DETAILED ACTION
This action is in reply to the Amendments filed on 03/25/2026.
Claims 1-20 are currently pending and have been rejected.
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, see page 13, filed 03/25/2026, with respect to 35 U.S.C. 112(b) to independent claims 1, 13, and 20 have been fully considered and are persuasive. The 35 U.S.C. 112(b) to independent claims 1, 13, and 20 has been withdrawn. However, an outstanding 35 U.S.C. 112(b) rejection to claim 13 (e.g. a digital media device) has not been overcome. See the 35 U.S.C. 112(b) rejection below.
Applicant's arguments filed 03/25/2026 have been fully considered but they are not persuasive.
With respect to applicant’s arguments on pages 9-12 of remarks filed 03/25/2026 that the claims are directed towards an improvement in the functioning of the computer because the claimed invention reduces interactions on an interactive user interface because a user selects an object on a user interface and purchases an item from the user interface using a single processing thread which reduces computing resources, Examiner respectfully disagrees.
If it is asserted that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes, a technical explanation as to how to implement the invention should be present in the specification. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. The specification need not explicitly set forth the improvement, but it must describe the invention such that the improvement would be apparent to one of ordinary skill in the art. Conversely, if the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology. An indication that the claimed invention provides an improvement can include a discussion in the specification that identifies a technical problem and explains the details of an unconventional technical solution expressed in the claim, or identifies technical improvements realized by the claim over the prior art. See MPEP 2106.05(a).
To show that the involvement of a computer assists in improving the technology, the claims must recite the details regarding how a computer aids the method, the extent to which the computer aids the method, or the significance of a computer to the performance of the method. Merely adding generic computer components to perform the method is not sufficient. Thus, the claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology. See MPEP 2106.05(a)(II).
It is not apparent to one of ordinary skill in the art how selecting an object on a user interface reduces computing resources by reducing interactions or improves the functioning of the computer. The claimed invention involves selecting an object from a user interface but it is unclear how exactly the functioning of the computer is improved by merely using a user interface of a computer as a tool to implement the claimed invention. Applicant’s specification merely states in paragraph [0041] that the method 500 may be performed by a single processing thread or by two or more processing threads, each thread implementing one or more individual functions, routines, subroutines, or operations of the methods but fails to provide further detail on how a single processing thread conserves resources. After considering the additional elements (e.g. device, user interface, machine learning) individually and in combination, the additional elements do not integrate the judicial exception into a practical application or contribute to an inventive concept.
With respect to applicant’s arguments on pages 13-15 of remarks filed 03/25/2026 that the prior art does not teach the claim limitations, Examiner respectfully disagrees.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites: a non-transitory computer-readable medium storing instructions that, when executed by a processor included in a digital media device…; receiving, at a digital media device …, rendering said claims indefinite because it is unclear whether a digital media device is the same or different from the subsequent recitation of a digital media device. Appropriate correction or clarification is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 1 of the Subject Matter Eligibility Test, it must be considered whether the claims are directed to one of the four statutory classes of invention. See MPEP § 2106. In the instant case, claims 1-12 are directed to a method, claims 13-19 are directed to a non-transitory computer readable medium, and claim 20 is directed to a system. Accordingly, the claims will be further analyzed under revised step 2:
Under step 2A (prong 1) of the Subject Matter Eligibility Test, it must be considered whether the claims recite a judicial exception if so, then determine in Prong Two if the recited judicial exception is integrated into a practical application of that exception. If the claim recites a judicial exception (i.e., an abstract idea), the claim requires further analysis in Prong Two. One of the enumerated groupings of abstract ideas is defined as certain methods of organizing human activity that includes fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). See MPEP § 2106.04(a)(2).
Regarding representative independent claim 1, recites the abstract idea of:
receiving,…and in response to a user input…, a request to present a content item…;
identifying,… , an object within the content item, wherein the identifying comprises …parsing one or more image frames of the content item to identify the object;
receiving,…, an input to select the object …; and
…and in response to receiving the input, information pertaining to the object and… enable a purchase event to be performed…; wherein the receiving the request, the presenting the content item, the receiving of the input, and the presenting of the information pertaining to the object is performed…
The above-recited limitations amounts to certain methods of organizing human activity as it relates to sales activities and commercial interactions because the claim involves enabling a purchase event to be performed, receiving input to present information, causing the presentation of the content item, receiving input to select an object associated with the content item, and causing presentation information pertaining to the object. Accordingly, the claim recites an abstract idea. See MPEP § 2106.
The Step 2A (prong 2) of the Subject Matter Eligibility Test, is the next step in the eligibility analyses and looks at whether the abstract idea is integrated into a practical application. This requires an additional element or combination of additional elements in the claims to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. See MPEP § 2106.
In this instance, the claims recite the additional elements such as:
… at a digital media device from an input peripheral via a wireless communications channel and… on the input peripheral,…on an interactive user interface executed on the digital media device;… using a machine learning model… the machine learning model; presenting, by the digital media device and using the interactive user interface, the content item on a display communicatively coupled to the digital media device; …at the digital media device from the input peripheral via the wireless communications channel and … of the input peripheral, …displayed within the content item that is presented on the interactive user interface; and presenting, by the digital media device on the display…, and at least one graphical user element configured to …using the input peripheral, wherein the presenting comprises, within the interactive user interface and in an absence of redirection to an external website, displaying a graphical user element usable to complete the purchase event using stored payment information associated with a user account; and …by a single processing thread (Claim 1, 13, and 20);
…the at least one graphical user element;… at least one graphical user element… (Claims 2 and 14);
…at least one graphical user element;… at least one graphical user element…;…the digital media device communicating with a third-party service or application programming interface (Claims 3 and 15);
…in an overlay screen on the interactive user interface… (Claims 6 and 18);
… received in real- time or near real-time while the content item is playing or streaming on the interactive user interface (Claims 7 and 19);
displaying one or more objects using highlighting on the interactive user interface;… via the interactive user interface (Claim 8);
A non-transitory computer-readable medium storing instructions that, when executed by a processor included in a digital media device, cause the digital media device to carry out steps that include:… (Claim 13).
A system, comprising: a memory device storing instructions; a processing device communicatively coupled to the memory device, wherein the processing device executes the instructions to: (Claim 20).
However, these elements do not amount to an improvement in the functioning of a computer or any other technology or technical field, apply the judicial exception with, or by use of, a particular machine, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
Independent claims and dependent claims also fail to recite elements which amount to an improvement in the functioning of a computer or any other technology or technical field, apply the judicial exception with, or by use of, a particular machine, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. For example, independent claims and dependent claims are directed to the abstract idea itself and do not amount to an integration according to any one of the considerations above.
Step 2B is the next step in the eligibility analyses and evaluates whether the claims recite additional elements that amount to an inventive concept (i.e., “significantly more”) than the recited judicial exception. According to Office procedure, revised Step 2A overlaps with Step 2B, and thus, many of the considerations need not be re-evaluated in Step 2B because the answer will be the same. See MPEP § 2106.
In Step 2A, several additional elements were identified as additional limitations:
… at a digital media device from an input peripheral via a wireless communications channel and… on the input peripheral,…on an interactive user interface executed on the digital media device;… using a machine learning model… the machine learning model; presenting, by the digital media device and using the interactive user interface, the content item on a display communicatively coupled to the digital media device; …at the digital media device from the input peripheral via the wireless communications channel and … of the input peripheral, …displayed within the content item that is presented on the interactive user interface; and presenting, by the digital media device on the display…, and at least one graphical user element configured to …using the input peripheral, wherein the presenting comprises, within the interactive user interface and in an absence of redirection to an external website, displaying a graphical user element usable to complete the purchase event using stored payment information associated with a user account; and …by a single processing thread (Claim 1, 13, and 20);
…the at least one graphical user element;… at least one graphical user element… (Claims 2 and 14);
…at least one graphical user element;… at least one graphical user element…;…the digital media device communicating with a third-party service or application programming interface (Claims 3 and 15);
…in an overlay screen on the interactive user interface… (Claims 6 and 18);
… received in real- time or near real-time while the content item is playing or streaming on the interactive user interface (Claims 7 and 19);
displaying one or more objects using highlighting on the interactive user interface;… via the interactive user interface (Claim 8);
A non-transitory computer-readable medium storing instructions that, when executed by a processor included in a digital media device, cause the digital media device to carry out steps that include:… (Claim 13).
A system, comprising: a memory device storing instructions; a processing device communicatively coupled to the memory device, wherein the processing device executes the instructions to: (Claim 20).
These additional limitations, including the limitations in the independent claims and dependent claims, do not amount to an inventive concept because the recitations above do not amount to an improvement in the functioning of a computer or any other technology or technical field, apply the judicial exception with, or by use of, a particular machine, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. In addition, they were already analyzed under Step 2A and did not amount to a practical application of the abstract idea.
For these reasons, the claims are rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-7 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Conte (U.S. Pub. No. 20150245103 A1, hereinafter "Conte") in view of Paglia et al. (US Pub. No. 20220224994 A1, hereinafter “Paglia”) in further view of Crossley et al. (U.S. Pub. No. 20200134320 A1 (hereinafter Crossley).
Regarding claims 1, 13, and 20
Conte discloses a method comprising: receiving, at a digital media device from an input peripheral via a wireless communications channel and in response to a user input on the input peripheral, a request to present a content item on an interactive user interface executed on this digital media device (Conte, [0037]: screen captures, which can be video image frames separated by a time period (e.g., 1 second, 2 second, 5 seconds, etc.) provide a rich and easy way for users to quickly browse video content to find items of interest. […] The client application on a user device 120 can handle requesting screen captures and metadata from the backend server 160 at an appropriate fidelity and caching it locally on the user device 120.”; [0056] Once the user has located the desired image frame, she can select the frame by, e.g., clicking or tapping on it, and the application receives the selection and the application provides the user with a visual display of individual image frames of the video content, which provide a visual summary of the content; [0005]: method; see: [0030] disclosing “Described herein in various implementations are systems and accompanying methods for allowing a user”; [0031] disclosing “These and other items of interest can be identified on individual video image frames using selectable visual indicators that a user can interact with by, e.g., tapping a touchscreen”; [0035] The system includes a client or front-end application that runs on a user's smartphone, tablet, personal computer; [0044]: wireless communication; [0012]: receiving a request);
presenting, by the digital media device and using the interactive user interface, the content item on a display communicatively coupled to the digital media device (Conte, see: [0056] disclosing “provides a video content catalog […] which is browsable and searchable via an application on a user device 120. […] the application provides the user with a visual display of individual image frames of the video content; [0034]: Videos can be viewed using a device having an associated output display screen and a user can interact with screenshots from a video to identify, engage with, and potentially purchase items of interest shown in or related to a particular screenshot or the video; [0044]: video display device 110 is also connected to a user device);
receiving, at the digital media device from the input peripheral via the wireless communications channel and in response to a selection by a user of the input peripheral, an input to select an object displayed within the content item that is presented on the interactive user interface (Conte, see: [0031] disclosing “the user might be interest in other objects of any moment in the video and other items of interest can be identified on individual video image frames using selectable visual indicators that a user can interact with by, e.g., tapping a touchscreen, clicking a mouse, and so on; Fig. 3, [0070] FIG. 3 is an example interface for an application on a user device 120 that allows a user to interact with items of interest in video content by clicking on the product within the video frame; [0034]: receive input from the user (e.g., via a touchscreen, touchpad, keyboard, mouse, remote control, or other input device); [0044]: wireless communication); and
presenting, by the digital media device on the display and in response to receiving the input, information pertaining to the object and at least one graphical user element configured to enable a purchase event to be performed using the input peripheral, wherein the presenting comprises, within the interactive user interface…, displaying a graphical user element usable to complete the purchase event using stored payment information associated with a user account and (Conte, see: [0060] disclosing “if selecting a visual indicator associated with a product or service, the user can be directed to a webpage (or other information source) that provides information about the product or service, and provides links to where the product or service, or similar products or services, can be purchased; [0061]: stored payment information; FIG. 4, [0074]: FIG. 4 is an example interface for an information screen that shows after a visual indicator is selected);
wherein the receiving the request, the presenting the content item, the receiving an input, and the presenting information pertaining to the object is performed by…processing…(Conte, [0006]: computer implemented method includes receiving selection, displaying the selected image frame to a user of a device; and displaying one or more selectable visual indicators on the selected image frame; [0007]: receiving a selection, by the user, of the at least one visual indicator; and directing the user to information relating to the product or service shown in the selected image frame; [0012]: receiving a request; [0040]: data associated with users can be collected, culled, processed; [0057]: The captured data can be processed locally).
Conte does not teach:
identifying, using a machine learning model, an object within the content item, wherein the identifying comprises the machine learning model parsing one or more image frames of the content item to identify the object;
and in an absence of redirection to an external website;
by a single processing thread.
However, Paglia teaches:
by a single processing thread (Paglia, [0049]: performed by a single processing thread).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified performing of Conte with performing by a single processing thread as taught by Paglia because the results of such a modification would be predictable. Specifically, Conte would continue to teach performing the steps except that now the steps performed by a single processing thread is taught according to the teachings of Paglia in order to implement the functions of the method. This is a predictable result of the combination. (Paglia [0049]).
However, Crossley teaches:
identifying, using a machine learning model, an object within the content item, wherein the identifying comprises the machine learning model parsing one or more image frames of the content item to identify the object (Crossley, [0066]: machine-learning model 303 can be trained, tested, and validated to identify or recognize in real-time a set products displayed on a video and input video frame segments; [0067]: input images into machine learning model; [0069]: training machine learning model on images; [0073]: machine-learning model 303 identified known objects in the input images 401B; [0074]: segment images);
and in an absence of redirection to an external website (Crossley, [0084]: call to action button to purchase item; [0037]: the product can be purchased directly from the Content Provider as shown at 121; [0038]: allows the user to make a purchase without leaving the Content Provider's website).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the content item and purchase event of Conte and Paglia with using machine learning to identify an object within the content item and purchase without redirecting to an external website as taught by Crossley because the results of such a modification would be predictable. Specifically, Conte and Paglia would continue to teach the content item and purchase event except that now using machine learning to identify an object within the content item and purchase without redirecting to an external website is taught according to the teachings of Crossley in order to identify and purchase items. This is a predictable result of the combination. (Crossley [0037]).
Regarding claims 13 and 20
Claims 13 and 20 are substantially similar to claim 1. However, Claim 13 includes additional limitations that recite: a non-transitory computer-readable medium storing instructions that, when executed by a processor included in a digital media device, cause the digital media device to carry out steps that include: (Conte, [0050]: computer with processor executing instructions as well as non-volatile memory). Also, Claim 20 recites additional limitations that recite: a system, comprising: a memory device storing instructions; a processing device communicatively coupled to the memory device, wherein the processing device executes the instructions to: … wherein the input to select the object is received in real-time or near real-time while the content item is playing or streaming on the interactive user interface (Conte, [0050]: computer with processor and memory; [0067]: real-time; [0053]: system).
Regarding claims 2 and 14
The combination Conte, Paglia, and Crossley teaches the method of claim 1, further comprising:
receiving a selection of the at least one graphical user element; (Conte, see: [0031] disclosing “These and other items of interest can be identified on individual video image frames using selectable visual indicators that a user can interact with by, e.g., tapping a touchscreen, clicking a mouse, and so on.”) and
responsive to receiving the selection of the at least one graphical user element, …associated with a user account… (Conte, see: [0040] disclosing “The backend server 160 can maintain user profiles”; [0060] disclosing “if selecting a visual indicator associated with a product or service, the user can be directed to a webpage (or other information source) that provides information about the product or service”).
The combination Conte and Paglia does not teach:
…adding the object to a virtual shopping cart…
However, Crossley teaches:
…adding the object to a virtual shopping cart… (Crossley, see: [0037] teaching “The user can then add the products to a shopping cart and purchase directly from the Content Provider/Retailer website where the video appears.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified receiving the selection of the at least one graphical user element of Conte and Paglia with adding the object to a virtual shopping cart as taught by Crossley because the results of such a modification would be predictable. Specifically, Conte and Paglia would continue to teach receiving the selection of the at least one graphical user element except that now adding the object to a virtual shopping cart is taught according to the teachings of Crossley in order to add products to shopping carts to purchase items. This is a predictable result of the combination. (Crossley [0037]).
Regarding claims 3 and 15
The combination Conte, Paglia, and Crossley teaches the method of claim 1, further comprising:
receiving a selection of the at least one graphical user element; (Conte, see: [0031] disclosing “These and other items of interest can be identified on individual video image frames using selectable visual indicators that a user can interact with by, e.g., tapping a touchscreen, clicking a mouse, and so on.”) and
responsive to receiving the selection of the at least one graphical user element, performing the purchase event using information associated with a user account… (Conte, see: [0060] disclosing “if selecting a visual indicator associated with a product or service, the user can be directed to a webpage (or other information source) that provides information about the product or service, and provides links to where the product or service, or similar products or services, can be purchased.”; [0075] disclosing “Various interactions can be continuously tracked by the system (STEP 266 in FIG. 2), associated with users, and stored in respective user profiles. The collected information can include […] what users have clicked on and purchased, and so on.”),
The combination Conte and Paglia does not teach:
wherein the purchase event comprises the digital media device communicating with a third-party service or application programming interface
However, Crossley teaches:
wherein the purchase event comprises the digital media device communicating with a third-party service or application programming interface (Crossley, see: [0038] teaching “the Content Provider may choose to send users to one or more third party retailer web sites to complete their purchase; [0039]: complete purchase on mobile device);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the purchase event of Conte and Paglia with the purchase event comprises the digital media device communicating with a third-party service or application programming as taught by Crossley because the results of such a modification would be predictable. Specifically, Conte and Paglia would continue to teach the purchase event except that now the purchase event comprises the digital media device communicating with a third-party service or application programming is taught according to the teachings of Crossley in order to complete the purchase of items. This is a predictable result of the combination. (Crossley [0004] and [0039]).
Regarding claim 4 and 16
The combination Conte and Paglia teaches the method of claim 1, wherein, based on the input, an appearance of the object is modified by highlighting, shading, coloring, outlining, augmenting, or some combination thereof (Conte, see: [0032] disclosing “The visual indicators can be graphical shapes, images, icons, or other suitable indicator overlaid on an image frame of a video (and/or proximate an image frame on a graphical user interface). The visual indicators can be solid or partially transparent, and can change in size, shape, color, or other properties when hovered over, selected, or otherwise or interacted with.”; [0036] disclosing “A user can interact with the catalog through the client application to find, e.g., a movie scene in which Leonardo DiCaprio wears an Armani suit, then bring a up a screenshot of the particular scene, select a visual indicator on the suit”).
Regarding claims 5 and 17
The combination Conte, Paglia, and Crossley teaches the method of claim 1,
wherein the information pertaining to the object (Conte, see: [0060] disclosing “the user can be directed to a webpage (or other information source) that provides information about the product or service”);
The combination Conte and Paglia does not teach:
comprises a brand of an entity associated with the object, a description of the object, a price of the object, an image of the object, or some combination thereof, and the object comprises a good or a service
However, Crossley teaches:
comprises a brand of an entity associated with the object, a description of the object, a price of the object, an image of the object, or some combination thereof, and the object comprises a good or a service (Crossley, see: [0081] teaching “every frame of the video (or every frame at a set interval, e.g., every 15th frame) can be associated with the products (and corresponding product information, such as images, price, purchase link, etc.)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the information pertaining to the object of Conte and Paglia with a brand of an entity associated with the object, a description of the object, a price of the object, an image of the object, or some combination thereof, and the object comprises a good or a service as taught by Crossley because the results of such a modification would be predictable. Specifically, Conte and Paglia would continue to teach the information pertaining to the object except that now a brand of an entity associated with the object, a description of the object, a price of the object, an image of the object, or some combination thereof, and the object comprises a good or a service is taught according to the teachings of Crossley in order to provide a better viewing experience of video interfaces. This is a predictable result of the combination. (Crossley [0004]).
Regarding claim 6 and 18
The combination Conte, Paglia, and Crossley teaches the method of claim 1, presenting the information in an overlay screen on the interactive user interface comprising the content item (Crossley, see: [0080] : “When the user moves their cursor into the video player area, the Product Inset 601 appears, overlaid on the video area or next to the video area”).
The motivation to combine Conte and Paglia with Crossley is the same as set forth above in claim 5.
Regarding claim 7 and 19
The combination Conte, Paglia, and Crossley teaches the method of claim 1, wherein the input to select the object is received in real-time or near real-time while the content item is playing or streaming on the interactive user interface (Conte, see: [0067] disclosing “In this manner, a user can immediately interact with visual indicators as the scenes unfold in real-time on a video display device”).
Regarding claim 9
The combination Conte, Paglia, and Crossley teaches the method of claim 1, wherein the input peripheral comprises a microphone, a touchscreen, a mouse, a remote controller, a keyboard, or some combination thereof (Conte, see: [0031] disclosing “These and other items of interest can be identified on individual video image frames using selectable visual indicators that a user can interact with by, e.g., tapping a touchscreen, clicking a mouse, and so on.”).
Regarding claim 10
The combination Conte, Paglia, and Crossley teaches the method of claim 1, wherein the object comprises an advertisement for a service provided by an entity, and the input to select the object comprises scheduling the service (Conte, see: [0041] disclosing “the backend server 160 includes a marketplace to connect advertisements to visual indicators and the users who select them. […] advertisers and sellers of products and services can initially be matched to visual indicators shown on video image frames”; [0077] disclosing “Advertisements can be purchased by advertisers of relevant products and monetized either by […] action (e.g., cost-per-action (CPA), a conversion, how many purchase an item, etc.”).
Regarding claim 11
The combination Conte, Paglia, and Crossley teaches the limitations of claim 1, further comprising
…on the content item (Conte, see: [0056] disclosing “the application provides the user with a visual display of individual image frames of the video content”);
The combination Conte and Paglia teaches does not teach:
…using one or more machine learning models trained to perform image recognition… to mark one or more objects.
However, Crossley teaches:
…using one or more machine learning models trained to perform image recognition… to mark one or more objects (Crossley, see: [0062] teaching “When the object recognition server receives a video frame, it passes the image to a first implementation of the neural network. This first implementation identifies and draws bounding boxes around objects appearing in the video frame”).
The motivation to combine Conte and Paglia with Crossley is the same as set forth above in claim 5.
Regarding claim 12
The combination Conte, Paglia, and Crossley teaches the method of claim 1, further comprising receiving updated information associated with the object from one or more third-party services or application programming interfaces (Crossley, see: [0085] teaching “The alternate products could also be retrieved from a third party API (or internal system) that selects alternate products automatically based on various properties (e.g., name, color, price, UPC number, etc.).”),
wherein the updated information comprises an updated price for the object, an updated image for the object, an updated description for the object, or some combination thereof (Crossley, see: [0085] teaching “Other attributes for the product and alternative products, such as pricing and in-stock data, can also be dynamically updated on the Metadata database.”).
The motivation to combine Conte and Paglia with Crossley is the same as set forth above in claim 5.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Conte, Paglia, and Crossley in view of Kestenbaum et al. (US Pub. No. 20160275598 A1, hereinafter "Kestenbaum").
Regarding claim 8
The combination Conte, Paglia, and Crossley teaches the method of claim 1, further comprising,
prior to receiving the input to select the object: receiving a first request to pause playback of the content item; pausing a playback of the content item; while the playback of the content item is paused, displaying one or more objects using highlighting on the interactive user interface, wherein the object is included in the one or more objects; receiving the input to select the object (Conte, [0036]: visual indicators can be displayed, e.g., when the video is paused and the user device 120 can also act as a remote control, to direct playback of the video on the separate video display device 110 (e.g., pause, play, stop, rewind, fast-forward, jump to a selected scene, etc.); FIG. 2, [0056]: The user can scroll through or manipulate the image frames to locate a desired scene or moment in the video content. Once the user has located the desired image frame, she can select the frame, and the application receives the selection; [0032] visual indicators can be graphical shapes, images, icons, or other suitable indicator overlaid on an image frame of a video (and/or proximate an image frame on a graphical user interface) and can change in size, shape, color, or other properties when hovered over, selected, or otherwise or interacted with; FIG. 2, [0058]: as the user manipulates (e.g., drags through) screenshots, visual feedback can be displayed indicating that a particular image frame or group of frames includes selectable visual indicators; [0059]: Upon a user's selecting a visual indicator (STEP 234), the user can be directed to information relating to the visual indicator and the object or concept that it represents).
Conte, Paglia, and Crossley do not teach:
receiving a second request to resume playback of the content item; and resuming playback of the content item via the interactive user interface.
However, Kestenbaum teaches:
receiving a second request to resume playback of the content item; and resuming playback of the content item via the interactive user interface (Kestenbaum, FIG. 3, [0073] As depicted in FIG. 3, when an end user views a channel then along with the channel programming the end user sees and interacts with a set of control mechanisms; FIG. 3, [0079] A pause button 321 allows the user to pause in the middle of a program by clicking on it. The user unpauses the program; [0014]: channel includes shopping channel with product information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the pausing playback of Conte, Paglia, and Crossley with receiving a second request to resume playback of the content item and resuming playback of the content item as taught by Kestenbaum because the results of such a modification would be predictable. Specifically, Conte, Paglia, and Crossley would continue to teach pausing playback except that now receiving a second request to resume playback of the content item and resuming playback of the content item is taught according to the teachings of Kestenbaum in order to control playback and view diverse products. This is a predictable result of the combination. (Kestenbaum, see: [0016] and [0079]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is cited as non-patent literature related to T-Commerce Engine to one click buy products discloses purchasing options for users while they watch content on their TV.
US Patent: US 10902051 B2 discloses presenting a GUI to users after identifying products in an image.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATASHA DEVI RAMPHAL whose telephone number is (571)272-2644. The examiner can normally be reached 11 AM - 7:30 PM (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey A. Smith can be reached at 5712726763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LATASHA D RAMPHAL/ Examiner, Art Unit 3688
/Jeffrey A. Smith/Supervisory Patent Examiner, Art Unit 3688
Prosecution Insights