
for published applications may be obtained from either Private PAIR or Public
Private PAIR only. For more information about the PAIR system, see http://pair-
free).
those under 35 U.S.C. 132 or which otherwise require a signature, may be used
exchanged unless the record includes a properly signed express waiver of the
confidentiality requirements of 35 U.S.C. 122. This is more clearly set forth in the
Interim Internet Usage Policy published in the Official Gazette of the Patent and
is (703)305-3900.
baa
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~;B.HARVEY
SUPERVISORY PATENT EXAMINER
SHEET - OF
IIII~I~IIII~II~II~IIII~IIIII J~
AnORNEY'S OKT No. ApPLICATION No.
0026·0002 UnassiQned p
INFORMATION
a.11~
ApPLICANT(S)
26615
-:11~.{;
DISCLOSURE PAlmI IIJoJEl4I.l.KOFl'lCl!
Sergey BRIN
FILING DATE GROUP
CITATION April 30. 2001 Unassigned
:i~
.~
PTO·1449
U.S. PATENT DOCUMENTS
EXAMINER'S FILING
INITIALS PATENT NO. DATE NAME CLASS SUBCLASS DATE
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I US-
J US-
K US-
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M US-
Q .
R
NON·PATENT DOCUMENTS
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u.S. Patent and Trademark Office
PTO-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 1
fILE COpy
WWW.USplo.gO\l
(Through numeral)
..J Rejected N Non-Elected Appeal
Cancelled A
Beniamin A Ailes
Art Unit
2142
SEARCH NOTES
SEARCHED
(INCLUDING SEARCH STRATEGY)
Class Subclass Date Examiner DATE EXMR
INTERFERENCE SEARCHED
Defective images within this document are accurate representations of the original
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o LINES OR MARKS ON ORIGINAL DOCUMENT
o REFERENCE(S) OR EXHmIT(S) SUBMITTED ARE POOR QUALITY
Q OTHER: ~~ _
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3 Proposal of a classifier of images collected in the World Wide Web
Oliveira, Cl.S.; de A Araujo, A.; Severiano, c.A., Jr.; Gomes, D.R.;
Computer Graphics and Image Processing, 2001 Proceedings of XIV Brazilian
Symposium on , 15-18 Oct. 2001
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Terms used image and web and company and logo Found 15,185 of 140,980
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1 QQmQ~tlti'lE:LggV:Qn19g~Qnth~VVQrIQVV:iQ~-'l.V~p.:~_W~Qm9~§t~r~.§g1Jjg~ •
Merrill E. Warkentin
October 1995 ACM SIGAPP Applied Computing Review, Volume 3 Issue 2
Full text available: 'Illt<:!f(ZZ9,Q1K6) Additional Information: IlJJLGiteJiQQ. ~bs1mg. jm:l~xJ~Im~
As the importance of the World Wide Web continues to grow, firms are seeking innovative
ways to leverage the technology for competitive advantage. Firms are implementing web-
based systems for internal and external information dissemination and for digital
interactivity, including commerce. This paper highlights some of these uses of the web and
addresses managerial and technical considerations when initiating a web site project, both
on the server side and client side of the web. The focus is on ...
Keywords: digital commerce, internet security, intranet, web design, web server
http://portal.acm.org/results.cfm?coll==ACM&dl==ACM&CFID==25397107&CFTOKEN=533... 8/10/04
.Results (page 1): image and web and company and logo Page 2 of6
6 ItlEu)erf~cL~~g[Cb_~_Og_io~j~J1QtJ;lnQJJgh:_Cl__$tl.tqy_QfQrjeot~eILr:lgJ2ehgyiQLjrr<:lj rected ..
search
Jaime Teevan, Christine Alvarado, Mark S. Ackerman, David R. Karger
April2004 Proceedings of the 2004 conference on Human factors in computing
systems
Full text available: IIp.gK?.~.?J~ ...KI2} Additional Information: f!JJ.LcitQtiQ.IJ.. QP$tf1=lC!. mf?ft::lIJ.C?$, iD..Qt::l.~J?fm$
This paper presents a modified diary study that investigated how people performed
personally motivated searches in their email, in their files, and on the Web. Although earlier
studies of directed search focused on keyword search, most of the search behavior we
observed did not involve keyword search. Instead of jumping directly to their information
target using keywords, our participants navigated to their target with small, local steps
using their contextual knowledge as a guide, even when the ...
8 o.e~igOingtWQ.oQnPfQfitYYep~it~Qnle.§$JbCln$:}QQ!,tSp_~Ye.ClLeClCO
Carl Stieren, Zbigniew Rachniowski
October 1996 Proceedings of the 14th annual international conference on Systems
documentation: Marshaling new technological forces: building a
corporate, academic, and user-oriented triangle
Full text available: "III odf(915.29 KB) Additional Information: full citation, references, index terms
11~~GlJJity-jn.mQQH~_~Qmmw}iG91i9J1_$:9_h9JJ~ng~§.9.r.v;LQQQQtllJJ]ili~§ ..
Audun J0sang, Gunnar Sanderud
January 2003 Proceedings of the Australasian information security workshop
conference on ACSW frontiers 2003 - Volume 21
Full text available: .pgf(l1Z,Q4K6) Additionallnformation:fl,lllgJJ§.tiQD, QQ§tmgL r~J~r.!'l.nG!2$., inq~~J~r.m§
The nature of mobile communication, characterised for example by terminals haVing poor
user interface and limited processing capacity, as well as complex combination of network
protocols, makes the design of security solutions particularly challenging. This paper
discusses some of the difficulties system architects are faced with as well as some
advantages mobile networks offer when designing security solutions for mobile
communication.
12 !:jG8~t1QY\l;.Q.iGtQIi9L9.lJtbQ[itY$~_9IGh.QyhYQ_~rJjnk§Qnth~\lYEtR
Ronny Lempel, Aya Soffer
April 2001 Proceedings of the tenth international conference on World Wide Web
Full text available: "IIIpqf(93.~.,]Z.Ke.l Additional Information: fI,lILGltg!iQD, [~f~[!:'JJG~§', GiHO.9§, LOQ§xJ1=1[lJ1§
Keywords: hubs and authorities, image hubs, image retrieval, link structure analysis
http://portal.acm.org/results.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8110/04
Results (page I): image and web and company and logo Page 4 of6
FUll text available: 'II pdf(436.32 KB) Additional Information: fJJJLcitgJiQD. 91:>~1m.g, r.~f~Jsm.Qe$..ing!:)Xler.m$..
relLl~w.
We describe PicASHOW, a fully automated WWW image retrieval system that is based on
several link-structure analyzing algorithms. Our basic premise is that a page p displays (or
links to) an image when the author of p considers the image to be of value to the viewers of
the page. We thus extend some well known link-based WWW page retrieval schemes to the
context of image retrieval.PicASHOW's analysis of the link structure enables it to retrieve
relevant images even when those ...
Keywords: Image retrieval, hubs and authorities, image hubs, link structure analysis
14 Blink response, visual attention, and the www: Visual attention to repeated internet
imag~$:Je~tinglI1EL$c:;gnQgthJlleQr:y_9---D_ttl~'v"JQrL(twlcl~~el::>
Sheree Josephson, Michael E. Holmes
March 2002 Proceedings of the symposium on Eye tracking research & applications
FUll text available: 'IIpQfLQ2L3.5Kfll Additional Information: ft,JIL~l@JiQIJ, 9R$.1r.9J:;t, r.~f~JenG.e.$..G.iJilJg$.
Keywords: Eye movement, Internet imagery, World Wide Web, eye tracking, optimal
matching analysis, scanpath, sequence comparison, string editing
15f;qiling.QoJineclQC:;\Jrnent$;Ihepe.[$!Jg$iyeQQWeLQfQ?tnQ§.Jo.e:C:;.Qmmerc:;eWep...cl.e.$jgn; . .
a new area for research
Wendy Winn
September 2000 Proceedings of IEEE professional communication society international
professional communication conference and Proceedings of the 18th
annual ACM international conference on Computer documentation:
technology & teamwork
FUll text available:" pdf(298.51 KB) Additional Information: full citation, abstract, references
In a matter of months, we have witnessed the meteoric rise and fall of e-commerce. Now
that the dust is settling, it is time toexamine how some companies are succeeding where
others have failed. In this paper I suggest that good web design is vital to e-business and
that pathos (emotional appeal) plays a key role in a design's persuasive power. Advertisers
have long understood this concept. As e-commerce attempts to revolutionize the business
world, let class rhetoric serve as the theoretical f ...
http://portal.acm.org/results.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8/10/04
.Results (page 1): image and web and company and logo Page 5 of6
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..9.nlinS:LP~nneL~(jv~rti§~m~nt?..:.?.1Jg.~J~:LY..Y~.5mim~t~?.
Michelle E. Bayles
April2002 Proceedings of the SIGCHI conference on Human factors in computing
systems: Changing our world, changing ourselves
Full text available: 11 pdf(336.77 KB) Additional Information: full citation, abstract, references, citings, index
. terms
A common medium for advertising on the Internet is the use of banner ads. This study
investigates recall and recognition of animated banner advertisements in an attempt to
identify design guidelines. It was hypothesized that animation would increase recall and
recognition of novel ads by increasing user awareness. No significant relationships were
found between the use of animation and ability to recall and recognize banner ads. Results
indicate that animation does not enhance user memory of onl ...
18yv~p~nd.e..::-J~],J§jn~§§~ppHG.~tjQn;JJ.§~L~q~pJiY.~G..Qnt~ntd.§Hv§ry.JJJeG..h~ni§mQnJb.e. . .
world wide web
Tadashi Nakano, Kaname Harumoto, Shinji Shimojo, Shojiro Nishio
March 2002 Proceedings of the 2002 ACM symposium on Applied computing
Full text available: 1I.pdf(1.00 MB) Additional Information: full citation, abstract, references, index terms
To reduce the user-perceived latency in web content delivery, many techniques have been
. proposed. One is a transmission time control mechanism that automatically adjusts the
quality of inline objects, such as images on a web page, according to the client network
bandwidth. Another is a transmission order control mechanism that can transmit inline
objects in a specified order preferred by users. In this paper, we describe the development
of a user adaptive content delivery mechanism that integrat ...
Keywords: HTTP extension, WWW, content adaptation, content delivery, quality of service,
transmission order control, transmission time control, user profile
19LQG~1j4~tLQn_Qtwej;LGQntent
Daniel Brandon
December 2001 Journal of Computing Sciences in Colleges, Volume 17 Issue 2
http://portal.acm.org/results.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8/10/04
~ . . .Results (page 1): image and web and company and logo Page 60f6
The ACM Portal is published by the Association for Computing Machinery. Copyright © 2004 ACM, Inc.
I~rm§glJ)$.~g"'1 Ertvacy Policy CQge olEthic~ CgntagjJ)§
http://portal.acm.org/results.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8/10/04
'Results (page 1): story and web and logo Page 1 of6
1 CQnt~xt.=9.\N.~[~j{V~p.JD.fQn:n~tiQn.Sy~t.e.m§ iii
Aleksander Binemann-Zdanowicz, Roland Kaschek, Klaus-Dieter Schewe, Bernhard Thalheim
January 2004 Proceedings of the first Asian-Pacific conference on Conceptual
modelling - Volume 31
Full text available:" pdf(4.13.81 KB) Additional Information: full citation, abstract, references
Apart from completeness usability, performance and maintainability are the key quality
aspects for Web information systems. Considering usability as key implies taking usage
processes into account right from the beginning of systems development. Context-
awareness appears as ,a promising idea for increasing usability of Web Information Systems.
In the present paper we propose an approach to context-awareness of Web Information
Systems that systematically distinguishes among the various important k ...
26.IO~Qg~.?..Lm~.w'§
. naylg..~lL9.n . . ~.$i0.9 . . ?...tQ..ry_§e.gm~ntq1iolJ. iii
Andrew Merlino, Daryl Morey, Mark Maybury
November 1997 Proceedings of the fifth ACM international conference on Multimedia
Full text available: • .pqf.C1. ..Z2M6J Additional Information: f!.!!L!::lt;;:l,tjoo, L~feI~Oc:;el?, ,c:;W..Ogl?, io..d.e.~...tenI!.~.
3 Designing two nonprofit Web sites on less than $350 US per year each
Carl Stieren, Zbigniew Rachniowski
October 1996 Proceedings of the 14th annual international conference on Systems
documentation: Marshaling new technological forces: building a
corporate, academic, and user-oriented triangle
Full text available: 'lDp9f(~15.Z~!S~} Additional Information: ft.J.Jlgi!il.JigQ, [~.fl:J.re!J ..9._~~, in9l:J.>.<.JE:WI!§
http://portal.acm.org/results.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8/10/04
'Results (page 1): story and web and logo Page 2 of6
6 Qi~GQlJr~~GIJ~§jQI.p.rQ~gG~§Ln~w~§.~gm~nj5:.!tiQn
Mark T. Maybury
August 1998
Full text available: • .pgf(~7.,lJ?I56.) Additional Information: full citation, abstract, references
II
Publisher Site .
This paper describes the design and application of time-enhanced, finite state models of
discourse cues to the automated segmentation of broadcast news, We describe our analysis
of a broadcast news corpus, the design of a discourse cue based story segmentor that builds
upon information extraction techniques, and finally its computational implementation and
evaluation in the Broadcast News Navigator (BNN) to support video news browsing,
retrieval, and summarization.
8 AnaJy?is.Qt§tlJggnt.v.v~.p' ..prQ"",,§ing_bJ:~b.f!vj.QLLmQJi~atiQn~fQu:t~jgnlng~nq._~vg.llJgtjng
Web sites
Eva M. Thury
September 1998 Proceedings of the 16th annual international conference on Computer
docu mentation
Full text available:" pdf(748.42 KBl Additional Information: full citation, references, citings, index terms
9 I~GbKnQwlegg_~:~ffiGj~ntlY ..~mqGQ§t:.~ffgGtjv~JY_§_lJQQQr:Ung_lJ$~r§
Amy Reeter, Todd Krupa
November 2002 Proceedings of the 30th annual ACM SIGUCCS conference on User
services
Full text available: 11 pdf(1.06 MB) Additional Information: full citation, abstract, references, index terms
For more than 20 years, the information technology organization at the University of
Missouri-Columbia (MU) published an on-campus newsletter. Content ranged from cute
http://portal.acm.org/results.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8/10/04
'Results (page 1): story and web and logo Page 3 of6
tidbits to pages of programming code for hard-core COBOL readers. Information & Access
Technology Services (IAT Services) identified several requirements for a publication focusing
on campus technology developments and increasing awareness of technology opportunities
and applications. The publication sought to be timely, cost-effec ...
12 8pplyingTuft~'§PJ:Incipl~~LQLLofQImC3JiQn d~$!9JltQ~r~C3ting_~ff~ctiY~YV~b_~it~§
Beverly B. Zimmermann
October 1997 Proceedings of the 15th annual international conference on Computer
docu mentation
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13E3liO~fesPQn_~Et_yi§1,lc:lI.J!tt~ntjQn,-am:l.Jb_~_wy.y.\~L:_Vi§1J9.LC3it~ot!QnJQ_r~p~9.t~q.j.nt~In~t . .
images: testing the scanpath theory on the world wide web
Sheree Josephson, Michael E. Holmes
March 2002 Proceedings of the symposium on Eye tracking research &. applications
Full text available:" pdf(621.35 KB) Additional Information: full citation, abstract, references, citings
The somewhat controversial and often-discussed theory of visual perception, that of
scanpaths, was tested using Web pages as visual stimuli. In 1971, Noton and Stark defined
"scanpaths" as repetitive sequences offixations and saccades that occur upon re-exposure
to a visual stimulus, facilitating recognition of that stimulus. Since Internet users are
repeatedly exposed to certain visual displays of information, the Web is an ideal stimulus to
Keywords: Eye movement, Internet imagery, World Wide Web, eye tracking, optimal
matching analysis, scanpath, sequence comparison, string editing
14I?LJplj$htlJilQLR[Qgmmmingi:_~.fmm~wQ[!slQLth~_g?Y~lQPm~nt~Oc::LpI~$.~nt~liQ_I}J2f
work by children on the World Wide Web
Judy Keiner
August 1997 ACM SIGGRAPH Computer Graphics, Volume 31 Issue 3
Full text available: 11 pdf(227.50 KB) Additional Information: full citation, index terms
15CQPy[igbtJ9.v.v.mg~t$th~VVQ[Ic::LVVig~jtY~R
Matt Rosenberg
November 1995 Crossroads, Volume 2 Issue 2
Full text available: lilhJmJ(4~L~9KI?J Additional Information: flJJlgitatiQ!l,ir:ldex t.Em:D§
16 VV~p~it~i\n~IY$i$:Q~$ignin.9.Qnlln~.J2~Dn~r..~.c::tY~J:ti$.~m?nt$.:_.$hQLJJg..v.v.~. ~nim~t.??
Michelle E. Bayles
April2002 Proceedings of the SIGCHI conference on Human factors in computing
systems: Changing our world, changing ourselves
Full text available: 11 pdf(336.77 KB) Additional Information: f!J.ILGiti'!tiQIl, i'!P§.tfi'!Gt. fE:.lfE:.lfE:.lIJG.E:.l§', Gitinfl§, iIlq~~
te.r.m§.
A common medium for advertising on the Internet is the use of banner ads. This study
investigates recall and recognition or'animated banner advertisements in an attempt to
identify design gUidelines. It was hypothesized that animation would increase recall and
recognition of novel ads by increasing user awareness. No significant relationships were
found between the use of animation and ability to recall and recognize banner ads. Results
indicate that animation does not enhance user memory of onl ...
17 p'p';.I$$LJ?$Qt.Q.Qnt?nL~Dc:t§JILJG1LJr?fQL~.m.LJJti
Iin9-Ll91v.v.~b site ..
Shihong Huang, Scott Tilley
October 2001 Proceedings of the 19th annual international conference on Computer
docu mentation
Full text available: 11
pdf(391.88 KB) Additional Information: full citation, abstract, references, index terms
Most content on the Web today is in English, but the majority of the Earth's peoples speak
languages other than English. To reach a wider audience, future Web sites will have to be
multilingual, changing a Web site from one that is American-centric and single-language to
one that is globally-oriented and multilingual. While the challenges in creating and
maintaining a high-quality Web site in a single language are considerable, working with
multiple languages simultaneously creates special chall ...
http://portal.acm.orglresults.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8/10/04
'Results (page 1): story and web and logo Page 5 of6
Tom Brinck, Seunghee S. Ha, Nick Pritula, Kara Lock, Alfred Speredelozzi, Mike Monan
June 2003 Proceedings of the 2003 conference on Designing for user experiences
Full text available: 11 pdf(446.93 KB) Additional Information: full citation, abstract, references
The University of Michigan Business School went through a substantial redesign in 2002--
2003 of their site of over 3,000 pages, with a focus on increased ease of use, clean,
professional design, improved branding, reduction of Web sprawl, and integration of their
public site with their intranet, called 1 iMpact.! The site serves a range of users with varying
needs, including faculty, students, staff, alumni, prospective students, media, and
recruiters.Our redesign process was ground ...
19EQQ!,I$ingOOJI$~I:JO:PfQ9~tQtI~J~liQn$hip$:Gl[I$~.$$R~~_~.g~rneq~$ign~r$;_~.'.51[~m~ iiiII
baseline research
Carrie Heeter, Brian Winn, Rhonda Egidio, Punya Mishra, Norm Lownds
June 2003 Proceedings of the 2003 conference on Designing for user experiences
Full text available:" pdf(131.12 KB) Additional Information: full citation, abstract, references
This NSF-funded two-year research project explores gender and age differences in attitudes
toward technology, space exploration, game design, and learning from games. In addition to
rigorously testing the proposition that all-girl design teams will envision substantively
different education game experiences than all-boy design teams, this project will prOVide
extremely elaborate baseline research to inform future design of highly entertaining learning
games.By June 2003, we will have spent five ...
20InfQ[m~liQnB~triev~J:.lmQroYLng_Q$§lJqQ:LeleY~nQ~fe§gbaQl<jn_""eQ.infQXIDC3JioD
retrieval using web page segmentation
Shipeng Yu, Deng Cai, Ji-Rong Wen, Wei-Ying Ma
May 2003 Proceedings of the twelfth international conference on World Wide Web
Full text available: 1Ipgf(2Z!?,$iLKl?i Additional Information: :ation, abstract, references, citings, index
http://portal.acm.org/results.cfm?coll=ACM&dl=ACM&CFID=25397107&CFTOKEN=533... 8110/04
· . ' 'Results (page 1): story and web and logo Page 60f6
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ImUll m Iml ~IIIIIIUO ~llm~ 1I11~~ ~I~ DOIml CONFIRMATION NO. 9916
Bib Data Sheet
In re Patent Application of )
SergeyBRIN
)
) Group Art Unit: Unknown
RECEIVED
)
Application No.: 09/843,923 ) Examiner: Unknown AUG 3 0 2001
)
Filed: April 30, 2001 ) TechnOlogy Center 2100
)
For: SYSTEMS AND METHODS ) OFFICE OF INITIAL PATENT EXAMINATION
FOR ENTICING USERS TO )
ACCESS A WEB SITE )
Sir:
In reviewing our files, we find that we have not received an Official Filing Receipt for the above-identified
application. A copy of the official receipt card stamped by the Patent Office is attached.
It is respectfully requested that the Commissioner furnish an Official Filing Receipt for this application.
Respectfully submitted,
26615
By't~Q~~Paul A. Harrily
Reg. No. 39,574
Docket No.: 0026-0002 Working Any: PAH Date: April 30, 200 I
Title:· SYSTEMS AND METHODS FOR ENTICING USERS TO ACCESS A WEB SITE
The following was/were received in the U.S. Patent and Trademark Office on the date stamped hereon:
I8l Utility Patent Application I8l Executed DeclarationIPower of Attorney I8l Check for $ 1.236,00 is enclosed
o Design Patent o Unexecuted Declarati'onIPower of Attorney I8l Check for $ 40.00 is enclosed
o Continuing Prosecution App. Reg. I8l Request for Non-Publication of Application
o Provisional Application Cover Sheet I8l Assignment/Assignment Recordation (PTO-1595)
o Provisional Application o Claim for Convention Priority w/# cefl. copYOes)
o ContinuationlDivisional App. (Rule) o Preliminary Amendment
1.53(b» with copy of application o lnforma'tion Disclosure Statement Transmittal
I8l Information Disclosure Statement w/2 reference(s)
APPLICATION INCLUDING: I8l Information Disclosure Citation (PTO-1449)
I8l specification (23 pages) o Petition for # Month Extension of Time
I8l claims (27 claims) o Constructive Petition for Extension of Time 11111111111111111111111111111111111-
UTILITY PATENT
APPLICATION TRANSMITTAL LETTER
Sir:
Enclosed for filing is the utility patent application of Sergey BRIN for SYSTEMS AND
METHODS FOR ENTICING USERS TO ACCESS A WEB SITE.
o claim for foreign priority under 35 U.S.C. §§ 119 and/or 365 is 0 hereby made to
'"".
_ filed in _ on_;
o in the declaration;
o a certified copy of the priority document;
o a General Authorization for Petitions for Extensions of Time and Payment of Fees;
o applicant(s) is/are entitled to Small Entity Status;
~an Assignment document and Assignment Recordation Cover Sheet;
1ZI an Information Disclosure Statement and PTO-1449; and 2 references.
lZI The filing fee has been calculated as follows 0 and in accordance with the enclosed
preliminary amendment:
CLAIMS
:~~
Ifmultiple dependent claims are presented, add $270.00
o This application is being filed without a filing fee. Issuance of a Notice to File Missing Parts
of Application is respectfully requested.
[gj A check in the amount of $1,236.00 (application filing fee and claims fees) is enclosed for
the fee due.
lZI A check in the amount of $ 40.00 (Assignment Recordation fee) is enclosed for the
fee due.
~ The Commissioner is hereby authorized to charge any appropriate fees under 37 C.F.R. §§
1.16, 1.17, and 1.21 that may be required by this paper, and to credit any overpayment, to
Deposit Account No. 50-1070. This paper is submitted in duplicate.
Respectfully submitted,
1111111111111111111111111111111111\
HARRITY & SNYDER, L.L.P.
26615
In re Patent Application of )
)
SergeyBRIN ) Group Art Unit: Unassigned
)
Application No.: Unassigned ) Examiner: Unassigned
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS )
FOR ENTICING USERS TO )
ACCESS A WEB SITE )
Sir:
hereby certifies that the invention disclosed in the attached application has not and will not be the
subject of an application filed in another country, or under a multilateral agreement, that requires
publication at eighteen months after filing. I hereby request that the attached application not be
I further understand that this non-publication request may be rescinded at any time and if
so, the application will be scheduled for publication at eighteen months from the earliest claimed
international agreement, that requires publication of applications eighteen months after filing, the
United States Patent and Trademark Office must be notified of such filing within forty-five (45)
days after the date of the filing of such foreign or international application. I also understand that
failure by applicant(s) to so notify the Patent and Trademark Office will result in abandonment
of this application.
Respectfully submitted,
UTILITY PATENT
APPLICATION TRANSMITTAL LETTER
Sir:
Enclosed for filing is the utility patent application of Sergey BRIN for SYSTEMS AND
METHODS FOR ENTICING USERS TO ACCESS A WEB SITE.
o claim for foreign priority under 35 U.S.C. §§ 119 and/or 365 is 0 hereby made to
'"".
_ filed in _ on_;
o in the declaration;
o a certified copy of the priority document;
o a General Authorization for Petitions for Extensions of Time and Payment of Fees;
o applicant(s) is/are entitled to Small Entity Status;
~an Assignment document and Assignment Recordation Cover Sheet;
1ZI an Information Disclosure Statement and PTO-1449; and 2 references.
lZI The filing fee has been calculated as follows 0 and in accordance with the enclosed
preliminary amendment:
CLAIMS
:~~
Ifmultiple dependent claims are presented, add $270.00
o This application is being filed without a filing fee. Issuance of a Notice to File Missing Parts
of Application is respectfully requested.
[gj A check in the amount of $1,236.00 (application filing fee and claims fees) is enclosed for
the fee due.
lZI A check in the amount of $ 40.00 (Assignment Recordation fee) is enclosed for the
fee due.
~ The Commissioner is hereby authorized to charge any appropriate fees under 37 C.F.R. §§
1.16, 1.17, and 1.21 that may be required by this paper, and to credit any overpayment, to
Deposit Account No. 50-1070. This paper is submitted in duplicate.
Respectfully submitted,
1111111111111111111111111111111111\
HARRITY & SNYDER, L.L.P.
26615
In re Patent Application of )
)
SergeyBRIN ) Group Art Unit: Unassigned
)
Application No.: Unassigned ) Examiner: Unassigned
)
Filed: April 30, 2001 )
)
For: SYSTEMS AND METHODS )
FOR ENTICING USERS TO )
ACCESS A WEB SITE )
Sir:
hereby certifies that the invention disclosed in the attached application has not and will not be the
subject of an application filed in another country, or under a multilateral agreement, that requires
publication at eighteen months after filing. I hereby request that the attached application not be
I further understand that this non-publication request may be rescinded at any time and if
so, the application will be scheduled for publication at eighteen months from the earliest claimed
international agreement, that requires publication of applications eighteen months after filing, the
United States Patent and Trademark Office must be notified of such filing within forty-five (45)
days after the date of the filing of such foreign or international application. I also understand that
failure by applicant(s) to so notify the Patent and Trademark Office will result in abandonment
of this application.
Respectfully submitted,
OF
SergeyBRIN
FOR
[0001) SYSTEMS AND METHODS FOR ENTICING USERS TO ACCESS A WEB SITE
[0003) This application claims priority under 35 U.S.c. § 119(e) based on U.S. Provisional
Application Serial No. 60/200,957, filed May 1,2000, the disclosure of which is incorporated
herein by reference.
[0006) The present invention relates generally to client-server networks and, more particularly,
to systems and methods that provide mechanisms for attracting users to a site on a network.
[0008] Today, many operators of web sites on the Internet use animated images, such as
animated Graphic Interchange Format (GIF) images, in web pages to make the web pages more
dynamic and visually appealing to users. The philosophy is that if the web pages are visually
appealing, then the users will visit the web site often.
[0009) There are disadvantages, however, to using animated images. For example, if a user
visits a site regularly, the user quickly begins to ignore the animated images. In other words,
although animated images can make web pages more appealing to users initially, they typically
1
Attorney Docket No. 0026-0002
[0010] With many web sites, it would be desirable to have users access the web site frequently.
Online businesses, for example, would benefit from having users (i.e., customers) return to their
web site on a regular basis. Additionally, web sites that display advertisements can obtain more
revenue from their advertisers if users regularly visit the web sites.
[0011] As a result, there exists a need for mechanisms that entice users to return to a web site
on a regular basis.
[0013] Systems and methods consistent with the present invention address this and other needs
through the use of an animated story line or a modified/customized company logo (" special event
logo") displayed on a web page. The story line may change periodically (e.g., hourly, daily, or
weekly) to entice users to repeatedly access the web page to view the next episode in the
changing story line. The special event logo may be provided for special occasions, such as
holidays and other special events. The special event logo may be selectable by a user and lead to
[0014] In accordance with the purpose of the invention as embodied and broadly described
perform a method for attracting users to a web page. The computer-readable medium includes
instructions for uploading an initial object in a story line to the web page and instructions for
2
Attorney Docket No. 0026-0002
periodically uploading successive objects, following the initial object, to the web page according
[0015] In another implementation consistent with the present invention, a server includes a
memory that is configured to store instructions and a processor. The processor is configured to
execute the instructions to upload an initial object in a story line to a site on a network and
periodically upload successive objects, following the initial object, to the site according to the
[0016] In yet another implementation consistent with the present invention, a method for
attracting users to a site on a network includes receiving a plurality of images that tell a story
according to a story line and successively displaying the images on the site according to the story
line.
[0017] In another implementation consistent with the present invention, a method for enticing
users to return to a web page includes receiving a plurality of objects that tell a story according to
a story line; providing a first one of the objects on the web page for a predetermined amount of
time; and providing next ones of the objects on the web page, each for the predetermined amount
[0018] In a further implementation consistent with the present invention, a method for enticing
users to access a web page includes modifying a standard company logo to create a special event
logo; associating one or more search terms with the special event logo; uploading the special
3
Attorney Docket No. 0026-0002
event logo to the web page; receiving a user selection of the special event logo; and providing
medium stores instructions executable by one or more processors to perform a method for
attracting users to a web page. The computer-readable medium includes instructions for creating
a special event logo by modifying a standard company logo; instructions for associating at least
one of a link and search results with the special event logo; instructions for uploading the special
event logo to the web page; instructions for receiving a user selection of the special event logo;
and instructions for providing the link or search results associated with the special event logo.
[0020] In yet another implementation consistent with the present invention, a server, connected
execute the instructions to determine a home page for a web page on the network, identify a
standard company logo on the home page, modify the standard company logo with special event
information corresponding to a special event to create a special event logo, and replace the
standard company logo with the special event logo during the special event.
[0022] The accompanying drawings, which are incorporated in and constitute a part ofthis
specification, illustrate an embodiment of the invention and, together with the description,
4
Attorney Docket No. 0026-0002
[0023] Fig. 1 is a diagram of an exemplary network in which systems and methods consistent
[0025] Fig. 3 is a diagram of an exemplary web page for a changing story line according to an
[0028] Fig. 6 is a flowchart of processing for enticing users to return to a web page using a
changing story line in accordance with an implementation consistent with the present invention;
[0029] Fig. 7 is a diagram of an exemplary web page for a special event logo according to an
[0030] Fig. 8 is an exemplary diagram of search results that may be provided in response to
selection of the special event logo of Fig. 7 according to an implementation consistent with the
present invention;
5
Attorney Docket No. 0026-0002
[0032] Fig. lOis a flowchart of processing for enticing users to return to a web page using a
special event logo in accordance with an implementation consistent with the present invention.
[0034] The following detailed description of the invention refers to the accompanying
drawings. The same reference numbers in different drawings identify the same or similar
elements. Also, the following detailed description does not limit the invention. Instead, the
[0035] Systems and methods consistent with the present invention entice users to return to a
web page by providing a changing animated story line and/or a special event logo on the web
page.
[0037] Fig. 1 is an exemplary diagram of a network 100 in which systems and methods
consistent with the present invention may be implemented. The network 100 may include
multiple clients 110 connected to multiple servers 120 via a network 130. The network 130 may
include a local area network (LAN), a wide area network (WAN), a telephone network, such as
the Public Switched Telephone Network (PSTN), an intranet, the Internet, a similar or dissimilar
network, or a combination ofnetworks. Four clients 110 and three servers 120 have been
illustrated as connected to network 130 in Fig. 1 for simplicity. In practice, there may be more or
6
Attorney Docket No. 0026-0002
[0038] The clients 110 may include devices, such as wireless telephones, personal computers,
personal digital assistants (PDAs), lap tops, etc., threads or processes running on these devices,
and/or objects executable by these devices. The servers 120 may include server devices, threads,
and/or objects that operate or maintain web sites in a manner consistent with the present
invention. The clients 110 and servers 120 may connect to the network 130 via wired, wireless,
or optical connections.
[0039] Fig. 2 is an exemplary diagram of a server 120 in an implementation consistent with the
present invention. The server 120 may include a bus 210, a processor 220, a main memory 230,
a read only memory (ROM) 240, a storage device 250, one or more input devices 260, one or
more output devices 270, and a communication interface 280. The bus 210 may include one or
more conductors that permit communication among the components of the server 120.
[0040] The processor 220 may include any type of conventional processor or microprocessor
that interprets and executes instructions. The main memory 230 may include a random access
memory (RAM) or another dynamic storage device that stores information and instructions for
execution by the processor 220. The ROM 240 may include a conventional ROM device or
another type of static storage device that stores static information and instructions for use by the
processor 220. The storage device 250 may include a magnetic and/or optical recording medium
[0041] The input devices 260 may include one or more conventional mechanisms that permit
an operator to input information to the server 120, such as a keyboard, a mouse, a pen, voice
7
Attorney Docket No. 0026-0002
recognition and/or biometric mechanisms, etc. The output devices 270 may include one or more
conventional mechanisms that output information to the operator, including a display, a printer, a
speaker, etc. The communication interface 280 may include any transceiver-like mechanism that
enables the server 120 to communicate with other devices and/or systems. For example, the
communication interface 280 may include mechanisms for communicating with another device
[0042] As will be described in detail below, a server 120, consistent with the present invention,
provides an animated story line and/or a special event logo on a web page to entice users to
return to the web site on a regular basis. The server 120 may perform this task in response to
memory 230. A computer-readable medium may be defined as one or more memory devices
[0043] The software instructions may be read into memory 230 from another computer-
readable medium, such as the data storage device 250, or from another device via the
communication interface 280. The software instructions contained in memory 230 causes
processor 220 to perform processes that will be described later. Alternatively, hardwired
processes consistent with the present invention. Thus, the present invention is not limited to any
8
Attorney Docket No. 0026-0002
[0045] Fig. 3 is a diagram of an exemplary web page 300 maintained by a server 120 according
to an implementation consistent with the present invention. The web page 300 may include a
company logo 310 and one or more animated objects 320. The animated objects 320 may
include images, video, and/or audio information and may be strategically located on the web
page 300 to draw users' attention to one or more portions of the web page 300, such as the
[0046] According to implementations consistent with the present invention, the server 120 may
update the animated objects 320 periodically, such as hourly, daily, weekly, etc., according to an
animated story line. For example, the server 120 may periodically upload a new animated object
consistent with the present invention. In this example, the story line 400 involves aliens that
steal a company's logo and includes five animated images 410-450. The animated image 410
represents the beginning of the story and shows an alien spacecraft approaching the company
logo. The animated image 420 shows the alien spacecraft landing on the company logo and an
alien inspecting the logo. The animated image 430 shows the aliens leaving their spacecraft to
further inspect the company logo. The animated image 440 shows the aliens hauling away the
company logo with their spacecraft. Finally, the animated image 450 shows the company logo
9
Attorney Docket No. 0026-0002
[0048] Fig. 5 is a diagram of another exemplary story line 500 according to an implementation
consistent with the present invention. In this example, the story line 500 involves the founding
fathers celebrating the Fourth of July and includes four animated images 510-540. The animated
image 510 represents the beginning of the story and shows the founding fathers executing the
Declaration of Independence. The animated image 520 shows the founding fathers celebrating
the execution of the Declaration of Independence with a cook-out. The animated image 530
shows the founding fathers watching fireworks that have the effect of removing the color from a
company's logo. Finally, the animated image 540 shows one of the founding fathers repainting
[0050] Fig. 6 is a flowchart of processing for enticing users to return to a web page using a
changing story line according to an implementation consistent with the present invention.
Processing may begin with the generation of animated objects for a story line [act 610]. The
animated objects may be generated using conventional techniques and software and stored as a
single object file or as multiple object files on the server 120 (Fig. 1). The object file(s) may be
downloaded to the server 120 at one time or over a period of time using, for example, a
[0051] When at least the first animated object in the story line is completed, the first animated
object may be uploaded to the web page [act 620]. The first animated object may then be
viewable or accessible on the web page via a network, such as network 130. Then after a
10
Attorney Docket No. 0026-0002
predetermined or random amount of time, such as an hour, day, week, etc., the next animated
object in the story line may be uploaded to the web page [act 630]. If there are more animated
objects to be loaded [act 640], these objects may be uploaded to the web page after each passing
of the predetermined or random amount of time [act 630]. lfno more animated objects remain
[act 640], it may be determined whether another story line is to be presented [act 650]. If another
story line is to be presented, then processing may continue at act 610 with the generation of the
animated objects for that story line. If no other story line is to be presented, processing may end.
[0052] The foregoing processing may be performed automatically by the server 120 or one or
more devices connected directly or indirectly (i.e., via a network) to the server 120.
Alternatively, some of the acts may be performed by one or more human operators.
[0053] Also, while systems and methods have been described for presenting animated objects
of a story, other types of information may be presented to entice users to return to a web page.
For example, video data, audio data, and/or a series of pictures may be used. It has also been
described that a single animated object may be uploaded to the web page periodically and
presented (e.g., displayed) for a predetermined or random amount of time. Alternatively, a series
of animated objects may be uploaded and presented at the same time to form a sort of cartoon
[0055] Fig. 7 is a diagram of an exemplary web page 700 maintained by a server 120 according
to an implementation consistent with the present invention. The web page 700 may include a
11
Attorney Docket No. 0026-0002
special event logo 710. The special event logo 710 may include a standard company logo 720
modified or customized with one or more animated objects 730. The animated objects 730 may
include images, video, and/or audio information and may be strategically located next to or
integrated with the logo 720 to draw users' attention to the company's name or, perhaps, an
advertiser's display.
[0056] According to implementations consistent with the present invention, the server 120 may
provide the special event logo 710 for holidays and other special events. For example, the
[0057] The server 120 may also provide one or more search terms, one or more links to a
document, or search results relating to the special event logo 710. Therefore, when a user selects
(e.g., clicks on) the special event logo 710, the server 120 may provide a page of a document,
such as a web site, or search results relating to the holiday or special event for which the special
event logo 710 was provided. In the example shown in Fig. 7, selection ofthe special event logo
710 may lead to a page containing search results relating to Valentine's Day.
[0058] Fig. 8 is an exemplary diagram of search results that may be provided in response to
selection of the special event logo 710 according to an implementation consistent with the
present invention. As shown, the search results contain links to one or more documents relating
to Valentine's Day.
implementations consistent with the present invention. In the example 910, a company logo is
12
Attorney Docket No. 0026-0002
modified with a leprechaun's pot of gold for Saint Patrick's Day. In the example 920, a company
logo- is modified with animated characters celebrating New Year's Day. In the example 930, a
company logo is modified with a turkey for Thanksgiving. In the example 940, a company logo
is modified with a voter's button for Election Day. Finally, in the example 950, a company logo
[0061] Fig. lOis a flowchart of processing for enticing users to return to a web page using a
special event logo according to an implementation consistent with the present invention.
Processing may begin with the generation of a modified or customized company logo [act 1010].
A standard company logo on a web site, for example, may be modified or customized with one or
more animated objects for a special occasion, such as a holiday or special event. The animated
object(s) may be separate from the company logo or may be integrated therewith. The special
event logo may be generated using conventional techniques and software and stored as a single
object file or as multiple object files on the server 120 (Fig. 1). The object fi1e(s) may be
downloaded to the server 120 at one time or over a period oftime using, for example, a
[0062] To generate a modified or customized logo, the server 120 may identify a home page
for a document, such as a web site, on a network, such as the Internet. The server 120 may then
locate the standard logo used on the home page to identify the operator of the web site. The
server 120 may modify the standard logo with one or more animated objects.
13
Attorney Docket No. 0026-0002
[0063] The server 120 may associate one or more search terms with the special event logo [act
1020]. For Valentine's Day, for example, the search terms of "valentine's day" may be associated
with the special event logo. In an alternative implementation consistent with the present
invention, the server 120 may associate a document, such as a web page, or search results with
[0064] The server 120 may upload the special event logo to the web page [act 1030]. For
example, the server 120 may upload the special event logo when the special occasion
corresponding to the special event logo occurs. The server 120 may leave the special event logo
on the web page for one or more days corresponding to the special occasion or may periodically
change the special event logo during the one or more days of the special occasion.
[0065] At some point, a user may select the special event logo by, for example, clicking on the
logo using an input device, such as a mouse [act 1040]. Ifuser selection occurs, the server 120
may use the associated search term(s) to generate a search query. The server 120 may use the
search query to search an index, a directory, or a network, such as the Internet. The server 120
may then provide search results relating to the special event logo to the user [act 1050].
[0066] In an alternative implementation, the server 120 uses the document or search results
previously associated with the special event logo as the search results relating to the special event
logo. In this case, the server 120 may simply retrieve the document or search results from
memory.
14
Attorney Docket No. 0026-0002
[0067] The foregoing processiIig may be performed automatically by the server 120 or one or
more devices connected directly or indirectly (i.e., via a network) to the server 120.
Alternatively, some of the acts may be performed by one or more human operators.
[0068] Also, while systems and methods have been described for using one or more animated
objects to modify or customize a company logo, other types of information may be used to entice
users to return to a web page. For example, video and/or audio data may be used.
[0069] CONCLUSION
[0070] Systems and methods consistent with the present invention provide mechanisms to
entice users to return to a web page by presenting animated objects that change in time to tell a
story and/or a company logo modified or customized for a special occasion. In this manner,
users are encouraged to access the web page to view the story and/or the special event logo.
[0071] The foregoing description of preferred embodiments of the present invention provides
illustration and description, but is not intended to be exhaustive or to limit the invention to the
precise form disclosed. Modifications and variations are possible in light of the above teachings
or may be acquired from practice of the invention. For example, while series of acts have been
described with regard to Figs. 6 and 10, the order of the acts may be modified in other
[0072] The scope of the invention is defined by the claims and their equivalents.
15
Attorney Docket No. 0026-0002
WHAT IS CLAIMED IS
periodically uploading successive images, following the first image, to the web page
generating a plurality of images that tell a story according to the story line, the images
3. The method of claim 1, wherein the first image and the successive images include
animated images.
4. The method of claim 1, wherein each of the first image and the successive images
16
Attorney Docket No. 0026-0002
6. The method of claim 5, wherein the presenting the first image includes:
7. The method of claim 6, wherein the first image and the successive images are
10. The method of claim 1, wherein the first image and the successive images include
video images.
17
Attorney Docket No. 0026-0002
means for uploading a first image in a story line to the web page; and
means for periodically uploading successive images, following the first image, to the web
instructions for uploading an initial object in a story line to the web page; and
instructions for periodically uploading successive objects, following the initial object, to
13. The computer-readable medium of claim 12, wherein the initial and successive
objects include at least one of animated images, video images, and audio information.
periodically upload successive objects, following the initial object, to the site
18
Attorney Docket No. 0026-0002
receiving a plurality of images that tell a story according to a story line; and
successively displaying the images on the site according to the story line.
16. The method of claim 15, wherein the successively displaying includes:
displaying a first one of the images on the site for a predetermined amount of
time, and
displaying next ones of the images on the site after each predetermined amount of
time.
17. The method of claim 15, wherein the successively displaying includes:
displaying a first one of the images on the site for a first amount of time, and
displaying next ones of the images on the site for random amounts of time after
modifying a standard company logo for a special event to create a special event logo;
associating one or more search terms with the special event logo;
19
Attorney Docket No. 0026-0002
providing search results relating to the special event in response to the user selection.
19. The method of claim 18, wherein the modifying a standard company logo
includes:
creating the special event logo by modifying the standard company logo with one or more
animated images.
20. The method of claim 18, wherein the modifying a standard company logo
includes:
creating the special event logo by modifying the standard company logo with at least one
21. The method of claim 18, wherein the special event includes a holiday.
22. The method of claim 18, wherein the associating one or more search terms
includes:
23. The method of claim 18, wherein the uploading the special event logo includes:
displaying the special event logo on the web page during the special event.
20
Attorney Docket No. 0026-0002
24. The method of claim 18, wherein the providing search results includes:
using the search query to search at least one of a network, an index, and a directory, and
25. The method of claim 18, wherein the modifying a standard company logo
includes:
modifying the standard company logo with special event infonnation to create the special
event logo.
instructions for creating a special event logo by modifying a standard company logo;
instructions for associating at least one of a link and search results with the special event
logo;
instructions for uploading the special event logo to the web page;
instructions for receiving a user selection of the special event logo; and
21
Attorney Docket No. 0026-0002
instructions for providing the link or search results associated with the special event logo.
modify the standard company logo with special event information corresponding
replace the standard company logo with the special event logo during the special
event.
22
Attorney Docket No. 0026-0002
[0073] ABSTRACT
[0074] A system provides a periodically changing story line and/or a special event company
logo to entice users to access a web page. For the story line, the system may receive objects that
tell a story according to the story line and successively provide the objects on the web page for
predetermined or random amounts oftime. For the special event company logo, the system may
modify a standard company logo for a special event to create a special event logo, associate one
or more search terms with the special event logo, and upload the special event logo to the web
page. The system may then receive a user selection of the special event logo and provide search
23
100~
110
!J..;;...L!Iilllll!l
120
CLIENT
CLIENT
~ t / SERVER
110 / "V'
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ill
WEll '~
120
~
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130 ~ --x--
CLIENT =
"""'---
SERVER
~
110 / ~
120
CLIENT
SERVER
FIG. 1
120~
INPUT DEVICES
• ,
• •
PROCESSOR
"-- BUS
210
COMMUNICATION 220
INTERFACE .-
~
280
FIG.2
300
§§~~~~
IBOOKMARKS IYJ LOCATION: Ihttp://WWW.Google.com ---------IYJ
310~ A-..-/320
~
ADVANCED SEARCH - LANGUAGE, DISPLAY, & FILTERING OPTIONS
I I
GOOGLE INDEX: 1,060,000,000 WEB PAGES
IYJ
DOCUMENT DONE
FIG. 3
400~
Google~' . ~410
"
·G:.'4"'0,"
. . :;,u:\lol-'··'"e'
~,
c . :SC"ci) ~420
'>". ~
~~+ '
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,~\,
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'''' '. •, ,or'" '. ' ,".
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'
, : i ~,':- re ~430
~440
~450
FIG. 4
500~
- vt.
-" ..
'<',tj ~530
:=
~ :::=:
~540
FIG. 5
GENERATE ANIMATED OBJECTS
610
FOR STORY LINE
YES
640
NO
YES
650
NO
FIG. 6
700~
GOOGLE WEB SITE [;)~f8]
-FILE -EDIT -VIEW -
GO -
WINDOW HELP
~§~~~~
IBOOKMARKS IYI LOCATION: Ihttp://www.Google.comlYl
~
710 '---A...
730~
..
ADVANCED SEARCH - LANGUAGE, DISPLAY, & FILTERING OPTIONS
I I
GOOGLE INDEX: 1,060,000,000 WEB PAGES
lYl
DOCUMENT DONE
FIG.7
700
GOOGLE WEB SITE [;]~~
FILE EDIT VIEW GO WINDOW HELP
[g§~~~~
IBOOKMARKS ~ LOCATION: Ihttp://www.Google.com ~
I Searched the web for valentine's day. Results 1-50 of about 1,060,000. Search took 0.63 seconds
I~
Category: Society> Holidays> Valentine's Day
FIG. 8
~910
~930
Geogle'"
~",
Ah-/940
FIG. 9
START
GENERATE MODIFIED/
1010
CUSTOMIZED LOGO
ASSOCIATE SEARCH
TERM(S) WITH MODIFIED/ 1020
CUSTOMIZED LOGO
UPLOAD MODIFIED/CUSTOMIZED
1030
LOGO TO WEB PAGE
NO
1040
YES
FIG. 10
Received: 4/27/01 5:08PM; -> 5714320800; Page 4
Page I of3
As a below named inventor, I hereby declare that my residence, post office address and citizenship are as stated
below next to my name; I believe I am the original, first and sole inventor (if only one name is listed below) or an
original, first and joint inventor (ifplural names are listed below) ofthe subj ect matter which is claimed and for
which a patent is sought on the invention entitled: SYSTEMS AND METHODS FOR ENTICING USERS TO
ACCESS A WEB SITE. the specification ofwhich 0 was filed _or ~ is attached hereto.
I hereby state that I have reviewed and understand the contents ofthe above-identified specification, including tbe
claims, as amended by any amendment referred to above. I acknowledge the duty to disclose information which is
material to the examination of this application in accordance with Title 37, Code ofFederal Regulations, § 1.56.
I hereby claim foreign priority benefits under 35 U.S.C. § 119(a)-(d) or § 365(b) ofany foreign application(s) for
patent or inventor's certificate or § 365(a) of any PCT international application(s), designating at least one country
other than the United States, listed below and have also identified below any foreign application(s) for patent or
inventor's certificate, or any PCT international application(s) having a filing date before that of the application(s) of
which priority is claimed:
I hereby claim the benefit under 35 U.S.C. § 119(e) of any United States provisional application(s) listed below:
I hereby claim the benefit under 35 U.S.C. § 120 of any United States application(s) or § 365(c) of any PCT
international application(s) designating the United States, listed below and, insofar as the subject matter of each of
the claims of this application is not disclosed in the prior United States or PCT international application(s) in the
manner provided by the first paragraph of35 U.S.C. § 112, I acknowledge the duty to disclose information which is
material to patentability as defined in 37 CFR § 1.56 which became available between the filing date of the prior
application(s) and the national or PCT international filing date of this application:
Received: 4/27/01 5:08PM; -> 5714320800; Page 5
1 04/2112001 FRI 14:08 FAX GOOGLE INC. @I 005/016
Page 2 00
I hereby appoint the following attorney anellor agent(s) to prosecute this application and transact all business in the
Patent and Trademark Office connected therewith. HARRITY & SNYDER, L.L.P.; Paul A Harrity, Reg.
No. 39,574; Glenn Snyder, Reg. No. 41,428; John E. Harrity, Reg. No. 43,367; Tony M. Cole, Reg. No. 43,417;
Brian E. Ledell, Reg. No. 42,784; and Alan Pedersen-Giles, Reg. No. 39,996; all of
I hereby declare that all statements made herein of my own knowledge are true and that all statements made on
infonnation and belief are believed to be true; and further that these statements were made with the knowledge that
willful false statements and the like so made are punishable by fine or imprisonment, or both, under section 1001 of
Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the
application or any patent issuing thereon.
Received: 4/27/01 5:08PM; -> 5714320800; Page 6
• 04/27./2001 FRI 14: 09 FAX GOOGLE INC. 141 006/016
Page 3 of3
PTO-1556
(5/87)
·U.S. GPO: 2000-466-987139595
.plication or Docket Number
PATENT APPLICATION FEE DETERMINATION RECORD
Effective October 1, 2000
PRESENT. ,
ADDI- ADDI- .
EXTRA RATE TIONAL RATE TIONAL
FEE FEE
Total * Minus ** = X$ 9= OR X$18=
Ind pendent * Minus *** =
X40=.. .' X80='
FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM oR 1--_--11--_--1
+135= OR +270=
TOTAL .. TOTAL
ADDIT. FEE OR ADDIT. FEE...._ _..
/
+135= . OR' +270= ~
• If th entry in column 1 is less than the entry in column 2, write "0. in column 3. TOTAL TOTAL
•• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, nter "20: AOOIT. FEE OR ADOlf: FEE ...._ _..
·*·11 the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3:
The "Highest Number Previously Paid For" (Total or Indep ndent) is the highest numb r found in the appropriate box in column 1.
CLAIMS
ASALED
AFTER
1.1 AMENDMENT
AFTER
2nd AMENDMENT
* I" I"
IND. DEP. IND. DEP. IND. DEP. IND. DEP. IND. DEP. IND. DEP.
1 I 51
2 I 52
3 I 53
4 I 54
5 / 55
6 I 56
7 I 57
8 58
9 ; 59
10 j 60
11 I 61
12 I 62
13 I 63
14 I 64
15 / 65
16 I 66
17 / 67
18 I 68
19 69
20 J 70
21 71
22 / 72
23 I 73
24 J 74
25 I 75
26 / 76
27 I n
28 78
29 79
30 80
31 81
32 82
33 83
34 84
35 85
36 86
37 87
38 88
39 89
40 90
41 91
42 92
43 93
44 94
45 95
46 96
47 97
48 98
49 99
50
TOTAL
IND.
TOTAL
9.
•• •
•
• •
100
TOTAL
IND•
TOTAL
,• -.' .'
DEP.
TOTAL
/'/ DEP.
U.S.DEPARTMENT OF COMMERCE
FORM PT().2022 (1-98) Paten! and TrademaJ1< 0fIlce
In re Patent Application of )
)
Sergey BRIN ) Group Art Unit: Unassigned
)
Application No.: Unassigned ) Examiner: Unassigned
)
Filed: April 30, 2001 )
)
Title: SYSTEMS AND METHODS )
FOR ENTICING USERS TO )
ACCESS A WEB SITE )
Sir:
Pursuant to 37 C.F.R. §§ 1.56 and 1.97(b), App1icant(s) bring to the attention of the
Examiner the documents listed on the attached PTO 1449. This Information Disclosure
Statement is being filed before the mailing date of a first Office Action in the above-referenced
application. As such, no certification or fee is required. Copies of the listed documents are
attached.
Applicant(s) respectfully request(s) that the Examiner consider the listed documents and
indicate that they were considered by making appropriate notations on the attached form.
lnfonnation Disclosure Statement Under 37 C.F.R. § 1.97(b)
Application Serial No. Unassigned
Attorney's Docket No. 0026-0002
Page 2
If any copending application(s) is/are cited on the attached PTO 1449, the Examiner's
assignee and/or applicant of the application(s) do not waive confidentiality of the application(s).
Accordingly, the U.S. Patent and Trademark Office is requested to maintain the confidentiality
This submission does not represent that a search has been made and does not constitute
an admission that each or all of the listed documents are material or constitute "prior art." If the
Examiner applies any of the documents as prior art against any claim in the application and
Applicant(s) detennine(s) that the citedodocument(s) do not constitute "prior art" under United
States law, Applicant(s) reserve(s) the right to present to the Office the relevant facts and law
Applicant(s) further reserve(s) the right to take appropriate action to establish the
patentability of the disclosed invention over the listed documents, should one or more of the
If there is any fee due in connection with the filing of this Statement, please charge the
Respectfully submitted,
IIII~I~IIII~IIIIIIIIIIIIIIIIIIII J~
ATTORNEY'S DKT No. ApPLICATION No.
0026-0002 Unassigned p
INFORMATION
CI.~I~
ApPLlCANT(S)
DISCLOSURE
26615 Sergey BRIN ·~o
~!I!ln !JJoJ:El4I.J.XCJlllllI:l!
"11~i
FILING DATE GROUP
CITATION ~~o
April 30. 2001 Unassigned cD M
~W
PTO·1449
EXAMINER'S FILING
INITIALS PATENT NO. DATE NAME CLASS SUBCLASS DATE
EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609; draw line through citation if not in
conformance and not considered. Include copy of this form with next communication to applicant(s).