Prosecution Insights
Last updated: October 04, 2026
Application No. 18/440,538

AUTOMATED MEANS FOR OBTAINING AND PROCESSING INTERACTIVE CONTENT ASSOCIATED WITH VISUAL CONTENT

Final Rejection §103
Filed
Feb 13, 2024
Examiner
DUBASKY, GIGI L
Art Unit
2421
Tech Center
2400 — Computer Networks
Assignee
Macro Hardworks LLC
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
461 granted / 621 resolved
+16.2% vs TC avg
Strong +36% interview lift
Without
With
+35.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
17 currently pending
Career history
647
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
53.3%
+13.3% vs TC avg
§102
17.3%
-22.7% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 621 resolved cases

Office Action

§103
eaDETAILED 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 . 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. Response to Arguments Claims 1-20 are pending. Applicant’s arguments in the Remarks filed on 08/27/2026 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. 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. Claims 1-6, 8-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zabelin (US 2018/0131976) in view of Zadina et al (US 2022/0206645). Regarding claim 1, Zabelin discloses a computer-implemented method, the method comprising: displaying, on a graphical user interface (GUI), an embedded scannable content and a media content, the embedded scannable content being configured for visual display during playback of the media content (Figures 1 and 11; ¶ [0009]-[0010], ¶ [0012], ¶ [0039], ¶ [0051], ¶ [0054] and ¶ [0056] for displaying on a TV screen a video content and an embedded scannable visible information content converted into a QR code); wherein the embedded scannable content includes information for retrieving an interactive content, the interactive content being configured to contain one or more data blocks (¶ [0011]-[0012], ¶ [0037], ¶ [0044] and ¶ [0051] for the embedded scannable QR code includes links for retrieving one or more data of interactive content); receiving an interaction in response to the embedded scannable content being displayed (step 1302 in Figure 13; and ¶ [0054]-[0055] for receiving a user scanning the displayed QR code); processing the interaction by an embedded content application, the interaction triggering the embedded content application to capture the code and to trigger retrieval and processing of the embedded scannable content; retrieving, from the embedded scannable content, the interactive content; and processing the one or more data blocks associated with the interactive content (steps 1303-1305 in Figure 13; ¶ [0044], ¶ [0051] and ¶ [0055] for retrieving and processing information content for display and interaction in response to user scanning the displayed QR code). Zabelin discloses the interaction comprises capturing the QR code displayed on one or more content frames of the media content having the embedded scannable content (¶ [0054]-[0055]), but is silent about taking a screenshot of content frame, and subsequently deleting the temporarily stored screenshot after processing and retrieving the interactive content. Zadina discloses the interaction comprises taking a screenshot of content frame and subsequently deleting the temporarily stored screenshot after processing and retrieving the interactive content. (¶ [0003]-[0004], ¶ [0010] and ¶ [0028]-[0033]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zabelin system with the teaching of Zadina, so to provide an alternative way of capturing scannable content and deleting captured content after processing interactive content in order to reduce spaces in storage. Regarding claim 2, Zabelin in view of Zadina discloses the method as discussed in the rejection of claim 1. The combined system further discloses wherein displaying the media content comprises of displaying one or more content frames of the media content, and wherein the retrieved embedded scannable content is embedded in and retrieved from at least one or more content frames of the media content (taught by Zabelin; Figures 1 and 12; and ¶ [0037]-[0040]). Regarding claim 3, Zabelin in view of Zadina discloses the method as discussed in the rejection of claim 2. The combined system further discloses wherein retrieving, from the embedded scannable content, further comprises of capturing and temporarily storing the one or more content frames having the embedded scannable content (taught by Zabelin; ¶ [0053]). Regarding claim 4, Zabelin in view of Zadina discloses the method as discussed in the rejection of claim 2. The combined system further discloses storing the displayed embedded scannable content on a computing device, and retrieving and processing the one or more data blocks of the interactive content using an embedded content application for decoding the embedded scannable content (taught by Zabelin; ¶ [0037]-[0039], ¶ [0042]-[0044] and ¶ [0055]). Regarding claim 5, Zabelin in view of Zadina discloses the method as discussed in the rejection of claim 1. The combined system further discloses wherein retrieving, from the embedded scannable content, further comprises of processing at least one of: the displayed media content, and the interactive content of the embedded scannable content to determine which of the one or more pieces data blocks to retrieve and process (taught by Zabelin; ¶ [0037]-[0039], ¶ [0044], ¶ [0051] and ¶ [0055]). Regarding claim 6, Zabelin in view of Zadina discloses the method as discussed in the rejection of claim 1. The combined system further discloses wherein processing the interaction comprises of detecting a motion by one or more sensors or one or more input devices of a computing device, and wherein the detected motion, triggering retrieval and processing of the embedded scannable content, includes at least one of: eye movements, hand movements, body movements, gestures, touch interaction, keypress, swipes, or mouse click (taught by Zabelin; ¶ [0042] and ¶ [0060]). Regarding claim 8, Zabelin in view of Zadina discloses the method as discussed in the rejection of claim 1. The combined system further discloses wherein processing the one or more data blocks associated with the interactive content further comprises of displaying text, images, or video contained within one or more data blocks, or executing at least one of: an application, program, browser, code, function, or algorithm contained within one or more data blocks (taught by Zabelin; ¶ [0037]-[0039], ¶ [0042]-[0044], ¶ [0051] and ¶ [0055]). Regarding claims 9-14 and 16, all limitations of claims 9-14 and 16 are analyzed and rejected corresponding to claims 1-6 and 8 respectively. Regarding claim 17, all functionalities of a computing system in claim 17 are analyzed and rejected corresponding to claim 1. Zabelin in view of Zadina discloses computing system, comprising: at least one processor connected to at least one memory; a non-transitory computer readable medium including instructions stored thereon (taught by Zabelin; Figure 11; ¶ [0013] and ¶ [0063]-[0065]; Zadina’s Figure 9). Regarding claims 18-20, all limitations of claims 18-20 are analyzed and rejected corresponding to claims 2-4 respectively. Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zabelin (US 2018/0131976) in view of Zadina et al (US 2022/0206645) as applied to claim 1 above, and further in view of Brown et al (US 2013/0051755). Regarding claim 7, Zabelin in view of Zadina discloses the method as discussed in the rejection of claim 1. The combined system further discloses processing the interaction comprises of detecting a scanning or clicking communication containing one or more instructions that triggers retrieval and processing of the embedded scannable content (taught by Zabelin; ¶ [0042]-[0043] and ¶ [0060]), but is silent about audible communication. Brown discloses processing user interaction comprises of detecting an audible communication containing one or more instructions that triggers retrieval and processing of the embedded scannable content (¶ [0024], ¶ [0028]-[0032] and ¶ [0042]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zabelin in view of Zadina system with the teaching of Brown, so to provide an alternative way of user interaction in the benefits of improving user conveniences. Regarding claim 15, all limitations of claim 15 are analyzed and rejected corresponding to claim 7. Conclusion 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIGI L DUBASKY whose telephone number is (571)270-5686. The examiner can normally be reached M-F 9:00-5:00. 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 571-272-1915. 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. /GIGI L DUBASKY/Primary Examiner, Art Unit 2421
Read full office action

Prosecution Timeline

Feb 13, 2024
Application Filed
Jul 08, 2024
Response after Non-Final Action
May 27, 2026
Non-Final Rejection mailed — §103
Aug 27, 2026
Response Filed
Sep 24, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+35.7%)
2y 9m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 621 resolved cases by this examiner. Grant probability derived from career allowance rate.

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