Ex Parte Whitman et al - Page 6




               Ex parte WHITMAN (2003-1404)                                                                 Paper 23                 
               Application No. 09/532,230                                                                     Page 6                 
                               A system for assisting users in conducting searches of a database,                                    
                       comprising:                                                                                                   
                               a first component which maintains a log reflecting search query                                       
                       submissions of a plurality of users and reflecting post-search actions performed by                           
                       the users with respect to associated query result items;                                                      
                               a second component which selects search queries from the log and stores                               
                       selected search queries in a data structure for subsequent look-up, wherein the                               
                       second component selects a search query from the log based at least in-part on a                              
                       usefulness of the search query as reflected by the post-search actions performed by                           
                       users who submitted that search query; and                                                                    
                               a third component which is responsive to a search query submission of a                               
                       user by selecting at least one related search query from the data structure, and                              
                       suggesting the at least one related search query to the user;                                                 
                               whereby the system uses actions of prior users of the search engine to                                
                       assist current users of the search engine in conducting searches.                                             
                       While a "whereby" clause must be evaluated on a case-by-case basis, Griffin v. Bertina,                       
               285 F.3d 1029, 1033, 62 USPQ2d 1431, 1434 (Fed. Cir. 2002), it is not limiting when, as here, it                      
               simply states the results of the previous limitations, Lockheed Martin Corp. v. Space Sys./Loral,                     
               Inc., 324 F.3d 1308, 1319, 66 USPQ2d 1282, 1290 (Fed. Cir. 2003).                                                     
       [28]    With regard to claim 43, the examiner says only (Paper 11 at 4):                                                      
                               The elements of claims 28, 36, and 43 are rejected in the analysis above,                             
                       and these claims are rejected on that basis.                                                                  
       [29]    The examiner appears to rely on Bowman at 2:47-63 for the disclosure of the first component,                          
               the log reflecting post-search actions by users.                                                                      
       [30]    The cited portion of Bowman requires the correlation table to be set to reflect current tastes of                     
               recent users, but it does so by regenerating the table periodically rather than by processing post-                   
               search activity.                                                                                                      






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