DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-16, 19 and 20 in the reply filed on 2 April 2026 is acknowledged. Claims 17 and 18 are withdrawn from consideration.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "340, 342, 346, 348, 350, 352, 354, and/or 356" have all been used to designate “graphical elements” While it is unclear which “graphical elements” are being pointed to in replacement Fig. 5, a suggested amendment to the figures and specification is to use “340a”, “340b”, 340c”, etc. to indicate different graphical elements, if that is the intention.
The drawings are objected to because it is unclear what some of the reference characters are pointing to in replacement Fig. 5. For instance, the reference characters simply appear to point to the outline of the box and no particular “graphical elements” as disclosed in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
7. Claims 9, 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
8. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation of “at least one selected from the group of one or more different fixed values that include a preset fixed value or a customized value set by the user device, one or more ranges of values, and combinations thereof”, and the claim also recites the one or more ranges of values” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
9. At line 7 of claim 19, it is unclear if “one or more live broadcast platforms” is the same as or different than “one or more live broadcast platforms” recited at line 4. A suggested amendment to line 7 is --the one or more live broadcast platforms--.
Claim Rejections - 35 USC § 102
10. 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 (i.e., changing from AIA to pre-AIA ) 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.
11. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
12. Claims 1-16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (U.S. Pub. No. 2020/0276504). Liu qualifies as art under 35 U.S.C. 102(a)(1) as the effective filing date of the instant application is that of this application (22 September 2022) as the parent applications do not support at least the displaying of tipping graphical elements as required in the independent claims. Regarding claim 1, Liu discloses a system, comprising: a tipping module, comprising computer-executable code stored in non-volatile memory; a processor; and a user device ([0044], [0067], [0081] and Fig. 1);
wherein the tipping module, the processor, and the user device are configured to:
display one or more multimedia content pages on a user interface of the user device ([0044], [0051], [0070]-[0073] and as shown in Fig. 16), the one or more multimedia content pages associated with one or more live broadcast platforms ([0068], [0076]-[0077] and [0081]);
display one or more tipping graphical elements (“game characters”; “graphical elements” or “graphical objectives” 2001/2002 or 2201-2204 as described in [0076]-[0080]) on the user interface of the user device, the one or more tipping graphical elements associated with the one or more multimedia content pages (Figs. 16-17; and [0076]-[0080]); and
execute at least one tip operation on the one or more live broadcast platforms, the at least one tip operation associated with the one or more tipping graphical elements and responsive to a trigger instruction of any of the one or more tipping graphical elements ([0081]: “a user sending a tip to start a ball dropping from a top to a bottom of a screen, then a model squeezing an adult toy by using his or her body to force the ball to rise up from the bottom to the top of the screen”’; and [0067]: “If a customer (e.g., user 324) wants to play a game with the model (e.g., model 335), the customer may send a certain amount of tips (e.g., value such as currency) to the model, and the model (e.g., model 335) may then send a control link to the customer via system 1700. For example, the exemplary control link may set up a connection among the model's accessory that may be an adult toy, the customer's accessory that may be an adult toy, and the game being provided to the model and customers via system 1700”).
Regarding claim 2, the trigger instruction includes at least one selected from the group of a touch trigger instruction, a button trigger instruction, a sound trigger instruction, an operation trigger instruction, a gesture trigger instruction, a human biometric recognition trigger instruction, and combinations thereof ([0067], [0076]-[0077], [0081] and [0098]).
Regarding claim 3, executing the at least one tip operation includes executing the at least one tip operation on the one or more live broadcast platforms associated with the one or more tipping graphical elements according to at least one of a preset script or a preset interface (such as a predetermined instruction or predetermined game parameter) ([0067]-[0071], [0074]-[0076]).
Regarding claim 4, the tipping module, the processor, and the user device are configured to, before displaying the one or more tipping graphical elements on the user interface, determine whether the preset script or the preset interface is associated with the one or more live broadcast platforms; and if the preset script or the preset interface is associated with the one or more live broadcast platforms, display the one or more tipping graphical elements on the user interface ([0045] and [0067]).
Regarding claim 5, different live broadcast platforms of the one or more live broadcast platforms are configured to have different preset scripts or preset interfaces (different games are possible as shown in Figs. 16-17 and disclosed at [0077]-[0078] and may be broadcast live [0068]).
Regarding claim 6, the at least one tip operation includes at least one selected from the group of tipping a specified amount of virtual currency, tipping a specified virtual gift, tipping specified information, and combinations thereof [0067].
Regarding claim 7, displaying the one or more tipping graphical elements on the user interface includes displaying an interactive panel on the user interface, wherein the one or more tipping graphical elements are configured to display on the interactive panel (as shown in Figs. 16-17 and disclosed at [0077]-[0078]).
Regarding claim 8, each of the one or more tipping graphical elements is configured with a control layout on the interactive panel (as shown in games of Figs. 16-17 and disclosed at [0077]-[0078]);
executing the at least one tip operation on the one or more live broadcast platforms includes generating the trigger instruction of the one or more tipping graphical elements responsive to a selective operation of control of any of the one or more tipping graphical elements ([0067]: “If a customer (e.g., user 324) wants to play a game with the model (e.g., model 335), the customer may send a certain amount of tips (e.g., value such as currency) to the model, and the model (e.g., model 335) may then send a control link to the customer via system 1700. For example, the exemplary control link may set up a connection among the model's accessory that may be an adult toy, the customer's accessory that may be an adult toy, and the game being provided to the model and customers via system 1700.”); and
executing the at least one tip operation on the one or more live broadcast platforms is associated with the one or more tipping graphical elements in response to the trigger instruction ([0068]: “The game between the model (e.g., model 335) and the customer (e.g., user 324) may be broadcast live in the chat room…”).
Regarding claim 9, the one or more tipping graphical elements include at least one selected from the group of one or more different fixed values that include a preset fixed value or a customized value set by the user device, one or more ranges of values, and combinations thereof ([0067]: “Customers (e.g., users 324) may send “tips” (e.g., transfer value using system 1700 such as currency and cryptocurrency) to the model (e.g., model 335), and the model (e.g., model 335) may define some of the game parameters based on a certain amount of tips. If a customer (e.g., user 324) wants to play a game with the model (e.g., model 335), the customer may send a certain amount of tips (e.g., value such as currency) to the model, and the model (e.g., model 335) may then send a control link to the customer via system 1700”); and the tipping module, the processor, and the user device are configured to select a target value inside or outside of the one or more ranges of values, or to select the target value from the one or more ranges of values randomly by using the user device ([0081]: the tipping module, the processor, and the user device are configured to select a target value inside or outside of the one or more ranges of values – “…a model setting up a range of numbers (for example 1-120); when a number disappears, the exemplary adult toy will vibrate based on that number; if a user sends a certain amount of tips (for example 3 tips), then the number (e.g., number 3 in the range of numbers will disappear. If the tip (with a certain number such as 4 tips) that is sent by a user cannot be found in the range of numbers (for example, the number has disappeared because another user has sent 4 tips before), then there may be two choices: choice 1 may be to eliminate or “disappear” a smaller number in the range of number; and choice 2 (e.g., when all those smaller number have been eliminated or “disappeared”) may involve accumulating (e.g., adding up) other users' tips to make a bigger number be eliminated or “disappeared.”).
Regarding claim 10, the one or more tipping graphical elements include at least one selected from the group of a target number of the at least one tip operation, an interval time of the at least one tip operation, a total time of the at least one tip operation, a resource of the at least one tip operation, a total resource of the at least one tip operation, and combinations thereof (“a resource of the at least one tip operation” such as [0081]: “…a user sending a tip to start a ball dropping from a top to a bottom of a screen…”); and data of the one or more tipping graphical elements is set via the user device or based on a preset algorithm (based on a preset algorithm which is a virtual/video game as described at [0078]-[0083]).
Regarding claim 11, the system further comprises at least one adult toy (“accessory”/“adult toy”) configured to communicate with the user device and receive a signal; wherein the tipping module, the processor, and the user device are configured to, responsive to the at least one tip operation, send the signal to the at least one adult toy to drive the at least one adult toy to execute a predefined action (vibration - [0067]-[0068], [0075]-[0077], [0079], [0081]).
Regarding claim 12, the system further comprises at least two adult toys (one of the winner; and one of the loser) configured to communicate with the user device; wherein the tipping module, the processor, and the user device are configured to, responsive to the at least one tip operation from the user device, send a control signal to the at least two adult toys to drive the at least two adult toys to execute a predefined action [0079]: “When the game has ended, the exemplary accessory (e.g., accessory 330 or 331, which may be an adult toy) of the losing player (e.g., user 324 or model 335) may vibrate from a strong level to a weak level (e.g., or make any other actions or movements as described for example herein) until stopping, and the exemplary accessory (e.g., accessory 330 or 331, which may be an adult toy) of the winning player (e.g., user 324 or model 335) may vibrate from a weak level to a strong level (e.g., or make any other actions or movements as described for example herein) for a predetermined period of time (e.g., a time that may be set by system 2200”).
Regarding claim 13, the system further comprises an adult toy and a model device (adult toy of the user device and the alternate user/model also has a device/toy –[0079]); wherein: the adult toy is configured to communicate with the model device and receive a signal; the model device is configured to communicate with the one or more live broadcast platforms and receive a tip based on the at least one tip operation; and responsive to the received tip, the model device is configured to send the signal to the adult toy to drive the adult toy to execute a predefined action ([0067]-[0068] and [0079]; see specifics of claim 14 below).
Regarding claim 14, the predefined action is executed based on a predefined action type and a predefined action level; the predefined action type includes at least one selected from the group of vibration, rotation, suction, scaling, bending, temperature control, expansion, reciprocating movement, and combinations thereof; and the predefined action level includes at least one selected from the group of amplitude, frequency, acceleration, temperature, reciprocating times, duration, and combinations thereof (vibration and duration; [0079]: “may vibrate from a strong level to a weak level (e.g., or make any other actions or movements as described for example herein) until stopping, and the exemplary accessory (e.g., accessory 330 or 331, which may be an adult toy) of the winning player (e.g., user 324 or model 335) may vibrate from a weak level to a strong level (e.g., or make any other actions or movements as described for example herein) for a predetermined period of time (e.g., a time that may be set by system 2200)”.
Regarding claim 15, the predefined action is executed based on a control pattern, the control pattern including a set of instructions to execute the action type and the action level based on time order ([0079]: “may vibrate from a strong level to a weak level (e.g., or make any other actions or movements as described for example herein) until stopping, and the exemplary accessory (e.g., accessory 330 or 331, which may be an adult toy) of the winning player (e.g., user 324 or model 335) may vibrate from a weak level to a strong level (e.g., or make any other actions or movements as described for example herein) for a predetermined period of time (e.g., a time that may be set by system 2200)”.
Regarding claim 16, the one or more tipping graphical elements is received from the one or more live broadcast platforms ([0068]: “The game between the model (e.g., model 335) and the customer (e.g., user 324) may be broadcast live in the chat room…”), the receiving including receiving a tip rule correlating to the one or more multimedia content pages or receiving data from the one or more multimedia content pages (receiving data for playing the game as shown in Figs. 16 and 17).
Regarding claim 19, Liu discloses a system, comprising: a user device having a user interface; a model device; one or more live broadcast platforms; and at least one adult toy ([0044], [0067]-[0068], [0079]-[0081] and Fig. 1);
wherein the user device is configured to display one or more multimedia content pages on the user interface ([0044], [0051], [0070]-[0073] and as shown in Fig. 16), the one or more multimedia content pages associated with one or more live broadcast platforms ([0068], [0076]-[0077] and [0081]);
wherein the user device is configured to display one or more tipping graphical elements (“game characters”; “graphical elements” or “graphical objectives” 2001/2002 or 2201-2204 as described in [0076]-[0080]) on the user interface, the one or more tipping graphical elements associated with the one or more multimedia content pages (Figs. 16-17; and [0076]-[0080]);
wherein at least one tip operation is executed on the one or more live broadcast platforms, the at least one tip operation associated with the one or more tipping graphical elements and responsive to a trigger instruction of any of the one or more tipping graphical elements ([0081]: “a user sending a tip to start a ball dropping from a top to a bottom of a screen, then a model squeezing an adult toy by using his or her body to force the ball to rise up from the bottom to the top of the screen”’; and [0067]: “If a customer (e.g., user 324) wants to play a game with the model (e.g., model 335), the customer may send a certain amount of tips (e.g., value such as currency) to the model, and the model (e.g., model 335) may then send a control link to the customer via system 1700. For example, the exemplary control link may set up a connection among the model's accessory that may be an adult toy, the customer's accessory that may be an adult toy, and the game being provided to the model and customers via system 1700”);
wherein the model device is configured to receive a tip based on the at least one tip operation; and
wherein the model device is configured to send a control signal, responsive to the received tip, to the at least one adult toy to drive the at least one adult toy to execute a predefined action (vibration) ([0067]-[0068] and [0079]).
Regarding claim 20, the predefined action includes at least one selected from the group of vibration, rotation, suction, scaling, bending, temperature control, expansion, reciprocating movement, and combinations thereof ([0067]-[0068] and [0079]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Patent No. 9,762,515; U.S. Pub. No. 2022/0139168; and U.S. Patent No. 11,712,397.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE HOPKINS MATTHEWS whose telephone number is (571)272-9058. The examiner can normally be reached Monday - Friday, 7:30 am - 4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor, II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
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