DETAILED ACTION
Status of Claims
Claims 1-2, 4, 8-17, and 20 are currently amended.
Claims 3, 5-7, and 18-19 have been canceled.
Claims 26-27 are newly added.
Claims 1-2, 4, 8-17, and 20-27 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/22/2025 has been entered.
Response to Arguments
Applicant's arguments filed 09/22/2025 with respect to the 35 USC 103 rejections have been fully considered but they are not persuasive. Applicant argues that neither Kalin, Siddique and Castleman disclose the amended limitations of “receiving, in response to a user selection via the user interface of a peer-assisted shopping options, an indication for an initiation of a peer connection; determining, in response to receiving the indication of the initiation of the peer connection a set of communication parameters of the first compute device; and sending a second signal to the second compute device to cause the second compute device to negotiate with the first compute device, based on the set of communication parameters, a direct network communication channel between the first compute device and the second compute device.” Examiner respectfully disagrees. Kalin discloses a user being able to select from a user interface different options for initiating communications with another person in order to share their cart contents. See at least Fig. 2 and 3. Castleman discloses receiving indications to initiate peer connections as well. See at least paragraph [0124]. In addition, Castleman discloses determining communication parameters of the first compute device of the first user. This can include various characteristics and/or data formats/values that are valid with the communications session. It can include encoding textual data, various directives, limits to the session, and/or client applications/programs that can support or be compatible with the communications session. Their request can further include a credential, unique identifier, etc. and opening a communication session based on parameters stored for that participant. The communication parameters can be determined by retrieving that information from a user profile of the first user/device. The directive (including the communication parameters) can be sent to tother participants (e.g., second user/device). See Castleman at least at paragraphs [0055], [0067]-[0068], [0124], [0132], [0141], [0152]-[0153], and [0162]. Castleman further discloses a second participant/device being sent information regarding the directives/communication parameters. From there the second participant is able to negotiate those parameters in order to reach a way to communicate that is compatible with everyone/the majority. The second participant can respond to the directive form the first participant in order to begin the communication session. See at least paragraph [0068], [0155], and [0158]. Castleman discloses the need for communication devices to be compatible with one another based on factors such as what type of device it is, data being manipulated such as display or speakers, and unavailable/week networks. See at least paragraph [0003]-[0004], [0027], [0068]. For at least these reasons, Examiner maintains the previous 35 USC 103 rejection.
Subject Matter Eligibility
As previously discussed in the 03/27/2023 Office Action: The Examiner hereby asserts that the claims recite additional elements which individually and in combination integrate any judicial exception into a practical application and result in “significantly more” than any abstract idea which may be recited within the claims. The Examiner hereby asserts that the claims at issue apply the abstract idea with additional elements (including a first compute device, a user interface, base media content including a video, a signal, second compute device), do not merely “apply” any judicial exception to a computer, and add meaningful limits that amount to more than generally linking the use of the abstract idea to a particular technological environment. Moreover, the claims are necessarily rooted in computer technology to address problem specifically arising in the realm of facilitating shopping/checkout from an on-going video on multiple devices.
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, 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, 4, 9, 11-13, 15-17, and 21-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalin (US 2012/0197700) in view of Siddique et al. (US 2010/0030578), and further in view of Castleman (US 2010/0313249).
Regarding Claim 1, Kalin discloses a computer implemented method, comprising (See paragraph [0013])
instantiating, at a first compute device, a user interface configured to present a base media content, and a shopping cart configured to mediate e-commerce transactions; (See Fig. 2 disclosing shopping cart for facilitating purchase, paragraph [0022] disclosing user interface operating on client computing system with virtual shopping cart, Fig. 10, Fig. 11 disclosing base media content AND shopping cart information)
presenting, at the first compute device, a first instance of the base media content including a presentation that includes at least one product or service; (See paragraph [0013] disclosing first user shopping within ecommerce environment and adding one or more items to virtual shopping cart, Fig. 10 disclosing base media content (e.g., web page containing text and images) of item information (e.g., item picture, text information) and add to cart button for selection, Fig. 8 disclosing item in base media content (e.g., visual text/pictures))
receiving instructions indicating a selection, at the first compute device, of at least one of a product or a service from the at least one product or service; (See at least paragraph [0013] disclosing add one or more items to cart, [0025] disclosing add item to virtual shopping cart using first user interface, [0057] disclosing select one or more items that are then placed in the cart, [0061])
displaying a first instance of the shopping cart including an indication of the at least one of the product or the service that was selected; (See at least paragraph [0057], [0060] disclosing user may view contents of virtual shopping cart, Fig. 5, 9, 12) and
sending, from the first compute device, a signal to cause the shopping cart to be updated to include the indication of the at least one of the product or the service, the shopping cart being configured to be retrieved such that a second compute device different from the first compute device can display a second instance of the shopping cart that contains the at least one of the product or the service that was selected. (See paragraph [0013] disclosing user may share access to virtual shopping cart with second user and second user may access the virtual shopping cart subsequent to the first user sharing access to the virtual shopping cart with the second user, [0059] disclosing one or more users each using a client computing system, [0060] disclosing user may share access to virtual shopping cart with one or more users, [0062] disclosing shopping cart initially created by user and viewed by user and then at separate time shopping cart becomes shared only after user of cart requests a sharing action be taken with respect to the cart,[0064] disclosing second user may be able to view and modify the items of the sharped shopping cart using a web browser on the client computer)
receiving, in response to a user selection via the user interface of a peer-assisted shopping option, an indication of an initiation of a peer connection (See at least Fig. 2 and 3 disclosing ability to email or message to share directly with friend the shopping cart)
Kalin does not expressly provide for the base media content including a video, performing actions without interrupting the presentation of the first instance of the video, present a second instance of the video, the second instance of the shopping cart synchronously reflecting an indication of the product or the service that was selected at the first compute device, without interrupting the presentation of the second instance of the video at the second compute device.
However, Siddique discloses the base media content including a video, performing actions without interrupting the presentation of the first instance of the video, present a second instance of the video, the second instance of the shopping cart synchronously reflecting an indication of the product or the service that was selected at the first compute device, without interrupting the presentation of the second instance of the video at the second compute device. (Siddique: [0102] disclosing movie related to media such as video and music videos, [0106], [0121], [0199] disclosing viewing different manifestations of product and environment such as streaming video and user may brose environment/products and information displayed in video/image during this users can display views to all windows on screen and share information such as shopping cart contents – this shard information is viewable by others in display window, [0099] disclosing online modeling system comprises one or more users who interact with a respective computing device and communicate with portal server to communicate with one another, [0172] disclosing synchronized content sharing permits users to display the products/store view and other content being explored using that user’s “view” by sharing video with other users screens, [0198] disclosing users can view contents of each other’s shopping carts, [0209] disclosing individual and shared shopping carts are available – shared shopping cart is synchronized across all users and users may pay for items in cart they choose to pay for, Fig. 20 disclosing buddy cart in same graphical interface as product shopping environment video and friends information and while viewing products, the content from video channels of users on the shopping trip can be output and shared simultaneously, disclosing various views to select from that are synchronized in the shopping trip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin with the synchronized carts, as taught by Siddique, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including better multi user shopping collaboration that is more similar to mimicking that of real life to both be functional and entertaining. See Siddique: paragraph [0113].
Neither Kalin nor Siddique expressly provide for determining, in response to receiving the indication of the initiation of the peer connection, a set of communication parameters of the first compute device; and sending a second signal tot eh second compute device to cause the second compute device to negotiate with the first compute device, based on the set of communication parameters, a direct network communication channel between the first compute device and the second compute device.
However, Castleman discloses determining, in response to receiving the indication of the initiation of the peer connection (See at least paragraph [0124]), a set of communication parameters of the first compute device (See at least paragraph [0055] disclosing directive parameters, [0067]-[0068] disclosing first participant communication parameters, [0124], [0132], [0141], [0152]-[0153], and [0162] all disclosing types of communication parameters and how the parameters may be determined from things such as user profile); and sending a second signal to the second compute device to cause the second compute device to negotiate with the first compute device, based on the set of communication parameters, a direct network communication channel between the first compute device and the second compute device (See at least paragraph [0003]-[0004] & [0027] disclosing need to have communications compatible, [0068] disclosing one or more parameters of a communications session being negotiated between communication devices in order for both participants to be able to have compatible communications based on parameters, [0155], [0158]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claim 2¸Kalin discloses an apparatus comprising a memory and a processor configured to execute instructions and configured to: (Kalin: paragraph [0017] disclosing system including processor to execute the process, [0039], [0058])
receive a first signal from a first compute device indicating a selection of the at least one of a product or a service included in a base media content (See at least paragraph [0013] disclosing add one or more items to cart, [0022] disclosing user interface operating on client computing system with virtual shopping cart, [0025] disclosing add item to virtual shopping cart using first user interface, [0057] disclosing select one or more items that are then placed in the cart, [0061])
update a shopping cart associated with a user of the first compute device such that a first instance of the shopping cart includes an indication of the at least one of the product or the service that was selected at the first compute device (See at least paragraph [0057]-[0060] disclosing how items can be added to a virtual shopping cart , stored for amount of time, and looked back at to further view, modify, add, or remove items)
receive instructions from the first compute device to share the shopping cart with a second user associated with a second compute device; and (See at least paragraph [0013] disclosing user may share access to the virtual shopping cart with the second user, user may share access to virtual shopping cart by assigning privileges associated with the cart such as ability to view, add comments, add/remove items from the cart, purchase, etc., [0062] disclosing first user requesting sharing action to be taken with respect to the cart and a particular user)
transmit based on the instructions a second signal to the second compute device such that the second compute device displays a second instance of the shopping cart including an indication of the at least one of the product or the service. (See at least paragraph [0013] second user may access the virtual shopping cart subsequent to the first user sharing access, [0018] disclosing transmit message to second user to share the cart, [0064] disclosing transmitting over communications network to a client computer a webpage with the shared shopping cart, the second user may then view/modify items in the cart)
receive, in response to a user selection via the user interface of a pee-assisted shopping option, an indication of an initiation of a peer connection (See at least Fig. 2 and 3)
Kalin does not expressly provide for send a base media content to a first compute device such that the base media content, including a video, is presented via the first compute device; performing actions including receiving or transmitting signals without interrupting the presentation of the video at the first compute device; and complete the e-commerce transaction of the product or the service in response to receiving the signal without interrupting presentation of the video at the first computer device.
However, Siddique discloses send a base media content to a first compute device such that a first instance of the base media content, including a video, is presented via the first compute device; transmitting at the second compute device the second instance of the shopping cart synchronously with the first compute device without interrupting presentation of the first instance of the base media content at the first compute device and without interrupting presentation of a second instance of the base media content at the second compute device. (Siddique: [0102] disclosing movie related to media such as video and music videos, [0106], [0121], [0199] disclosing viewing different manifestations of product and environment such as streaming video and user may brose environment/products and information displayed in video/image during this users can display views to all windows on screen and share information such as shopping cart contents – this shard information is viewable by others in display window, [0099] disclosing online modeling system comprises one or more users who interact with a respective computing device and communicate with portal server to communicate with one another, [0172] disclosing synchronized content sharing permits users to display the products/store view and other content being explored using that user’s “view” by sharing video with other users screens, [0198] disclosing users can view contents of each other’s shopping carts, [0209] disclosing individual and shared shopping carts are available – shared shopping cart is synchronized across all users and users may pay for items in cart they choose to pay for, Fig. 20 disclosing buddy cart in same graphical interface as product shopping environment video and friends information and while viewing products, the content from video channels of users on the shopping trip can be output and shared simultaneously, disclosing various views to select from that are synchronized in the shopping trip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin with the synchronized carts, as taught by Siddique, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including better multi user shopping collaboration that is more similar to mimicking that of real life to both be functional and entertaining. See Siddique: paragraph [0113].
Neither Kalin nor Siddique expressly provide for determining, in response to receiving the indication of the initiation of the peer connection, a set of communication parameters of the first compute device; and sending a second signal tot eh second compute device to cause the second compute device to negotiate with the first compute device, based on the set of communication parameters, a direct network communication channel between the first compute device and the second compute device.
However, Castleman discloses determining, in response to receiving the indication of the initiation of the peer connection (See at least paragraph [0124]), a set of communication parameters of the first compute device (See at least paragraph [0055] disclosing directive parameters, [0067]-[0068] disclosing first participant communication parameters, [0124], [0132], [0141], [0152]-[0153], and [0162] all disclosing types of communication parameters and how the parameters may be determined from things such as user profile); and sending a second signal to the second compute device to cause the second compute device to negotiate with the first compute device, based on the set of communication parameters, a direct network communication channel between the first compute device and the second compute device (See at least paragraph [0003]-[0004] & [0027] disclosing need to have communications compatible, [0068] disclosing one or more parameters of a communications session being negotiated between communication devices in order for both participants to be able to have compatible communications based on parameters, [0155], [0158]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claim 16, Kalin discloses a non-transitory processor readable medium storing code representing instructions to be executed by a processor, the code comprising code to cause the processor to (See paragraph [0017] disclosing system including processor to execute the process, [0039] disclosing computer readable medium)
instantiating, at a first compute device, a user interface configured to present a base media content, and a first instance of a shopping cart associated with a user, the shopping cart configured to mediate e-commerce transactions; (See Fig. 2 disclosing shopping cart for facilitating purchase, paragraph [0022] disclosing user interface operating on client computing system with virtual shopping cart, Fig. 10, Fig. 11)
receive a first signal at the compute device indicating a selection of at least one of a product or a service included in a base media content; (See at least paragraph [0013] disclosing add one or more items to cart, [0025] disclosing add item to virtual shopping cart using first user interface, [0057] disclosing select one or more items that are then placed in the cart, [0061])
update the shopping cart to include an indication of the at least one of the product or the service that was selected; (See at least paragraph [0057]-[0060] disclosing how items can be added to a virtual shopping cart , stored for amount of time, and looked back at to further view, modify, add, or remove items)
transmit, to a second compute device a signal to cause the second device to display a second instance of the shopping cart including an indication of the at least one of the product or the service (See paragraph [0013] disclosing user may share access to virtual shopping cart with second user and second user may access the virtual shopping cart subsequent to the first user sharing access to the virtual shopping cart with the second user, [0058] disclosing software that stores selected items in the shopping cart for an indefinite period of time, [0059] disclosing one or more users each using a client computing system, [0060] disclosing user may share access to virtual shopping cart with one or more users, [0062] disclosing shopping cart initially created by user and viewed by user and then at separate time shopping cart becomes shared only after user of cart requests a sharing action be taken with respect to the cart,[0064] disclosing second user may be able to view and modify the items of the sharped shopping cart using a web browser on the client computer)
receive, in response to a user selection via the user interface of a pee-assisted shopping option, an indication of an initiation of a peer connection (See at least Fig. 2 and 3)
Kalin does not expressly provide for present a first instance of the base media content via the user interface, the base media content including a video; transmit to a second compute device and without interrupting the presentation of the first instance of the video at the first compute device, a signal to cause the second device to display a second instance of the shopping cart while presenting a second instance of the video, the second instance of the shopping cart synchronously including an indication of the product and/or the service that was selected at the first compute device without interrupting the presentation of the second instance of the video at the second compute device.
However, Siddique discloses present a first instance of the base media content via the user interface, the base media content including a video; transmit to a second compute device and without interrupting the presentation of the first instance of the video at the first compute device, a signal to cause the second device to display a second instance of the shopping cart while presenting a second instance of the video, the second instance of the shopping cart synchronously including an indication of the product and/or the service that was selected at the first compute device without interrupting the presentation of the second instance of the video at the second compute device (Siddique: [0102] disclosing movie related to media such as video and music videos, [0106], [0121], [0199] disclosing viewing different manifestations of product and environment such as streaming video and user may brose environment/products and information displayed in video/image during this users can display views to all windows on screen and share information such as shopping cart contents – this shard information is viewable by others in display window, [0099] disclosing online modeling system comprises one or more users who interact with a respective computing device and communicate with portal server to communicate with one another, [0172] disclosing synchronized content sharing permits users to display the products/store view and other content being explored using that user’s “view” by sharing video with other users screens, [0198] disclosing users can view contents of each other’s shopping carts, [0209] disclosing individual and shared shopping carts are available – shared shopping cart is synchronized across all users and users may pay for items in cart they choose to pay for, Fig. 20 disclosing buddy cart in same graphical interface as product shopping environment video and friends information and while viewing products, the content from video channels of users on the shopping trip can be output and shared simultaneously, disclosing various views to select from that are synchronized in the shopping trip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin with the synchronized carts, as taught by Siddique, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including better multi user shopping collaboration that is more similar to mimicking that of real life to both be functional and entertaining. See Siddique: paragraph [0113].
Neither Kalin nor Siddique expressly provide for determining, in response to receiving the indication of the initiation of the peer connection, a set of communication parameters of the first compute device; and sending a second signal tot eh second compute device to cause the second compute device to negotiate with the first compute device, based on the set of communication parameters, a direct network communication channel between the first compute device and the second compute device.
However, Castleman discloses determining, in response to receiving the indication of the initiation of the peer connection (See at least paragraph [0124]), a set of communication parameters of the first compute device (See at least paragraph [0055] disclosing directive parameters, [0067]-[0068] disclosing first participant communication parameters, [0124], [0132], [0141], [0152]-[0153], and [0162] all disclosing types of communication parameters and how the parameters may be determined from things such as user profile); and sending a second signal to the second compute device to cause the second compute device to negotiate with the first compute device, based on the set of communication parameters, a direct network communication channel between the first compute device and the second compute device (See at least paragraph [0003]-[0004] & [0027] disclosing need to have communications compatible, [0068] disclosing one or more parameters of a communications session being negotiated between communication devices in order for both participants to be able to have compatible communications based on parameters, [0155], [0158]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claims 4 and 17, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claims 1 and 16. Additionally, Kalin discloses wherein the user interface is a first user interface that includes a first communication interface, the method further comprising: retrieving the data associated with the shopping cart (See paragraph [0060] ability to view contents of cart, comment on cart, make purchase, etc.); setting a permission associated with the shopping cart to a shared state; (See paragraph [0062] disclosing making the private shopping cart a shared shopping cart at a second point in time, [0063] disclosing select privilege level and set up communication channel), and transmitting to the second compute device, via the direct peer-to-peer communication channel, and based on the permission associated with the shopping cart being at the shared state, data that is configured, upon instantiation at the second compute device, to present, a second user interface configured to present the base media content and initiate communication with peer users, the second user interface further including a second instance of the shopping cart which is configured to mediate e-commerce transactions (Kalin: see at least paragraph [0013] disclosing sharing access to the virtual shopping cart to enable the second user to purchase items in the shared virtual shopping cart, [0023] disclosing various communication channels to send messages/links to a virtual shopping cart on a web browser, Fig. 7 disclosing photo of item (e.g., base media content, comments/activities form peers, items in shared cart with item information displayed), [0060] ability to view contents of cart, comment on cart, make purchase, etc., [0064] disclosing second user accessing cart from their client computer on a web browser, [0065]).
Regarding Claim 9, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 1. Additionally, Kalin discloses wherein the at least one of the product or the service includes at least one of a first product or a first service being selected for purchase by a first user, the method further comprising: receiving, at the first compute device, information indicating a selection of at least one of a second product or a second service from the at least one product or service, the at least one of the second product or the second service being selected for purchase by a second user different from the first user; sending, from the first compute device, a signal to cause the shopping cart to be updated to include an indication of the at least one of the second product or the second service, the first instance of the shopping cart and the second instance of the shopping cart configured to mediate completion of at least one of a first transaction to purchase the at least one of the first product or the first service or a second transaction by the second user to purchase the at least one of the second product or the second service. (Kalin: see paragraph [0014] disclosing second user may modify contents of the virtual shopping cart and first user contributing toward paying for items and second user contributing towards paying for items int eh cart, [0017] disclosing first and second user able to purchase items contained in the virtual shopping cart, [0029] disclosing multiple items contained in shopping carts, [0057] disclosing select one or more items to place in shopping cart, [0058] disclosing shopping cart stored and can be reviewed and items added to the cart, [0060] disclosing modifying cart by adding items to it and paying for items based on purchase privileges, [0063], [0071] disclosing users may pay for any part of items in cart)
Kalin does not expressly provide for such that the first instance of the shopping cart and the second instance of the shopping cart are each synchronously updated. However, Siddique discloses such that the first instance of the shopping cart and the second instance of the shopping cart are each synchronously updated (See at least paragraph [0172] disclosing synchronized content sharing permits users to display the products/store view and other content being explored using that user’s “view” by sharing video with other users screens, Fig. 20, [0198] disclosing view contents of each other’s shopping carts, [0199] disclosing share information such as shopping cart contents, [0209] disclosing shopping cart is synchronized across all users).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin with the synchronized carts, as taught by Siddique, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including better multi user shopping collaboration that is more similar to mimicking that of real life to both be functional and entertaining. See Siddique: paragraph [0113].
Regarding Claim 11, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 2. Additionally, Kalin discloses execute a media container to instantiate the first instance of the shopping cart via a user interface configured to present the base media content and mediate e-commerce transactions associated with the at least one of the product or the service included in the base media content, by executing a media container (See Fig. 2 disclosing shopping cart for facilitating purchase, paragraph [0022] disclosing user interface operating on client computing system with virtual shopping cart, Fig. 10, Fig. 11).
Regarding Claim 12, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 2. Additionally, Kalin discloses wherein the at least one of the product or the service includes at least one of a first product or a first service being offered for purchase by a first retailer, the processor further configured to receive a fourth signal at the first compute device indicating a selection of at least one of a second product or a second service; update in response to the fourth signal, the shopping cart with information associated with the at least one of the second product and/or second service (Kalin: see paragraph [0029] disclosing multiple items contained in shopping carts, [0057] disclosing select one or more items to place in shopping cart, [0058] disclosing shopping cart stored and can be reviewed and items added to the cart, [0060] disclosing modifying cart by adding items to it). Kalin does not expressly provide for receive a selection of a second product or a second service included in the base media content and second product and/or the second service being offered for purchase by a second retailer different form the first retailer.
Siddique discloses receive a selection of a second product or a second service included in the base media content and second product and/or the second service being offered for purchase by a second retailer different form the first retailer (Siddique: paragraph [0172] disclosing synchronous mode allowing for shoppers to collaborate on multiple items and multiple stores in the same augmented view, Fig. 20)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin with the synchronized carts, as taught by Siddique, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including better multi user shopping collaboration that is more similar to mimicking that of real life to both be functional and entertaining. See Siddique: paragraph [0113].
Regarding Claim 13, Kalin, Siddique, and Castleman teach or suggest all of the limitations of claim 12. Additionally, Kalin discloses the processor further configured to: retrieve the data associated with the first instance of the shopping cart; set a permission associated with at least one of (1) the at least one of the first product or the first service, or (2) the at least one of the second product or the second service included in the shopping cart to a shared state; and transmit to a second compute device, data associated with a media container configured to update the second instance of the shopping cart to include information related to the at least one of the first product or the first service and the at least one of the second product or the second service that were selected at the first compute device based on the permission being set to the shared state (Kalin: see at least paragraph [0013] disclosing sharing access to the virtual shopping cart to enable the second user to purchase items in the shared virtual shopping cart, [0023] disclosing various communication channels to send messages/links to a virtual shopping cart on a web browser, Fig. 7 disclosing photo of item (e.g., base media content, comments/activities form peers, items in shared cart with item information displayed), [0060] ability to view contents of cart, comment on cart, make purchase, etc., [0062] disclosing making the private shopping cart a shared shopping cart at a second point in time, [0063] disclosing select privilege level and set up communication channel, [0064] disclosing second user accessing cart from their client computer on a web browser, [0065]).
Regarding Claim 15, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 2. Additionally, Kalin discloses wherein the at least one of the product or the service includes at least one of a first product or first service being offered for purchase by a first retailer, the processor further configured to receive a fourth signal indicating as election of at least one of a second product or a second service, update the first instance of the shopping cart to include an indication of the at least one of the second product or the second service; initiate and complete, at the first compute device, a transaction related to at least one of the at least one of the first product or the first service or the at least one of the second product or the second service (Kalin: see paragraph [0014] disclosing second user may modify contents of the virtual shopping cart and first user contributing toward paying for items and second user contributing towards paying for items int eh cart, [0017] disclosing first and second user able to purchase items contained in the virtual shopping cart, [0029] disclosing multiple items contained in shopping carts, [0057] disclosing select one or more items to place in shopping cart, [0058] disclosing shopping cart stored and can be reviewed and items added to the cart, [0060] disclosing modifying cart by adding items to it and paying for items based on purchase privileges, [0063], [0071] disclosing users may pay for any part of items in cart).
Kalin does not expressly provide for the at least one of the second product or a second service being included in the base media content. However, Siddique discloses the at least one of the second product or a second service being included in the base media content (See at least paragraph [0099] disclosing online modeling system comprises one or more users who interact with a respective computing device and communicate with portal server to communicate with one another, [0101] disclosing communication network provides connectivity between devices, [0172] disclosing synchronized content sharing permits users to display the products/store view and other content being explored using the user’s “view” by sharing video with other users screens, Fig. 20 disclosing while viewing products, the content from video channels of users on shopping trip can be output and shared simultaneously, disclosing various views to select from that are a synchronized shopping trip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin with the synchronized carts, as taught by Siddique, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including better multi user shopping collaboration that is more similar to mimicking that of real life to both be functional and entertaining. See Siddique: paragraph [0113].
Regarding Claim 21, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 2. Neither Kalin nor Siddique discloses wherein the processor is configured to determine the set of communication parameters between the first compute device and the second compute device based on determining methods of communication available to the first compute device, and properties associated with one or more network communication channels available under each methods from the methods of communication available on the first compute device. However, Castleman discloses wherein the processor is configured to determine the set of communication parameters between the first compute device and the second compute device based on determining methods of communication available to the first compute device, and properties associated with one or more network communication channels available under each methods from the methods of communication available on the first compute device(See at least paragraph [0068] disclosing one or more parameters of a communications session being negotiated between communication devices).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claim 22, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 21. Neither Kalin nor Siddique discloses wherein the properties include bandwidth and a type of network connection. However, Castleman discloses wherein the properties include bandwidth and a type of network connection (See at least paragraph [0024]-[0026], [0061], [0063], [0169]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claim 23, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 22. Neither Kalin nor Siddique discloses wherein the processor configured to determine the set of communication parameters between the first compute device and the second compute device based on receiving a list of networks that the first compute device may be connected to at a fust time. However, Castleman discloses wherein the processor configured to determine the set of communication parameters between the first compute device and the second compute device based on receiving a list of networks that the first compute device may be connected to at a fust time (See at least paragraph [0024]-[0026], [0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claim 24, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 2. Neither Kalin nor Siddique discloses wherein the processor is further configured to determine a communication capability of the first compute device and a communication capability of the second compute device, the third signal causing the fust compute device to negotiate a mode of communication between the first compute device and the second compute device based on the communication capability of the first compute device and the communication capability of the second compute device, the direct network communication channel initiated in the mode of communication. However, Castleman discloses wherein the processor is further configured to determine a communication capability of the first compute device and a communication capability of the second compute device, the third signal causing the fust compute device to negotiate a mode of communication between the first compute device and the second compute device based on the communication capability of the first compute device and the communication capability of the second compute device, the direct network communication channel initiated in the mode of communication (See at least paragraph [0068] disclosing one or more parameters of a communications session being negotiated between communication devices).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claim 25, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 24. Neither Kalin nor Siddique discloses wherein the mode of communication is a first mode of communication between the first compute device and a second compute device, the processor further configured to: determine, a set of communication parameters between the first compute device and a third compute device different than the second compute device; and send a fourth signal to the first compute device, the fourth signal causing the fust compute device to negotiate, based on the set of communication parameters between the first compute device and a third compute device, a second mode of communication and to initiate, locally at the first compute device, a direct network communication channel that is peer-to-peer between the first compute device and the third compute device, the second mode of communication different than the first mode of communication. However, Castleman discloses wherein the mode of communication is a first mode of communication between the first compute device and a second compute device, the processor further configured to: determine, a set of communication parameters between the first compute device and a third compute device different than the second compute device; and send a fourth signal to the first compute device, the fourth signal causing the fust compute device to negotiate, based on the set of communication parameters between the first compute device and a third compute device, a second mode of communication and to initiate, locally at the first compute device, a direct network communication channel that is peer-to-peer between the first compute device and the third compute device, the second mode of communication different than the first mode of communication (See at least paragraph [0068] disclosing one or more parameters of a communications session being negotiated between communication devices).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Regarding Claim 26, Kalin, Siddique, and Castleman teach or suggest all of the limitations of claim 1. Additionally, Kalin discloses wherein the suer selection via the user interface of the peer-assisted shopping option includes sensor data, a movement of a computer mouse, an interaction of a finger of a user with the user interface, or an interaction of a stylus with the user interface (See at least paragraph [0061] & Fig 2 disclosing selected by using mouse, keyboard or other input device)/.
Regarding Claim 27, Kalin, Siddique, and Castleman teach or suggest all of the limitations of claim 26. Kalin does not expressly provide for wherein the user selection via the user interface of the peer-assisted shopping option includes the sensor data, and the sensor data includes at least one of eye-tracker data or voice detection data. However, Castleman discloses wherein the user selection via the user interface of the peer-assisted shopping option includes the sensor data, and the sensor data includes at least one of eye-tracker data or voice detection data (See at least paragraph [0062] disclosing directive including audio data, [0069]-[0071] disclosing user input device such as camera or microphone configured to generate sensor data in response to user interaction with the user input device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique with parameters used in negotiating communication channels, as taught by Castleman, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to make communication accessible when different devices have incompatibilities. See Castleman paragraph [0002]-[0004].
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalin (US 2012/0197700) in view of Siddique et al. (US 2010/0030578), further in view of Castleman (US 2010/0313249), and further in view of Oskolkov et al. (US 2012/0253972).
Regarding Claim 14, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 2. However, Kalin/Siddique/Castleman does not expressly provide for transmit a fourth signal from the first compute device and to the second compute device, the fourth signal configured to present, at the second compute device, a graphical marker associated with the at least one of the product or the service included in the second instance of the shopping cart, the graphical marker indicating a completed transaction related to the indication of the at least one of the product or the service
Oskolkov discloses transmit a fourth signal from the first compute device and to the second compute device, the fourth signal configured to present, at the second compute device, a graphical marker associated with the at least one of the product or the service included in the second instance of the shopping cart, the graphical marker indicating a completed transaction related to the indication of the at least one of the product or the service (Oskolkov: see at least paragraph [0058]-[0060] disclosing friends bag disclosing items purchased and various buttons/links, [0068] disclosing user may share contents of bag with other users including purchases, Fig. 9 disclosing image of friends bag including products owned/purchased along with selectable markers for more information, Fig. 15)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kalin/Siddique/Castleman with the ability to see purchases within the virtual cart, as taught by Oskolkov, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including helping users make better purchasing decisions and allowing for quick alert of what exactly is in the bag. See Oskolkov paragraph [0054], [0060].
Claim(s) 8, 10, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalin (US 2012/0197700) in view of Siddique et al. (US 2010/0030578), in further view of Castleman (US 2010/0313249), and further in view of Siegel (US 2007/0271149).
Regarding Claim 8, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 1. Additionally, Kalin discloses wherein the at least one of the product or the service includes at least one of a first product or a first service being offered for purchase from a first merchant, the method further comprising: receiving instructions indicating a selection, at the first compute device, of at least one of a second product or second service different from the at least one of the first product or the first service and updating the first instance of the shopping cart and the second instance of the shopping cart with information associated with the at least one of the second product or the second service that was selected (Kalin: see paragraph [0029] disclosing multiple items contained in shopping carts, [0057] disclosing select one or more items to place in shopping cart, [0058] disclosing shopping cart stored and can be reviewed and items added to the cart, [0060] disclosing modifying cart by adding items to it, [0013] disclosing user may share access to virtual shopping cart with second user and second user may access the virtual shopping cart subsequent to the first user sharing access to the virtual shopping cart with the second user, [0059] disclosing one or more users each using a client computing system, [0060] disclosing user may share access to virtual shopping cart with one or more users, [0062] disclosing shopping cart initially created by user and viewed by user and then at separate time shopping cart becomes shared only after user of cart requests a sharing action be taken with respect to the cart,[0064] disclosing second user may be able to view and modify the items of the sharped shopping cart using a web browser on the client computer).
However, Kalin/Siddique/Castleman does not expressly provide for the at least one of the second product or the second service being offered for purchase from a second merchant different and the updated cart information including information associated with the second merchant.
Siegel discloses the at least one of the second product or the second service being offered for purchase from a second merchant different and the updated cart information including information associated with the second merchant (Siegel: see at least paragraph [0040] disclosing ecart may comprise functionality for user to add into a single e-cart, items from a plurality of web sites, hosted by a plurality of publishers, and corresponding to a plurality of vendors, the user may then purchase the entire contents of the e-cart in one transaction, Fig. 6 disclosing adding one item to e-cart from one retailer website than going to another website and adding an item from that retailer/website into the same e-cart, Fig. 8)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of sharing a shopping cart of Kalin/Siddique/Castleman with the different merchants, as taught by Siegel, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including making checkout faster with one transaction from various websites/merchants. See Siegel paragraph [0040].
Regarding Claim 10, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 1. However, Kalin/Siddique/Castleman does not expressly provide for receiving, at the compute device, supplemental information associated with the at least one of the product or the service; binding the supplemental information with an indication of the at least one of the product or the service in the base media content; and sending the supplemental information bound with the indication of the at least one of the product or the service in the base media content to the second compute device.
However, Siegel discloses receiving, at the compute device, supplemental information associated with the at least one of the product or the service; binding the supplemental information with an indication of the at least one of the product or the service in the base media content; and sending the supplemental information bound with the indication of the at least one of the product or the service in the base media content to the second compute device (Siegel: see at least paragraph [0041] disclosing e cart may display information corresponding to items in e-cart, this may be text, pictures, symbols, videos, or sound, it may receive that information from a server to display corresponding to an item, ecart may receive and display descriptive text such as an overview, feature list, articles, or reviews along with interactive data, See Fig. 4 disclosing picture of item along with links to additional specs, reviews, and images, Fig 5, Fig 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of sharing a shopping cart of Kalin/Siddique/Castleman with the user interface displaying the binded information, as taught by Siegel, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including allowing second viewer to have access to more item information in able to get full picture of item of interest in cart. See Siegel: Fig. 4.
Regarding Claim 20, Kalin, Siddique, and Castleman teaches or suggests all of the limitations of claim 16. Additionally, Kalin discloses wherein the at least one of the product or the service includes at least one of a first product or a first service being offered for purchase from a first merchant, the code further comprising code to cause the processor to: receive instructions indicating a selection, at the first compute device, of at least one of a second product or a second service different from the at least one of the first product or the first service, the at least one of the second product or the second service being offered for purchase from a second merchant different from the first merchant; populate the shopping cart with information associated with the at least one of the second product or service that was selected, to generate an updated first instance of the shopping cart; and store data associated with the shopping cart including information associated with the first merchant and the second merchant. (Kalin: see paragraph [0029] disclosing multiple items contained in shopping carts, [0057] disclosing select one or more items to place in shopping cart, [0058] disclosing shopping cart stored and can be reviewed and items added to the cart, [0060] disclosing modifying cart by adding items to it).
However, Kalin/Siddique/Castleman does not expressly provide for the at least one of the second product or the second service being offered for purchase from a second merchant different and the updated cart information including information associated with the second merchant.
Siegel discloses the at least one of the second product or the second service being offered for purchase from a second merchant different and the updated cart information including information associated with the second merchant (Siegel: see at least paragraph [0040] disclosing ecart may comprise functionality for user to add into a single e-cart, items from a plurality of web sites, hosted by a plurality of publishers, and corresponding to a plurality of vendors, the user may then purchase the entire contents of the e-cart in one transaction, Fig. 6 disclosing adding one item to e-cart from one retailer website than going to another website and adding an item from that retailer/website into the same e-cart, Fig. 8)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of sharing a shopping cart of Kalin/Siddique/Castleman with the different merchants, as taught by Siegel, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including making checkout faster with one transaction from various websites/merchants. See Siegel paragraph [0040].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY E BARGEON whose telephone number is (571)272-2861. The examiner can normally be reached Monday-Friday 9:00am to 6:00pm.
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/B.E.B/Examiner, Art Unit 3688
/KELLY S. CAMPEN/Supervisory Patent Examiner, Art Unit 3688