DETAILED ACTION
This is in reference to communication received 17 September 2025. Cancellation of claims 9 and 10 is acknowledged. Claims 1, 3 – 8 are pending for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3 – 8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Applicant added limitation “for each data file, conducting at least one computerized image analysis for checking compliance with at least one image standard, including accepting each of the data file that conforms with the at least one image standard and rejecting data that do not conform” which is not reasonably disclosed by the applicant to enable any person skilled in the art to make use of the invention without undue experimentation.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 3 – 8 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Independent claim 1, in part is directed toward a statutory category of invention, in part is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 1 recites invention directed to receiving a plurality of data files including at least one of an image and video of activities (visual content) associated with at least one performer occurring at an event (receiving digital content); invention further receives event data identifying the event associated with the data files, and associated author data to track identifying proprietary rights associated with the visual content of the data files; a user (e.g., a customer) is enabled to place an order for a commercial item and a visual content that the user would want to imprint on the selected commercial item, subsequent to which said user will be presented with an image of the selected commercial item with the selected visual content. Prior to allowing the user to view the visual content, validation is performed to determine whether the user had attended the event, and as a reward user will be provided access to the visual content associated with the event.
These limitations describe marketing/sales/advertising activities. Receiving visual content associated with an event from author-users, allowing a customer-user who has attended the event to view the visual content associated with the event and make a selection of a commercial item, subsequent to which presenting the commercial item with the visual content to the customer-user. Causing presentation of the customer-user selected commercial item with the customer-user selected visual content to the customer-user would be the marketing team (or person) providing, such as a visual presentation to the marketing team’s client (customer-user).
In addition, analyzing the received video content for checking compliance with at least one image standard, accepting only visual content that meet the image standard and making it available for viewing by customer-users, and presenting the customer-user with their selected commercial item overlayed with selected visual content. Only accepting visual content that meet the requirements before providing it to customer-user, and presenting an image of the final product with overlayed image on their selected commercial-item. These limitations describe marketing/sales/advertising activities. Therefore, the claim is directed to an abstract idea and is not patent eligible.
Additionally, electronically receiving, a plurality of data files, event data, author data via a first electronic user interface, and receiving approval indicators via a second electronic interface. These limitations are recited at a high-level of generality such that they amount to no more than using interfaces for receiving and transmitting data using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the processor, memory, and non-transitory machine-readable medium amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
When taken as an ordered combination, nothing is added that is not already present when the elements are taken individually. When viewed as a whole, the marketing activities amount to instructions applied using generic computer components.
As for dependent claims 3 – 8,, these claims recite limitations that further define the same abstract idea of approving of an online transaction, tracking of the royalty associated with the visual content (e.g., item sold is commercial item sold by merchant, and royalty that the merchant will pay the content creator of using their visual content); allowing user to replace selected content item with another content item and presenting to the user (purchaser) selected commercial item with the newly selected visual content; defining rights associated; defining the rights of visual content creator associated with the image; and, accounting for royalty associated with the content. Thus, the dependent claims merely provide additional non-structural (and predominantly non-functional) details that fail to meaningfully limit the claims or the abstract idea(s).
Claim Rejections - 35 USC § 103
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.
Claims 1, 3 – 4 and 6 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over McIntyre et al. US Publication 2004/0143394 in view of Information of Srivastava et al. US Publication 2021/0357892, Printify.com, YouTube video by “Merch by Amazon Tips & Tricks on Rejected T-Shirts and Max Limits” hereinafter referred to as Heather.
Regarding claim 1, McIntyre teaches a content management and distribution system and method (McIntyre, coordinating the image capture by multiple photographers at an event so that all of the images are available at a single Internet location) [McIntyre, 0010] comprising:
electronically receiving, via a first electronic user interface, a plurality of data files, each data file including visual content therein (McIntyre, the professional enters his Pro ID (134), enters the event URL 12 (136) from the transaction card 10, and uploads (138) low resolution image files from professional image database 94 for display in the area of the URL 12 reserved for digital images selected to be shared. McIntyre further teaches Once the camera has been selected, the upload process begins (168) by identifying and uploading a specific image. Upon successful upload completion, the user is prompted (172) to see if there is another image to upload and the sequence repeats itself until all images are successfully uploaded.) [McIntyre, 0050], the visual content includes at least one of an image and a video of activities associated with at least one performer occurring at an event (McIntyre, A professional photographer, who has attended the event and received a transaction card 10 or copied the URL 12 from a transaction card 10, establishes a remote connection (128) to the network service provider 60) [McIntyre, 0050, 0059];
McIntyre does not explicitly teach image analysis for checking compliance. However, Srivastava teaches system and method wherein a server computer receives a group of one or more copyright digital media entities ( e.g., digital images) from type A users (also known as Artists) and after performing a set of quality assurance validations, makes them available for purchasing to type B users (also known as Patrons) via disclosed electronic marketplace platform [Srivastava, 0005]. Srivastava further recites upon receiving the image, the server computer performs advanced image quality checks 212 such as potential copyright violation as well as nudity detection. If the image passes these checks 213 then it is added into the main Image Database 215 and is made part of various image galleries.) [Srivastava, 0033].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify McIntyre by adopting teachings of Srivastava to prevent copyright violations.
McIntyre in view of Srivastava teaches system and method further comprising:
for each data file, conducting at least one computerized image analysis for checking compliance with at least one image standard, including accepting each of the data file that conforms with the at least one image standard and rejecting data that do not conform (Srivastava, upon receiving the image, the server computer performs advanced image quality checks 212 such as potential copyright violation as well as nudity detection. If the image passes these checks 213 then it is added into the main Image Database 215 and is made part of various image galleries.) [Srivastava, 0033];
electronically receiving event data associated with the data files, the event data identifying an event associated with the visual content (McIntyre, the professional enters his Pro ID (134), enters the event URL 12 (136) from the transaction card 10, and uploads (138) low resolution image files from professional image database 94 for display in the area of the URL 12 reserved for digital images selected to be shared) [McIntyre, 0050];
electronically receiving author data associated with the plurality of digital data files, the author data identifying proprietary rights associated with the visual content (McIntyre, the photographer can connect (108) to the network photoservice provider 60 using the user ID 14 and password 22 on the transaction card 10 to select the images that are to be shared with the other photographers at the event. The photographer reviews the images displayed on the monitor of user workstation 70 and indicates the images that he desires to share with the others, for example, by checking a box associated with each image) [McIntyre, 0046], and associated with the event (McIntyre, According to a still further embodiment, the transaction card 10 may be provided by an event sponsor, such as a NASCAR or NBA event, and include printed advertising on the face of the transaction card 10. The URL 12 may contain event specific digital images provided by the sponsor for viewing and use by event participants. It is anticipated that the event sponsors would provide the cards to event participants for free or as a premium for admission to the event) [McIntyre, 0035];
receiving, via a second electronic the second user interface, approval indicators for at least a portion of the plurality of data files, the approval indicator indicating approval by the authorizing user for authorizing use of the visual content (McIntyre, the photographer can connect (108) to the network photoservice provider 60 using the user ID 14 and password 22 on the transaction card 10 to select the images that are to be shared with the other photographers at the event. The photographer reviews the images displayed on the monitor of user workstation 70 and indicates the images that he desires to share with the others, for example, by checking a box associated with each image) [McIntyre, 0046], in association with the event (McIntyre, According to a still further embodiment, the transaction card 10 may be provided by an event sponsor, such as a NASCAR or NBA event, and include printed advertising on the face of the transaction card 10. The URL 12 may contain event specific digital images provided by the sponsor for viewing and use by event participants. It is anticipated that the event sponsors would provide the cards to event participants for free or as a premium for admission to the event) [McIntyre, 0035];
McIntyre in view of Srivastava does not explicitly teach displaying of visual content in a display template. However, Printify teaches system and method for an online marketplace this allows artists to focus on their designs and Printify will take care of the rest – order fulfillment, packaging and dropshipping to your or your customer’s door.
Therefore, at the time of filing, it would have been obvious to one or ordinary skill in the art to modify McIntyre by adopting teachings of Printify to be an end-to-end fulfilllment service provider to artists.
McIntyre in view of Srivastava and Printify teaches system and method further comprising:
generating a user interface executable via a user computing device including presenting a display of the visual content of the one or more data files in a display template and a plurality of commercial items for purchase capable of having the visual content associated therewith
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[Printify, page 14];
McIntyre in view of Srivastava and Printify does not explicitly teach content to be an approved content. However, Srivastava teaches upon receiving the image, the server computer performs advanced image quality checks 212 such as potential copyright violation as well as nudity detection. If the image passes these checks 213 then it is added into the main Image Database 215 and is made part of various image galleries.) [Srivastava, 0033]. Heather teaches that merchant like Merch-By-Amazon, before making your image(s) commercially available to be put on commercial items, they may reject your image if it does not meet their guidelines [Heather, page 3, 6].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify McIntyre in view of Srivastava and Printify by adopting teachings of Heather to minimize litigation risks by ensuring that the photographer/artist is actually marketing their own content.
McIntyre in view of Srivastava, Printify and Heather teaches system and method further comprising:
generating an approved content data set including each of the plurality data files receiving the approval indicators (Heather teaches that merchant like Merch-By-Amazon, before making your image(s) commercially available to be put on commercial items, they may reject your image if it does not meet their guidelines) [Heather, page 3, 4, 6];
generating a user interface executable via a user computing device including presenting a display of the visual content of the one or more data files in the approved (as responded to above, Heather teaches that merchant like Merch-By-Amazon, before making your image(s) commercially available to be put on commercial items, they may reject your image if it does not meet their guidelines) [Heather, pages 3, 4, 6] content data set in a display template and a plurality of commercial items for purchase capable of having the visual content associated therewith
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[Printify, page 14];
validating the user attendance at the event;
receiving a first selection of one of the commercial items
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[Printify, page 22
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[Printify, page 23];
receiving a second selection of one of the visual content items associated with the first selection of the one of the commercial items
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[Printify, page 22]; and
generating a graphical display via the user interface executable via the user computing device, of the visual content in a graphical overlay over an image of the commercial item
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[Printify, page 23].
as captured by the user computing device of the item of the first selection having the visual content item of the second selection overlayed thereon (McIntyre, The fulfillment center 76, retrieves the requested digital images from the network photoservice provider 60, produces the ordered print or article and sends it to an address supplied by the cuomer) [McIntyre, 0042], wherein the commercial item is available for purchase via the user including a representation of the visual content item printed thereon
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[Printify, page 23] ;
wherein the distributing of the at least one of the plurality of data file includes authorizing access for a recipient to view, via the graphical display, additional visual content, within the approved content data set as a reward to the recipient for loyalty to the at least one performer (McIntyre, a transaction card may be provided by an event sponsor, such as a NASCAR or NBA event, and include printed advertising 10 on the face of the transaction card The URL may contain event specific digital images provided by the sponsor for viewing and use by event participants. It is anticipated that the event sponsors would provide the cards to event participants for free or as a premium for admission to the event) [McIntyre, 0035].
Regarding claim 3, as combined and under the same rationale as above, McIntyre in view of Srivastava, Printify and Heather teaches system and method further comprising:
approving at least one commercial transaction, via the commerce interface, for purchase of one of the plurality of commercial items having the visual content (Printify, Focus on your design, and we’ll take care of the rest – order fulfillment, packaging and dropshipping to your or your customer’s door) [Printify, page 1]; and
tracking at least one royalty allocation based on the commercial transaction and the proprietary rights associated with the visual content (McIntyre, It should be noted that the effect of registration (132) permits the definition of the electronic funds transfer agreement for distribution of proceeds from the sale or use of images uploaded and originating from the professional image database 94. In a manner well understood in the electronic commerce art, brokerage fees are a form of revenue sharing where the network photoservice provider 60 collects a percentage of the revenue associated with a user's selection of a professional image to print for example before distributing the balance of the incurred fee to the professional photographer who has registered with the network photoservice provider 60) [McIntyre, 0051].
Regarding claim 4, as combined and under the same rationale as above, McIntyre in view of Srivastava, Printify and Heather teaches system and method further comprising:
within the commerce interface:
receiving a third selection of another visual content item different from the visual content item of the second selection
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[Printify, page 24]; and
updating the graphical display of the commercial item replacing the item of the second selection with the item of third selection
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[Printify, page 24; also see Heather page 3].
Regarding claims 6, as combined and under the same rationale as above, McIntyre in view of Srivastava, Printify and Heather teaches system and method, wherein the proprietary rights associated with the visual content include at least one of:
authorship rights relating to acquisition of the visual content;
name, image, and likeness rights relating to a subject captured in the visual content;
performance rights relating to an artist captured in the visual content; and
organization rights relating to an organization commissioning the event
(as responded to above, Heather teaches that merchant like Merch-By-Amazon, before making your image(s) commercially available to be put on commercial items, they may reject your image if it does not meet their guidelines) [Heather, pages 3, 4, 6].
Regarding claim 7, as combined and under the same rationale as above, McIntyre in view of Srivastava, Printify and Heather teaches system and method further comprising:
generating a unique identifier associated with the event (McIntyre, assigning an event specific URL to the registered event which identifies share memory image storage location) [McIntyre, claim 12-b];
distributing the unique identifier to a recipient based on attendance at the event by the recipient (McIntyre, providing a photographer with a user ID and password related to the event specific URL) [McIntyre, claim 6-b; also see, claim 1-b]; and
authorizing access for the consumer to the web commerce interface based on the unique identifier (McIntyre, at least one of the plurality of users transferring a set of digital images to the service provider associated with said unique user ID employing their separate passwords; allowing access to the images located at the network service provider and the associated unique user ID using the separate passwords) [McIntyre, claim 1-c, 1-d].
Regarding claim 8, as combined and under the same rationale as above, McIntyre in view of Srivastava, Printify and Heather teaches system and method, wherein tracking the proprietary rights includes: determining a royalty rate associated with the proprietary rights; tracking fees generated using visual content of the approved content data set; and accounting for royalty payments based on the royalty rate (McIntyre, It should be noted that the effect of registration (132) permits the definition of the electronic funds transfer agreement for distribution of proceeds from the sale or use of images uploaded and originating from the professional image database 94. In a manner well understood in the electronic commerce art, brokerage fees are a form of revenue sharing where the network photoservice provider 60 collects a percentage of the revenue associated with a user's selection of a professional image to print for example before distributing the balance of the incurred fee to the professional photographer who has registered with the network photoservice provider 60) [McIntyre, 0051].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over McIntyre et al. US Publication 2004/0143394 in view of Srivastava et al. US Publication 2021/0357892, Information of Printify.com, YouTube video “Merch by Amazon Tips & Tricks on Rejected T-Shirts and Max Limits” hereinafter referred to as Heather and Anita Njoki published article “Introducing the Print Bar, a True Aussie Trend-Setter”.
Regarding claim 5, as combined and under the same rationale as above, McIntyre in view of Srivastava, Printify and Heather does not explicitly teach graphical indicator of an event. However, Printify teaches commercial merchandise can be imprinted with your design [Printify, page 1]. Njoki teaches the Print-on-Demand (POD) can be used for imprinting visual content related to an event [Njoki, page 1, 3].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify McIntyre in view of Srivastava, Printify and Heather by adopting teachings of Njoki to expand the provisioning of the POD services to small business.
McIntyre in view Srivastava, Printify, Heather and Njoki teaches system and method further comprising:
applying an overlay template associating the visual content with a graphical indicator of the event; and wherein the commercial transaction includes the visual content with the graphical indicator of the event [Njoki, page 1, 3].
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent because under 35 USC 101 is acknowledged and considered.
However, upon further review of the pending amended claims, it is deemed that the claimed amended claims are not eligible for patent under 35 USC 101 and have been responded to in Rejection under 35 USC 101 section.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach is acknowledged.
However, while performing an updated search, a new prior art which is cited in this office action. Therefore, applicant’s arguments and concerns are moot under new grounds or rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
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, Ilana Spar can be reached at 571.270.7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NARESH VIG/Primary Examiner, Art Unit 3622
October 20, 2025