DETAILED ACTION
This communication is in response to Application No. 18/397,964 originally filed 12/27/2023. The Request for Continued Examination and Amendment presented on 10/22/2025 which provides amendments to claims 1, 12, 20 and cancels claims 2-4 and 13-15 is hereby acknowledged.
Currently claims 1, 5-12, and 16-20 are pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/22/2025 has been entered.
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 filed 10/22/2025 have been fully considered but they are not persuasive.
The Office notes that Kobayashi teaches at [0119] “the terminal device 100 may output the landing pages C12 and C13, according to a change in the inclination of the terminal over time after a portion of the advertising content item C11 is displayed on the screen, that is, the terminal device 100 is inclined.” and [0163], “the terminal device 100 displays the advertising content item C11 which can change to content corresponding to the content of the operation of the user. For example, the terminal device 100 displays the landing page C12 or the landing page C13 according to the operation of the user. Therefore, the terminal device 100 can motivate the user to perform various operations. As a result, it is possible to make the user interested in advertising content.” thus teaches first and second interactive pictures which are based on the original content. In addition, paragraphs [0112] “…when the terminal device 100 is inclined to the upper side as viewed from the user, the terminal device 100 moves the region in which the web page C10 is displayed in the upper direction of the screen and displays first advertising content from the lower side of the screen. …when the terminal device 100 is inclined to the left side as viewed from the user, the terminal device 100 moves the region in which the web page C10 is displayed in the left direction of the screen and displays second advertising content from the right side of the screen.” and [0113], “When the terminal device 100 is inclined to the lower side as viewed from the user, the terminal device 100 moves the region in which the web page C10 is displayed in the lower direction of the screen and displays third advertising content from the upper side of the screen. When the terminal device 100 is inclined to the right side as viewed from the user, the terminal device 100 moves the region in which the web page C10 is displayed in the right direction of the screen and displays fourth advertising content from the left side of the screen. The terminal device 100 can perform this process to motivate the user to incline the terminal device 100 in various directions and to view each advertising content item. As a result, the terminal device 100 can make the user interested in an advertisement.”
Therefore, based on the paragraphs it would appear that Kobayashi clearly teaches tilting the device at different directions in order to change the content of the pictures between various items all related to the same content. Therefore, it is respectfully submitted the prior art teaches the claimed invention and will currently be maintained.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-9, and 11-12, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. U.S. Patent Application Publication No. 2016/0018987 A1 hereinafter Kobayashi in view of Kim et al. U.S. Patent Application Publication No. 2012/0200513 A1 hereinafter Kim.
Consider Claim 1 and Similar Claim Apparatus Claim 12 and CRM Claim 20:
Kobayashi discloses a control method for multimedia content display, comprising: (Kobayashi, [0115-0116], See Abstract.)
displaying a first multimedia content on a first page; (Kobayashi, [0026-0030], [0027] In the example illustrated in FIG. 1, a sign (hereinafter, referred to as suggestion display) indicating that an advertisement is arranged above the web page C10 on the screen is arranged in the web page C10. For example, in the web page C10, a suggestion display “Advertisement ↑” is arranged in a region which is displayed by the terminal device 100 in an initial state. The suggestion display illustrated in FIG. 1 is not indispensable in the web page C10. That is, the web page C10 may or may not include the suggestion display.”)
in response to a terminal device changing in a preset attitude, triggering a first interactive picture and a second interactive picture to switch in a preset transition effect on the first page; and (Kobayashi, [0048], [0047], “Then, when the inclination angle of the terminal device 100 exceeds the clearance threshold value, the terminal device 100 starts the advertisement display process as illustrated in the second state in FIG. 1. Specifically, the terminal device 100 moves the region in which the web page C10 is displayed and the region in which the advertising content item C11 is displayed by a distance corresponding to the inclination angle of the terminal device 100 in the lower direction of the screen to decrease the proportion of the region in the web page C10 is displayed and to increase the proportion of the region in the advertising content item C11 is displayed in the screen.”)
wherein the first interactive picture and the second interactive picture are different pictures associated with the first multimedia content; and (Kobayashi, [0119], “A process of outputting the landing page is not limited to the above-mentioned process. The terminal device 100 may output a landing page according to arbitrary conditions. For example, the terminal device 100 may output the landing pages C12 and C13, according to a change in the inclination of the terminal over time after a portion of the advertising content item C11 is displayed on the screen, that is, the terminal device 100 is inclined.”)
in response to the preset attitude change satisfying a preset condition, switching from the first page to a second page, wherein the second page displays a second multimedia content and no longer displays the first interactive picture or the second interactive picture on the second page, and the second multimedia content (Kobayashi, [0049], “When the inclination angle of the terminal device 100 exceeds the display threshold value, the terminal device 100 displays the advertising content item C11 on the entire screen and fixes the proportion of the region in which the web page C10 is displayed and the proportion of the region in which the advertising content item C11 is displayed. That is, the terminal device 100 does not display the web page C10 and displays only the advertising content item C11 even when the inclination angle of the terminal device 100 returns to that in the first state, as illustrated in the fourth state in FIG. 1.”)
wherein in response to the terminal device changing in the preset attitude, triggering the first interactive picture and the second interactive picture to switch in the preset transition effect on the first page comprises: in response to the terminal device tilting a preset angle in a leftward direction, displaying the first interactive picture; and in response to the terminal device tilting the preset angle in a rightward direction, displaying the second interactive picture. (Kobayashi, [0012], [0113], “When the terminal device 100 is inclined to the lower side as viewed from the user, the terminal device 100 moves the region in which the web page C10 is displayed in the lower direction of the screen and displays third advertising content from the upper side of the screen. When the terminal device 100 is inclined to the right side as viewed from the user, the terminal device 100 moves the region in which the web page C10 is displayed in the right direction of the screen and displays fourth advertising content from the left side of the screen. The terminal device 100 can perform this process to motivate the user to incline the terminal device 100 in various directions and to view each advertising content item. As a result, the terminal device 100 can make the user interested in an advertisement.”)
Kobayashi while teaching switching content AND acknowledging to monitor number of inclinations (see [0140]) does not appear to further explicitly disclose wherein the preset condition comprises a number of times of triggering a first interactive picture and a second interactive picture to switch with a preset transition effect being equal to a preset number of times, the preset number of times being a cumulative number of times of the terminal device changing in the preset attitude in the first page.
Kim however teaches that it was a known technique in the art wherein the preset condition comprises a number of times of triggering a first interactive picture and a second interactive picture to switch with a preset transition effect being equal to a preset number of times, the preset number of times being a cumulative number of times of the terminal device changing in the preset attitude in the first page. (Kim, [0070], “In particular, when a touch-down event occurs at a first touched point 1P1 as illustrated in a screen 501 to collect a sensor signal corresponding to shaking in a created state of a command corresponding to a first touch, the portable terminal 100 of the present invention may control the movement of a screen to a first menu page of a plurality of menu pages as illustrated in a screen 503. The movement of the screen to the first menu page may be performed regardless of the number of current menu pages. That is, if a touch-down event of a first touched point 1P1 and a shaking sensor signal are collected in a state in which menu pages 2-9 are output on the display panel 141, the controller 160 of the portable terminal 100 may control the display panel 141 to output the first menu page.”)
It therefore would have been obvious to those having ordinary skill before the effective filing date of the invention to utilize the known technique for the art recognized purpose of that the user may generate commands for controlling a desired certain user function in various schemes or in a simple scheme, and conveniently operate the portable terminal. (Kim, [0010])
Consider Claim 5 and similar Claim 16:
Kobayashi in view of Kim disclose the method of claim 1, wherein before switching from the first page to the second page in response to a terminal device changing in a preset attitude, the method further comprises: displaying the first interactive picture on the first page after the first multimedia content displaying a second preset duration. (Kobayashi, [0023-0027], [0024], “The web page C10 is, for example, a web page in which news, a weather forecast, the index or content of received mail, a photo viewer, and various other kinds of content are arranged and which is described by a hyper text markup language (HTML) or an extensible markup language (XML). The web page C10 includes, for example, an input field for inputting a search keyword and links to other web pages. In the following description, it is assumed that the web page C10 is a web page of a so-called portal site. In addition, it is assumed that the web page C10 is a web page which is optimized for smart devices and has a display size in the vertical direction that is larger than the display size of a display of the terminal device 100 in the vertical direction.”)
Consider Claim 6 and similar claim 17:
Kobayashi in view of Kim disclose the method of claim 5, wherein a prompt information is displayed below a first interactive picture displayed on the first page, and the prompt information is used for indicating triggering the terminal device to change in the preset attitude. (Kobayashi, [0027], “In the example illustrated in FIG. 1, a sign (hereinafter, referred to as suggestion display) indicating that an advertisement is arranged above the web page C10 on the screen is arranged in the web page C10. For example, in the web page C10, a suggestion display “Advertisement ↑” is arranged in a region which is displayed by the terminal device 100 in an initial state. The suggestion display illustrated in FIG. 1 is not indispensable in the web page C10. That is, the web page C10 may or may not include the suggestion display.”)
Consider Claim 7 and similar claim 18:
Kobayashi in view of Kim disclose the method of claim 1, wherein the method further comprises: in response to triggering the first interactive picture or the second interactive picture, switching from the first page to the second page. (Kobayashi, [0035], “Then, the terminal device 100 performs the following advertisement display process. First, the terminal device 100 detects the physical state of the terminal device 100. Then, the terminal device 100 changes the proportion of the display region in which the web page C10, which is the first content, is displayed to the screen and the proportion of the region in which the advertising content item C11, which is the second content, is displayed to the screen, depending on the detected state.”)
Consider Claim 8 and similar claim 19:
Kobayashi in view of Kim disclose the method of claim 1, wherein the method further comprises: in response to a terminal device changing in a preset attitude, triggering a target interaction element to move in a preset direction. (Kobayashi, [0037], “In addition, the terminal device 100 changes the proportion of the region in which the web page C10 is displayed, depending on the inclination angle of the terminal device 100. For example, the terminal device 100 specifies the detected angle of the terminal device 100 and moves the position of the region in which the web page C10 is displayed and the position of the region in which the advertising content item C11 by a distance corresponding to the specified angle in the lower direction of the screen. As a result, the terminal device 100 moves the region in which the web page C10 is displayed in the lower direction of the screen and displays the advertising content item C11 in a region from the upper side of the screen to the position of the upper end of the web page C10. That is, the terminal device 100 scrolls the web page C10 and the advertising content item C11 which is arranged in a region outside the screen in the lower direction of the screen such that the scroll operation is performed according to the inclination of the terminal device 100.”)
Consider Claim 9:
Kobayashi in view of Kim disclose the method of claim 1, wherein changing in a preset attitude comprises: tilting to a preset angle in at least one preset direction. (Kobayashi, [0039], “When the specified inclination angle of the terminal device 100 exceeds a predetermined threshold value, the terminal device 100 displays the entire advertising content item C11 on the screen. In this case, when the display size of the advertising content item C11 is equal to the display size of the screen of the terminal device 100, the terminal device 100 displays the advertising content item C11 on the entire screen.”)
Consider Claim 11:
Kobayashi in view of Kim disclose the method of claim 1, wherein before switching from the first page to the second page in response to the terminal device changing in a preset attitude, the method further comprises: determining the terminal device changing in a preset attitude by a gyroscope of the terminal device. (Kobayashi, [0023], [0036], [0123], [0088], “The physical sensor 140 is a sensor that detects the physical state of the terminal device 100. For example, the physical sensor 140 is a gyro sensor that measures the inclination of the terminal device 100 in three axial directions. The physical sensor 140 is not limited to a gyro sensor and may be any sensor, such as an acceleration sensor, a temperature sensor, a volume sensor, or a brightness sensor.”)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. U.S. Patent Application Publication No. 2016/0018987 A1 in view of Kim et al. U.S. Patent Application Publication No. 2012/0200513 A1as applied to claim 9 above, and further in view of Lee et al. U.S. Patent Application Publication No. 2013/0205131 A1.
Consider Claim 10:
Kobayashi in view of Kim disclose the discloses the method of claim 9, wherein tilting to a preset angle in at least one preset direction however does not specify further comprises: tilting to a preset angle in a leftward direction and a rightward direction respectively; the first page also displaying a leftward progress bar and a rightward progress bar; and wherein in response to a terminal device changing in a preset attitude, triggering a first interactive picture and a second interactive picture to switch in a preset transition effect, comprises: in response to the terminal device tilting a preset angle in a leftward direction while the first interactive picture tilting a preset angle in a leftward direction, and in response to the terminal device restoring a plane from tilting a preset angle in a left direction, triggering the first interactive picture to switch to a second interactive picture in a preset transition effect, the leftward progress bar filling a preset progress; and in response to a terminal device tilting a preset angle in a rightward direction while the second interactive picture tilting the preset angle in a rightward direction, and in response to the terminal device restoring a plane from tilting a preset angle in a right direction, triggering the second interactive picture to switch to a first interactive picture in a preset transition effect, the rightward progress bar filling a preset progress; and wherein the preset condition comprises: the leftward progress bar and the rightward progress bar being both filled.
Lee however teaches that it was a known technique by those having ordinary skill in the art before the effective filing date of the invention to provide progress indication of tilting to a preset angle in a leftward direction and a rightward direction respectively; (Lee, [0074] When the guide message showing pop-up window 510 is displayed on the screen as shown in diagram 505 while the user maintains the first interaction to the illuminance sensor 210, he/she can create a second interaction for altering/setting the display brightness option as shown in diagram 507 of FIG. 5B. For example, if the user moves the user device to the right or left or makes a gesture to rotate the user device at a certain angle with respect to the center, the user device can alter the details.”)
the first page also displaying a … progress bar; and wherein in response to a terminal device changing in a preset attitude, triggering a first interactive picture and a second interactive picture to switch in a preset transition effect, comprises: in response to the terminal device tilting a preset angle in a leftward direction while the first interactive picture tilting a preset angle in a leftward direction, and in response to the terminal device restoring a plane from tilting a preset angle in a left direction, triggering the first interactive picture to switch to a second interactive picture in a preset transition effect, the leftward [portion of the] progress bar filling a preset progress; and in response to a terminal device tilting a preset angle in a rightward direction while the second interactive picture tilting the preset angle in a rightward direction, and in response to the terminal device restoring a plane from tilting a preset angle in a right direction, triggering the second interactive picture to switch to a first interactive picture in a preset transition effect, the rightward [portion of the] progress bar filling a preset progress; and wherein the preset condition comprises: the leftward progress bar and the rightward progress bar being both filled. (Lee, [0075], “When the controller 400 detects the second interaction via the acceleration sensor while the first interaction is maintained via the illuminance sensor 210 and the guide message showing pop-up window 510 is displayed on the screen, it alters the display brightness with the level of display brightness corresponding to the second interaction and controls the output. For example, as illustrated in diagram 507 of FIG. 5B, if the user tilts the user device to the right with respect to the center axis (i.e., if the user device is tilted to the right with respect to the normal state where the user views the front side of the screen of the user device), the controller 400 decreases the display brightness to a less level than the previous level in proportion to the degree of tilt. In that case, the controller 400 alters the information item (e.g., a brightness control progress bar, etc.) on the guide message showing pop-up window 510 in the altered level of display brightness. For example, the controller 400 moves the progress bar to the left with respect to the view point toward the user device. On the contrary, referring to diagram 507 of FIG. 5B, if the user tilts the user device to the left with respect to the center axis (i.e., if the user device is tilted to the left with respect to the normal state where the user views the front side of the screen of the user device), the controller 400 increases the display brightness to a greater level than the previous level in proportion to the degree of tilt. In that case, the controller 400 alters the information item (e.g., a brightness control progress bar, etc.) on the guide message showing pop-up window 510 in the altered level of display brightness. For example, the controller 400 moves the progress bar to the right with respect to the view point toward the user device.”)
Kobayashi in view of Kim and Lee however do not specify the progress bar being a leftward progress bar and a rightward progress bar. It would have been obvious to one of ordinary skill in the art at the time the invention was made to separate the progress part into two parts for further left and right, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179 and In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). In this case, separating the progress bar provides no further additional advantage as the progress bars in the instant application and the progress bar of prior art are adjusted in proportion to the degree of tilt. Both are filled by tilting the device in the desired left or right direction.
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Conclusion
Prior art made of record and not relied upon which is still considered pertinent to applicant's disclosure is cited in a current or previous PTO-892. The prior art cited in a current or previous PTO-892 reads upon the applicants claims in part, in whole and/or gives a general reference to the knowledge and skill of persons having ordinary skill in the art before the effective filing date of the invention. Applicant, when responding to this Office action, should consider not only the cited references applied in the rejection but also any additional references made of record.
In the response to this office action, the Examiner respectfully requests support be shown for any new or amended claims. More precisely, indicate support for any newly added language or amendments by specifying page, line numbers, and/or figure(s). This will assist The Office in compact prosecution of this application. The Office has cited particular columns, paragraphs, and/or line numbers in the applied rejection of the claims above for the convenience of the applicant. Citations are representative of the teachings in the art and are applied to the specific limitations within each claim, however other passages and figures may apply. Applicant, in preparing a response, should fully consider the cited reference(s) in its entirety and not only the cited portions as other sections of the reference may expand on the teachings of the cited portion(s).
Applicant Representatives are reminded of CFR 1.4(d)(2)(ii) which states “A patent practitioner (§ 1.32(a)(1) ), signing pursuant to §§ 1.33(b)(1) or 1.33(b)(2), must supply his/her registration number either as part of the S-signature, or immediately below or adjacent to the S-signature. The number (#) character may be used only as part of the S-signature when appearing before a practitioner’s registration number; otherwise the number character may not be used in an S-signature.” When an unsigned or improperly signed amendment is received the amendment will be listed in the contents of the application file, but not entered. The examiner will notify applicant of the status of the application, advising him or her to furnish a duplicate amendment properly signed or to ratify the amendment already filed. In an application not under final rejection, applicant should be given a two month time period in which to ratify the previously filed amendment (37 CFR 1.135(c) ).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J JANSEN II whose telephone number is (571)272-5604. The examiner can normally be reached Normally Available Monday-Friday 9am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Temesghen Ghebretinsae can be reached on 571-272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael J Jansen II/ Primary Examiner, Art Unit 2626