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 .
Examiner's Note
Examiner has taken note that claims 2, 6, 13, and 20 have been canceled by the Applicant, and has removed these claims below. Examiner has taken note that claims 21-24 have been added by the Applicant, and has addressed these additional claims below.
Claim Objections
Claims 1, 10, 17, and 24 are objected to because of the following informalities:
a) In claim 1 lines 9-11, please change “display, on a display device of the mobile device, personalized visual recommendation of the activity for the user to perform during the weather condition.” to: --display, on a display device of the mobile device, a personalized visual recommendation of an activity for the user to perform during the weather condition.--.
b) In claim 10 lines 6-7, please change “displaying, on a display device, personalized visual recommendation of the activity for the user to perform during the weather condition.” to: --displaying, on a display device, a personalized visual recommendation of an activity for the user to perform during the weather condition.--.
c) In claim 17 lines 10-12, please change “display, on a display device of the mobile device, personalized visual recommendation of the activity for the user to perform during the weather condition.” to: --display, on a display device of a mobile device, a personalized visual recommendation of an activity for the user to perform during the weather condition.--.
d) In claim 24 lines 1-2, please change
“wherein the metadata includes information including at least one or a time or a place” to:--wherein the metadata includes information including at least one of a time or a place--.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
Previous rejections are withdrawn in view of Applicant's amendment filed June 19, 2026. The amendments to the independent claims have removed the previously identified abstract idea limitations, and the new claim amendments provide a claimed solution that is necessarily rooted in computer technology (in the use of metadata of the media file to determine associated weather for the media file that depicts the user activity), which when considered as an ordered combination, demonstrates a technologically rooted solution that amounts to significantly more than a mere mental process to identify a user activity by viewing a media file.
Claim Rejections - 35 USC § 102
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
6. Claims 1, 3-5, 7-12, 14-19, and 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (US Pat. Pub. 2016/0234184), hereinafter “Liu”).
In regards to claim 1, Liu teaches a mobile device (Liu abstract and paragraphs [0003] and [0034] teach a user device that can be mobile such as a smartphone), comprising:
at least one processor coupled with a memory (Liu paragraph [0008] teaches at least one processor coupled with a non-transitory computer-readable media memory); and
a context suitability manager configured to cause the mobile device (Liu Figs. 2-3 and paragraphs [0050] and [0080]-[0081] teach a data storage engine or user device program (context suitability manager) to cause the mobile user device to carry out steps) to:
determine a user activity depicted in a media file that includes metadata (Liu paragraphs [0050]-[0051] teach receiving various types of video data or audio data (media files) and determining a physical state or activity engaged by a user, where the media file includes metadata);
use the metadata of the media file to determine associated weather for the media file that depicts the user activity (Liu paragraphs [0051] and [0138]-[0139] teach using the metadata to determine associated weather at the time and location of the user activity event);
receive a weather forecast indicating a weather condition (Liu paragraph [0073] teaches a server receiving a weather forecast prior to a planned future user event that is indicative of the weather in proximity of the mobile user device); and
display, on a display device of the mobile device, personalized visual recommendation of the activity for the user to perform during the weather condition (Liu paragraphs [0032], [0077] and [0118] teach providing an automatic mobile alert or visual notification on the display of the mobile device recommending one or more actions (e.g., that a user walk to the office today) based on the weather information).
In regard to claim 3, Liu teaches the mobile device wherein the personalized visual recommendation of the activity is determined based on a level of enjoyment off the activity determined by identifying a facial expression depicted in the media file (Liu paragraph [0034] teaches where the recommendation of one or more actions to a user is based on determining a mood, emotional state, and/or behavioral disposition associated with the user, and paragraphs [0035], [0052], and [0093] teach determining a user’s mood (level of enjoyment) of an activity based on analysis of a social networking application, video sharing service, or photo sharing service (suggesting a depicting a user’s facial expression to interpret the mood) on the user device).
In regard to claim 4, Liu teaches the mobile device wherein the personalized visual recommendation of the activity is based on user input specifying favorability or unfavorability of the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation of the activity is based on a user input specifying favorability or unfavorability of the weather condition for what the user considers to be “too hot,” which is used as a threshold for comparing the current temperature against to determine whether to recommend the activity).
In regard to claim 5, Liu teaches the mobile device wherein the personalized visual recommendation of the activity is based on a group context that considers a user preference related to the weather condition and at least one additional user preference related to the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation of the activity is based on a user preference related to temperature and an additional user preference related to a chance of precipitation).
In regard to claim 7, Liu teaches the mobile device wherein the personalized visual recommendation of the activity is adjusted based on an additional input including a rating for the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation is adjusted based on user preferences such as what the user likes (i.e., ratings of weather conditions), where information related to the user-initiated event is to be presented if the user likes the type of weather).
In regard to claim 8, Liu teaches the mobile device wherein the personalized visual recommendation of the activity includes a recommendation for a destination given the weather forecast (Liu paragraph [0032] teaches providing an automatic mobile notification that a user walk to a destination location of an office based on the weather forecast information).
In regard to claim 9, Liu teaches the mobile device wherein the personalized visual recommendation of the activity is displayed relative to schedule information and indicates at least one of a date or time to engage in an activity (Liu Fig. 10 and paragraph [0127] teaches where the visual recommendation of the activity is displayed relative to scheduled time information (e.g., begin walking to the event at 1:45 PM)).
In regard to claim 10, Liu teaches a method (Liu abstract teaches a method), comprising:
determining a user activity depicted in a media file that includes metadata (Liu paragraphs [0050]-[0051] teach receiving various types of video data or audio data (media files) and determining a physical state or activity engaged by a user, where the media file includes metadata);
using the metadata of the media file to determine associated weather for the media file that depicts the user activity (Liu paragraphs [0051] and [0138]-[0139] teach using the metadata to determine associated weather at the time and location of the user activity event);
receiving a weather forecast indicating a weather condition (Liu paragraph [0073] teaches a server receiving a weather forecast prior to a planned future user event that is indicative of the weather in proximity of the mobile user device); and
displaying, on a display device of the mobile device, personalized visual recommendation of the activity for the user to perform during the weather condition (Liu paragraphs [0032], [0077] and [0118] teach providing an automatic mobile alert or visual notification on the display of the mobile device recommending one or more actions (e.g., that a user walk to the office today) based on the weather information).
In regard to claim 11, Liu teaches the method wherein the personalized visual recommendation of the activity is based on user input specifying favorability or unfavorability of the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation of the activity is based on a user input specifying favorability or unfavorability of the weather condition for what the user considers to be “too hot,” which is used as a threshold for comparing the current temperature against to determine whether to recommend the activity).
In regard to claim 12, Liu teaches the method wherein the personalized visual recommendation of the activity is based on a group context that considers a user preference related to the weather condition and at least one additional user preference related to the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation of the activity is based on a user preference related to temperature and an additional user preference related to a chance of precipitation).
In regard to claim 14, Liu teaches the method wherein the personalized visual recommendation of the activity is adjusted based on an additional input including a rating for the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation is adjusted based on user preferences such as what the user likes (i.e., ratings of weather conditions), where information related to the user-initiated event is to be presented if the user likes the type of weather).
In regard to claim 15, Liu teaches the method wherein the personalized visual recommendation of the activity includes a recommendation for a destination given the weather forecast (Liu paragraph [0032] teaches providing an automatic mobile notification that a user walk to a destination location of an office based on the weather forecast information).
In regard to claim 16, Liu teaches the method wherein the personalized visual recommendation of the activity is displayed relative to schedule information and indicates at least one of a date or time to engage in an activity (Liu Fig. 10 and paragraph [0127] teaches where the visual recommendation of the activity is displayed relative to scheduled time information (e.g., begin walking to the event at 1:45 PM)).
In regard to claim 17, Liu teaches a system (Liu abstract), comprising:
a memory (Liu paragraph [0008] teaches a non-transitory computer-readable media); and
a context suitability manager (Liu Figs. 2-3 and paragraphs [0050] and [0080]-[0081] teach a data storage engine or user device program (context suitability manager) to cause the mobile user device to carry out steps) to:
determine a user activity depicted in a media file that includes metadata (Liu paragraphs [0050]-[0051] teach receiving various types of video data or audio data (media files) and determining a physical state or activity engaged by a user, where the media file includes metadata);
use the metadata of the media file to determine associated weather for the media file that depicts the user activity (Liu paragraphs [0051] and [0138]-[0139] teach using the metadata to determine associated weather at the time and location of the user activity event);
receive a weather forecast indicating a weather condition (Liu paragraph [0073] teaches a server receiving a weather forecast prior to a planned future user event that is indicative of the weather in proximity of the mobile user device); and
display, on a display device of the mobile device, personalized visual recommendation of the activity for the user to perform during the weather condition (Liu paragraphs [0032], [0077] and [0118] teach providing an automatic mobile alert or visual notification on the display of the mobile device recommending one or more actions (e.g., that a user walk to the office today) based on the weather information).
In regard to claim 18, Liu teaches the system wherein the personalized visual recommendation of the activity is based on a user input specifying favorability or unfavorability of the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation of the activity is based on a user input specifying favorability or unfavorability of the weather condition for what the user considers to be “too hot,” which is used as a threshold for comparing the current temperature against to determine whether to recommend the activity).
In regard to claim 19, Liu teaches the system wherein the personalized visual recommendation of the activity is based on a group context that considers a user preference related to the weather condition and at least one additional user preference related to the weather condition (Liu paragraphs [0073] and [0144] teach where the visual notification recommendation of the activity is based on a user preference related to temperature and an additional user preference related to a chance of precipitation).
In regard to claim 21, Liu teaches the mobile device wherein the media file includes at least one of a photo, a video, a calendar event a recorded activity, or a social media post (Liu paragraphs [0035] and [0050]-[0051] teach where the media file includes at least one of a photo, video, online calendar, or social media post).
In regard to claim 22, Liu teaches the mobile device wherein the context suitability manager is configured to determine at least one of a location or a time of day associated with the media file (Liu paragraph [0139] teaches where the context suitability manager can process the metadata of the media file to determine at least one of a location and time of the user event).
In regard to claim 23, Liu teaches the mobile device wherein the metadata includes information related to the associated weather, including at least one of a time or place (Liu paragraph [0139] teaches where the metadata includes weather associated at the time and place of the user event).
In regard to claim 24, Liu teaches the mobile device wherein the metadata includes information including at least one or a time or a place used to obtain the information related to the associated weather from a database (Liu paragraph [0139] teaches where the metadata includes information including at least a time or location for obtaining the associated weather at that determined location and time).
Response to Arguments
7. Applicant’s arguments, see Applicant’s Arguments/Remarks, filed June 19, 2026, with respect to the 35 U.S.C. 101 rejections have been fully considered and are persuasive. The previous 35 U.S.C. 101 rejections of claims 1-20 have been withdrawn.
8. Applicant’s arguments, see Applicant’s Arguments/Remarks, filed June 19, 2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive in view of the amendments to the claims. Therefore, the previous rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu et al. (US Pat. Pub. 2016/0234184) as a newly found prior art reference that addresses the new limitations of the claims. Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
9. 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 extension fee 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 date of this final action.
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PAUL D. LEE
Examiner
Art Unit 2857
/PAUL D LEE/Primary Examiner, Art Unit 2857 8/26/2026
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