Ex Parte Whitman et al - Page 7




               Ex parte WHITMAN (2003-1404)                                                                 Paper 23                 
               Application No. 09/532,230                                                                     Page 7                 
       [31]    Whitman initially argued (Paper 12 at 7, original emphasis):                                                          
                               In fact, Bowman does not disclose or suggest any analysis or use of post-                             
                       search actions of users as a basis for selecting particular queries or phrases to                             
                       suggest to users.                                                                                             
       [32]    Bowman does in fact teach analysis and use of post-search activities (at 11:12-29):                                   
                       In addition, the amount by which the correlation scores are incremented may be                                
                       increased or decreased depending on different kinds of selection actions                                      
                       performed by the users on items identified in query results. These may include                                
                       whether the user displayed additional information about an item, how much time                                
                       the user spent viewing the additional information about the item, how many                                    
                       hyperlinks the user followed within the additional information about the item,                                
                       whether the user added the item to his or her shopping basket, and whether the                                
                       user ultimately purchased the item. For example, a given query submission can be                              
                       counted twice (such as by incrementing the correlation score by two) if the user                              
                       subsequently selected an item from the query result page, and counted a third time                            
                       if the user then purchased the item or added the item to the shopping basket.                                 
                       These and other types of post-search activities reflect the usefulness of the query                           
                       result, and can be extracted from the query log 135 using well-known tracing                                  
                       methods.                                                                                                      
       [33]    In reply (Paper 15 at 2, emphasis added), Whitman argues:                                                             
                       The portion of Bowman cited by the Examiner discloses generating the correlation                              
                       table 137 from a most recent set of query submissions stored in the query log, so                             
                       that this table (and thus the search terms suggested to users) will strongly reflect                          
                       the current tastes of users.  This portion of Bowman does not suggest analyzing                               
                       the post-search actions of users to evaluate the usefulness of the search phrases or                          
                       queries submitted by such users.                                                                              
                               The portion of Bowman most closely related to this feature is col. 11,                                
                       lines 12-29, which discloses adjusting search term correlation scores based on                                
                       certain post-search actions performed by users.  However, neither this nor any                                
                       other portion of Bowman discloses the use of post-search actions of users as                                  
                       recited in the independent claims of Group 3. *  *  *                                                         
                       *  *  *                                                                                                       
                               With respect [sic, to] independent Claim 43, Bowman does not disclose "a                              
                       second component which selects search queries from the log and stores selected                                






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