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 Remark filed on 5/18/26.
Claim(s) 21-40 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) 21-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harshbarger, U.S. Patent/Pub. No. 2007/0118801 A1, and Daniel, U.S. Pub. No. 2012/0245982 A1, and further in view of Wu, U.S. Pub. No. 2013/0346172 A1.
As to claim 21, Harshbarger teaches a system comprising:
one or more computer processor devices; and
memory storing instructions that, when executed by the one or more computer processor devices, configure the one or more computer processor devices to perform operations comprising:
at a server system for an online messaging service, maintaining a plurality of composite stories, each composite story comprising a respective set of ephemeral messages, wherein each composite story is made available for online, viewing by, responsive to a view request from a requesting device, causing automated display on the requesting device of the respective set of ephemeral messages non-synchronously one after another in sequence (Harshbarger, figure 21; page 2, paragraph 28-29; i.e., [0028] playback sequence in which, after each frame is rendered, which play simultaneously as frames are rendered; [0029] The highest level object in such embodiments is the story object or story 122 which contains one or more scenes 118. Story 122 may also contain options 124 for rendering the story at playback time. the viewer is presented with a list of scenes to play in any desired order);
causing display, on a user device associated with the creator user of said particular composite story, of a user interface that includes a save mechanism that enables (Harshbarger, figure 16; page 6, paragraph 78; page 7, paragraph 87-88; page 9, paragraph 90; i.e., [0078] a high resolution original may be saved regardless of whether smaller/compressed versions are created for display and playback; [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices; [0090] To enable editing, a few simple commands are provided which can be messaged in conjunction with the various media elements. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands);
receiving via the save mechanism user input that selects for saving one or more ephemeral messages in the particular composite story for saving (Harshbarger, figure 16; page 7, paragraph 87-88; page 9, paragraph 90; i.e., [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices. [0090] To enable editing, a few simple commands are provided which can be messaged in conjunction with the various media elements. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands).
But Harshbarger failed to teach the claim limitation wherein associating with each ephemeral message a respective predefined message expiry time at which that ephemeral message is automatically made unavailable for viewing as part of its associated composite story, wherein each ephemeral message is automatically removed from its associated composite story upon expiration of its respective predefined message expiry time; associating with each composite story a story expiry time at which that composite story as a collective user-selectable entity is automatically to be made unavailable for online viewing via the online messaging service by users other than a particular user associated with the composite story as creator thereof, wherein each composite story 1s automatically eliminated from the online messaging service upon expiration of its story expiry time; responsive to the user input, at the server system, saving each selected ephemeral message as non-ephemeral content via the online messaging service, each saved message thus being available for online viewing beyond the associated message expiry time and beyond the associated story expiry time.
However, Daniel teaches the limitation wherein associating with each ephemeral message a respective predefined message expiry time at which that ephemeral message is automatically made unavailable for viewing as part of its associated composite story, wherein each ephemeral message is automatically removed from its associated composite story upon expiration of its respective predefined message expiry time (Daniel, figure 5; page 3, paragraph 41-42; i.e., [0041] The server 102 will automatically assign a life span. These times 405, 406 can be edited by clicking on the article 401. The server 102 will automatically delete the article from the Editor's Board and make the article no longer available to be put in a presentation when the expiration time occurs; [0042] As in the example of FIG. 5, an article icon representing an article {NOTE: according to the definition in Detail Description, “My Story” is a reference to an ephemeral gallery of ephemeral messages”. Therefore, story icon is just a display of the “ephemeral messages”. Deleting the article is equating to deleting the “story icon”}); associating with each composite story a story expiry time at which that composite story as a collective user-selectable entity is automatically to be made unavailable for online viewing via the online messaging service by users other than a particular user associated with the composite story as creator thereof, wherein each composite story 1s automatically eliminated from the online messaging service upon expiration of its story expiry time (Daniel, figure 5; page 3, paragraph 41-42; i.e., [0041] The server 102 will automatically assign a life span. The server 102 will automatically delete the article from the Editor's Board and make the article no longer available to be put in a presentation when the expiration time occurs; [0042] As in the example of FIG. 5, an article icon representing an article {NOTE: according to the definition in Detail Description, “My Story” is a reference to an ephemeral gallery of ephemeral messages”. Therefore, story icon is just a display of the “ephemeral messages”. Deleting the article is equating to deleting the “story icon”}).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Harshbarger to substitute article from Daniel for my stories list from Harshbarger to allows for the use of content direct from media sources such as newswires, which has to be judgmentally evaluated for its significance to determine its priority (Daniel, page 1, paragraph 7).
However, Wu teaches the limitation wherein responsive to the user input, at the server system, saving each selected ephemeral message as non-ephemeral content via the online messaging service, each saved message thus being available for online viewing beyond the associated message expiry time and beyond the associated story expiry time (Wu, page 1, paragraph 10; page 3, paragraph 19; page 4, paragraph 52; i.e., [0010] placing identified purchase items in a gallery on the user's social network that can be browsed by third parties, wherein the gallery includes at least an image of the item being shared and user's comments and place such image and description content of a user's Social network through an application program interface (API); [0019] post the one or more selected items on the user's selected social networks, where the selected item is placed in an image gallery on the Social network(s) that can be browsed by third-parties; [0052] place them in a permanent gallery that can be browsed by other parties on the Social network(s) by either going to the user's Social web page(s)).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Harshbarger to substitute items from Wu for my stories list from Harshbarger to provide for a vendor to pass information that uniquely identifies a purchased product to a marketing server each time a product is purchased from that vendor (Wu, page 1, paragraph 6).
As to claim 22, Harshbarger-Daniel-Wu teaches the system as recited in claim 21, wherein the user input indicates selection of the particular composite story, and wherein the instructions configure the one or more computer processor devices to, responsive to the user input selecting the particular composite story, preserving the set of ephemeral messages of the particular composite story (Harshbarger, figure 16; page 6, paragraph 78; page 7, paragraph 87-88; page 9, paragraph 90; i.e., [0078] a high resolution original may be saved regardless of whether smaller/compressed versions are created for display and playback; [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices; [0090] To enable editing, a few simple commands are provided which can be messaged in conjunction with the various media elements. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands. The commands may be entered into the subject line of the MMS message).
But Harshbarger-Daniel failed to teach the claim limitation wherein converting the set of ephemeral messages from ephemeral content to preserved non-ephemeral content.
However, Wu teaches the limitation wherein converting the set of ephemeral messages from ephemeral content to preserved non-ephemeral content (Wu, page 1, paragraph 10; page 3, paragraph 19; page 4, paragraph 52; i.e., [0010] placing identified purchase items in a gallery on the user's social network that can be browsed by third parties, wherein the gallery includes at least an image of the item being shared and user's comments and place such image and description content of a user's Social network; [0019] post the one or more selected items on the user's selected social networks, where the selected item is placed in an image gallery on the Social network(s) that can be browsed by third-parties; [0052] place them in a permanent gallery that can be browsed by other parties on the Social network(s) by either going to the user's Social web page(s)).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Harshbarger-Daniel to substitute items from Wu for my stories list from Harshbarger-Daniel to provide for a vendor to pass information that uniquely identifies a purchased product to a marketing server each time a product is purchased from that vendor (Wu, page 1, paragraph 6).
As to claim 23, Harshbarger-Daniel-Wu teaches the system as recited in claim 22, wherein the instructions configure the one or more computer processor devices such that the save mechanism includes a save indicium associated with the particular composite story, reception of the user input for preserving the particular composite story being responsive to user-selection of the respective save indicium of the particular composite story (Harshbarger, figure 16; page 6, paragraph 78; page 7, paragraph 87-88; page 9, paragraph 90; i.e., [0078] a high resolution original may be saved regardless of whether smaller/compressed versions are created for display and playback; [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices; [0090] To enable editing, a few simple commands are provided. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands).
As to claim 24, Harshbarger-Daniel-Wu teaches the system as recited in claim 22, wherein the instructions configure the one or more computer processor devices such that preserving the set of ephemeral messages comprises preserving the particular composite story in its original form (Harshbarger, figure 16; page 6, paragraph 78; page 7, paragraph 87-88; page 9, paragraph 90; i.e., [0078] a high resolution original may be saved regardless of whether smaller/compressed versions are created for display and playback; [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices; [0090] To enable editing, a few simple commands are provided which can be messaged in conjunction with the various media elements. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands).
As to claim 25, Harshbarger-Daniel-Wu teaches the system as recited in claim 22, wherein the instructions configure the one or more computer processor devices to perform further operations comprising:
allowing editing of the particular composite story subsequent to its selection for preservation (Harshbarger, page 7, paragraph 87; page 9, paragraph 90; i.e., [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices; [0090] To enable editing, a few simple commands are provided which can be messaged in conjunction with the various media elements. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands); and
responsive to receiving user edits to the particular composite story to produce an edited form of the particular composite story, preserving the particular composite story in its edited form (Harshbarger, page 7, paragraph 87; page 9, paragraph 90; i.e., [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices; [0090] To enable editing, a few simple commands are provided which can be messaged in conjunction with the various media elements. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands).
As to claim 26, Harshbarger-Daniel-Wu teaches the system as recited in claim 21, wherein the save mechanism enables reception of user input indicates selection for preserving an individual one of the set of ephemeral messages of the particular composite story by converting it from ephemeral content to preserved non-ephemeral content (Harshbarger, figure 16; page 6, paragraph 78; i.e., [0078] a high resolution original may be saved regardless of whether smaller/compressed versions are created for display and playback).
As to claim 27, Harshbarger-Daniel-Wu teaches the system as recited in claim 26, wherein the instructions configure the one or more computer processor devices such that the save mechanism includes a respective save indicium associated with at least one ephemeral message displayed in the user interface, reception of the user input for preserving of a particular ephemeral message being responsive to user-selection of the respective save indicium of the selected message (Harshbarger, figure 16; page 6, paragraph 78; page 7, paragraph 87-88; page 9, paragraph 90; i.e., [0078] a high resolution original may be saved regardless of whether smaller/compressed versions are created for display and playback; [0087] As shown in FIG. 16, StoryMaker Mobile allows the user to select a story via a web interface to receive frames from one or more mobile devices; [0088] contemplated in which creating, editing, sending, and playback of a story may be performed in real time from a mobile phone or other similar mobile platform; [0090] To enable editing, a few simple commands are provided. The user makes a story "active" with an Edit command, then manipulates the story with subsequent commands).
Claim(s) 28-34 & 35-40 is/are directed to a method and non-transitory computer readable medium claims and they do not teach or further define over the limitations recited in claim(s) 21-27. Therefore, claim(s) 28-34 & 35-40 is/are also rejected for similar reasons set forth in claim(s) 21-27.
Response to Arguments
Applicant’s argument(s) filed 5/18/26 have been fully considered but they are not persuasive. Applicant argues in substance that: A) with respect to claims 21-40; Daniel teaches at most a single deletion event for an "article" with a single life span and expiration time. The Examiner's parenthetical attempt to map Daniel's deletion of an article onto both the individual ephemeral message level and the composite story level (by stating that "story icon is just a display of the 'ephemeral messages" (Office Action, p. 6)) does not provide the requisite teaching. Daniel does not teach a hierarchical system in which individual items expire at respective message expiry times AND a collective entity containing those items separately expires at a story expiry time, with both mechanisms operating simultaneously and independently. Daniel Does Not Teach Two-Tier Ephemerality Daniel discloses that "[t]he server 102 will automatically assign a life span 405 for an article 401 and calculate the expiration time 406 The server 102 will automatically delete the article from the Editor's Board and make the article no longer available to be put in a presentation when the expiration time occurs" (Daniel, paragraph [0041]). Daniel thus teaches a single-level expiration mechanism in which an article - a single content item - is automatically deleted upon expiration. The Examiner attempts to map Daniel's deletion of an article onto two distinct claim limitations: (1) the automatic removal of each ephemeral message from its associated composite story upon expiration of its respective predefined message expiry time; and (2) the automatic elimination of each composite story from the online messaging service upon expiration of its story expiry time. The Examiner supports this dual mapping with the parenthetical explanation that "story icon is just a display of the 'ephemeral messages" (Office Action, pp. 5-6). This conflation is unsupported by Daniel and contrary to the express claim language (page 12-16); B) with respect to claims 21-40; Wu's "permanent gallery" is the initial and only state of the shared content - items are placed directly into a permanent gallery from the outset (Wu, paragraph [0052]). Wu relates to "methods and systems for marketing products by prompting customers to identify purchased items to be shared through their social networks" (Wu, paragraph [0010]). Wu teaches "placing identified purchase items in a gallery on the user's social network" and that "the marketing system captures the profile information for the item(s) and may place them in a permanent gallery that can be browsed by other parties on the social network(s)" (Wu, paragraphs [0010], [0052]). There is no teaching in Wu of: Content that is initially ephemeral, having an associated expiry time; A transition from an ephemeral state to a non-ephemeral state; or Selective saving to extend availability beyond an expiry time
(page 13-16); C) with respect to claims 21-40; Applicant argued that the cited references teach away from the claimed invention by emphasizing permanent content storage, collaborative sharing, and persistent accessibility, which are fundamentally opposite to ephemeral content that automatically expires unless selectively preserved. This argument was not addressed in the present Office Action and remains fully applicable, with Daniel's deletion-at-expiration mechanism reinforcing the teaching- away argument with respect to the claimed preservation functionality. Applicant respectfully requests that the Examiner explicitly address this argument in any subsequent Office Action (page 19-20).
In response to A); Daniel teaches the limitation wherein “associating with each ephemeral message a respective predefined message expiry time at which that ephemeral message is automatically made unavailable for viewing as part of its associated composite story, wherein each ephemeral message is automatically removed from its associated composite story upon expiration of its respective predefined message expiry time” (Daniel, figure 5; page 3, paragraph 41-42; i.e., [0041] The server 102 will automatically assign a life span. These times 405, 406 can be edited by clicking on the article 401. The server 102 will automatically delete the article from the Editor's Board and make the article no longer available to be put in a presentation when the expiration time occurs; [0042] As in the example of FIG. 5, an article icon representing an article {NOTE: according to the definition in Detail Description, “My Story” is a reference to an ephemeral gallery of ephemeral messages”. Therefore, story icon is just a display of the “ephemeral messages”. Deleting the article is equating to deleting the “story icon”}); “associating with each composite story a story expiry time at which that composite story as a collective user-selectable entity is automatically to be made unavailable for online viewing via the online messaging service by users other than a particular user associated with the composite story as creator thereof, wherein each composite story is automatically eliminated from the online messaging service upon expiration of its story expiry time” (Daniel, figure 5; page 3, paragraph 41-42; i.e., [0041] The server 102 will automatically assign a life span. The server 102 will automatically delete the article from the Editor's Board and make the article no longer available to be put in a presentation when the expiration time occurs; [0042] As in the example of FIG. 5, an article icon representing an article {NOTE: according to the definition in Detail Description, “My Story” is a reference to an ephemeral gallery of ephemeral messages”. Therefore, story icon is just a display of the “ephemeral messages”. Deleting the article is equating to deleting the “story icon”}). Clearly, The server 102 will automatically delete the article from the Editor's Board and make the article no longer available to be put in a presentation when the expiration time occurs); and an article icon representing an article {NOTE: according to the definition in Detail Description, “My Story” is a reference to an ephemeral gallery of ephemeral messages”. Therefore, story icon is just a display of the “ephemeral messages”. Deleting the article is equating to deleting the “story icon”}). Clearly, The server 102 will automatically delete the article from the Editor's Board and make the article no longer available to be put in a presentation when the expiration time occurs) is equating to ephemeral message is automatically made unavailable for viewing as part of its associated composite story, wherein each ephemeral message is automatically removed from its associated composite story upon expiration. Therefore, Harshbarger-Daniel-Wu meets the claim limitation.
In response to B); Wu teaches the limitation wherein “responsive to the user input, at the server system, saving each selected ephemeral message as non-ephemeral content via the online messaging service, each saved message thus being available for online viewing beyond the associated message expiry time and beyond the associated story expiry time” (Wu, page 1, paragraph 10; page 3, paragraph 19; page 4, paragraph 52; i.e., [0010] placing identified purchase items in a gallery on the user's social network that can be browsed by third parties, wherein the gallery includes at least an image of the item being shared and user's comments and place such image and description content of a user's Social network through an application program interface (API); [0019] post the one or more selected items on the user's selected social networks, where the selected item is placed in an image gallery on the Social network(s) that can be browsed by third-parties; [0052] place them in a permanent gallery that can be browsed by other parties on the Social network(s) by either going to the user's Social web page(s)). Clearly, placing the gallery permanent is equating to “online viewing beyond the associated message expiry time and beyond the associated story expiry time”. Therefore, Harshbarger-Daniel-Wu meets the claim limitation.
In response to C); the cited references DO NOT teach away from the claimed invention by emphasizing permanent content storage, collaborative sharing, and persistent accessibility, which are fundamentally opposite to ephemeral content that automatically expires unless selectively preserved. This argument was not addressed in the present Office Action and remains fully applicable, with Daniel's deletion-at-expiration mechanism reinforcing the teaching-away argument with respect to the claimed preservation functionality.
No wherein in Daniel discloses permanent content storage , only Wu discloses placing the gallery permanent is equating to “online viewing beyond the associated message expiry time and beyond the associated story expiry time”.
Therefore, Harshbarger-Daniel-Wu meets the claim limitation.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Listing of Relevant Arts
Kaul, U.S. Patent/Pub. No. US 2012/0158837 A1 discloses automatically terminated the new stories based on expiry of the message.
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.
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/THUONG NGUYEN/ Primary Examiner, Art Unit 2416
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