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 15 June 2026. Claims 1-5 and 7-18 are pending.
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 1-5, 8-16 and 18 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.”);
displaying a first user interface element and a subset of a plurality of video frames in a scrollable carousel on a same page where the plurality of images corresponding to the plurality of background audio are displayed(e.g., Suggested Media Content 316 as shown in Fig. 8; 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.” ), wherein each of the plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio (paragraphs [0095-0096]; Examiner’s Note: O’Driscoll teaches GUI layouts featuring horizontal scrollable preview carousels displaying subsets of media thumbnails alongside control icons on a single page.) ; 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]] the plurality of video frames along with a second user interface element on a different page from where the plurality of images corresponding to the plurality of background audio are displayed in response to second user input indicative of a selection of the first user interface elementon the different page in an order based on the second order of priority, and wherein the second 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 third 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]] the plurality of video frames along with a second user interface element on a different page from where the plurality of images corresponding to the plurality of background audio are displayed in response to second user input indicative of a selection of the first user interface elementon the different page 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 ), wherein the plurality of video frames are displayed on the different page in an order based on the second order of priority, and wherein the second user interface element is selectable to create a new video comprising the first background audio (column 11, lines 41—49; column 12, lines -27; Examiner’s Note: Zhu teaches transitioning to a dedicated sound detail page displaying the full list/grid of user video made with that sound, featuring a dedicated creation/record button that allows the user to record new content with that audio.); and
capturing the new video comprising the first background audio in response to receiving a third 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 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]);
wherein the user device is configured to:
display a first user interface element and a subset of a plurality of video frames in a scrollable carousel on a same page where the plurality of images corresponding to the plurality of background audio are displayed (e.g., Suggested Media Content 316 as shown in Fig. 8; 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.” ), wherein each of the plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio (paragraphs [0095-0096]; Examiner’s Note: O’Driscoll teaches GUI layouts featuring horizontal scrollable preview carousels displaying subsets of media thumbnails alongside control icons on a single page.); 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 second user interface element on a different page from where the plurality of images corresponding to the plurality of background audio are displayed in response to second user input indicative of a selection of the first user interface element, wherein the [[that]]second user interface element 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 receivingthird 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 along with a second user interface element on a different page from where the plurality of images corresponding to the plurality of background audio are displayed in response to second user input indicative of a selection of the first user interface element, wherein the plurality of video frames are displayed on the different page 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 ), wherein the plurality of video frames are displayed on the different page in an order based on the second order of priority, wherein the [[that]] second user interface element is selectable to create a new video comprising the first background audio (column 11, lines 41—49; column 12, lines -27; Examiner’s Note: Zhu teaches transitioning to a dedicated sound detail page displaying the full list/grid of user video made with that sound, featuring a dedicated creation/record button that allows the user to record new content with that audio.); and
capturing the new video comprising the first background audio in response to receiving a third 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 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.”);
display a first user interface element and a subset of a plurality of video frames in a scrollable carousel on a same page where the plurality of images corresponding to the plurality of background audio are displayed(e.g., Suggested Media Content 316 as shown in Fig. 8; 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.” ), wherein each of the plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio (paragraphs [0095-0096]; Examiner’s Note: O’Driscoll teaches GUI layouts featuring horizontal scrollable preview carousels displaying subsets of media thumbnails alongside control icons on a single page.)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]] the plurality of video frames along with a second user interface element on a different page from where the plurality of images corresponding to the plurality of background audio are displayed in response to second user input indicative of a selection of the first user interface elementon the different page in an order based on the second order of priority, and wherein the second 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 third 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]] the plurality of video frames along with a second user interface element on a different page from where the plurality of images corresponding to the plurality of background audio are displayed in response to second user input indicative of a selection of the first user interface elementon the different page 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 ), wherein the plurality of video frames are displayed on the different page in an order based on the second order of priority, and wherein the second user interface element is selectable to create a new video comprising the first background audio (column 11, lines 41—49; column 12, lines -27; Examiner’s Note: Zhu teaches transitioning to a dedicated sound detail page displaying the full list/grid of user video made with that sound, featuring a dedicated creation/record button that allows the user to record new content with that audio.); and
capture the new video comprising the first background audio in response to receiving a third 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]).
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 fourth
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 fourth 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 fourth
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 fourth 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 filed 15 June 2026 have been fully considered but they are not persuasive.
First, applicant argues that Zhu does not disclose "displaying a first user interface element and a subset of a plurality of video frames in a scrollable carousel on a same page where the plurality of images corresponding to the plurality of background audio are displayed, wherein each of the plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio," as claimed.
Examiner disagrees since Zhu was not relied upon to disclose "displaying a first user interface element and a subset of a plurality of video frames in a scrollable carousel on a same page where the plurality of images corresponding to the plurality of background audio are displayed, wherein each of the plurality of video frames corresponds to a video among the plurality of videos comprising the first background audio," as claimed.
Second, applicant argues that Zhu does not disclose "displaying the plurality of video frames along with a second user interface element on a different page from where the plurality of images corresponding to the plurality of background audio are displayed in response to second user input indicative of a selection of the first user interface element, wherein the plurality of video frames are displayed on the different page in an order based on the second order of priority, and wherein the second user interface element is selectable to create a new video comprising the first background audio" since Zhu does not disclose the claimed first user interface of element, which is displayed with a subset of the videos associated with the selected audio content along in a scrollable carousel on a same page where the plurality of images corresponding to the plurality of background audio are displayed.
Examiner disagrees since Zhu was not relied upon to disclose the claimed first user interface element as discussed above.
For at least the foregoing reasons, Examiner submits that claim 1 is not patentable over O'Driscoll in view of Zhu. Accordingly, Examiner maintains the 35 U.S.C. § 103 rejection to claim 1.
Inasmuch as dependent claims 2-5 depend upon claim 1, Examiner submits that claims 2- 5 are rendered obvious by O'Driscoll in view of Zhu at least by virtue of their dependency from claim 1. Accordingly, Examiner maintains the 35 U.S.C. § 103 rejection to claims 2-5.
Regarding independent claim 8, Applicant has further amended the claim in a similar manner as claim 1 is amended. Thus, Examiner submits that amended claim 8 is likewise not patentable over O'Driscoll in view of Zhu. Accordingly, Examiner maintains the 35 U.S.C. § 103 rejection to claim 8.
Inasmuch as dependent claims 9-12 depend upon claim 8, Examiner submits that claims 9-12 are rendered obvious by O'Driscoll in view of Zhu at least by virtue of their dependency from claim 8. Accordingly, Examiner maintains the 35 U.S.C. § 103 rejection to claims 9-12.
Regarding independent claim 13, Applicant has amended the claim in a similar manner as claim 1 is amended. Thus, Examiner submits that amended claim 13 is likewise not patentable over O'Driscoll in view of Zhu. Accordingly, Examiner maintains the 35 U.S.C. § 103 rejection to claim 13.
Inasmuch as dependent claims 14-16 and 18 depend upon claim 13, Examiner submits that claims 14-16 and 18 are rendered obvious by O'Driscoll in view of Zhu at least by virtue of their dependency from claim 13. Accordingly, Examiner maintains the 35 U.S.C. § 103 rejection to claims 14-16 and 18.
Applicant argues that Ross does not cure the deficiencies of the Office's application O'Driscoll in view of Zhu as applied to claims 1 and 13.
Inasmuch as dependent claims 7 and 17 depend upon claim 7, Examiner submits that claims 7 and 17 are rendered obvious by O'Driscoll in view of Zhu and Ross based at least on their dependency from claim 1 or 13. Accordingly, Examiner maintains the 35 U.S.C. § 103 rejection to claims 7 and 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Leiberman et al. (US 9,691,429 B2) - Systems and methods for creating music videos synchronized with an audio track are provided.
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 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.
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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.
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DARRIN HOPE
Examiner
Art Unit 2178
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
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