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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 and 13-20 have been considered but are moot in view of the new ground(s) of rejection.
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.
Claim(s) 1-5, 10, 11, 13, 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newell et al. (hereinafter ‘Newell’, Pub. No. 2022/0353377) in view of Liss (Pub. No. 2020/0193465).
Regarding claims 1, 3, 10 and 19, Newell teaches a system (with corresponding method and non-transitory computer-readable medium) (Figs. 1 and 2) for increasing user-engagement with underlying content being viewed by a user on a display device, the system comprising:
a memory arranged to store computer instructions, the computer instructions executable by one or more processors (126 and 128, Fig. 1; 204 and 206, Fig. 2) that cause the system to:
present content to the user on the display device ([0054]; [0055]);
enable the user to capture, using a remote control device ([0050]; [0054]);
store the captured virtual engagement content in a virtual library ([0055]; [0056]);
enable the user to view the captured virtual engagement content the user stored in the virtual library on the server (300, Fig. 3; [0070]-[0078]); and
enable the user to redeem the captured virtual engagement content ([0043]; [0044]; [0079]).
On the other hand, Newell does not explicitly teach
randomly present virtual engagement content that is incorporated into the underlying content for a random amount of time to the user on the display device;
remove the virtual engagement content from being incorporated into the underlying content after the random amount of time;
the virtual engagement content that is incorporated into the underlying content during the period of time
For claims 3 and 10:
wherein faster capture of the virtual engagement content appears on the display device results in a larger award, compensation, or enticement.
However, in an analogous art, Liss teaches a system that presents an icon superimposed over video content (Abstract; [0022]; [0031]). The icon can be randomly presented on the screen for an predetermined or a random amount of time before it is removed (Abstract; [0040]-[0043]). The user should capture the icon before it disappears in order to obtain rewards. When an icon is captured, it is stored at user’s wallet along with the time he/she captured ([0033]; [0034]). When the user captured the icon quickly, the system augments the award ([0035]; [0055]-[0060]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Newell’s invention with Liss’ feature of randomly presenting an icon over content at a random time duration and location for the benefit of testing users’ attention and for the system to create a way to reduce winners.
Regarding claims 2 and 11, Newell and Liss teach wherein the virtual engagement content is captured by using a fixed button press on the remote control device (Newell: [0050]).
Regarding claims 4 and 13, Newell and Liss teach wherein the virtual engagement content is presented at random locations on the display device (Liss: [0037]; [0041]).
Regarding claims 5 and 14, Newell and Liss teach wherein the underlying content is one or more of television and movie programming content (Newell: [0009]).
Claim(s) 6, 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newell et al. (hereinafter ‘Newell’, Pub. No. 2022/0353377) in view of Liss (Pub. No. 2020/0193465) in further view of Atwood et al. (hereinafter ‘Atwood’, Pub. No. 2023/0267183).
Regarding claims 6, 15 and 20, Newell and Liss teach all the limitations of the claims they depend on. On the other hand, they do not explicitly teach wherein the system creates a non-fungible token associated with the virtual engagement content that enables the virtual engagement content to be one or more of traded, sold, and purchased.
However, in an analogous art, Atwood discloses wherein the 3D printed tangible physical item is printed with a bar code that when scanned shows that current ownership of the non-fungible token associated with the 3D printed tangible physical item, (Atwood, [0016], [0038], [0059], describes wherein the 3D printed object is printed with a barcode; [0067] describes scanning; [0017], [0024]-[0025], [0033] describes that the current object of the NFT associated with the 3D printed object). With the ownership, selling/buying of the item can be possible ([0025]; [0028]-[0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Newell and Liss’ invention with Atwood’s feature of including wherein the 3D printed tangible physical item is printed with a bar code that when scanned shows that current ownership of the non-fungible token associated with the 3D printed tangible physical item for the benefit of causing a processor to implement a method of generating a secure printed copy of content associated with an NFT, (Atwood, [0005]).
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newell et al. (hereinafter ‘Newell’, Pub. No. 2022/0353377) in view of Liss (Pub. No. 2020/0193465) in further view of Glasgow et al. (hereinafter ‘Glasgow’, Pub. No. 2020/0167845).
Regarding claims 7 and 16, Newell and Liss teach wherein the memory further includes additional computer instructions, that when executed by the one or more processors, cause the system to:
receive a request from the user to 3D print the virtual engagement content (Newell: [0021]; [0050]);
communicate with a server that stores the virtual engagement content that was captured by the user during display of the underlying content (Newell: [0083]; [0120]; [0122]; [0123]);
prepare a 3D printer file of the virtual engagement content requested by the user (Newell: [0023]-[0029]);
send the 3D printer file of the virtual engagement content to a 3D printer to be printed (Newell: [0043]).
On the other hand, they do not explicitly teach
prevent duplication of the 3D printer file of the virtual engagement content requested by the user; and validate authenticity of transformation of the virtual engagement content into a 3D printed tangible physical item.
However, in an analogous art, Glasgow teaches wherein preventing duplication of the 3D printer file of the virtual object further comprises employing digital rights management of the 3D printer file of the limited edition virtual object (Glasgow, [0025]). The at least one module can in some examples instruct a digital rights management device to be embedded in or associated with an authorized printed 3D object. This can prevent further replication of the 3D object. The system authenticates/authorizes that the content printing is authorized by the owner of the content (Authentication, [0035]-[0040]) In some examples, the at least one module generates for display 3D printing options to the user, the 3D printing options including one or more of: a digital model download option; a print option; a shipping option; a same day delivery option; and a print at kiosk or mobile facility option; [0020] describes a limitation for the 3D object [limited edition virtual object.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Newell and Liss’ invention with Glasgow’s feature of preventing duplication of the 3D printer file of the limited edition virtual object by employing digital rights management of the 3D printer file of the virtual object for the benefit of providing digital rights management and printing service fulfillment in online environments (Glasgow [0002]).
Claim(s) 8, 9, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newell et al. (hereinafter ‘Newell’, Pub. No. 2022/0353377) in view of Liss (Pub. No. 2020/0193465) in view of Glasgow et al. (hereinafter ‘Glasgow’, Pub. No. 2020/0167845) in further view of in further view of Atwood et al. (hereinafter ‘Atwood’, Pub. No. 2023/0267183).
Regarding claims 8 and 17, Newell, Liss and Glasgow teach all the limitations of the claims they depend on. On the other hand, they do not explicitly teach wherein the system creates a non-fungible token associated with the virtual engagement content that enables the virtual engagement content to be one or more of traded, sold, and purchased.
However, in an analogous art, Atwood discloses wherein the 3D printed tangible physical item is printed with a bar code that when scanned shows that current ownership of the non-fungible token associated with the 3D printed tangible physical item, (Atwood, [0016], [0038], [0059], describes wherein the 3D printed object is printed with a barcode; [0067] describes scanning; [0017], [0024]-[0025], [0033] describes that the current object of the NFT associated with the 3D printed object). With the ownership, selling/buying of the item can be possible ([0025]; [0028]-[0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Newell, Liss and Glasgow’s invention with Atwood’s feature of including wherein the 3D printed tangible physical item is printed with a bar code that when scanned shows that current ownership of the non-fungible token associated with the 3D printed tangible physical item for the benefit of causing a processor to implement a method of generating a secure printed copy of content associated with an NFT, (Atwood, [0005]).
Regarding claims 9 and 18, Newell, Liss, Glasgow and Atwood teach wherein the 3D printed tangible physical item is printed with a bar code that when scanned shows the current ownership of the non-fungible token associated with the 3D printed tangible physical item (Atwood: [0016], [0038], [0059], describes wherein the 3D printed object is printed with a barcode; [0067] describes scanning; [0017], [0024]-[0025], [0033] describes that the current object of the NFT associated with the 3D printed object).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR S PARRA whose telephone number is (571)270-1449. The examiner can normally be reached M-F: Mostly 10-6PM.
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, Nathan Flynn can be reached at 571-2721915. 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.
/OMAR S PARRA/Primary Examiner, Art Unit 2421
Prosecution Insights