DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This action is responsive to the RCE filed on 2/17/26.
Claim(s) 1-2, 8, 10, 14-15, 18-19, and 21-31 is/are presented for examination.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 18-21, 22-23, 28-31 is/are rejected under 35 U.S.C. 103 as being unpatentable Tomlinson, U.S. Pub/Patent No. 2015/0326510 A1 in view Boro, U.S. Pub. No. 2006/0242306 A1, and further in view of Athas, US 2008/0196046 A1.
As to claim 1, Tomlinson teaches a server, comprising:
one or more computer processor devices; and
memory storing instructions which, executed by the one or more computer processor devices, configure the server system to perform operations comprising:
maintaining a message collection comprising a plurality of ephemeral messages, each ephemeral message remaining available for online viewing as part of the message collection for a limited lifetime indicated by a respective availability period (Tomlinson, page 1, paragraph 22; page 3, paragraph 41-43; i.e., [0022] determining a remaining display duration for the content portion of the data message, after said predetermined action is determined to have occurred; and displaying an indication of the remaining display duration for the content portion by both instant messaging clients;; [0042] the associated timer indication 33-2 identifying the remaining time before the associated displayed information content will expire. As the countdown timers 33-2 displayed by both sender and recipient instant messaging clients 4 are synchronized and identify the same remaining lifetime value for the corresponding timed data messages; [0043] Alternatively or additionally, a default display duration value may be applied to each transmitted data message),
receiving from a user via an associated client device a message submission for the message collection, the message submission comprising a photographic media item (Tomlinson, page 1, paragraph 15; page 2, paragraph 23; i.e., [0023] The content portion of the data message may comprise one or more of text data, image data, audio data, video data and encoded data, or combinations thereof);
responsive to reception of the message submission, automatically assigning to the photographic media item of the message submission display duration of default length (Tomlinson, page 1, paragraph 22-23; page 3, paragraph 42-43; page 4, paragraph 50; page 5, paragraph 57; i.e., [0022] the data message having a content portion and an associated attribute identifying a display duration for the content portion; determining a remaining display duration for the content portion of the data message; [0042] Identify the same remaining lifetime value for the corresponding timed data messages; [0043] Alternatively or additionally, a default display duration value may be applied to each transmitted data message);
at the server system, automatically including the photographic media item in the message collection as an ephemeral message with a respective associated message availability period with the assigned default display duration (Tomlinson, page 3, paragraph 42-43; i.e., [0042] the associated timer indication 33-2 identifying the remaining time before the associated displayed information content will expire. identify the same remaining lifetime value for the corresponding timed data messages; [0043] Alternatively or additionally, a default display duration value may be applied to each transmitted data message);
causing display of the respective photographic media item of the ephemeral message (Tomlinson, page 2, paragraph 23; page 3, paragraph 41-43; i.e., [0023] The instant messaging clients may be configured to determine that the data message is expired based on the defined display duration, and to remove the content portion of the expired data message. The instant messaging clients may comprise a user interface for displaying a plurality of sequential data messages of a conversation, wherein a footprint of an expired data message is retained in the displayed conversation; [0041] first timed message 27-1 includes a timer indication 33-1 identifying the message as expired, and a second timed message 27-2 includes a timer indication 33-2 identifying the remaining time before the associated displayed information content will expire);
starting a message timer when display of the respective photographic media item commences; and
upon the message timer reaching the assigned display duration of the respective photographic media item, ceasing display of the respective photographic media item and commencing display of the respective photographic media item of a subsequent one of the plurality of ephemeral messages in the predefined display sequence of the message collection (Tomlinson, page 2, paragraph 23; page 3, paragraph 45; i.e., [0023] The instant messaging clients may be configured to determine that the data message is expired based on the defined display duration, and to remove the content portion of the expired data message; [0045] The information contained in the expired data message may be deleted from the server's memory; an image file is received and displayed with an indication 31 that it is a timed data message, and a timer indication 33 of the remaining time before the information content will expire).
But Tomlinson failed to teach the claim limitation wherein maintaining a message collection as a labeled and separately viewable collective entity the message collections; in an automated procedure performed responsive to receiving a collection view request specific to the message collection from a requesting device, causing automated sequential display on the requesting device of the message collection, the automated sequential display comprising displaying the plurality of ephemeral message, one at a time and one after another, in a predefined display sequence, said automated procedure including, during the automated sequential display, for each of the plurality of ephemeral messages; starting a message timer when display of the respective photographic media item commences; and upon the message timer reaching the assigned display duration of the respective photographic media item, ceasing display of the respective photographic media item and commencing display of the respective photographic media item of a subsequent one of the plurality of ephemeral messages in the predefined display sequence of the message collection.
However, Boro teaches the limitation wherein maintaining a message collection as a labeled and separately viewable collective entity the message collections (Boro, page 7, paragraph 85; i.e., [0085] This capability may comprise providing a photo album to the user, wherein the photo album comprises a list of some or all of the plurality of image files. In the preferred embodiment the list may be presented as thumbnail images in a hierarchical structure, organized by date, subject, color, resolution, user-specified preference, or any other information associated with the image files. displayed as images within pages of a photo album, wherein the photo album may contain multiple sections of pages); in an automated procedure performed responsive to receiving a collection view request specific to the message collection from a requesting device, causing automated sequential display on the requesting device of the message collection, the automated sequential display comprising displaying the plurality of ephemeral message, one at a time and one after another, in a predefined display sequence, said automated procedure including, during the automated sequential display, for each of the plurality of ephemeral messages (Boro, page 7, paragraph 85; i.e., [0085] This capability may comprise providing a photo album to the user, wherein the photo album comprises a list of some or all of the plurality of image files. In the preferred embodiment the list may be presented as thumbnail images in a hierarchical structure, organized by date, subject, color, resolution, user-specified preference, or any other information associated with the image files. The thumbnail images may have a one-to-one correspondence with the plurality of image files. The hierarchical structure may be displayed as images within pages of a photo album, wherein the photo album may contain multiple sections of pages. Alternatively or additionally, each image in the hierarchy may be displayed either according to a slideshow format (with each image being shown one-by-one, with an automatic progression from one image to the next) or according to a flat representation in which thumbnails of the images are simultaneously displayed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomlinson in view of Boro so that the system would be able to arrange the images according to the hierarchical structure, user-specified preference. One would be motivated to do so to receiving timely information, accessing electronic/informational services (see Boro, page 1, paragraph 3).
However, Athas teaches the limitation wherein starting a message timer when display of the respective photographic media item commences (Athas, page 8, paragraph 94; i.e., [0094] A cycleGroup nScript function may be invoked to control the visibility of the group of related images based, at least in part, on the expiration of a timer. As described above in Table 3, the cycleGroup nScript function may invoke the setGroupNext nScript function to display an image in a specified set of images. The cycleGroup nScript function may set a timer to expire after a period of time, wherein the period of time is specified by the invocation of the cycleGroup nScript function. When the timer expires after the period of time, the cycleGroup nScript function may invoke the setGroupNext nScript function to display the next image in the group and may reset the timer to expire after the period of time. The cycleGroup nScript function repeats the steps of (i) invoking the setGroupNext nScript function and (ii) resetting the timer to the period of time upon the expiration of the timer, until the cycleGroup nScript function is invoked with a timer value less than or equal to 0); and upon the message timer reaching the assigned display duration of the respective photographic media item, ceasing display of the respective photographic media item and commencing display of the respective photographic media item of a subsequent one of the plurality of ephemeral messages in the predefined display sequence of the message collection (Athas, page 8, paragraph 94; i.e., [0094] A cycleGroup nScript function may be invoked to control the visibility of the group of related images based, at least in part, on the expiration of a timer. As described above in Table 3, the cycleGroup nScript function may invoke the setGroupNext nScript function to display an image in a specified set of images. The cycleGroup nScript function may set a timer to expire after a period of time, wherein the period of time is specified by the invocation of the cycleGroup nScript function. When the timer expires after the period of time, the cycleGroup nScript function may invoke the setGroupNext nScript function to display the next image in the group and may reset the timer to expire after the period of time. The cycleGroup nScript function repeats the steps of (i) invoking the setGroupNext nScript function and (ii) resetting the timer to the period of time upon the expiration of the timer, until the cycleGroup nScript function is invoked with a timer value less than or equal to 0).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomlinson in view of Athas so that the system would be able to invokes the onload event for the cycles images. One would be motivated to do so to may deliver a plurality of images for a viewer to examine one at a time. Each image in the plurality of images
may be displayed for a fixed amount of time as a slideshow (see Athas, page 1, paragraph 3).
As to claim 2, Tomlinson-Boro-Athas teaches the server system as recited in claim 1 wherein the instructions configure the system to eliminate the message collection upon expiration of the availability period of a last message posted to the message collection, the message collection after elimination being unavailable for online viewing (Tomlinson, page 2, paragraph 23; page 3, paragraph 45; i.e., [0023] The instant messaging clients may be configured to determine that the data message is expired based on the defined display duration, and to remove the content portion of the expired data message; [0045] The information contained in the expired data message may be deleted from the server's memory; an image file is received and displayed with an indication 31 that it is a timed data message, and a timer indication 33 of the remaining time before the information content will expire).
As to claim 18, Tomlinson-Boro-Athas teaches the server as recited in claim 1, wherein the instructions configure the server system to accept destinations for the message submission as an ephemeral message (Tomlinson, page 4, paragraph 50; i.e., [0050] data messages 11 may be sent to multiple recipients with the aim that the recipients see the contained information for the same length of time).
As to claim 19, Tomlinson-Boro-Athas teaches the system server as recited in claim 18, wherein the destinations include designated individuals and the message collection (Tomlinson, page 4, paragraph 50; i.e., [0050] data messages 11 may be sent to multiple recipients with the aim that the recipients see the contained information for the same length of time).
As to claim 21, Tomlinson-Boro-Athas teaches the system server as recited in claim 1, further comprising automatically assigning to the message submission a respective availability period defined as a default length of time from inclusion thereof in the message collection (Tomlinson, page 3, paragraph 42-43; i.e., [0042] the associated timer indication 33-2 identifying the remaining time before the associated displayed information content will expire. As the countdown timers 33-2 displayed by both sender and recipient instant messaging clients 4 are synchronized and identify the same remaining lifetime value for the corresponding timed data messages; [0043] Alternatively or additionally, a default display duration value may be applied to each transmitted data message).
Claim(s) 22 & 31 are directed to a system and method claims and they do not teach or further define over the limitations recited in claim(s) 1. Therefore, claim(s) 22 & 31 are also rejected for similar reasons set forth in claim(s) 1.
Claim(s) 23, 28-30 are directed to a system claims and they do not teach or further define over the limitations recited in claim(s) 2, 18-21. Therefore, claim(s) 23, 28-30 are also rejected for similar reasons set forth in claim(s) 2, 18-21.
Claim(s) 8 & 24 is/are rejected under 35 U.S.C. 103 as being unpatentable Tomlinson, U.S. Pub/Patent No. 2015/0326510 A1,and Boro, U.S. Pub. No. 2006/0242306 A1, and Athas, US 2008/0196046 A1, and further in view Schrock, U.S. Pat. No. 9,063,638 B1.
As to claim 8, Tomlinson-Boro-Athas teaches the server as recited in claim 1, wherein
But Tomlinson-Boro-Athas failed to teach the claim limitation wherein repeating the displaying, starting message timer, and ceasing display operations for the plurality of ephemeral messages one after another in the display sequence until all ephemeral messages in the message collection are viewed.
However, Schrock teaches the limitation wherein repeating the displaying, starting message timer, and ceasing display operations for the plurality of ephemeral messages one after another in the display sequence until all ephemeral messages in the message collection are viewed (Schrock, col 4, lines 1-15; col 5, lines 14-20; col 6, lines 25-47; i.e., FIG. 3 illustrates a layout of a user interface displaying media thumbnails. In FIG. 3, thumbnails 302 are displayed at rest (i.e. when no user action has occurred). In one embodiment, the set of thumbnails are representative of a plurality of videos, such as recommended videos or videos on a video playlist (e.g., a predefined set or sequence of videos) 10 with each thumbnail corresponding to an individual media file).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomlinson-Boro-Athas in view of Schrock so that the system would be able to allow users to review the thumbnail over and over again. One would be motivated to do so to roll on and off the thumbnail (see Schrock, col 1, lines 36-46).
Claim(s) 24 is directed to a system claim and they do not teach or further define over the limitations recited in claim(s) 8. Therefore, claim(s) 24 is also rejected for similar reasons set forth in claim(s) 8.
Claim(s) 10 & 25 is/are rejected under 35 U.S.C. 103 as being unpatentable Tomlinson, U.S. Pub/Patent No. 2015/0326510 A1, and Boro, U.S. Pub. No. 2006/0242306 A1, and Athas, US 2008/0196046 A1, and in view Schrock, U.S. Pat. No. 9,063,638 B1, and further in view of Daimon, U.S. Pub. No. 2003/0052925 A1.
As to claim 10, Tomlinson-Boro-Athas-Schrock teaches the system server as recited in claim 8. But Tomlinson-Boro-Athas-Schrock failed to teach the claim limitation wherein the display sequence is automatically arranged in chronological order based upon oldest post times, such that one of the plurality of ephemeral messages posted most recently is positioned last in the display.
However, Daimon teaches the limitation wherein the display sequence is automatically arranged in chronological order based upon oldest post times, such that one of the plurality of ephemeral messages posted most recently is positioned last in the display (Daimon, page 1, paragraph 8; i.e., [0008] displaying the predetermined number of newer articles in order from the highest priority as an updated result. The number of listed articles in all articles is predetermined (five articles in this example) by a display instruction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomlinson-Boro-Athas-Schrock in view of Daimon so that the system would be able to sort the display accordingly. One would be motivated to do so to present the most important information first (see Daimon, page 1, paragraph 10).
Claim(s) 25 is directed to a system claim and they do not teach or further define over the limitations recited in claim(s) 10. Therefore, claim(s) 25 is also rejected for similar reasons set forth in claim(s) 10.
Claim(s) 14-15 & 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable Tomlinson, U.S. Pub/Patent No. 2015/0326510 A1,and Boro, U.S. Pub. No. 2006/0242306 A1, and Athas, US 2008/0196046 A1, and in view Heilman, U.S. Pub. No. 2016/0253912 A1.
As to claim 14, Tomlinson-Boro-Athas teaches the system server as recited in claim 1. But Tomlinson-Boro-Athas failed to teach the claim limitation wherein the message submission includes user-generated augmentations to the photographic media item.
However, Heilman teaches the limitation wherein message submission includes user-generated augmentations to the photographic media item (Heilman, page 2, paragraph 20; i.e., [0020] provide additional information associated with the current element or at least one alternative element to the at least one user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomlinson-Boro-Athas in view of Heilman so that the system would be able to allow the user to amend or modifying the images. One would be motivated to do so to improve the performance for different applications (see Heilman, page 1, paragraph 6).
As to claim 15, Tomlinson-Boro-Athas teaches the system server as recited in claim 1. But Tomlinson-Boro-Athas failed to teach the claim limitation wherein the message submission includes user-generated annotations superimposed on the photographic media item.
However, Heilman teaches the limitation wherein the message submission includes user-generated annotations superimposed on the photographic media item (Heilman, figure 19; page 12, paragraph 157; i.e., [0157] a user 101 may select an image or annotation displayed in the drawing element to view the user or users 101 that input the image or annotation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomlinson-Boro-Athas in view of Heilman so that the system would be able to allow the user to amend or modifying the images. One would be motivated to do so to improve the performance for different applications (see Heilman, page 1, paragraph 6)
Claim(s) 26-27 are directed to a system claim and they do not teach or further define over the limitations recited in claim(s) 14-15. Therefore, claim(s) 26-27 is also rejected for similar reasons set forth in claim(s) 14-15.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 8, 10, 14-15, 18-19, and 21-31 has/have been considered but are moot in view of the new ground(s) of rejection. Applicant’s arguments include the failure of previously applied art to expressly disclose “upon the message timer reaching the assigned display duration of the respective photographic media item, ceasing display of the respective photographic media item and commencing display of the respective photographic media item of a subsequent one of the plurality of ephemeral messages in the predefined display sequence of the message collection” (see Applicant’s response, 2/17/26, page ***). It is evident from the detailed mappings found in the above rejection(s) that Athas disclosed this functionality (see Athas, page 8, paragraph 94). Further, it is clear from the numerous teachings (previously and currently cited) that the provision for “upon the message timer reaching the assigned display duration of the respective photographic media item, ceasing display of the respective photographic media item and commencing display of the respective photographic media item of a subsequent one of the plurality of ephemeral messages in the predefined display sequence of the message collection” was widely implemented in the networking art. Thus, Applicant’s arguments drawn toward distinction of the claimed invention and the prior art teachings on this point are not considered persuasive.
Response to Arguments
Applicant’s argument(s) filed 2/17/26 have been fully considered but they are not persuasive. Applicant argues in substance that: A) with respect to claims 1 & 22; While Applicant's specification describes that ephemeral messages may comprise images, this does not mean that all images in any system are ephemeral. Boro's photo albums are explicitly designed for permanent storage and management, providing capabilities to "arrange the images on a page of the photo album, partition a section of the photo album into two sections, aggregate two sections of the photo album into one section of the photo album, receive part or all of the photo album from physical medium 400, transmit or record part or all of the playlist to the physical medium 400." Boro, paragraph [0085]. The ability to record to physical media is fundamentally incompatible with ephemeral content (page 11); B) While it is of course true that Boro's album is an electronic album, not a physical album, the quoted definition of an album indicates specific functionality at the essence of an album, namely the storage of data for preservation and later retrieval. Clearly, Boro's album functionality must provide preservation and retrieval functions in order to provide and electronic version of an album. Furthermore, Boro's stated purpose is to allow parents to "monitor or filter the information to which a child has access." Boro, paragraph [0004]. This monitoring function requires persistent, reviewable content. The absence of explicit "permanent" language does not create an implicit teaching of ephemerality; rather, the entire context of Boro's disclosure demonstrates permanence (page 11-12); C) with respect to claims 1 & 22; Applicant previously argued that there is no proper motivation to combine Tomlinson and Boro, as such a combination would frustrate Tomlinson's core purpose of providing temporary, expiring content. The Examiner cites In re Fine and In re Jones and states the motivation to combine is "so that the system would be able to arrange the images according to the hierarchical structure, user-specified preference. One would be motivated to do so to receiving timely information, accessing electronic/informational services." Applicant respectfully disagrees and reiterates the argument below. The Examiner's motivation stated in response is merely boilerplate language from Boro's background section describing general benefits of computing, not a specific motivation to combine Boro's permanent photo album features with Tomlinson's ephemeral messaging. This generic statement about computing benefits provides no teaching, suggestion, or motivation to combine permanent photo album organization with ephemeral messaging systems. Moreover, making Boro's photo albums ephemeral would frustrate Tomlinson's core purpose of providing temporary, expiring content, as Tomlinson teaches that "The instant messaging clients may be configured to determine (page 12-13).
In response to A); According to the Detail Description [paragraph 19, an ephemeral message may be a text, an image, a video and the like]. Therefore, providing a photo album to the user, wherein the photo album comprises a list of some or all of the plurality of image files. In the preferred embodiment the list may be presented as thumbnail images in a hierarchical structure, organized by date, subject, color, resolution, user-specified preference, or any other information associated with the image files (Boro, page 7, paragraph 85). In addition, the “the ability to record to physical media” is not conflicting with “ephemeral content” since the Detail Description stated an ephemeral message may be a text, an image, a video and the like. Furthermore, Therefore, Tomlinson-Boro-Athas meets the claim limitation.
In response to B); The definition of photo album provided by the Applicant’s representative is for “printed album”, not web content (album or collection of thumbnail images) as disclosed by Boro. Nothing in Boro stated that the “thumbnail of images or photo album is “permanently” display or the basic definition of album applied to the “web content”. Again, nothing in Boro discloses the “thumbnail of images or photo album” is “permanently” display. Therefore, Tomlinson-Boro-Athas meets the claim limitation.
In response to C); In response to applicant's argument that there is no suggestion to combine the references, the examiner recognizes that obviousness can only be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tomlinson in view of Boro so that the system would be able to arrange the images according to the hierarchical structure, user-specified preference. One would be motivated to do so to receiving timely information, accessing electronic/informational services (see Boro, page 1, paragraph 3). Therefore, Tomlinson-Boro-Athas meets the claim limitation.
Listing of Relevant Arts
Babic, U.S. Patent/Pub. No. US 20110296474 A1 discloses annotation platform for publishing a video feed.
Takakura, U.S. Patent/Pub. No. US 20110296474 A1 discloses uploading images in the database.
Ma, U.S. Patent/Pub. No. US 20110099519 A1 discloses streaming multimedia content from a personal computer.
Contact Information
The present application is being examined under the pre-AIA first to invent provisions.
THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for 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 USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THUONG NGUYEN/ Primary Examiner, Art Unit 2416
Prosecution Insights