Prosecution Insights
Last updated: April 19, 2026
Application No. 18/231,499

MUSIC-FOCUSED PRESENTATION METHOD

Non-Final OA §103
Filed
Aug 08, 2023
Examiner
HOPE, DARRIN
Art Unit
2178
Tech Center
2100 — Computer Architecture & Software
Assignee
Lemon Inc.
OA Round
3 (Non-Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
4y 2m
To Grant
79%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
270 granted / 449 resolved
+5.1% vs TC avg
Strong +19% interview lift
Without
With
+19.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
34 currently pending
Career history
483
Total Applications
across all art units

Statute-Specific Performance

§101
7.8%
-32.2% vs TC avg
§103
54.5%
+14.5% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 449 resolved cases

Office Action

§103
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 . This Office Action is responsive to the communications filed on 1 December 2025. Claims 1-19 are pending. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1 December 2025 has been entered. 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. 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. Claims 1-6, 8-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over O’Driscoll et al. (Hereinafter, O’Driscoll, US 2018/0192082 A1) in view of Zhu et al. (Hereinafter, Zhu, US 9,583,142 B1). Per claim 1, O’Driscoll discloses a method, comprising: displaying, based on information indicative of a plurality of background audio sorted in a first order of priority(e.g., suggested media content options 316 as shown in Fig. 8; paragraph [0058], “ In accordance with an embodiment, a user can interact with the social messaging environment, and utilize the video capabilities of their messaging application, together with a current playing song, last-played song, or other song or music 254, as provided by the media server, to create 256 a video moment. “; paragraph [0068]; paragraph [0075], “At step 306, a current playing song, last-played song, or other song or music, is added as a song metadata to the video moment. “; paragraph [0094],” In accordance with an embodiment, the media server can provide 315 a set of recommended or suggested media content options 316, which can be displayed on the user interface for viewing and selection by the user, in creating a video presentation 320.”; Examiner’s Note: O’Driscoll discloses recommending the current playing song to a messaging application, or to a media application or music player (e.g., a Spotify app); or a last-played song if no song is currently playing. ), a plurality of images (e.g., Option A, B, …N as shown in Fig. 8) in an order based on the first order of priority on a page(e.g., user interface 106 displays media application page 108; paragraph [0044], “In accordance with an embodiment, the recommendation engine can determine a media content recommendation based on criteria such as, for example, a user's prior listening history, or favorite media content; other user characteristics such as demographic information; external-sourced information, such as the current weather at the user's locations; or other types of criteria.”), wherein each of the plurality of images corresponds to one of the plurality of background audio(Abstract; paragraph [0005]; paragraph [0088]; paragraph [0103], “In accordance with an embodiment, a media server, or other music streaming service, can provides a list of suggestions, that can be used to promote songs and artists, so that they can be distributed further as users create user generated content (UGC) (354).”; paragraph [0110]; Examiner’s Note: A list of recommended songs are displayed for inclusion in user-generated content. ); receiving a first user input indicative of a selection of an area associated with a first background audio among the plurality of background audio on the page (e.g., Option B is selected as shown in Fig. 9; paragraph [0083], “In accordance with an embodiment, in a case of the recommendation engine is used to suggest a media content, the messaging application can, for example, be configured to, for instance in response to an input from the user such as a long press on a touch screen of a display showing the video of the video moment, communicate a request to the recommendation engine which would cause the recommendation engine to provide a suggested audio/song for use in the video moment being created.”); but does not expressly disclose: receiving information indicative of plurality of videos associated with the first background audio and information indicative of a second order of priority associated with the plurality of videos, in response to the first user input indicative of the selection of the area associated with the first background audio; and displaying a plurality of video frames along with a user interface element based on the information indicative of the one plurality of videos, wherein each of the at least one plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio, [[and]] the at least one plurality of video frames are displayed in an order based on the second order of priority, and wherein the user interface element is selectable to create a new video comprising the first background audio; and capturing the new video comprising the first background audio in response to receiving a second user input indicative of a selection of the user interface element. Zhu discloses: receiving information indicative of plurality of videos associated with the first background audio and information indicative of a second order of priority associated with the plurality of videos, in response to the first user input indicative of the selection of the area associated with the first background audio(e.g., ‘most popular’ as shown in Fig. 11; column 2, lines 64-67 to column 3, lines 1-6; column 6, lines 1-5; column 9, lines 60-67; column 14, lines 60-62; Examiner’s Note: Zhu discloses receiving information indicating how popular or recent (i.e., a second order of priority) a video is after listing videos that are part of a specific challenge or contest (i.e., a first order of priority). For example, a user can select a hashtag named for a challenge to receive a listing of the most popular and most recent challenge videos. ); and displaying a plurality of video frames along with a user interface element based on the information indicative of the one plurality of videos, wherein each of the at least one plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio, [[and]] the at least one plurality of video frames are displayed in an order based on the second order of priority (e.g., Fig. 25 illustrates displaying a plurality of video frames along with a user interface element based on the information indicative of the one plurality of videos; column 7, lines 1—5; column 14, 48-59 ), and wherein the user interface element is selectable to create a new video comprising the first background audio (column 11, lines 41—49; column 12, lines -27 ); and capturing the new video comprising the first background audio in response to receiving a second user input indicative of a selection of the user interface element(column 12, lines 19-27; Examiner’s Note: Zhu disclose a shooting button that allow a user to associate a video with audio.). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 2, O’Driscoll and Zhu disclose the method of claim 1, wherein the receiving a first user input indicative of a selection of the area associated with the first background audio comprises receiving an instruction to play the first background audio(O’Driscoll, e.g., play 282 as shown in Fig. 5; paragraph [0064], “In accordance with an embodiment, once created, the video moment can be provided 270, for example as an MP4 file, or other type of media file or set of data, to one or more users (recipients) 280, for example a user participating within the social messaging environment, where the recipient can either play 282 the video moment, and/or optionally access 284 the media content identified by the song metadata, at the media server. “; paragraph [0112], “At step 378, upon receipt and playback of the video presentation, by a user, the song metadata can be used in accessing the media content at the media server.”). Per claim 3, O’Driscoll and Zhu disclose the method of claim 2, further comprising: playing the first background audio while displaying the plurality of video frames(O’Driscoll, e.g., play video presentation 342 as shown in Fig. 7; paragraph [0100],” In accordance with an embodiment, once created, the video presentation can be provided 330, to one or more users (recipients) 340, for example as an MP4 file, or other type of media file or set of data, where the recipient can either play 342 the video presentation, and/or optionally access 344 the media content identified by the song metadata, at the media server.” ). Per claim 4, O’Driscoll and Zhu disclose the method of claim 1, wherein each of the plurality of video features at least a portion of the first background audio (O’Driscoll, Song Meta Data 262 as shown in Fig. 3 is included in Video Moment 260; paragraph [0059], “In accordance with an embodiment, the video moment 260 can be associated with a song metadata 262 indicative of the, e.g., current playing song.”; paragraph [0060]). Per claim 5, O’Driscoll and Zhu disclose the method of claim 1, wherein each of the plurality of video frames comprises a frame of a corresponding video among the plurality of videos (Zhu, column 7, lines 1-5; column 14, lines 48-59). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the adaptive music and video recommendations of Ross in the video content creation device of O’Driscoll to save time and resources when generating playlists as suggested by Ross (paragraph [0004]). Per claim 6, O’Driscoll and Zhu disclose the method of claim 1, wherein the displaying the plurality of video frames comprises displaying the plurality of video frames on a same page where the plurality of images corresponding to the plurality of background audio are displayed (Zhu, column 6, lines 1-5; column 9, lines 63-67). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 8, O’Driscoll discloses a system (paragraph [0003], “Embodiments of the invention are generally related to providing digital media content, and are particularly related to a system and method for association of a song, music, or other media content with a user's video content.”), comprising: at least one database comprising a plurality of background audio and a plurality of images (e.g., media content database 164 as shown in Fig. 1; paragraph [0031]), wherein each of the plurality of images corresponds to one of the plurality of background audio(paragraph [0022]; paragraph [0025]; Examiner’s Note: O’Driscoll discloses a particular media tile or thumbnail corresponding particular media content item or stream of media content.); and at least one computing device in communication with the at least one database (e.g., media device (client) 102 as shown in Fig. 1; paragraph [0019]), the at least one computing device configured to perform operations comprising: sorting, in a first order of priority, the plurality of background audio(paragraph [0037]; paragraph [0044]; Examiner’s Note: O’Driscoll discloses sorting media content based on criteria such as, for example, a user's prior listening history, or favorite media content; other user characteristics such as demographic information; external-sourced information, such as the current weather at the user's locations; or other types of criteria.); sending, to a user device, information indicative of the plurality of images corresponding to the plurality of background audio and information indicative of the first order of priority for display of the plurality of images in an order based on the first order of priority on a page of the user device(e.g., stream/buffer media content 208 as shown in Fig. 1; paragraph [0034]; paragraphs [0078-0080]); but does not expressly disclose: sorting, in a second order of priority, the plurality of videos; receiving, from the user device, an indication to send information indicative of plurality of videos associated with a background audio among the plurality of background audio; and sending, to the user device, at least one a plurality of video cover frames and information indicative of the second order of priority for display of the at least one plurality of video cover frames in an order based on the second order of priority, wherein each of the at least one plurality of video cover frames corresponds to a video among the at least one plurality of videos associated with the background audio, wherein the user device is configured to: display the plurality of video frames in the second order of priority along with a user interface element that is selectable to create a new video comprising the first background audio, and capture the new video comprising the first background audio in response to receiving second user input indicative of a selection of the user interface element. Zhu discloses: sorting, in a second order of priority, the plurality of videos (column 13, lines 41-45); receiving, from the user device, an indication to send information indicative of plurality of videos associated with a background audio among the plurality of background audio(column 5, lines 38—40; column 9, lines 37-46; Examiner’s Note: Fig. 3 illustrates in interface for receiving, from the user device, an indication to send information indicative of plurality of videos associated with a background audio among the plurality of background audio.); and sending, to the user device, a plurality of videos cover frames and information indicative of the second order of priority for display of the at least one plurality of video cover frames in an order based on the second order of priority, wherein each of the at least one plurality of video cover frames corresponds to a video among the at least one plurality of videos associated with the background audio (column 6, lines 1-5; column 9, lines 60-67), wherein the user device is configured to: display the plurality of video frames in the second order of priority along with a user interface element that is selectable to create a new video comprising the first background audio (e.g., Fig. 25 illustrates displaying a plurality of video frames along with a user interface element based on the information indicative of the one plurality of videos; column 7, lines 1—5; column 14, 48-59 ), and capture the new video comprising the first background audio in response to receiving second user input indicative of a selection of the user interface element(column 12, lines 19-27; Examiner’s Note: Zhu disclose a shooting button that allow a user to associate a video with audio.). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 9, O’Driscoll and Zhu disclose the system of claim 8, wherein the receiving, from the user device, an indication to send the information indicative of the plurality of videos associated with the background audio comprises: determining that playback of the background audio of the plurality of background audio has been initiated on the user device(O’Driscoll, e.g., play 282 as shown in Fig. 5; paragraph [0064], “In accordance with an embodiment, once created, the video moment can be provided 270, for example as an MP4 file, or other type of media file or set of data, to one or more users (recipients) 280, for example a user participating within the social messaging environment, where the recipient can either play 282 the video moment, and/or optionally access 284 the media content identified by the song metadata, at the media server. “; paragraph [0112], “At step 378, upon receipt and playback of the video presentation, by a user, the song metadata can be used in accessing the media content at the media server.”). Per claim 10, O’Driscoll and Zhu disclose the system of claim 8, wherein the sorting, in the first order of priority, a plurality of background audio comprises: determining a popularity associated with each of the plurality of background audio (Zhu, column 9, lines 60-67); and ranking, from a highest popularity to a lowest popularity, each of the plurality of background audio (Zhu, Fig. 11 illustrates ranking, from a highest popularity to a lowest popularity, each of the plurality of background audio; column 6, lines 1-5). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 11, O’Driscoll and Zhu disclose the system of claim 8,wherein sorting, in the second order of priority, the at least one video comprises at least one of: determining a time of creation associated with each of the plurality of videos (Zhu, column 9, lines 60-67); determining a popularity associated with each of the plurality of videos(Zhu, column 9, lines 60-67); or determining a creator associated with each of the plurality of videos (Zhu, column 9, lines 6-16). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 12, O’Driscoll and Zhu disclose the system of claim 8,wherein each of the plurality of videos frames comprises a frame of a corresponding video among the at least one video (Zhu, column 7, lines 1-5; column 14, lines 48-59). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 13, O’Driscoll discloses a computing device(e.g., media device 102 as shown in Fig. 1; paragraph [0019]), comprising: at least one processor(e.g., one or more physical device or computer hardware resources 104, 14 as shown in Fig. 1; paragraph [0020]); and at least one memory communicatively coupled to the at least one processor and storing instructions that upon execution by the at least one processor cause the computing device (paragraphs [0113-0114]) to: display, based on information indicative of a plurality of background audio sorted in a first order of priority(e.g., suggested media content options 316 as shown in Fig. 8; paragraph [0058], “ In accordance with an embodiment, a user can interact with the social messaging environment, and utilize the video capabilities of their messaging application, together with a current playing song, last-played song, or other song or music 254, as provided by the media server, to create 256 a video moment. “; paragraph [0068]; paragraph [0075], “At step 306, a current playing song, last-played song, or other song or music, is added as a song metadata to the video moment. “; paragraph [0094],” In accordance with an embodiment, the media server can provide 315 a set of recommended or suggested media content options 316, which can be displayed on the user interface for viewing and selection by the user, in creating a video presentation 320.”; Examiner’s Note: O’Driscoll discloses recommending the current playing song to a messaging application, or to a media application or music player (e.g., a Spotify app); or a last-played song if no song is currently playing. ), a plurality of images (e.g., Option A, B, …N as shown in Fig. 8) in an order based on the first order of priority on a page(e.g., user interface 106 displays media application page 108; paragraph [0044], “In accordance with an embodiment, the recommendation engine can determine a media content recommendation based on criteria such as, for example, a user's prior listening history, or favorite media content; other user characteristics such as demographic information; external-sourced information, such as the current weather at the user's locations; or other types of criteria.”), wherein each of the plurality of images corresponds to one of the plurality of background audio(Abstract; paragraph [0005]; paragraph [0088]; paragraph [0103], “In accordance with an embodiment, a media server, or other music streaming service, can provides a list of suggestions, that can be used to promote songs and artists, so that they can be distributed further as users create user generated content (UGC) (354).”; paragraph [0110]; Examiner’s Note: A list of recommended songs are displayed for inclusion in user-generated content. ); receive a first user input indicative of a selection of an area associated with a first background audio among the plurality of background audio on the page (e.g., Option B is selected as shown in Fig. 9; paragraph [0083], “In accordance with an embodiment, in a case of the recommendation engine is used to suggest a media content, the messaging application can, for example, be configured to, for instance in response to an input from the user such as a long press on a touch screen of a display showing the video of the video moment, communicate a request to the recommendation engine which would cause the recommendation engine to provide a suggested audio/song for use in the video moment being created.”); but does not expressly disclose: receive information indicative of plurality of videos associated with the first background audio and information indicative of a second order of priority associated with the plurality of videos, in response to the first user input indicative of the selection of the area associated with the first background audio; and display a plurality of video frames along with a user interface element based on the information indicative of the one plurality of videos, wherein each of the at least one plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio, [[and]] the at least one plurality of video frames are displayed in an order based on the second order of priority, and wherein the user interface element is selectable to create a new video comprising the first background audio; and capturing the new video comprising the first background audio in response to receiving a second user input indicative of a selection of the user interface element. Zhu discloses: receive information indicative of plurality of videos associated with the first background audio and information indicative of a second order of priority associated with the plurality of videos, in response to the first user input indicative of the selection of the area associated with the first background audio(e.g., ‘most popular’ as shown in Fig. 11; column 2, lines 64-67 to column 3, lines 1-6; column 6, lines 1-5; column 9, lines 60-67; column 14, lines 60-62; Examiner’s Note: Zhu discloses receiving information indicating how popular or recent (i.e., a second order of priority) a video is after listing videos that are part of a specific challenge or contest (i.e., a first order of priority). For example, a user can select a hashtag named for a challenge to receive a listing of the most popular and most recent challenge videos. ); and display a plurality of video frames along with a user interface element based on the information indicative of the one plurality of videos, wherein each of the at least one plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio, [[and]] the at least one plurality of video frames are displayed in an order based on the second order of priority (e.g., Fig. 25 illustrates displaying a plurality of video frames along with a user interface element based on the information indicative of the one plurality of videos; column 7, lines 1—5; column 14, 48-59 ), and wherein the user interface element is selectable to create a new video comprising the first background audio (column 11, lines 41—49; column 12, lines -27 ); and capturing the new video comprising the first background audio in response to receiving a second user input indicative of a selection of the user interface element(column 12, lines 19-27; Examiner’s Note: Zhu disclose a shooting button that allow a user to associate a video with audio.). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 14, O’Driscoll and Zhu disclose the computing device of claim 13, wherein the first user input indicative of the selection of the area associated with the first background audio comprises an input indicative of an instruction to play the first background audio(O’Driscoll, e.g., play 282 as shown in Fig. 5; paragraph [0064], “In accordance with an embodiment, once created, the video moment can be provided 270, for example as an MP4 file, or other type of media file or set of data, to one or more users (recipients) 280, for example a user participating within the social messaging environment, where the recipient can either play 282 the video moment, and/or optionally access 284 the media content identified by the song metadata, at the media server. “; paragraph [0112], “At step 378, upon receipt and playback of the video presentation, by a user, the song metadata can be used in accessing the media content at the media server.”). Per claim 15, O’Driscoll and Zhu disclose the computing device of claim 14, the at least one memory further storing instructions that upon execution by the at least one processor cause the computing device to: play the first background audio while displaying the plurality of video frames(O’Driscoll, e.g., play video presentation 342 as shown in Fig. 7; paragraph [0100],” In accordance with an embodiment, once created, the video presentation can be provided 330, to one or more users (recipients) 340, for example as an MP4 file, or other type of media file or set of data, where the recipient can either play 342 the video presentation, and/or optionally access 344 the media content identified by the song metadata, at the media server.” ). Per claim 16, O’Driscoll and Zhu disclose the computing device of claim 13, wherein each of the plurality of video frames comprises a frame of a corresponding video among the plurality of videos (Zhu, column 6, lines 1-5; column 9, lines 63-67). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Per claim 18, O’Driscoll and Zhu disclose the computing device of claim 13, wherein each of the plurality of video features at least a portion of the first background audio (O’Driscoll, Song Meta Data 262 as shown in Fig. 3 is included in Video Moment 260; paragraph [0059], “In accordance with an embodiment, the video moment 260 can be associated with a song metadata 262 indicative of the, e.g., current playing song.”; paragraph [0060]). Per claim 19, O’Driscoll and Zhu disclose the computing device of claim 13, wherein the displaying the plurality of video frames comprises displaying the plurality of video frames on a same page where the plurality of images corresponding to the plurality of background audio are displayed (Zhu, column 6, lines 1-5; column 9, lines 63-67). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the social media platform of Zhu in the video content creation device of O’Driscoll to allow users to more freely express themselves and to have better sense of a community as suggested by Zhu (column 1, lines 15-17). Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over O’Driscoll et al. (Hereinafter, O’Driscoll, US 2018/0192082 A1) in view of Zhu et al. (Hereinafter, Zhu, US 9,583,142 B1), and further in view of Ross et al. (Hereinafter, Ross, US 2017/0177572 A1, See IDS dated 08/15/2023) . Per claim 7, O’Driscoll and Zhu disclose the method of claim 1, but does not expressly disclose the method as further comprising: receiving a third displaying one or more video frames associated with the second background audio while causing the plurality of video frames associated with the first background audio to disappear. Ross discloses: receiving a third In another implementation, when a user activates (e.g., clicks, selects, etc.) one of the buttons 315 through 335, a popup window including a graphic representation (e.g., picture of a single frame from the media item) of media items in the station associated with the activated button may appear on the GUI 300 ... “); and displaying one or more video frames associated with the second background audio while causing the plurality of video frames associated with the first background audio to disappear(Ross, paragraph [0046]). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the adaptive music and video recommendations of Ross in the video content creation device of O’Driscoll and Zhu to save time and resources when generating playlists as suggested by Ross (paragraph [0004]). Per claim 17, O’Driscoll and Zhu disclose the computing device of claim 13, but does not expressly disclose the at least one memory further storing instructions that upon execution by the at least one processor cause the computing device to: receive a third display one or more video frames associated with the second background audio while causing the plurality of video frames associated with the first background audio to disappear. Ross discloses: receiving a third In another implementation, when a user activates (e.g., clicks, selects, etc.) one of the buttons 315 through 335, a popup window including a graphic representation (e.g., picture of a single frame from the media item) of media items in the station associated with the activated button may appear on the GUI 300 ... “); and displaying one or more video frames associated with the second background audio while causing the plurality of video frames associated with the first background audio to disappear(Ross, paragraph [0046]). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the adaptive music and video recommendations of Ross in the video content creation device of O’Driscoll and Zhu to save time and resources when generating playlists as suggested by Ross (paragraph [0004]). Response to Arguments Applicant’s arguments with respect to claim 1-19 have been considered but are moot because the new ground of rejection does not rely on Ross (U.S. Publication No. 2017/0177572) for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRIN HOPE whose telephone number is (571)270-5079. The examiner can normally be reached Mon-Thr - 6:45-4:15, Fri - 6:45-3:15, Alt. Fri Off. 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, Stephen S Hong can be reached at (571)272-4124. 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. DARRIN HOPE Examiner Art Unit 2178 /STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
Read full office action

Prosecution Timeline

Aug 08, 2023
Application Filed
Mar 03, 2025
Non-Final Rejection — §103
Jun 12, 2025
Response Filed
Sep 19, 2025
Final Rejection — §103
Dec 01, 2025
Response after Non-Final Action
Dec 23, 2025
Request for Continued Examination
Jan 15, 2026
Response after Non-Final Action
Mar 06, 2026
Non-Final Rejection — §103 (current)

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Patent 12541563
INSTRUMENTATION OF SOFT NAVIGATION ELEMENTS OF WEB PAGE APPLICATIONS
2y 5m to grant Granted Feb 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
79%
With Interview (+19.3%)
4y 2m
Median Time to Grant
High
PTA Risk
Based on 449 resolved cases by this examiner. Grant probability derived from career allow rate.

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