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 .
Status of Claims
This Office Action is in response to the communication filed on 04/30/2026.
Claims 1-30 have been previously cancelled.
Claim 31 has been amended.
Claims 31-47 are currently pending and are considered below.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/30/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 31-47are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 31, the limitation “generate synchronization control data configured to cause the plurality of user devices and the digital signage to present corresponding content according to a common timing reference, and transmit the synchronization control data to both the plurality of user devices and the digital signage control system…” is not supported by the specification. No where in the specification recites synchronization control data. The claims do not satisfy the written description requirement if sufficient description of how the claimed is to be performed are not disclosed by the specification, including how to program the disclosed computer to perform the claimed function. MPEP 2161.01.
Response to Arguments
10. Applicant’s arguments, filed 04/30/2026, with respect to the rejection of claims 31-47 under 35 U.S.C. 101 have been fully considered and they are not persuasive. The rejection of claims 31-47 has been withdrawn. All 101 rejections have been withdrawn because the claims are applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claims as a whole are more than a drafting effort designated to monopolized the exception.
11. Applicant argues filed 04/30/2026, with respect to the rejection of amended independent claim 31 under 35 U.S.C. 103(a) have been fully considered and they are persuasive. The rejection of claims 31-47 under 35 U.S.C. 103(a) has been withdrawn. The prior art of record does not teach the amended claim. See Applicant’s arguments in the Remark.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Connolly et al. (U.S. Pub. No. 2014/0353368) talks about updating electronic shelf label (ESL) display information and acknowledging the receipt of the display data (see at least paragraph 0011).
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARILYN G MACASIANO whose telephone number is (571)270-5205. The examiner can normally be reached Monday-Friday 12:00-9:00 pm.
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, llana Spar can be reached on 571)270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 06/26/2026
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