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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/13/2026 has been entered.
DETAILED ACTION
1. This action is responsive to applicant’s amendment dated 1/13/2026.
2. Claims 1-3 and 5-16 are pending in the case.
3. Claim 4 is cancelled.
4. Claims 9-16 are newly added.
5. Claims 1, 7 and 8 are independent claims.
Applicant’s Response
6. In Applicant’s response dated 1/13/2026, applicant has amended the following:
a) Claims 1, 7 and 8
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 1-3 and 5-16 are rejected under 35 U.S.C. 103 as being unpatentable over IWAMOTO, TADAYOSHI, JP 2016057854 A, of record cited by Applicant (see IDS dated 8/4/2023) in view of KIM; Sang-Heun (hereinafter “Kim”), U.S. Published Application No. 20090235187 A1, in further view of Chiu et al. (hereinafter “Chiu”), U.S. Published Application No. 20190341149 A1.
Claim 1:
IWAMOTO teaches An image determination method comprising:
acquiring, by a server from a communication device, (e.g., environment illustrating client communicating with server Figure 1; page 8 par. 22; Referring to FIG. 1, the present embodiment is composed of a client side and a server side.) operation information concerning an operation by a first user in a state in which an image including a plurality of item images is displayed; (e.g., acquiring operation information when a user is having difficulty with menus or buttons (i.e., plurality of images) on a displayed page within a web browser, page 4, par. 4; A large number of users unfamiliar with (Graphical User Interface) are generated. Because of this background, when a user unfamiliar with the operation operates the Web application, that is, when using the mouse or keyboard on the Web browser, many menus, buttons, and function names are displayed on the screen. Having a plurality of operation methods even with one function is a cause of difficulty and confusion for beginners.)
and when detecting, based on the operation information including repeatedly pressing a specific item image, (e.g., determining confusion state based on selecting cancel image button for a threshold number of times page 10; par. 39; The determination of the confusion state is based on the event data stored in the personal data recording unit 120, and the saved GUI events are separated by a certain number of events, and cancel execution (close button, window If the ratio of the × button, the shortcut key for closing the window, the undo button, or the undo shortcut key) is equal to or greater than a certain value, it is determined that the user is confused. It is assumed that the threshold of the number of events to be separated and the ratio (number of cancel executions / number of events to be separated) can be set.)
a state in which the first user cannot determine on which item image among the plurality of item images the first user performs the operation, determining, by at least one processor of the server, based on operation history information, at least one item image to be recommended as a target on which the first user performs the operation among the plurality of item images, (e.g., when determining that a user is in a confusion based on operation patterns, proposing operation support explanation for a menu option (i.e., explain the operation method for functions that are determined to be in a confusing state.) , page 11, par. 42; As described above, according to the first embodiment, the frequency of use of functions and operation methods, the device used as input means are recorded, and personal operation history data and from other users using cloud computing Since the standard data that records the operation information of the collected software is comparatively analyzed to analyze the user's operation patterns and determine the confusion, operation support is provided even when the user uses the device for the first time. Page 13, par. 61; As described above, according to the first, second, and third embodiments of the present invention, the frequency of use of functions and operation methods, the device used as input means are recorded, and personal operation history data is recorded. Compare the standard data collected from other users and other users, analyze the user's operation patterns, and provide a help screen to explain the operation method for functions that are determined to be in a confusing state. It is possible to propose improvement of the operation method based on the operation history data.)
the operation history information being information concerning an item image which has been the target of the operation performed by at least one of the first user and a second user different from the first user in the state in which the image including the plurality of item images is displayed. (e.g., operation history from other users is collected and analyzed Page 13, par. 61; As described above, according to the first, second, and third embodiments of the present invention, the frequency of use of functions and operation methods, the device used as input means are recorded, and personal operation history data is recorded. Compare the standard data collected from other users and other users, analyze the user's operation patterns, and provide a help screen to explain the operation method for functions that are determined to be in a confusing state. It is possible to propose improvement of the operation method based on the operation history data.).
IWAMOTO fails to expressly teach the server causing a display device to display a first notification image for notifying at least one first priority item image to the first user and a second notification image for notifying at least one second priority item image to the first user.
However, Kim teaches the server causing a display device to display a first notification image for notifying at least one first priority item image to the first user and a second notification image for notifying at least one second priority item image to the first user. (e.g., displaying a “click here” image for each menu option that is determined to be previously selected as one of the popular selections as shown in Kim’s Figure 15 par. 85; The determination of which portions of menu panes M104-1, M-104-2 or M-104-3 are to be combined are not particularly limited. For example, a record can be kept of the most popular selections by all users of web site 100 and to include direct links to those selections. Alternatively, specific promotions can be chosen to be combined into the modified menu pane M-104 (e.g. where the operator of server 58 wishes to promote the sale of 17''0 laptops in FIG. 16).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operation support based on operation frequency usage of other users as taught IWAMOTO to include determining a priority menu image based on tracking operation history such as menu selections of all users as taught by Kim, with a reasonable expectation of success, to provide the benefit of helping a user navigate a graphical user interface in effort to improve the user browsing experience (see Kim; par. 3, par.55; par. 91, par. 120)
IWAMOTO /Kim fails to expressly teach notification image superimposed on the image.
However, Chiu teaches
editing the image including the plurality of item images based on the determining at least one item image to be recommended as the target; (e.g., editing the image by adding guidance overlays to recommend menu items par. 132; In addition to the guidance overlays 1902, 1904, additional graphical overlays 1906, 1908 that highlight or distinguish the recommended menu items may also be provided.)
wherein: the editing the image includes the server causing a display device to display a first notification image superimposed on the image including the plurality of item images for notifying at least one first priority item image to the first user and a second notification image superimposed on the image including the plurality of item images for notifying at least one second priority item image to the first user. (e.g., displaying graphical overlays superimposed on menu items to indicate recommended items on the menu Figure 7; server 714 causing display of client device 706 par. 131; The forecasted glucose value may then be stored or otherwise maintains in association with the respective menu item and utilized to populate or otherwise provide graphical overlays that visually overlie the menu. par. 132; In addition to the guidance overlays 1902, 1904, additional graphical overlays 1906, 1908 that highlight or distinguish the recommended menu items may also be provided. For example, transparent (or semi-transparent) highlight regions 1906, 1908 may be presented visually overlying the menu items in a color or other visually distinguishable characteristic that indicates a positive outcome is predicted for the patient (e.g., a green color). In the illustrated embodiment, the guidance overlays 1902, 1904 include a pointer or otherwise emanate from the highlight regions 1906, 1908, thereby facilitating the patient establishing a mental association between the information depicted within the guidance overlays 1902, 1904 and the recommended items on the menu.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the recommendation technique via graphical user interface as taught by IWAMOTO/Kim to include graphical overlays as taught by Chiu with a reasonable expectation of success, to provide the benefit of highlighting system recommendation in effort to help select better options that will benefit the user relative to other options.
Claim 2 depends on claim 1:
IWAMOTO teaches wherein the operation history information includes frequency information indicating frequencies of operation for the respective plurality of item images by at least one of the first user and the second user, (e.g., operation history including frequency of use of functions from other users is collected and analyzed Page 13, par. 61; As described above, according to the first, second, and third embodiments of the present invention, the frequency of use of functions and operation methods, the device used as input means are recorded, and personal operation history data is recorded. Compare the standard data collected from other users and other users, analyze the user's operation patterns, and provide a help screen to explain the operation method for functions that are determined to be in a confusing state. It is possible to propose improvement of the operation method based on the operation history data.)
IWAMOTO fails to expressly teach the determining the at least one item image includes determining the at least one first priority item image based on the frequency information, and the at least one first priority item image is at least one item image having a highest frequency of having been a target of the operation performed by at least one of the first user and the second user.
However, Kim teaches the determining the at least one item image includes determining the at least one first priority item image based on the frequency information, and the at least one first priority item image is at least one item image having a highest frequency of having been a target of the operation performed by at least one of the first user and the second user. (e.g., keeping track of previous selected menu options selections by all users to determine which menu options is most popular amongst users of a web site par. 85; The determination of which portions of menu panes M104-1, M-104-2 or M-104-3 are to be combined are not particularly limited. For example, a record can be kept of the most popular selections by all users of web site 100 and to include direct links to those selections.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operation support based on operation frequency usage of other users as taught IWAMOTO to include determining a priority menu image based on tracking operation history such as menu selections of all users as taught by Kim, with a reasonable expectation of success, to provide the benefit of helping a user navigate a graphical user interface in effort to improve the user browsing experience (see Kim; par. 3, par.55; par. 91, par. 120)
Claim 3 depends on claim 2:
IWAMOTO/Kim teaches wherein the determining the at least one item image includes determining the at least one second priority item image based on the frequency information, and the at least one second priority item image is at least one item image having a second highest frequency of having been a target of operation performed by at least one of the first user and the second user next to the at least one first priority item image. (e.g., keeping track of previous selected menu options selections by all users to determine which menu options is most popular amongst users of a web site Kim; par. 85; The determination of which portions of menu panes M104-1, M-104-2 or M-104-3 are to be combined are not particularly limited. For example, a record can be kept of the most popular selections by all users of web site 100 and to include direct links to those selections.)
Claim 5 depends on claim 1:
IWAMOTO teaches further comprising, when the at least one item image cannot be determined based on frequency information indicating frequencies of operation for the respective plurality of item images by at least one of the first user and the second user, determining the at least one item image based on designation information for designating a predetermined item image among the plurality of item images. (e.g., proposing operation support for a menu option based on designated help information that indicates an explanation for predetermined menu options Examiner notes that frequency operation usage is tracked as taught by Iwamoto but the frequency operation usage is not used to determine at least one item image. Rather the frequency operation usage is used to determine when the user is in a confused stated so that help is presented. Page 13, par. 61; provide a help screen to explain the operation method for functions that are determined to be in a confusing state. It is possible to propose improvement of the operation method based on the operation history data.).
Claim 6 depends on claim 1:
IWAMOTO teaches wherein a display form of an image including the plurality of item images displayed to the first user and a display form of an image including the plurality of item images displayed to the second user are different, (e.g., display form may be different as shown Figure 11 which has a different display form than Figure 16; page. 11, par. 48; Here, among the average time between steps of the standard data, “select from function B-2 list expansion: 4.5 [s]”, and the time elapsed until execution of function B-2 in the function B list of FIG. Compare The elapsed time until the execution of the function B-2 in the function B list is “time difference between GUI event 3 and GUI event 4: 46 [s] (calculates the difference in generation time between GUI event 4 and GUI event 3) ) "Is taking longer than normal.) page 13, par. 59; As shown in FIG. 16, function A buttons (instead of buttons, menus, list boxes, radio buttons, check boxes, links, text box-related input GUI objects are included in each of the areas A and B. The same applies to the “function B button” described later.))
IWAMOTO fails to expressly teach and the determining the at least one item image includes determining, based on frequency information indicating frequencies of operation for the respective plurality of item images in the display form of the image including the plurality of item images displayed to the first user, the at least one item image to be recommended as the target on which the first user performs the operation.
However, Kim teaches and the determining the at least one item image includes determining, based on frequency information indicating frequencies of operation for the respective plurality of item images in the display form of the image including the plurality of item images displayed to the first user, the at least one item image to be recommended as the target on which the first user performs the operation.(e.g., keeping track of previous selected menu options selections by all users to determine which menu options is most popular amongst users of a web site par. 85; The determination of which portions of menu panes M104-1, M-104-2 or M-104-3 are to be combined are not particularly limited. For example, a record can be kept of the most popular selections by all users of web site 100 and to include direct links to those selections.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operation support based on operation frequency usage of other users as taught IWAMOTO to include determining a priority menu image based on tracking operation history such as menu selections of all users as taught by Kim, with a reasonable expectation of success, to provide the benefit of helping a user navigate a graphical user interface in effort to improve the user browsing experience (see Kim; par. 3, par.55; par. 91, par. 120)
Claim 7:
Claim 7 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 7.
Claim 8:
Claim 8 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 8.
Claims 9-12:
Claims 9-12 are substantially encompassed in claims 2, 3, 5 and 6, respectively, therefore, Examiner relies on the same rationale set forth in claims 2, 3, 5 and 6 to reject claims 9-12.
Claims 13-16:
Claims 13-16 are substantially encompassed in claims 2, 3, 5 and 6, respectively, therefore, Examiner relies on the same rationale set forth in claims 2, 3, 5 and 6 to reject claims 13-16.
Response to Arguments
Applicant’s arguments, with respect to the previously cited prior art failing to disclose the new limitations has been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of newly applied “Chiu“ reference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY ORR whose telephone number is (571)270-1308. The examiner can normally be reached 9AM-5PM EST M-F.
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/HENRY ORR/Primary Examiner, Art Unit 2172