DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claim 30 is objected to because of the following informalities: “the associate data” appears in line 26, rather than “the associated data”.
Claim 33 is objected to because of the following informalities: “and a selecting send button.” appears in line 19, rather than “and selecting a send button.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. 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.
6. Claims 1-4, 6-25, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al., U.S. Patent Application Publication 2014/0364158 (hereinafter Hwang), in view of Hemar, U.S. Patent Application Publication 2015/0200889 (hereinafter Hemar).
Regarding claim 1, Hwang discloses a method for storing and sending a computer location (disclosed is a method for storing and transmitting a captured image that includes supplementary information (whereby this supplementary information comprises a URL address [“computer location”], according to [0120]), according to [0162], Fig. 8 [steps 850 and 860] (note that [0161] indicates that the operations of the method of Fig. 8 correspond to counterpart operations of the method of Fig. 5, with details being provided in relation to the latter and therefore omitted in relation to the former, therefore details from the description associated with Fig. 5 are provided in the rejections of claim 1 and its dependent claims that are based on Fig. 8)) comprising:
initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen (the user of a mobile terminal [“first device”] causes a screen capturing sequence to be performed, whereby the mobile terminal comprises a controller [“first processor”] and a display unit [“first display screen”], according to [0159]-[0162]);
wherein the capture sequence comprises:
obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step (the process [“visual data”] displayed on the display unit is captured (whereby this capturing is performed by the controller in response to the screen capturing command being input, according to [0113]-[0114]), according to [0160]-[0161], Fig. 8 [step 810]);
obtaining, by the first processor, location data corresponding to a computer location accessed by the first device (supplementary information is extracted (whereby the supplementary information extracted by the controller comprises a URL address of said displayed process, according to [0116]-[0120]), according to [0160]-[0161], Fig. 8 [step 830]);
storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other (the captured screen and the extracted supplementary information are stored together as a captured image [“associated data”] (whereby the captured screen and the extracted supplementary information are stored together in memory by the controller, according to [0127]), according to [0160]-[0161], Fig. 8 [step 850]); and
sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen (the controller of the mobile terminal transmits the aforementioned captured image to another mobile terminal [“second device”] to be displayed to the user of that mobile terminal (this other mobile terminal therefore also necessarily comprises a processor and display screen), according to [0162], Fig. 8 [step 860]).
Hwang does not expressly disclose that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device comprises providing a single input by a user of the first device.
Hemar discloses that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device comprises providing a single input by a user of the first device (a smartphone user may take a photograph and send said photograph to a known contact using a single tap, according to [0068]-[0069], [0121], Figs. 1 and 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang with Hemar such that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device comprises providing a single input by a user of the first device.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 13, Hwang discloses a device for storing and sending a computer location (disclosed is a mobile terminal, according to Abstract, [0112], whereby said mobile terminal stores and transmits a captured image that includes supplementary information (whereby this supplementary information comprises a URL address [“computer location”], according to [0120]), according to [0162], Fig. 8 [steps 850 and 860]) comprising:
a processor (the mobile terminal comprises a controller [“processor”], according to [0112]-[0116]);
a display screen (the mobile terminal comprises a display unit [“display screen”], according to [0112]);
an input element (the mobile terminal includes input means [“input element”], according to [0112], [0115]); and
a computer readable non-transitory storage medium (the mobile terminal comprises a memory [“computer readable non-transitory storage medium”], according to [0127]);
wherein the device is configured to perform a capture sequence (a screen capturing command is input using the input means and detected by the controller, which in turn initiates a screen capturing sequence for said mobile terminal, according to [0112]-[0116]), the capture sequence comprising:
obtaining, by the processor, visual data corresponding to an image displayed on the display screen (when the screen capturing command is input, the controller captures the screen of the process [“visual data”] that is being displayed on the display unit, according to [0113]-[0114], Fig. 5 [step 510]);
obtaining, by the processor, location data corresponding to a computer location accessed by the device (the controller of the mobile terminal extracts supplementary information associated with the process displayed on the display unit, whereby said supplementary information comprises a URL address of said displayed process, according to [0116]-[0120], Fig. 5 [step 520]); and
storing, by the processor, the visual data and the location data as associated data in the storage medium such that the visual data and the location data are associated with each other (the controller stores the captured screen and the associated supplementary information together in memory as a captured image [“associated data”], according to [0127], Fig. 5 [step 540]).
Hwang does not expressly disclose that the device is configured to perform the capture sequence and send the associated data to a second device having a second processor and a second display screen when the processor detects a single input provided by a user with the input element.
Hemar discloses that the device is configured to perform the capture sequence and send the associated data to a second device having a second processor and a second display screen when the processor detects a single input provided by a user with the input element (a smartphone user may take a photograph and send said photograph to a known contact using a single tap, according to [0068]-[0069], [0121], Figs. 1 and 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang with Hemar such that the device is configured to perform the capture sequence and send the associated data to a second device having a second processor and a second display screen when the processor detects a single input provided by a user with the input element.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 23, Hwang discloses a method for storing and sending a computer location (disclosed is a method for storing and transmitting a captured image that includes supplementary information (whereby this supplementary information comprises a URL address [“computer location”], according to [0120]), according to [0162], Fig. 8 [steps 850 and 860]) comprising:
initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen (the user of a mobile terminal [“first device”] causes a screen capturing sequence to be performed, whereby the mobile terminal comprises a controller [“first processor”] and a display unit [“first display screen”], according to [0159]-[0162]);
wherein the capture sequence comprises:
obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step (the process [“visual data”] displayed on the display unit is captured (whereby this capturing is performed by the controller in response to the screen capturing command being input, according to [0113]-[0114]), according to [0160]-[0161], Fig. 8 [step 810]);
obtaining, by the first processor, location data corresponding to a computer location accessed by the first device (supplementary information is extracted (whereby the supplementary information extracted by the controller comprises a URL address of said displayed process, according to [0116]-[0120]), according to [0160]-[0161], Fig. 8 [step 830]);
storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other (the captured screen and the extracted supplementary information are stored together as a captured image [“associated data”] (whereby the captured screen and the extracted supplementary information are stored together in memory by the controller, according to [0127]), according to [0160]-[0161], Fig. 8 [step 850]); and
sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen (the controller of the mobile terminal transmits the aforementioned captured image to another mobile terminal [“second device”] to be displayed to the user of that mobile terminal (this other mobile terminal therefore also necessarily comprises a processor and display screen), according to [0162], Fig. 8 [step 860]).
Hwang does not expressly disclose that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only three inputs to the first device.
Hemar discloses that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only three inputs to the first device (after receiving multiple entries of recipients from the user, the smartphone creates a single send button for the pre-defined group consisting of those recipients (whereby the number of desired recipients may be two, according to [0098]), such that a tap of the send button results in the photograph being sent to those recipients (thus, for two recipients, there are three inputs), according to [0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang with Hemar such that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only three inputs to the first device.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 33, Hwang discloses a method for storing and sending a computer location (disclosed is a method for storing and transmitting a captured image that includes supplementary information (whereby this supplementary information comprises a URL address [“computer location”], according to [0120]), according to [0162], Fig. 8 [steps 850 and 860]) comprising:
initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen (the user of a mobile terminal [“first device”] causes a screen capturing sequence to be performed, whereby the mobile terminal comprises a controller [“first processor”] and a display unit [“first display screen”], according to [0159]-[0162]);
wherein the capture sequence comprises:
obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step (the process [“visual data”] displayed on the display unit is captured (whereby this capturing is performed by the controller in response to the screen capturing command being input, according to [0113]-[0114]), according to [0160]-[0161], Fig. 8 [step 810]);
obtaining, by the first processor, location data corresponding to a computer location accessed by the first device (supplementary information is extracted (whereby the supplementary information extracted by the controller comprises a URL address of said displayed process, according to [0116]-[0120]), according to [0160]-[0161], Fig. 8 [step 830]);
storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other (the captured screen and the extracted supplementary information are stored together as a captured image [“associated data”] (whereby the captured screen and the extracted supplementary information are stored together in memory by the controller, according to [0127]), according to [0160]-[0161], Fig. 8 [step 850]); and
sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen (the controller of the mobile terminal transmits the aforementioned captured image to another mobile terminal [“second device”] to be displayed to the user of that mobile terminal (this other mobile terminal therefore also necessarily comprises a processor and display screen), according to [0162], Fig. 8 [step 860]).
Hwang does not expressly disclose sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen; wherein the steps of: initiating a capture sequence of the first device, sending, by the first device, the associated data to the second device, and sending by the first device, the associated data to the third device are caused by a user of the first device providing only three inputs, the only three inputs comprising selecting a contact, selecting an additional contact, and a selecting send button.
Hemar discloses sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen; wherein the steps of: initiating a capture sequence of the first device, sending, by the first device, the associated data to the second device, and sending by the first device, the associated data to the third device are caused by a user of the first device providing only three inputs, the only three inputs comprising selecting a contact, selecting an additional contact, and a selecting send button (after receiving multiple entries of recipients from the user, the smartphone creates a single send button for the pre-defined group consisting of those recipients (whereby the number of desired recipients may be two, according to [0098]), such that a tap of the send button results in the photograph being sent to those recipients (thus, for two recipients, there are three inputs), according to [0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang with Hemar by sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen; wherein the steps of: initiating a capture sequence of the first device, sending, by the first device, the associated data to the second device, and sending by the first device, the associated data to the third device are caused by a user of the first device providing only three inputs, the only three inputs comprising selecting a contact, selecting an additional contact, and a selecting send button
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 2, the combination of Hwang and Hemar discloses all the limitations of claim 1. Additionally, Hwang discloses displaying the image on the second display screen of the second device based on the associated data (the captured image (which associates the captured screen and the supplementary information, as outlined above) is displayed on the other mobile terminal, according to [0162]).
Regarding claim 3, the combination of Hwang and Hemar discloses all the limitations of claim 2. Additionally, Hwang discloses interacting, by a user of the second device, with the image, thereby causing the second device to access the computer location (the user of the second mobile terminal selects an icon in order to connect to the URL address, according to [0171], Fig. 9B [element 960]).
Regarding claim 4, the combination of Hwang and Hemar discloses all the limitations of claim 1. Additionally, Hwang discloses obtaining, by the first processor, video progress data, wherein the video progress data indicates a particular point in time of a video provided at the computer location, and wherein the storing of the visual data and location data further comprises storing the video progress data as the associated data such that the visual data, the location data and the video progress data are associated with each other (the controller [“first processor”] obtains the video playback point [“video progress data”] of a screen captured video that was playing in a web page corresponding to a URL [“computer location”], whereby in response to the screen capturing command, the controller stores the extracted URL information together with the video time information as a captured image, according to [0180]-[0181], Fig. 10C [element 1070]).
Regarding claim 6, the combination of Hwang and Hemar discloses all the limitations of claim 1. Additionally, Hwang discloses that the storing of the visual data and the location data comprises generating a data file that includes the associated data and storing the data file in a storage medium of the first device (a captured image [“data file”] is generated from the captured screen and the supplementary information (which comprises a URL address, according to [0120]) that is associated with said captured screen, and is stored by the controller in memory, according to [0127]).
Regarding claim 7, the combination of Hwang and Hemar discloses all the limitations of claim 1.
Hwang does not expressly disclose that the storing of the visual data and the location data comprises transmitting the associated data to a server for storage, wherein the server is remote from the first device and the second device.
Hemar discloses that the storing of the visual data and the location data comprises transmitting the associated data to a server for storage, wherein the server is remote from the first device and the second device (the photograph data is transmitted to Facebook [“a server for storage, wherein the server is remote from the first device and the second device”], according to [0071], [0075], Figs. 3A-3B [element 8A], whereby Facebook is on an external third party server, according to [0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the storing of the visual data and the location data comprises transmitting the associated data to a server for storage, wherein the server is remote from the first device and the second device.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 8, the combination of Hwang and Hemar discloses all the limitations of claim 1.
Hwang does not expressly disclose that the single input provided by the user comprises a selection of a contact.
Hemar discloses that the single input provided by the user comprises a selection of a contact (the single tap may correspond to a specific contact, thereby causing the photograph to be sent to that contact, according to [0075], Figs. 3A-3B [element 8B]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the single input provided by the user comprises a selection of a contact.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 9, the combination of Hwang and Hemar discloses all the limitations of claim 8.
Hwang does not expressly disclose that the selection of the contact comprises selecting the contact from a plurality of contacts.
Hemar discloses that the selection of the contact comprises selecting the contact from a plurality of contacts (the contact is selected from a plurality of contacts, such as “Bill” and “John”, according to [0086], [0091], Figs. 3A-3B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the selection of the contact comprises selecting the contact from a plurality of contacts.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 10, the combination of Hwang and Hemar discloses all the limitations of claim 1.
Hwang does not expressly disclose that the plurality of contacts are a group of most frequently messaged contacts by the first device.
Hemar discloses that the plurality of contacts are a group of most frequently messaged contacts by the first device (a mobile communication devices creates a button on its display corresponding to contacts most often contacted, according to [0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the plurality of contacts are a group of most frequently messaged contacts by the first device.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 11, the combination of Hwang and Hemar discloses all the limitations of claim 9.
Hwang does not expressly disclose that the plurality of contacts are a group of most recently messaged contacts by the first device.
Hemar discloses that the plurality of contacts are a group of most recently messaged contacts by the first device (the plurality of contacts may be the last 5 contacts contacted, according to [0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the plurality of contacts are a group of most recently messaged contacts by the first device.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 12, the combination of Hwang and Hemar discloses all the limitations of claim 1.
Hwang does not expressly disclose that the visual data continues to be displayed during the sending, by the first device.
Hemar discloses that the visual data continues to be displayed during the sending, by the first device (the photograph continues to be displayed on the smartphone while said photograph is being sent to Facebook, according to [0071], [0075], Figs. 3A-3B [elements 8A and 15]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the visual data continues to be displayed during the sending, by the first device.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 14, the combination of Hwang and Hemar discloses all the limitations of claim 13.
Hwang does not expressly disclose that the detection of the single input by the processor causes the device to perform the capture sequence without additional input from the user beyond the single input.
Hemar discloses that the detection of the single input by the processor causes the device to perform the capture sequence without additional input from the user beyond the single input (a single tap causes the smartphone to take and send the photograph, according to [0068]-[0069], [0121]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the detection of the single input by the processor causes the device to perform the capture sequence without additional input from the user beyond the single input.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 15, the combination of Hwang and Hemar discloses all the limitations of claim 13. Additionally, Hwang discloses that the device is configured to store the associated data with a plurality of other associated data (the captured screen and the supplementary information that are stored together in memory [“associated data”] may also be stored with identification information and description information, according to [0127]-[0129]).
Claim 16 does not differ substantively from claim 8, and is therefore rejected on the same grounds as claim 8.
Claim 17 does not differ substantively from claim 9, and is therefore rejected on the same grounds as claim 9.
Claim 18 does not differ substantively from claim 10, and is therefore rejected on the same grounds as claim 10.
Claim 19 does not differ substantively from claim 11, and is therefore rejected on the same grounds as claim 11.
Claim 20 does not differ substantively from claim 12, and is therefore rejected on the same grounds as claim 12.
Regarding claim 21, the combination of Hwang and Hemar discloses all the limitations of claim 8.
Hwang does not expressly disclose repeating the capture sequence by the first device; and sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen; wherein the steps of repeating the capture sequence of the first device and sending, by the first device, the associated data to the third device comprises providing a selection of a second contact.
Hemar discloses repeating the capture sequence by the first device (photographs may be sent successively to various contacts, according to [0075], Fig. 3A); and
sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen (the photograph may be sent in an SMS message to a different contact (such as “John” rather than “Bill”), according to [0075], Fig. 3A);
wherein the steps of repeating the capture sequence of the first device and sending, by the first device, the associated data to the third device comprises providing a selection of a second contact (the smartphone user sends the photograph to the desired contact by tapping on the contact’s name, according to [0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar by repeating the capture sequence by the first device; and sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen; wherein the steps of repeating the capture sequence of the first device and sending, by the first device, the associated data to the third device comprises providing a selection of a second contact.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 22, the combination of Hwang and Hemar discloses all the limitations of claim 21.
Hwang does not expressly disclose that the visual data continues to be displayed during the sending, by the first device, the associated data to the first device and during the sending, by the first device, the associated data to the third device.
Hemar discloses that the visual data continues to be displayed during the sending, by the first device, the associated data to the first device and during the sending, by the first device, the associated data to the third device (the photograph continues to be displayed on the smartphone while said photograph is being sent, according to [0071], [0075], Figs. 3A-3B [elements 8A and 15]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the visual data continues to be displayed during the sending, by the first device, the associated data to the first device and during the sending, by the first device, the associated data to the third device.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 24, the combination of Hwang and Hemar discloses all the limitations of claim 23.
Hwang does not expressly disclose that the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting an app icon, and selecting a contact.
Hemar discloses that the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting an app icon, and selecting a contact (the user enables the smartphone’s camera [“activation input”], according to [0071], whereby said user may select the Facebook app icon to share the photograph to Facebook and may also select “John” to share the photograph with the corresponding individual, according to [0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting an app icon, and selecting a contact.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Regarding claim 25, the combination of Hwang and Hemar discloses all the limitations of claim 23.
Hwang does not expressly disclose that the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting a contact, and selecting a send button.
Hemar discloses that the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting a contact, and selecting a send button (the user enables the smartphone’s camera [“activation input”], according to [0071], whereby a user may pre-define a recipient [“selecting a contact”] that is associated with the send button, and then single tap the send button, according to [00969]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Hemar such that the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting a contact, and selecting a send button.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
7. Claims 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang, in view of Jagernauth, U.S. Patent Application Publication 2014/0012924 (hereinafter Jagernauth).
Regarding claim 26, Hwang discloses a method for storing and sending a computer location (disclosed is a method for storing and transmitting a captured image that includes supplementary information (whereby this supplementary information comprises a URL address [“computer location”], according to [0120]), according to [0162], Fig. 8 [steps 850 and 860]) comprising:
initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen (the user of a mobile terminal [“first device”] causes a screen capturing sequence to be performed, whereby the mobile terminal comprises a controller [“first processor”] and a display unit [“first display screen”], according to [0159]-[0162]);
wherein the capture sequence comprises:
obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step (the process [“visual data”] displayed on the display unit is captured (whereby this capturing is performed by the controller in response to the screen capturing command being input, according to [0113]-[0114]), according to [0160]-[0161], Fig. 8 [step 810]);
obtaining, by the first processor, location data corresponding to a computer location accessed by the first device (supplementary information is extracted (whereby the supplementary information extracted by the controller comprises a URL address of said displayed process, according to [0116]-[0120]), according to [0160]-[0161], Fig. 8 [step 830]);
storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other (the captured screen and the extracted supplementary information are stored together as a captured image [“associated data”] (whereby the captured screen and the extracted supplementary information are stored together in memory by the controller, according to [0127]), according to [0160]-[0161], Fig. 8 [step 850]); and
sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen (the controller of the mobile terminal transmits the aforementioned captured image to another mobile terminal [“second device”] to be displayed to the user of that mobile terminal (this other mobile terminal therefore also necessarily comprises a processor and display screen), according to [0162], Fig. 8 [step 860]).
Hwang does not expressly disclose that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only four inputs to the first device consisting of: providing an activation input, selecting an app icon, selecting a contact, and selecting a send button.
Jagernauth discloses that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only four inputs to the first device consisting of: providing an activation input, selecting an app icon, selecting a contact, and selecting a send button (a user is able to push a recommendation, comprising a group specific rating, for a specific application, by opening an application service client application [“selecting an app icon”], then selecting a recommend button [“providing an activation input”], selecting a contact that is to receive the application recommendation, and then selecting a send button, according to [0058]-[0059], Figs. 14-15 [elements 140, 154, 158, 160, and 170]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang with Jagernauth such that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only four inputs to the first device consisting of: providing an activation input, selecting an app icon, selecting a contact, and selecting a send button.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the saving of time and effort in determining which applications to download (Jagernauth: [0002]-[0003]).
Regarding claim 27, Hwang discloses a method for storing and sending a computer location (disclosed is a method for storing and transmitting a captured image that includes supplementary information (whereby this supplementary information comprises a URL address [“computer location”], according to [0120]), according to [0162], Fig. 8 [steps 850 and 860]) comprising:
initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen (the user of a mobile terminal [“first device”] causes a screen capturing sequence to be performed, whereby the mobile terminal comprises a controller [“first processor”] and a display unit [“first display screen”], according to [0159]-[0162]);
wherein the capture sequence comprises:
obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step (the process [“visual data”] displayed on the display unit is captured (whereby this capturing is performed by the controller in response to the screen capturing command being input, according to [0113]-[0114]), according to [0160]-[0161], Fig. 8 [step 810]);
obtaining, by the first processor, location data corresponding to a computer location accessed by the first device (supplementary information is extracted (whereby the supplementary information extracted by the controller comprises a URL address of said displayed process, according to [0116]-[0120]), according to [0160]-[0161], Fig. 8 [step 830]);
storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other (the captured screen and the extracted supplementary information are stored together as a captured image [“associated data”] (whereby the captured screen and the extracted supplementary information are stored together in memory by the controller, according to [0127]), according to [0160]-[0161], Fig. 8 [step 850]); and
sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen (the controller of the mobile terminal transmits the aforementioned captured image to another mobile terminal [“second device”] to be displayed to the user of that mobile terminal (this other mobile terminal therefore also necessarily comprises a processor and display screen), according to [0162], Fig. 8 [step 860]).
Hwang does not expressly disclose that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing more than three inputs to the first device; and wherein the user of the first device providing more than three inputs to the first device comprises: providing an activation input, selecting a contact, selecting an additional contact, and selecting a send button.
Jagernauth discloses that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing more than three inputs to the first device; and wherein the user of the first device providing more than three inputs to the first device comprises: providing an activation input, selecting a contact, selecting an additional contact, and selecting a send button (a user is able to push a recommendation, comprising a group specific rating, for a specific application, by selecting a recommend button [“providing an activation input”], selecting a plurality of contacts that are to receive the application recommendation [“selecting a contact, selecting an additional contact”], and then selecting a send button, according to [0058]-[0059], Figs. 14-15 [elements 140, 154, 158, 160, and 170]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang with Jagernauth such that the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing more than three inputs to the first device; and wherein the user of the first device providing more than three inputs to the first device comprises: providing an activation input, selecting a contact, selecting an additional contact, and selecting a send button.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the saving of time and effort in determining which applications to download (Jagernauth: [0002]-[0003]).
Regarding claim 28, the combination of Hwang and Jagernauth discloses all the limitations of claim 27.
Hwang does not expressly disclose that the providing the activation input comprises selecting a share button.
Jagernauth discloses that the providing the activation input comprises selecting a share button (the activation input is provided by selecting a recommend button [“share button”], according to [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Jagernauth with Jagernauth such that the providing the activation input comprises selecting a share button.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the saving of time and effort in determining which applications to download (Jagernauth: [0002]-[0003]).
Regarding claim 29, the combination of Hwang and Jagernauth discloses all the limitations of claim 27.
Hwang does not expressly disclose that the user of the first device providing more than three inputs to the first device further comprises selecting an app icon.
Jagernauth discloses that the user of the first device providing more than three inputs to the first device further comprises selecting an app icon (the application recommendation is sent after opening an application service client application [“selecting an app icon”], according to [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Jagernauth with Jagernauth such that the user of the first device providing more than three inputs to the first device further comprises selecting an app icon.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the saving of time and effort in determining which applications to download (Jagernauth: [0002]-[0003]).
8. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Hemar as applied to claim 1 above, further in view of Haeuptle et al., U.S. Patent Application Publication 2004/0205490 (hereinafter Haeuptle).
Regarding claim 5, the combination of Hwang and Hemar discloses all the limitations of claim 1.
Neither Hwang nor Hemar expressly discloses that the location data contains a unique session identifier.
Haeuptle discloses that the location data contains a unique session identifier (a
URL ["location data"] includes a unique session identifier, according to [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hwang as modified by Hemar with Haeuptle such that the location data contains a unique session identifier.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate online shopping (Haeuptle: [0006]-[0008]).
Double Patenting
9. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
10. Claims 1-25 and 30-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,553,316 in view of Hemar. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in U.S. Patent No. 11,553,316 with obvious wording variations. Take an example of comparing independent claim 1 of the pending application and claim 1 of U.S. Patent No. 11,553,316:
Claim 1 of pending application 18/151,685
Claim 1 of U.S. Patent No. 11,553,316
“A method for storing and sending a computer location comprising:”
“A method for storing and sending a computer location comprising:”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“wherein the capture sequence comprises:”
“wherein the capture sequence comprises:”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device comprises providing a single input by a user of the first device.”
Claim 1 of U.S. Patent No. 11,553,316 recites the same subject matter as claim 1 of the pending application 18/151,685, except the pending application recites “wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device comprises providing a single input by a user of the first device.” Hemar discloses this feature (a smartphone user may take a photograph and send said photograph to a known contact using a single tap, according to [0068]-[0069], [0121], Figs. 1 and 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 11,553,316 with Hemar to arrive at claim 1 of the pending application in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Take an example of comparing independent claim 13 of the pending application and claim 9 of U.S. Patent No. 11,553,316:
Claim 13 of pending application 18/151,685
Claim 9 of U.S. Patent No. 11,553,316
“A device for storing and sending a computer location comprising:”
“A device for storing and sending a computer location comprising:”
“a processor;”
“a first processor;”
“a display screen;”
“a first display screen;”
“an input element; and”
“an input element; and”
“a computer readable non-transitory storage medium;”
“a computer readable non-transitory storage medium;”
“wherein the device is configured to perform a capture sequence, the capture sequence comprising:”
“wherein the device is configured to perform a capture sequence based on a detection, by the processor, of a single activation input performed by a user on the input element; and wherein the capture sequence comprises:”
“obtaining, by the processor, visual data corresponding to an image displayed on the display screen;”
“obtaining, by the processor, visual data corresponding to an image displayed on the display screen at the time of the detection of the activation input by the processor;”
“obtaining, by the processor, location data corresponding to a computer location accessed by the device; and”
“obtaining, by the processor, location data corresponding to a computer location accessed by the device; and”
“storing, by the processor, the visual data and the location data as associated data in the storage medium such that the visual data and the location data are associated with each other”
“storing, by the processor, the visual data and the location data as associated data in the storage medium such that the visual data and the location data are associated with each other;”
“wherein the device is configured to perform the capture sequence and send the associated data to a second device having a second processor and a second display screen when the processor detects a single input provided by a user with the input element.”
Claim 9 of U.S. Patent No. 11,553,316 recites the same subject matter as claim 13 of the pending application 18/151,685, except the pending application recites “wherein the device is configured to perform the capture sequence and send the associated data to a second device having a second processor and a second display screen when the processor detects a single input provided by a user with the input element.” Hemar discloses this feature (a smartphone user may take a photograph and send said photograph to a known contact using a single tap, according to [0068]-[0069], [0121], Figs. 1 and 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 9 of U.S. Patent No. 11,553,316 with Hemar to arrive at claim 13 of the pending application in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Take an example of comparing independent claim 23 of the pending application and claim 1 of U.S. Patent No. 11,553,316:
Claim 23 of pending application 18/151,685
Claim 1 of U.S. Patent No. 11,553,316
“A method for storing and sending a computer location comprising:”
“A method for storing and sending a computer location comprising:”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“wherein the capture sequence comprises:”
“wherein the capture sequence comprises:”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only three inputs to the first device.”
Claim 1 of U.S. Patent No. 11,553,316 recites the same subject matter as claim 23 of the pending application 18/151,685, except the pending application recites “wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only three inputs to the first device.” Hemar discloses this feature (after receiving multiple entries of recipients from the user, the smartphone creates a single send button for the pre-defined group consisting of those recipients (whereby the number of desired recipients may be two, according to [0098]), such that a tap of the send button results in the photograph being sent to those recipients (thus, for two recipients, there are three inputs), according to [0099]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 11,553,316 with Hemar to arrive at claim 23 of the pending application in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Take an example of comparing independent claim 30 of the pending application and claim 1 of U.S. Patent No. 11,553,316:
Claim 30 of pending application 18/151,685
Claim 1 of U.S. Patent No. 11,553,316
“A method for storing and sending a computer location comprising:”
“A method for storing and sending a computer location comprising:”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“wherein the capture sequence comprises:”
“wherein the capture sequence comprises:”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen;”
“wherein the step of initiating a capture sequence of the first device comprises providing a single activation input by a user of the first device;”
“wherein the step of initiating a capture sequence of the first device is accomplished by providing a single activation input by a user of the first device;”
“wherein the step of sending, by the first device, the associated data to the second device comprises providing a single send input by the user of the first device;”
“wherein the step of sending, by the first device, the associated data to the second device comprises providing a single send input by the user of the first device;”
“wherein no input is necessary to be provided by the user to the first device between providing the single activation input and providing the single send input by the user to send the associated data to the second device;”
“wherein no input is necessary to be provided by the user to the first device between providing the single activation input and providing the single send input by the user to send the associated data to the second device.”
“wherein the step of sending, by the first device, the associated data to the third device comprises providing an additional single send input by the user of the first device; and”
“wherein the step of sending, by the first device, the associated data to the second device comprises providing a single send input by the user of the first device;”
“wherein no input is necessary to be provided by the user to the first device between providing the single send input by the user to send the associated data to the second device and providing the additional single send input by the user to send the associate data to the third device.”
“wherein no input is necessary to be provided by the user to the first device between providing the single activation input and providing the single send input by the user to send the associated data to the second device.”
Claim 1 of U.S. Patent No. 11,553,316 recites the same subject matter as claim 30 of the pending application 18/151,685, except the pending application recites a third device, in addition to the second device, for which the capture sequence and the sending of the data are also performed. Hemar discloses these features (after receiving multiple entries of recipients from the user, the smartphone creates a single send button for the pre-defined group consisting of those recipients (whereby the number of desired recipients may be two, according to [0098]), such that a tap of the send button results in the photograph being sent to those recipients, according to [0099]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 11,553,316 with Hemar to arrive at claim 30 of the pending application in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Take an example of comparing independent claim 33 of the pending application and claim 1 of U.S. Patent No. 11,553,316:
Claim 33 of pending application 18/151,685
Claim 1 of U.S. Patent No. 11,553,316
“A method for storing and sending a computer location comprising:”
“A method for storing and sending a computer location comprising:”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“wherein the capture sequence comprises:”
“wherein the capture sequence comprises:”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen;”
“wherein the steps of: initiating a capture sequence of the first device, sending, by the first device, the associated data to the second device, and sending by the first device, the associated data to the third device are caused by a user of the first device providing only three inputs, the only three inputs comprising selecting a contact, selecting an additional contact, and a selecting send button.”
Claim 1 of U.S. Patent No. 11,553,316 recites the same subject matter as claim 33 of the pending application 18/151,685, except the pending application recites “sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen; wherein the steps of: initiating a capture sequence of the first device, sending, by the first device, the associated data to the second device, and sending by the first device, the associated data to the third device are caused by a user of the first device providing only three inputs, the only three inputs comprising selecting a contact, selecting an additional contact, and a selecting send button.” Hemar discloses these features (after receiving multiple entries of recipients from the user, the smartphone creates a single send button for the pre-defined group consisting of those recipients (whereby the number of desired recipients may be two, according to [0098]), such that a tap of the send button results in the photograph being sent to those recipients (thus, for two recipients, there are three inputs), according to [0099]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 11,553,316 with Hemar to arrive at claim 33 of the pending application in order to facilitate the sharing of photographs (Hemar: [0004]-[0006]).
Claim 2 of the pending application 18/151,685 reads “The method according to claim 1, further comprising displaying the image on the second display screen of the second device based on the associated data.” which corresponds to claim 2 of U.S. Patent No. 11,553,316.
Claim 3 of the pending application 18/151,685 reads “The method according to claim 2, further comprising interacting, by a user of the second device, with the image, thereby causing the second device to access the computer location.” which corresponds to claim 3 of U.S. Patent No. 11,553,316.
Claim 4 of the pending application 18/151,685 reads “The method according to claim 1, further comprising obtaining, by the first processor, video progress data, wherein the video progress data indicates a particular point in time of a video provided at the computer location, and wherein the storing of the visual data and location data further comprises storing the video progress data as the associated data such that the visual data, the location data and the video progress data are associated with each other.” which corresponds to claim 4 of U.S. Patent No. 11,553,316.
Claim 5 of the pending application 18/151,685 reads “The method according to claim 1, wherein the location data contains a unique session identifier.” which corresponds to claim 5 of U.S. Patent No. 11,553,316.
Claim 6 of the pending application 18/151,685 reads “The method according to claim 1, wherein the storing of the visual data and the location data comprises generating a data file that includes the associated data and storing the data file in a storage medium of the first device.” which corresponds to claim 6 of U.S. Patent No. 11,553,316.
Claim 7 of the pending application 18/151,685 reads “The method according to claim 1, wherein the storing of the visual data and the location data comprises transmitting the associated data to a server for storage, wherein the server is remote from the first device and the second device.” which corresponds to claim 7 of U.S. Patent No. 11,553,316. Claim 8 of the pending application 18/151,685 reads “The method according to claim 1, wherein the single input provided by the user comprises a selection of a contact.” which corresponds to claim 8 of U.S. Patent No. 11,553,316.
Claim 9 of the pending application 18/151,685 reads “The method according to claim 8, wherein the selection of the contact comprises selecting the contact from a plurality of contacts.” which corresponds to claim 8 of U.S. Patent No. 11,553,316.
Claim 10 of the pending application 18/151,685 reads “The method according to claim 9, wherein the plurality of contacts are a group of most frequently messaged contacts by the first device.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 10 above.
Claim 11 of the pending application 18/151,685 reads “The method according to claim 9, wherein the plurality of contacts are a group of most recently messaged contacts by the first device.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 11 above.
Claim 12 of the pending application 18/151,685 reads “The method according to claim 1, wherein the visual data continues to be displayed during the sending, by the first device.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 12 above.
Claim 14 of the pending application 18/151,685 reads “The device according to claim 13, wherein the detection of the single input by the processor causes the device to perform the capture sequence without additional input from the user beyond the single input.” which corresponds to claim 10 of U.S. Patent No. 11,553,316.
Claim 15 of the pending application 18/151,685 reads “The device according to claim 13, wherein the device is configured to store the associated data with a plurality of other associated data.” which corresponds to claim 11 of U.S. Patent No. 11,553,316.
Claim 16 of the pending application 18/151,685 reads “The device according to claim 13, wherein the single input provided by the user comprises a selection of a contact with the input element.” which corresponds to claim 8 of U.S. Patent No. 11,553,316.
Claim 17 of the pending application 18/151,685 reads “The device according to claim 16, wherein the selection of the contact comprises selecting the contact from a plurality of contacts.” which corresponds to claim 8 of U.S. Patent No. 11,553,316.
Claim 18 of the pending application 18/151,685 reads “The device according to claim 17, wherein the plurality of contacts are a group of most frequently messaged contacts by the device.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 18 above.
Claim 19 of the pending application 18/151,685 reads “The device according to claim 17, wherein the plurality of contacts are a group of most recently messaged contacts by the device.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 19 above.
Claim 20 of the pending application 18/151,685 reads “The device according to claim 13, wherein the device is configured to continue to display the visual data on the display screen while the device sends the associated data to the second device.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 20 above.
Claim 21 of the pending application 18/151,685 reads “The method according to claim 8, further comprising: repeating the capture sequence by the first device; and
sending, by the first device, the associated data to a third device, wherein the third device comprises a third processor and a third display screen; wherein the steps of repeating the capture sequence of the first device and sending, by the first device, the associated data to the third device comprises providing a selection of a second contact.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 21 above.
Claim 22 of the pending application 18/151,685 reads “The method according to claim 21, wherein the visual data continues to be displayed during the sending, by the first device, the associated data to the first device and during the sending, by the first device, the associated data to the third device.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 22 above.
Claim 24 of the pending application 18/151,685 reads “The method according to claim 23, wherein the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting an app icon, and selecting a contact.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 24 above.
Claim 25 of the pending application 18/151,685 reads “The method according to claim 23, wherein the user of the first device providing only three inputs to the first device consists of: providing an activation input, selecting a contact, and selecting a send button.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 25 above.
Claim 31 of the pending application 18/151,685 reads “The method according to claim 30, wherein the single send input comprises selecting a contact and the additional single send input comprises selecting an additional contact.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 33 above.
Claim 32 of the pending application 18/151,685 reads “The method according to claim 30, further comprising selecting an app icon.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Hemar discloses this feature, as outlined in the prior art rejection of claim 24 above.
11. Claims 26-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,553,316 in view of Jagernauth. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in U.S. Patent No. 11,553,316 with obvious wording variations. Take an example of comparing independent claim 26 of the pending application and claim 1 of U.S. Patent No. 11,553,316:
Claim 26 of pending application 18/151,685
Claim 1 of U.S. Patent No. 11,553,316
“A method for storing and sending a computer location comprising:”
“A method for storing and sending a computer location comprising:”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“wherein the capture sequence comprises:”
“wherein the capture sequence comprises:”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only four inputs to the first device consisting of: providing an activation input, selecting an app icon, selecting a contact, and selecting a send button.”
Claim 1 of U.S. Patent No. 11,553,316 recites the same subject matter as claim 26 of the pending application 18/151,685, except the pending application recites “wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing only four inputs to the first device consisting of: providing an activation input, selecting an app icon, selecting a contact, and selecting a send button.” Jagernauth discloses this feature (a user is able to push a recommendation, comprising a group specific rating, for a specific application, by opening an application service client application [“selecting an app icon”], then selecting a recommend button [“providing an activation input”], selecting a contact that is to receive the application recommendation, and then selecting a send button, according to [0058]-[0059], Figs. 14-15 [elements 140, 154, 158, 160, and 170]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 11,553,316 with Jagernauth to arrive at claim 26 of the pending application in order to facilitate the saving of time and effort in determining which applications to download (Jagernauth: [0002]-[0003]).
Take an example of comparing independent claim 27 of the pending application and claim 1 of U.S. Patent No. 11,553,316:
Claim 27 of pending application 18/151,685
Claim 1 of U.S. Patent No. 11,553,316
“A method for storing and sending a computer location comprising:”
“A method for storing and sending a computer location comprising:”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“initiating a capture sequence of a first device, wherein the first device comprises a first processor and a first display screen;”
“wherein the capture sequence comprises:”
“wherein the capture sequence comprises:”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, visual data corresponding to an image displayed on the first display screen at the time of the initiating step;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“obtaining, by the first processor, location data corresponding to a computer location accessed by the first device;”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“storing, by the first processor, the visual data and the location data as associated data such that the visual data and location data are associated with each other; and”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“sending, by the first device, the associated data to a second device, wherein the second device comprises a second processor and a second display screen;”
“wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing more than three inputs to the first device; and”
“wherein the user of the first device providing more than three inputs to the first device comprises: providing an activation input, selecting a contact, selecting an additional contact, and selecting a send button.”
Claim 1 of U.S. Patent No. 11,553,316 recites the same subject matter as claim 27 of the pending application 18/151,685, except the pending application recites “wherein the steps of initiating a capture sequence of the first device and sending, by the first device, the associated data to the second device are caused by a user of the first device providing more than three inputs to the first device; and wherein the user of the first device providing more than three inputs to the first device comprises: providing an activation input, selecting a contact, selecting an additional contact, and selecting a send button.” Jagernauth discloses these features (a user is able to push a recommendation, comprising a group specific rating, for a specific application, by selecting a recommend button [“providing an activation input”], selecting a plurality of contacts that are to receive the application recommendation [“selecting a contact, selecting an additional contact”], and then selecting a send button, according to [0058]-[0059], Figs. 14-15 [elements 140, 154, 158, 160, and 170]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 1 of U.S. Patent No. 11,553,316 with Jagernauth to arrive at claim 27 of the pending application in order to facilitate the saving of time and effort in determining which applications to download (Jagernauth: [0002]-[0003]).
Claim 28 of the pending application 18/151,685 reads “The method according to claim 27, wherein the providing the activation input comprises selecting a share button.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Jagernauth discloses this feature, as outlined in the prior art rejection of claim 28 above.
Claim 29 of the pending application 18/151,685 reads “The method according to claim 27, wherein the user of the first device providing more than three inputs to the first device further comprises selecting an app icon.” which does not correspond to any of the claims of U.S. Patent No. 11,553,316. However, Jagernauth discloses this feature, as outlined in the prior art rejection of claim 29 above.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W GENACK whose telephone number is (571)272-7541. The examiner can normally be reached Monday through Friday, 9:00 AM to 5:00 PM Eastern Time.
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/MATTHEW W GENACK/Primary Examiner, Art Unit 2645