DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments filed 09/20/2025 have been considered but are moot in view of a new ground of rejections.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 20080211222 A1 – hereinafter Nakamura), Farmer (US 20030077563 A1 – hereinafter Farmer), and Singer (US 2018/0061455 A1 – hereinafter Singer).
Regarding claim 1, Nakamura discloses a memory book (Fig. 6 – book 10) comprising: a cover ([0023] – a front cover and a back cover) and multiple pages constructed from a washable material ([0021]; [0031]; [0034] – a plurality of markable pages constructed of a washable material), configured to be printed with images, photos or text, handwritten on, or assembled with scrapbooking materials ([0031]-[0033] – printed with text, graphics, or handwritten), wherein the pages are structured for sequential viewing through page-turning, providing a tactile user experience (Figs. 2-6 – the pages are turned for sequential viewing of text and/or graphics and/or handwritten); a removable and replaceable modular multimedia device, wherein said device is securely attached within a designated portion of the book and is configured for easy removal and reinsertion without interfering with the book’s physical integrity (Fig. 6; [0043]; [0046] – a player device such as an ipod or an MP3 player can be securely placed and/or removed easily without interfering with the book’s physical integrity); a modular attachment system for the multimedia device ([0043]; [0046] – a personal player device such as an ipod or an MP3 player), wherein the book structure includes a dedicated space to accommodate the device and allow it to be inserted and removed ([0043]; [0046] – a storage pouch or a storage pocket) via at least one of the following methods: i. a magnetic attachment where the device includes a ferromagnetic metal casing, ii. a slide-in and out rail system, iii. a friction fit case, iv. a design that ensures the device is securely attached while allowing for easy removal and reinsertion ([0043]; [0046] – at least (iv)); wherein the removable and replaceable modular multimedia device, is available in different configurations, including: i. a content playback module, wherein said module is configured to store, organize, and play digital multimedia files, including audio ([0046] – at least an ipod and an MP3 player configured to store, organize, and play at least music) and comprises a touchscreen for navigation controls, an on/off mechanism and a volume control system for adjusting playback audio levels ([0046] – at least an ipod, which is well known for having a touchscreen and on/off mechanism and volume controls); ii. a content playback and recording module, wherein said module includes all functionalities of the playback module and additionally comprises: a data storage system configured to store and organize recorded content for playback, a touchscreen user interface configured for navigation, content recording, and playback ([0046] – at least an ipod, which is well known for having a data storage system configured to store and organize recorded content for playback, a touchscreen user interface configured for navigation, content recording, and playback); a rechargeable battery for long-term use ([0046] – at least an ipod is well known for having a rechargeable battery for long-term use); a data transfer system enabling the upload, storage, and retrieval of multimedia content, wherein the multimedia device is configured to accept digital media files for playback and storage ([0046] – at least an ipod is well known for having data transfer system enabling the upload, storage, and retrieval of multimedia content).
However, Nakamura does not disclose the pages are constructed from paper or cardstock; and the removable and replaceable modular multimedia device is available in a configuration including: i. a content playback module, configured to store, organize, and play full-motion video; ii. a recording module, wherein said module additionally comprises: a recording system configured to capture and edit audio and/or video, a touchscreen user interface configured for content editing.
Farmer discloses pages are constructed from paper ([0015] – pages constructed from synthetic washable paper).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Farmer into the book taught by Nakamura because using synthetic paper would have been advantageous in accepting crayon coloring using either newer washable crayons or standard crayons or washable marker coloring where color markings from either type of crayon or form washable markers can be wiped from the synthetic paper with a wet cloth without affecting the material printed on the synthetic paper, and the removal of the color marks from the synthetic paper is substantially complete and such removal can be done over and over again (Farmer: [0015]).
Nakamura and Farmer do not disclose the removable and replaceable modular multimedia device is available in a configuration including: ii. a recording module, wherein said module additionally comprises: a recording system configured to capture and edit audio and/or video, a touchscreen user interface configured for content editing.
Singer discloses a removable and replaceable modular multimedia device ([0020] – a smartphone such as an iPhone) is available in a configuration including: i. a content playback module, configured to store, organize, and play full-motion video ([0017]; Fig. 4B; Fig. 4I – a video player module); ii. a recording module ([0020] – including a camera and a microphone), wherein said module additionally comprises: a recording system configured to capture and edit audio and/or video ([0020]; [0030]; [0037]-[0038] – including a camera, a microphone, and instructions to capture and edit audio and video), a touchscreen user interface configured for content editing ([0020]; [0031]-[0033]; Figs. 4B-4I – a touch screen user interface for editing video and audio files).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Singer into the memory book taught by Nakamura and Farmer to enhance functionality of the device.
Regarding claim 2, Nakamura in view of Farmer and Singer also discloses the memory book of claim 1, wherein the removable and replaceable modular multimedia device can be removed and reintegrated by the user in less than 10 seconds, with no tools required, using a magnetic or slide-in attachment system or a friction fit casing built within the book ([0043]; [0046] – the personal player device can be slid into the storage pouch or storage pocket easily without using any tools).
Regarding claim 3, see the teachings of Nakamura, Farmer, and Singer as discussed in claim 1 above, in which Singer also discloses the modular multimedia device allows a user to record, save and playback digital content, where the content includes video, photo slideshows and/or audio recordings that highlight life events and memories and further relate to the photos, events, and themes shown on the adjacent pages, enabling an interactive experience to associate multimedia elements with the printed or assembled content in the book ([0020] – allowing the user to record, save, and playback of captured video and audio content, including contents ‘relate[d] to the photos, events, and themes shown on the adjacent pages, enabling an interactive experience to associate multimedia elements with the printed or assembled content in the book’).
Regarding claim 4, Nakamura in view of Farmer and Singer also discloses the memory book of claim 1, wherein the book is designed to function both with and without the multimedia device installed, allowing continued usability of the tactile pages and interaction with the book's content in its non-digital format when the multimedia device is removed, and wherein the removal of the multimedia device does not result in any physical damage to the book ([0043]; [0046] – the ipod or the mp3 player can be removed without affecting usability of the pages and without causing any damages to the book).
Regarding claim 5, Nakamura in view of Farmer and Singer also discloses the memory book of claim 1, wherein the removable and replaceable modular multimedia device includes an internal storage system configured to organize, categorize, and preserve multimedia content, enabling the user to associate stored digital media with specific events, themes, and personal memories recorded within the book ([0043]; [0046] – an ipod includes an internal storage system configured to organize, categorize, and preserve audio files, enabling the user to associate the audio files with any events, themes, and personal memories as desired).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura, Singer, and Wolff et al. (EP 2017090 A1 – hereinafter Wolff).
Regarding claim 6, Nakamura discloses a removable digital display multimedia module integrated within a single page for integration into existing scrapbooks or albums ([0043]; [0046]; Fig. 6 – an ipod or an MP3 player integrated within a single page for integration into a book 10) comprising: a thin digital display screen (Fig. 6; [0043]; [0046] – an ipod or mp3 player, or player 73) embedded within a flat, rigid page structure made of paper or plastic ([0041] – at least made of plastic), wherein the display screen is self-contained within the page and configured to enable multimedia playback without requiring connection to the external housing or book spine (Fig. 6 – device 73 is self-contained within the page); an internal memory configured to store and play digital multimedia content, including audio, allowing recorded stored media to correspond to the theme of the book in which the page is inserted (Fig. 6; [0043]; [0046] - configured to store and play audio content, allowing recorded stored media to correspond to the theme of the book in which the page is inserted as desired by the user); a user interface for navigating, organizing, and playing stored media, wherein the interface comprises a touchscreen and/or physical buttons for independent navigation, organization and playback of stored multimedia content (Fig. 6 – an ipod, MP3 player, or player 73 having a user interface for navigating, organizing, and playing stored media, wherein the interface comprises a touchscreen and/or physical buttons for independent navigation, organization and playback of stored multimedia content); a rechargeable battery, allowing long-term use, wherein the battery is fully contained within the page, providing power for multimedia playback ([0046] – at least an ipod is well known for having a rechargeable battery for long-term use); a data transfer interface enabling multimedia content to be uploaded, stored, and retrieved via wired connections, usb, a mobile application or other supported methods ([0046] – at least an ipod is well known for having data transfer system enabling the upload, storage, and retrieval of multimedia content); a flexible plastic edge affixed to one side of the page, wherein the plastic edge has enough flexibility to allow for smooth turning of the page and includes binding holes configured for direct insertion of the page into various existing standard album binding systems, including post-bound albums, three-ring binders, and strap albums ([0021]; [0042]; Fig. 3); a page structure designed to support the embedded display screen while maintaining sufficient flexibility at the binding edge to allow smooth page-turning within an album wherein the page can be seamlessly integrated with other standard paper pages in an existing album without compromising the display of digital multimedia content (Fig. 6).
However, Nakamura does not explicitly disclose the digital multimedia content including full-motion video; the page structure is a rigid, non-bendable page structure.
Singer discloses digital multimedia content including full-motion video ([0017]; Fig. 4B; Fig. 4I).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Singer into the memory book taught by Nakamura and Farmer to enhance media processing capability of the device.
Nakamura and Singer do not disclose the page structure is a rigid, non-bendable page structure.
Wolff discloses a page structure is a rigid, non-bendable page structure ([0021]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Wolff into the multimedia module taught by Nakamura and Singer to provide a better protection of the contained objects.
Conclusion
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 HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Q Tran can be reached at 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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This action is a final rejection and closes the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited to an appeal to the Patent Trial and Appeal Board, an amendment complying with the requirements set forth below, or a request for continued examination (RCE) to reopen prosecution where permitted. Please note that the Office also offers initiatives that are available to applicants after the close of prosecution. See https://www.uspto.gov/patents/initiatives/uspto-patent-applications-iniatives-timeline for more information.
General information on the Patent Trial and Appeal Board is available at: www.uspto.gov/patents/ptab. The information at this page includes guidance on time limited options that may assist the applicant contemplating appealing an examiner’s rejection. It also includes information on pro bono (free) legal services and advice available for those who are under-resourced and considering an appeal at: https://www.uspto.gov/patents/ptab/free-legal-assistance. The page is best reviewed promptly after applicant has received a final rejection or the claims have been twice rejected because some of the noted assistance must be requested within one month from the date of the latest rejection. See MPEP § 1204 for more information on filing a notice of appeal.
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If applicant should desire to file an after-final amendment, entry of the proposed amendment cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made in a previous Office action. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing of good and sufficient reasons why they are necessary and why they were not presented earlier.
A reply under 37 CFR 1.113 to a final rejection must include cancellation of or appeal from the rejection of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds all of the claims to be in condition for allowance.
If applicant should desire to continue prosecution in a utility or plant application filed on or after May 29, 2000 and have the finality of this Office action withdrawn, an RCE under 37 CFR 1.114 may be filed within the period for reply. See MPEP § 706.07(h) for more information on the requirements for filing an RCE.
The application will become abandoned unless a Notice of Appeal, an after final reply that places the application in condition for allowance, or an RCE has been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b).
/HUNG Q DANG/Primary Examiner, Art Unit 2484