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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 5, 6, 8, 10-12, 14-16, 18, 19, 22, 23,
25, 27-29, 31-33, 86-88 and 90-98 have been considered but are moot in view of a new ground(s) of rejection. The amendments to the claims necessitated the new ground(s) of rejection discussed below. This office action is made FINAL.
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 (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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. Claim(s) 1, 2, 5, 6, 8, 10-12, 14-16, 18, 19, 22, 23, 25, 27-29, 31-33, 86-88 and 90-98 is/are rejected under 35 U.S.C. 103 as being unpatentable over YANG et al (2022/0239988) in view of MAWATARI (2015/0012601)
As to claims 1, 2, 5 and 6, YANG discloses a display method and apparatus for item information device and further discloses a method a method comprising:
Generating (Cloud based: Server and/or Display Device/Host “SDDH”): comprising a memory configured to store instructions; and processing circuitry configured to: generate for display on a display of a user device, a first content, where the first content is provided by way of a first application (figs.1-13, [0038-0051] and [0063-0077]),
Receiving (Server and/or Display Device/Host “SDDH”), while the first content is being displayed, input to launch an electronic messaging application, wherein the electronic messaging application is a distinct application from the first application providing the first content, and wherein the electronic messaging application provides for display a plurality of electronic messages received from a plurality of contacts of a user of the user device ([0038-0057], [0058-0085] and [0115-0118]), SDDH includes plurality of Host or plurality of SDD or Servers in a live streaming viewer room; SDD or streaming Host receives plurality of items and distributes to other SDD or Host, and further generates electronic messages of contacts “EMCs”: comment information; includes public comment information published by the viewer account, streaming viewer room information, a name of the live stream viewer room, a name of the live stream; product link(s) information set by the live host account, user ID of the viewer account or specific links, etc.;
determining (Server and/or Display Device/Host “SDDH”) that a first electronic message of the plurality of electronic messages, received from a first contact of the plurality of contacts, is marked with an indication of not having been read by the user; determining that a second electronic message of the plurality of electronic messages, received from a second contact of the plurality of contacts, is marked with an indication of having been read by the user (voice response ([0058-0085], [0115-0118], [0136-0143], [0149-0154] and [0177-0183]), SDDH voice response for interactive messages; and when nothing is received via voice within a time period as indication that the user has not read the messages, the SDDH signs the user to “say something”;
assigning a higher priority to the first electronic message, (higher transparency than the other) in relation to the first content and the second electronic message, based at least in part on: the received input to launch the electronic messaging application; and the determination that the first electronic message is marked with the indication of not having been read by the user, and that the second electronic message is marked with the indication of having been read by the user launching the electronic messaging application based at least in part on the received input; and based at least in part on the assigning of the higher priority to the first electronic message, in relation to the second electronic message and the first content ([0058-0085], [0115-0118], [0136-0143], [0149-0154] and [0177-0183]), electronic message recognition control “EMRC” may be perform by Server and/or Display Device/Host to recognition a user interaction to EMCs (messages that includes links: URLs, etc., e.g., two or more items or electronic messages in different region or areas of the display; each includes user ID of the viewer account or specific links: product links or target item(s)) the function control are expanded during interaction by clicking or by voice (Read); tags, timestamps EMCs and communicates to a server(s) or Host(s); tags EMCs may be ranked including performing face recognition and displaying one at a higher transparency than the other based on having a face recognition and not having a face recognition on specific EMCs
determining that the at least a portion of the second content has the priority, generating, for simultaneous display on the display of the user device: the plurality of electronic messages of the launched electronic messaging application second content in a first window; and the first content in a second window that is positioned or formatted to (i) avoid obscuring the at least a portion of the second content first electronic message of the first window marked with the indication of not having been read by the user and (ii) obscure the second electronic message of the first window marked with the indication of having been read by the user ([0058-0093], [0112-0143], [0149-0155], [0177-0183] and [0189-0191]), Server and/or Display Device/Host to recognition a user interaction to EMCs (messages that includes links: URLs, etc., e.g., two or more items or electronic messages in different region or areas of the display; tag item(s) or objects with respective tag display information (windows or shape streams: pop up the link or notification and timestamps) are displayed within the live streaming interface image forming plurality of regions of specific pixels region(s); EMC(s) includes user ID of the viewer account or specific links: product links or target item(s)) the function control are expanded during interaction by clicking or by voice (Read); tags, timestamps EMCs and communicates to a server(s) or Host(s); tags EMCs may be ranked including performing face recognition and displaying one at a higher transparency than the other based on having a face recognition and not having a face recognition on specific EMCs.
YANG discloses tracking user interactions to electronics messages: directly interaction and/or voice response marking specific messages accordingly and assigning priorities, as discussed above, BUT appears silent as to marking messages as not read
However, in the same field of endeavor, MAWATARI discloses message transfer apparatus and further discloses marking messages as not read with notification (figs.1-10, Abstract, [0031-0035] and [0051-0078])
Hence it would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of MAWATARI into the system of YANG generate additional indicators for unread messages and efficiency process all message as desired for a specific application.
As to claims 8 and 10, YANG further discloses wherein the first window is generated by a messaging application of the device, wherein the display of the first window is generated based at least in part on a receipt of the message and wherein and the priority of the the first electronic message is assigned further based at least in part on a stored pattern of user interactions indicating that the user frequently responds to an electronic message received from the first contact within a threshold amount of time from receiving an electronic message from the first contact ([0041-0052], [0063-0077], [0081-0093], [0099-0105], [0112-0155], [0136-0156], [0177-0190] and [0188-0132]), Server and/or Display Device/Host includes item recognition module (IRM) and timestamps, item(s), link information and the streaming image(s) accordingly to further retrieve additional related information, upon receiving an input or trigger, generates an item link region or window, sort at least one item link with a recommendation index, ranks the target position to display the link region or window within a location outside the streaming live item, superimposed within the live streaming image with a first, second, etc., transparency where the first transparency is higher than the second; furthermore, the phrase “say something” generates multiple levels of windows superimposed based on the received information; note further remarks claims 1, 2, 5 and 6.
As to claims 11, 12 and 14, YANG further discloses determining that first electronic message in the first window is positioned at a second location of the display, the second location being different from an initial display position of the first electronic message in the first window; and based at least in part on the determining that the first electronic message is positioned at the second location, re-positioning the second window including the first content to avoid obscuring the first electronic message positioned at the second location; receiving input to provide a virtual keyboard (voice keywords interaction to specific displayed icons or links) for generating a electronic message responding to the first electronic message; determining that the virtual keyboard has priority relative to the first content in the second window and based at least in part on the determining that the virtual keyboard has priority relative to the first content in the second window, repositioning or reformatting the second window to avoid obscuring the virtual keyboard and determining that the first electronic message has lost the priority; and based at least in part on determining that the first electronic message has lost the priority, adjusting the display of the second window including the first content to a predetermined position or to a predetermined format that is permitted to obscure the first electronic message ([0041-0052], [0063-0077], [0081-0093], [0099-0105], [0112-0155], [0136-0156], [0177-0190] and [0188-0132]), Server and/or Display Device/Host, includes item recognition module (IRM) that dynamically changes displaying format based on user interactions; timestamps, item(s), link information and the streaming image(s) accordingly to further retrieve additional related information, upon receiving an input or trigger, generates an item link region or window, sort at least one item link with a recommendation index, ranks the target position to display the link region or window within a location outside the streaming live item, superimposed within the live streaming image with a first, second, etc., transparency where the first transparency is higher than the second; furthermore, the phrase “say something” generates multiple levels of windows superimposed based on the received information.
As to claims 15-16, YANG further discloses wherein the first electronic message is determined to have lost the priority based at least in part on a scrolling user input, a cursor user input, or an expiration of a priority time interval and where the first content is the second window comprise a video being provided by the first application ([0041-0052], [0063-0077], [0081-0093], [0099-0105], [0112-0155] and [0188-0132]), note remarks claims 1, 2, 5 and 6.
Claim 17 is met as previously discussed in claims 1, 2, 5 and 6.
As to claims 18, 19 and 22, 23 and 25, the claimed “A system comprising…” is composed of the same structural elements that were discussed with respect to claims 1, 2, 5 and 6.
Claims 27-29 and 31 are met as previously discussed in claims 11, 12 and 14.
Claims 32-33 are met as previously discussed in claims 15-16.
As to claims 86-87, YANG further discloses wherein: the user device is a first smartphone; the first electronic message was received at the user device first smartphone at a first time from the first contact associated with a second smartphone and the second electronic message was received at the first smartphone at a second time later than the first time from the second contact associated with a third smartphone causing the first electronic message of the first window not to be obscured by the second window is further based at least in part on the first electronic message having been received at the first smartphone at the later second time in relation to the first electronic message; and the second window is caused to obscure the second electronic message, based at least in part on the second electronic message having been received at the first smartphone at the earlier first time in relation to the first electronic message and wherein the plurality of electronic messages correspond to text messages received from other smartphones at the first smartphone ([0041-0052], [0063-0077], [0081-0093], [0099-0105], [0112-0155], [0136-0156], [0177-0190] and [0188-0132]), Server and/or Display Device/Host, includes item recognition module (IRM) and timestamps, item(s), link information and the streaming image(s) accordingly to further retrieve additional related information, upon receiving an input or trigger, generates an item link region or window, sort at least one item link with a recommendation index, ranks the target position to display the link region or window within a location outside the streaming live item, superimposed within the live streaming image with a first, second, etc., transparency where the first transparency is higher than the second; furthermore, the phrase “say something” generates multiple levels of windows superimposed based on the received information
As to claim 88, YANG further discloses predicting a user of the user device is most likely to interact with the first electronic message of the plurality of electronic messages, wherein causing the first electronic message not be obscured by the second window further based at least in part in the predicting ([0035-0036], [0090-0092], [0143-0147] and 0192-0194]), note remarks 1, 2, 5 and 6.
Claims 90-91 are met as previously discussed in claims 1, 2, 5 and 6.
Claim 92 is met as previously discussed in claims 11, 12 and 14.
Claims 93-94 are met as previously discussed in claims 86-87.
Claim 95 is met as previously discussed in claim 88.
Claims 96-98 are met as previously discussed in claims 1, 2, 5 and 6.
Conclusion
5. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRUCKART BENJAMIN can be reached on 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN Q. SHANG
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