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 .
Claim Objections
Claims 1 are objected to because of the following informalities:
Claim 1 recites “customization of physical product” and should apparently recite “customization of a physical product”.
Claim 1 recites “a graphical visual representation of a physical product” and should apparently recite “a graphical visual representation of the physical product”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “generating a customized product based on the manufacturing instructions”. However, a “physical product” of a “plurality of customized products” has been previously introduced. It is unclear whether the “a customized product” is referring to the “physical product” or is introducing a new product. This antecedent ambiguity renders the scope of the claim indefinite. Similarly for claim 11.
Claim 2 recites “apply a marking on a product”. However, “a physical product”, “a customized product”, and a “plurality of customized products” have been previously introduced. It is not clear whether the marking is to be applied to a new product, the customized product of the plurality of customized products, or the physical product. As a result, the scope of the claim is rendered indefinite. Similarly for claim 12.
Claim 4 recites “form a group of customized products”. However, a “plurality of customized products” has been previously introduced. It is not clear whether the group of customized products refers to the plurality of customized products, or is a new group. As a result, the scope of the claim is rendered indefinite. Similarly for claims 10, 14, and 20.
Dependent claims incorporate all of the limitations of their respective independent or intervening claim(s) and are rejected on the same basis.
Prior Art
Listed herein below are the prior art references relied upon in this Office Action:
Bowen (US Patent Application Publication 2019/0108292), referred to as Bowen herein.
Adams (US Patent Application Publication 2013/0159132), referred to as Adams herein [cited on Applicant’s IDS dated 1/12/2024].
Mills (US Patent Application Publication 2011/0099093), referred to as Mills herein [cited on Applicant’s IDS dated 1/12/2024].
Examiner’s Note
Strikethrough notation in the pending claims has been added by the Examiner.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4, 7-9, 11-14, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bowen.
Regarding claim 1, Bowen discloses a method for collaborative customization of physical product and for tracking collaboration attribution during the collaborative customization, the method comprising (Bowen, Abstract – physical article customization. ¶0027 - collaboration):
receiving, at a computer collaboration server, product description data for an interactive design; wherein the product description data for the interactive design comprises data for generating a graphical visual representation of a physical product that is capable of custom manufacture with a plurality of variable product attributes (Bowen, Abstract, Figs. 2D-G, J-P, ¶0084-¶0089 and ¶0092-¶0100 – user interface including visual representation of the product for customization. ¶0048 – CAD server. ¶0250 – customized product design is transferred to manufacturing systems);
parsing, by the collaboration server, the product description data to identify a plurality of global-key-values pairs journaled within the product description data and associated with a plurality of contributors; based on, at least in part, the plurality of global-key-values pairs, constructing an ownership-attribution tree (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications. The permission and modification journal are global in the respect that they include all collaborative users working on the design. The collaboration permissions are hierarchical in that project manager permissions are broader than the manager’s selected contributors. ¶0048 – CAD server);
based on, at least in part, the ownership-attribution tree, generating manufacturing instructions for customizing the physical product and according to the plurality of variable product attributes (Bowen, ¶0242, ¶0248 – user modifications that violate rules may result in prevention of manufacturing. Figs. 6B, 8-10 with ¶0060, ¶0250, ¶0253 – manufacturing instructions based on user modifications. Fig. 13B-14 with ¶0296-¶0303, ¶0310– users can include manufacturing rules for other users including for licensed content and restricted properties or colors);
wherein the physical product is from a plurality of customized products, being determined by differences in form and function from one another (Bowen, ¶0026 – shirts, hoodies, jackets, dresses, pants, phone cases, laptop skins, backpacks, jewelry, etc. Each of these examples differs in form and function from the other examples);
transmitting the manufacturing instructions to a product customization server to cause a manufacturing entity to proceed with generating a customized product based on the manufacturing instructions (Bowen, Figs. 6B, 8-10 with ¶0060, ¶0072, ¶0250, ¶0253 – manufacturing instructions based on user modifications. CAD server. Fig. 1A with ¶0060 – CAD server sends instructions to the manufacturing system for manufacturing).
Regarding claim 2, Bowen discloses the elements of claim 1 above, and further discloses wherein the plurality of global-key-values pairs, includes one or more of: an age restriction key-value that includes an age restriction key and an age value; a content lock key-value that includes a content lock key and a content lock key value; a blacklist key-value that includes a blacklist key and a blacklist; a whitelist key-value that includes a whitelist key and a whitelist; an ownership key-value that includes an ownership key and a user universally unique identifier (user ID); a copyright key-value that includes a copyright key and a user ID; a license key-value that includes a license key and a universally unique identifier for a specific license agreement held between an owner or a primary designer and a computer collaboration server; a customer support key-value that includes a support key and a support agent contract identifier; or an attribution key-value that includes an attribution key and a universally unique identifier that references a set of software instructions for manufacturing to apply a marking on a product as may be directed by copyright or licensing agreements (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative user identifiers (user ID) may have permissions (ownership/attribution key/value) or restrictions for designing particular elements (content lock key/value, whitelist, blacklist) or portions of the whole project. Fig. 13B-14 with ¶0296-¶0303, ¶0310– owners (primary designers) can include manufacturing rules for other users including for licensed content (license key/value) and restricted properties or colors. ¶0029, ¶0303 – copyrighted/trademarked material. ¶0346 – royalty license for use of IP within customized items).
Regarding claim 3, Bowen discloses the elements of claim 1 above, and further discloses wherein, upon detecting that no further modifications for the interactive design are provided, the plurality of global-key-values pairs journaled within the product description data is stored in a global-key-values database (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications. The permission and modification journal are global in the respect that they include all collaborative users working on the design. ¶0093, ¶0138-¶0141, ¶0178, ¶0237 – user can activate a save/done/publish control which indicates no further modifications to save, resulting in the system saving the customizations. See also ¶0106, ¶0137).
Regarding claim 4, Bowen discloses the elements of claim 1 above, and further discloses wherein the function from a group of customized products include one or more of: to memorialize, celebrate, or enable a plurality of events in time attended by one or more persons (Bowen, ¶0110 – sporting/concert event memorialization/celebration);
wherein the function from a group of customized products include memorializing, celebrating, or enabling one or more of: a new event, a new experience, a new product, a new interest, a new relationship, a new activity, a new relationship, a new ownership, or a new role (Bowen, ¶0110 – sporting/concert event/activity memorialization/celebration. Abstract – customized (new) product enablement).
Regarding claim 7, Bowen discloses the elements of claim 1 above, and further discloses wherein the plurality of global-key-values pairs journaled within the product description data is initiated when a customization session for customizing the interactive design is initiated (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications).
Regarding claim 8, Bowen discloses the elements of claim 4 above, and further discloses wherein the plurality of global-key-values pairs journaled within the product description data is updated each time when a contributor, granted a valid license, provides modifications to the interactive design (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications).
Regarding claim 9, Bowen discloses the elements of claim 4 above, and further discloses wherein the plurality of global-key-values pairs journaled within the product description data carries license agreement information and restriction information specific to the interactive design (Bowen, ¶0061-¶0063 – Collaborative user identifiers may have permissions or restrictions for designing particular elements or portions of the whole project. Fig. 13B-14 with ¶0296-¶0303, ¶0310– owners can include manufacturing rules for other users including for licensed content and restricted properties or colors. ¶0029, ¶0303 – copyrighted/trademarked material. ¶0346 – royalty license for use of IP within customized items).
Regarding claim 11, Bowen discloses one or more non-transitory computer readable storage media storing one or more instructions which, when executed by one or more processors, cause the one or more processors to perform (Bowen, Figs. 1A-B with ¶0067-¶0069, ¶0072-¶0073 – hardware memory storing instructions executed by a processor):
receiving, at a computer collaboration server, product description data for an interactive design; wherein the product description data for the interactive design comprises data for generating a graphical visual representation of a physical product that is capable of custom manufacture with a plurality of variable product attributes (Bowen, Abstract, Figs. 2D-G, J-P, ¶0084-¶0089 and ¶0092-¶0100 – user interface including visual representation of the product for customization. ¶0048 – CAD server. ¶0250 – customized product design is transferred to manufacturing systems);
parsing, by the collaboration server, the product description data to identify a plurality of global-key-values pairs journaled within the product description data and associated with a plurality of contributors; based on, at least in part, the plurality of global-key-values pairs, constructing an ownership-attribution tree (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications. The permission and modification journal are global in the respect that they include all collaborative users working on the design. The collaboration permissions are hierarchical in that project manager permissions are broader than the manager’s selected contributors. ¶0048 – CAD server);
based on, at least in part, the ownership-attribution tree, generating manufacturing instructions for customizing the physical product and according to the plurality of variable product attributes (Bowen, ¶0242, ¶0248 – user modifications that violate rules may result in prevention of manufacturing. Figs. 6B, 8-10 with ¶0060, ¶0250, ¶0253 – manufacturing instructions based on user modifications. Fig. 13B-14 with ¶0296-¶0303, ¶0310– users can include manufacturing rules for other users including for licensed content and restricted properties or colors);
wherein the physical product is from a plurality of customized products, being determined by differences in form and function from one another (Bowen, ¶0026 – shirts, hoodies, jackets, dresses, pants, phone cases, laptop skins, backpacks, jewelry, etc. Each of these examples differs in form and function from the other examples);
transmitting the manufacturing instructions to a product customization server to cause a manufacturing entity to proceed with generating a customized product based on the manufacturing instructions (Bowen, Figs. 6B, 8-10 with ¶0060, ¶0072, ¶0250, ¶0253 – manufacturing instructions based on user modifications. CAD server. Fig. 1A with ¶0060 – CAD server sends instructions to the manufacturing system for manufacturing).
Regarding claim 12, Bowen discloses the elements of claim 11 above, and further discloses wherein the plurality of global-key-values pairs, includes one or more of: an age restriction key-value that includes an age restriction key and an age value; a content lock key-value that includes a content lock key and a content lock key value; a blacklist key-value that includes a blacklist key and a blacklist; a whitelist key-value that includes a whitelist key and a whitelist; an ownership key-value that includes an ownership key and a user universally unique identifier (user ID); a copyright key-value that includes a copyright key and a user ID; a license key-value that includes a license key and a universally unique identifier for a specific license agreement held between an owner or a primary designer and a computer collaboration server; a customer support key-value that includes a support key and a support agent contract identifier; or an attribution key-value that includes an attribution key and a universally unique identifier that references a set of software instructions for manufacturing to apply a marking on a product as may be directed by copyright or licensing agreements (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative user identifiers (user ID) may have permissions (ownership/attribution key/value) or restrictions for designing particular elements (content lock key/value, whitelist, blacklist) or portions of the whole project. Fig. 13B-14 with ¶0296-¶0303, ¶0310– owners (primary designers) can include manufacturing rules for other users including for licensed content (license key/value) and restricted properties or colors. ¶0029, ¶0303 – copyrighted/trademarked material. ¶0346 – royalty license for use of IP within customized items).
Regarding claim 13, Bowen discloses the elements of claim 11 above, and further discloses wherein upon detecting that no further modifications for the interactive design are provided, the plurality of global-key-values pairs journaled within the product description data is stored in a global-key- values database (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications. The permission and modification journal are global in the respect that they include all collaborative users working on the design. ¶0093, ¶0138-¶0141, ¶0178, ¶0237 – user can activate a save/done/publish control which indicates no further modifications to save, resulting in the system saving the customizations. See also ¶0106, ¶0137).
Regarding claim 14, Bowen discloses the elements of claim 13 above, and further discloses wherein the function from a group of customized products include one or more of: to memorialize, celebrate, or enable a plurality of events in time attended by one or more persons (Bowen, ¶0110 – sporting/concert event memorialization/celebration);
wherein the function from a group of customized products include memorializing, celebrating, or enabling one or more of: a new event, a new experience, a new product, a new interest, a new relationship, a new activity, a new relationship, a new ownership, or a new role (Bowen, ¶0110 – sporting/concert event/activity memorialization/celebration. Abstract – customized (new) product enablement).
Regarding claim 17, Bowen discloses the elements of claim 11 above, and further discloses wherein the plurality of global-key-values pairs journaled within the product description data is initiated when a customization session for customizing the interactive design is initiated (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications).
Regarding claim 18, Bowen discloses the elements of claim 14 above, and further discloses wherein the plurality of global-key-values pairs journaled within the product description data is updated each time when a contributor, granted a valid license, provides modifications to the interactive design (Bowen, ¶0061-¶0063 – collaboration information includes which user added or modified a given design element, when the addition or modification was made, and what the modification was. Collaborative users may have permissions or restrictions for designing particular elements or portions of the whole project. The key-value in this case can be a user identifier-permissions or journal of user identifiers and corresponding modifications).
Regarding claim 19, Bowen discloses the elements of claim 11 above, and further discloses wherein the plurality of global-key-values pairs journaled within the product description data carries license agreement information and restriction information specific to the interactive design (Bowen, ¶0061-¶0063 – Collaborative user identifiers may have permissions or restrictions for designing particular elements or portions of the whole project. Fig. 13B-14 with ¶0296-¶0303, ¶0310– owners can include manufacturing rules for other users including for licensed content and restricted properties or colors. ¶0029, ¶0303 – copyrighted/trademarked material. ¶0346 – royalty license for use of IP within customized items).
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) 5-6, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Adams.
Regarding claim 5, Bowen discloses the elements of claim 4 above. However, Bowen appears not to expressly disclose wherein the plurality of events in time is sequentially ordered and events of the plurality of events are linked with each other; wherein the plurality of events in time is used to automatically generate a new user interface for at least one next event, from the plurality of events in time, based on a previous event from the plurality of events in time.
However, in the same field of endeavor Adams discloses a gift suggestion interface, including suggesting a customized gift (Adams, Abstract with ¶0002 and ¶0063), including
wherein the plurality of events in time is sequentially ordered and events of the plurality of events are linked with each other; wherein the plurality of events in time is used to automatically generate a new user interface for at least one next event, from the plurality of events in time, based on a previous event from the plurality of events in time (Adams, ¶0022, ¶0054, ¶0060 – events are ordered by calendar date. ¶0052 – event data is linked in a machine learning model to detect future events. Fig. 5 with ¶0055 - with user interface is automatically generated in accordance with identification of the event).
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 the customized event products of Bowen to include identification of the event and suggestion of a customized gift based on the teachings of Adams. The motivation for doing so would have been to enable the user to more effectively and timely connect with users during significant life events (Adams, ¶0002, ¶0008).
Regarding claim 6, Bowen as modified discloses the elements of claim 5 above, and further discloses for a particular event in time, of the plurality of events in time, causing to automatically generate an attendee user interface and displaying the attendee user interface to an attendee of the particular event; wherein the attendee user interface is used to provide additional shared content for the particular event in time by the attendee (Adams, ¶0032 - user attendance of the event is logged. Abstract with Fig. 4 with ¶0062 – whether the user selects to purchases or send the gift is logged. Fig. 5 with ¶0055 – user interface provides additional gift suggestions).
Regarding claim 15, Bowen discloses the elements of claim 14 above. However, Bowen appears not to expressly disclose wherein the plurality of events in time is sequentially ordered and events of the plurality of events are linked with each other; wherein the plurality of events in time is used to automatically generate a new user interface for at least one next event, from the plurality of events in time, based on a previous event from the plurality of events in time.
However, Bowen appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor Adams discloses a gift suggestion interface, including suggesting a customized gift (Adams, Abstract with ¶0002 and ¶0063), including
wherein the plurality of events in time is sequentially ordered and events of the plurality of events are linked with each other; wherein the plurality of events in time is used to automatically generate a new user interface for at least one next event, from the plurality of events in time, based on a previous event from the plurality of events in time (Adams, ¶0022, ¶0054, ¶0060 – events are ordered by calendar date. ¶0052 – event data is linked in a machine learning model to detect future events. Fig. 5 with ¶0055 - with user interface is automatically generated in accordance with identification of the event).
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 the customized event products of Bowen to include identification of the event and suggestion of a customized gift based on the teachings of Adams. The motivation for doing so would have been to enable the user to more effectively and timely connect with users during significant life events (Adams, ¶0002, ¶0008).
Regarding claim 16, Bowen discloses the elements of claim 11 above. However, Bowen appears not to expressly disclose storing additional instructions for: for a particular event in time, of a plurality of events in time, causing to automatically generate an attendee user interface and displaying the attendee user interface to an attendee of the particular event; wherein the attendee user interface is used to provide additional shared content for the particular event in time by the attendee.
However, in the same field of endeavor Adams discloses a gift suggestion interface, including suggesting a customized gift (Adams, Abstract with ¶0002 and ¶0063), including
storing additional instructions for: for a particular event in time, of a plurality of events in time, causing to automatically generate an attendee user interface and displaying the attendee user interface to an attendee of the particular event; wherein the attendee user interface is used to provide additional shared content for the particular event in time by the attendee (Adams, ¶0032 - user attendance of the event is logged. Abstract with Fig. 4 with ¶0062 – whether the user selects to purchases or send the gift is logged. Fig. 5 with ¶0055 – user interface provides additional gift suggestions).
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 the customized event products of Bowen to include identification of the event and suggestion of a customized gift based on the teachings of Adams. The motivation for doing so would have been to enable the user to more effectively and timely connect with users during significant life events (Adams, ¶0002, ¶0008).
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Mills.
Regarding claim 10, Bowen discloses the elements of claim 1 above. However, Bowen appears not to expressly disclose wherein the customized product from a group of customized products is segmented based on a type of a customized product in the group of customized products.
However, in the same field of endeavor, Mills discloses a GUI for customized product design (Mills, Abstract), including
wherein the customized product from a group of customized products is segmented based on a type of a customized product in the group of customized products (Mills, Fig. 10 with ¶0056-¶0060 - related products are identified as matching the selections by the user. Values for given product such as color, graphics, and images are used to find related layout IDs and generate the montage. The related products are selected based on their different form, function, usage context, and task. For example, for a user ordering business cards, a business card magnet, sticky notes, note pads, and stationary is selected. The segmented group of products contains the customization applied to product being ordered),
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 the customized products of Bowen to include a shared content segmented group based on the teachings of Mills. The motivation for doing so would have been to conveniently present to the customer a variety of matching designs that help the customer present a coordinated and consistent image to the public across a variety of products (Mills, ¶0028, ¶0057).
Regarding claim 20, Bowen discloses the elements of claim 11 above. However, Bowen appears not to expressly disclose wherein the customized product from a group of customized products is segmented based on a type of a customized product in the group of customized products.
However, in the same field of endeavor, Mills discloses a GUI for customized product design (Mills, Abstract), including
wherein the customized product from a group of customized products is segmented based on a type of a customized product in the group of customized products (Mills, Fig. 10 with ¶0056-¶0060 - related products are identified as matching the selections by the user. Values for given product such as color, graphics, and images are used to find related layout IDs and generate the montage. The related products are selected based on their different form, function, usage context, and task. For example, for a user ordering business cards, a business card magnet, sticky notes, note pads, and stationary is selected. The segmented group of products contains the customization applied to product being ordered),
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 the customized products of Bowen to include a shared content segmented group based on the teachings of Mills. The motivation for doing so would have been to conveniently present to the customer a variety of matching designs that help the customer present a coordinated and consistent image to the public across a variety of products (Mills, ¶0028, ¶0057).
Conclusion
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/DANIEL W PARCHER/Primary Examiner, Art Unit 2174