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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 2026 has been entered.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1, 17, and 19 have been amended.
Claim 16 has been cancelled.
Claims 2 and 20 have been previously cancelled.
Claims 1, 3-15, and 17-19 are currently pending and have been examined.
Response to Applicant's Remarks
35 U.S.C. § 101
Applicant’s remarks, see Page(s) 7, filed 10 March 2026, with respect to the 35 U.S.C. § 101 rejections, have been fully considered, but are not persuasive.
Applicant submits that the claims of the current application incorporate the statutory exception into a practical application because the claims provide novel methods for processing and accessing video collections online and offer a solution for expanding the distribution channels of video collections by receiving user configurations for videos to be published, thereby enhancing viewers' access rates to such collections.
Examiner respectfully disagrees, as the claim limitations are not indicative of integration into a practical application, such as an improvement to the functioning of a computer or other technical field, as considered below in view of MPEP 2106. In particular, an improvement in the judicial exception itself is not an improvement in technology. Applicant’s improvement in this case is not an improvement to the functioning of a computer, or to any other technology or technological field.
The following are examples of eligible subject matter based on technological improvements: see, e.g., McRO, 837 F.3d at 1315 ("The claimed process uses a combined order of specific rules that renders information into a specific format that is then used and applied to create desired results: a sequence of synchronized, animated characters."); Finjan, Inc. v. Blue Coat Sys., Inc., 879 F.3d 1299, 1304 (Fed. Cir. 2018) (finding patent eligible a claim drawn to a behavior-based virus scan that protects against viruses that have been "cosmetically modified to avoid detection by code-matching virus scans"); Enfish, 822 F.3d at 1330, 1333 (discussing patent eligible claims directed to "an innovative logical model for a computer database" that included a self-referential table allowing for greater flexibility in configuring databases, faster searching, and more effective storage); CardioNet, LLC v. InfoBionic, Inc., 955 F.3d 1358, 1368 (Fed. Cir. 2020) (explaining that the claims at issue focus on a specific means for improving cardiac monitoring technology; they are not "directed to a result or effect that itself is the abstract idea and merely invoke generic processes and machinery" (quoting McRO, 837 F.3d at 1314)).
To show that the involvement of a computer assists in improving the technology, the claims must recite the details regarding how a computer aids the method, the extent to which the computer aids the method, or the significance of a computer to the performance of the method. Merely adding generic computer components to perform the method is not sufficient. Thus, the claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology (see MPEP 2106.05(a)).
Instead, the claims recite the following additional elements: ‘a processor’, ‘memory’, ‘a publishing interface’, ‘a non-transitory computer readable storage medium’. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions) such that they amount to no more than mere instructions to apply the exception using generic computer components. In their broadest reasonable interpretation, the additional element(s) comprise(s) only a processor, instructions in memory, a user interface display, a receiver, and a transmitter, being used to implement the functions of the abstract idea.
Accordingly, the claims do not amount to more than a recitation of the words "apply it" (or an equivalent) or more than mere instructions to implement an abstract idea or other exception in a generic computing environment (see MPEP 2106.05(f) Mere Instructions to Apply an Exception). Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim(s) is/are directed to the judicial exception.
35 U.S.C. § 103
Applicant’s remarks, see Page(s) 8-9, filed 10 March 2026, with respect to the 35 U.S.C. § 103 rejections, have been fully considered, but are moot in view of the new grounds of rejection provided below, as necessitated by the claim amendments.
Claim Objections
Claims 1, 17, and 19 are objected to for the following typographical errors. The claims state, “…wherein the link directs to the media content collection to be unlocked of the user…” In alignment with ¶50-57 of the originally filed specification, the claims should state, “…wherein the link directs to the media content collection to be unlocked for the user…” 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, 3-15, and 17-19 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.
Claims 1, 17, and 19 recite(s) the limitation, "…acquiring the media content collection selected by the user…". There is insufficient antecedent basis for this limitation in the claim(s). Claims that are dependent upon the claim(s) listed above are therefore rejected. Appropriate correction and/or explanation is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1, 3-15, and 17-19 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 1, 17, and 19 recite(s) a system and series of steps for publishing media content to a social network feed, which under broadest reasonable interpretation, is analogous to managing personal interactions between people. These concepts are grouped as certain methods of organizing human activity.
The limitation(s) of, ‘acquiring a first media content…’; ‘generating a link…’; ‘acquiring the media content collection…’; ‘displaying the link…’; ‘publishing the first media content with the link to a feed’, as drafted, recite a process that, under broadest reasonable interpretation, is/are certain methods of organizing human activity. Accordingly, the claim(s) recite(s) an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the claim(s) recite(s) the additional element(s) of ‘a processor’, ‘memory’, ‘a publishing interface’, ‘a non-transitory computer readable storage medium’. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions) such that they amount to no more than mere instructions to apply the exception using generic computer components. In their broadest reasonable interpretation, the additional element(s) comprise(s) only a processor, instructions in memory, a user interface display, a receiver, and a transmitter, being used to implement the functions of the abstract idea. Accordingly, the claims do not amount to more than a recitation of the words "apply it" (or an equivalent) or more than mere instructions to implement an abstract idea or other exception in a generic computing environment (see MPEP 2106.05(f) Mere Instructions to Apply an Exception). Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim(s) is/are directed to the judicial exception.
Claim(s) 3-15 and 18 further recite(s) the system and series of steps for publishing media content to a social network feed, which under broadest reasonable interpretation, is analogous to managing personal interactions between people. These concepts are grouped as certain methods of organizing human activity. Accordingly, the claim(s) recite(s) an abstract idea.
The judicial exception is not integrated into a practical application. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions) such that they amount to no more than mere instructions to apply the exception using generic computer components. In their broadest reasonable interpretation, the additional element(s) comprise(s) only a processor, instructions in memory, a user interface display, a receiver, and a transmitter, being used to implement the functions of the abstract idea. Accordingly, the claims do not amount to more than a recitation of the words "apply it" (or an equivalent) or more than mere instructions to implement an abstract idea or other exception in a generic computing environment (see MPEP 2106.05(f) Mere Instructions to Apply an Exception). Thus, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim(s) is/are directed to the judicial exception.
As analyzed above, the limitations as an ordered combination, are merely applying the abstract idea in a generic computing environment. In addition, the claims do not improve functionality of a computer or improve any other technology. Thus, claims 1, 3-15, and 17-19 are ineligible as the claims do not recite additional elements which result in significantly more than the abstract idea itself.
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, 3-15, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (U.S. Patent App. Pub. No. 20210359969), in view of Dermu (U.S. Patent No. 11562014), in further view of Lampe (U.S. Patent App. Pub. No. 20150141140).
In regards to claim 1, Wang teaches A publishing method of media content (Wang: ¶18-41, ¶103, ¶110-117 disclose a social networking system and method for sharing content), comprising: acquiring a first media content to be published by a user (Wang: ¶83-87 disclose a user selecting and uploading media content).
Although Wang teaches generating a link associated with the first media content (Wang: ¶52, ¶83-87, ¶90-101, Figs. 6-9 disclose generating a media content link), the reference does not explicitly state acquiring the media content collection selected by the user.
However, Wang and Dermu together teach acquiring the media content collection selected by the user in response to triggering a control on a publishing interface of the first media content for adding a link on the publishing interface of the first media content (Wang: ¶52, ¶83-87, ¶90-101, Figs. 6-9; Dermu: Col. 21, Line 33 – Col. 22, Line 56; Col. 35, Line 41 – Col. 36, Line 58 disclose a user selecting an interface control to add a link); generating the link according to the media content collection selected by the user (Wang: ¶52, ¶83-87, ¶90-101, Figs. 6-9; Dermu: Col. 21, Line 33 – Col. 22, Line 56; Col. 35, Line 41 – Col. 36, Line 58 disclose generating a link to the media content collection); and displaying the link on the publishing interface of the first media content (Wang: ¶52, ¶90-101, ¶108, Fig. 9 disclose displaying the content link).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the media content collection selection, as taught by Dermu, into the system and method of Wang. One of ordinary skill in the art would have been motivated to make this modification in order to “generate a visual media collection for a social networking account and provide access to (or distribute) images, videos, or other visual media items from the visual media collection” (Dermu: Col. 1, Lines 60-63).
Wang goes on to further teach wherein the link directs to the media content collection to be unlocked for the user, and the media content collection comprises one or more second media contents (Wang: ¶90-101 disclose wherein the media content collection comprises a plurality of media content); and publishing the first media content with the link to a feed (Wang: ¶52, ¶100-101, ¶108, Fig. 9 disclose posting the media content to a feed of followers).
Although Wang teaches that the media content may include videos, the references do not explicitly state wherein the media content is edited video clips.
However, Lampe teaches wherein the first media content and the second media contents are videos, and the first media content is a clip of a second media content or an edited result of multiple clips of the one or more second media contents (Lampe: ¶16-20, ¶31, ¶35-36, ¶40-42 disclose wherein the media content comprises a plurality of edited video clips).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the video media content, as taught by Lampe, into the system and method of Wang and Dermu. One of ordinary skill in the art would have been motivated to make this modification in order to “generate a highlight clip of a particularly interesting action” because “highlight clips may be improved or enhanced by editing” (Lampe: ¶18 & ¶39).
In regards to claim 3, Wang, Dermu, and Lampe teach the method of claim 1. Wang and Dermu further teach wherein the acquiring a media content collection selected by the user comprises: displaying one or more media content collections of the user in response to the control for adding a link in the publishing interface being triggered by the user, wherein each of the media content collections has a Selection control; and acquiring the media content collection selected by the user in response to a Selection Confirmation control being triggered by the user (Wang: ¶88-101, Figs. 5-9; Dermu: Col. 21, Line 33 – Col. 22, Line 56; Col. 35, Line 41 – Col. 36, Line 58).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the media content collection selection, as taught by Dermu, into the system and method of Wang, Dermu, and Lampe. One of ordinary skill in the art would have been motivated to make this modification in order to “generate a visual media collection for a social networking account and provide access to (or distribute) images, videos, or other visual media items from the visual media collection” (Dermu: Col. 1, Lines 60-63).
In regards to claim 4, Wang, Dermu, and Lampe teach the method of claim 1. Wang further teaches wherein the displaying the link in a publishing interface of the first media content comprises: displaying a Link control in the publishing interface of the first media content, wherein the Link control comprises partial or complete of a title of the media content collection selected by the user (Wang: ¶22-24, ¶47-52, ¶84-101, Figs. 4-6 & 9).
In regards to claim 5, Wang, Dermu, and Lampe teach the method of claim 1. Wang further teaches publishing the media content collection before generating the link associated with the first media content (Wang: ¶83-101, Figs. 4-6 & 9).
In regards to claim 6, Wang, Dermu, and Lampe teach the method of claim 5. Wang further teaches wherein the publishing the media content collection comprises: acquiring first attribute information input by the user for the media content collection; acquiring the second media content(s) uploaded by the user; and publishing the media content collection comprising the first attribute information and the second media content(s) (Wang: ¶22-24, ¶47-52, ¶83-101, Figs. 4-9).
In regards to claim 7, Wang, Dermu, and Lampe teach the method of claim 6. Wang further teaches displaying a real-time preview interface of the media content collection before publishing the media content collection comprising the attribute information and the second media content (Wang: ¶51-52, ¶83-101, Figs. 4-9).
In regards to claim 8, Wang, Dermu, and Lampe teach the method of claim 7. Wang further teaches wherein the displaying a real-time preview interface of the media content collection comprises: updating the preview interface of the media content collection in response to a detection of the user's operation of inputting the first attribute information or uploading the second media content (Wang: ¶51-52, ¶83-101, Figs. 4-9).
In regards to claim 9, Wang, Dermu, and Lampe teach the method of claim 7. Wang further teaches wherein the preview interface is a preview of a display interface of the media content collection after an interactive operation on the link is performed by a viewer of the first media content (Wang: ¶51-52, ¶83-101, Figs. 4-9).
In regards to claim 10, Wang, Dermu, and Lampe teach the method of claim 6. Wang further teaches wherein the attribute information of the media content collection comprises at least one of a title, a redeemable resource, a description or a cover (Wang: ¶22-24, ¶32-33, ¶44, ¶47-52, ¶76-78, ¶83-101, ¶107, Figs. 4-9).
In regards to claim 11, Wang, Dermu, and Lampe teach the method of claim 6. Wang further teaches wherein in a case where the attribute information of the media content collection comprises a redeemable resource, the acquiring first attribute information input by the user for the media content collection comprises: displaying one or more Resource controls corresponding to different redeemable resource values, wherein each of the Resource controls comprises information determined from a geographic location and a corresponding redeemable resource value of the user; and acquiring a redeemable resource value corresponding to the Resource control selected by the user (Wang: ¶22-24, ¶32-33, ¶44, ¶47-52, ¶76-78, ¶83-101, ¶107, Figs. 4-9).
In regards to claim 12, Wang, Dermu, and Lampe teach the method of claim 6. Wang further teaches wherein the acquiring second media content(s) uploaded by the user comprises: displaying an Upload control and first entry component(s) of the uploaded second media content(s) in an uploading interface of the second media content(s), wherein the first entry component comprises an Edit control; acquiring the second media content(s) uploaded by the user in response to triggering the Upload control by the user; and acquiring second attribute information set by the user for the corresponding second media content(s) in response to the triggering of the Edit control by the user (Wang: ¶22-24, ¶47-52, ¶83-101, Figs. 4-9).
In regards to claim 13, Wang, Dermu, and Lampe teach the method of claim 12. Wang further teaches wherein the second attribute information comprises a cover, and the acquiring second attribute information set by the user for the corresponding second media content comprises: displaying one or more frames of the corresponding second media content; and determining a frame selected by the user as a cover of the corresponding second media content (Wang: ¶22-24, ¶32-33, ¶44, ¶47-52, ¶76-78, ¶83-101, ¶107, Figs. 4-9).
In regards to claim 14, Wang, Dermu, and Lampe teach the method of claim 1. Wang further teaches displaying a state of the media content collection in a first management interface of the user's media content collection; and displaying a state of each second media content in the media content collection in a second management interface of the user's media content collection (Wang: ¶51-52, ¶76-80, ¶83-101, Figs. 3-9).
In regards to claim 15, Wang, Dermu, and Lampe teach the method of claim 14. Wang further teaches wherein the displaying a state of each second media content in the media content collection in a second management interface of the user's media content collection comprises: displaying a second entry component of the one or more second media contents in the media content collection in the second management interface of the media content collection of the user, wherein the second entry component comprises a State control; and in a case where the State control represents a determined state, displaying the reason why a corresponding second media content is in the preset state in response to an interaction of the user with the State control being in a preset manner (Wang: ¶22-24, ¶32-33, ¶44, ¶47-52, ¶76-80, ¶83-101, Figs. 3-9).
In regards to claim 17, the claim recites the same or similar limitations as those addressed above in claim 1 and therefore is rejected for the same reasons set forth above for claim 1. Additionally, Wang further teaches A publishing apparatus of media content, comprising: memory; and a processor coupled to the memory, the processor configured to, based on instructions stored in the memory, carry out the publishing method of media content… (Wang: ¶18-41, ¶103, ¶110-117). Furthermore, the rationale to combine the prior art set forth above for claim 1 applies to the rejection of claim 17.
In regards to claim 18, Wang, Dermu, and Lampe teach the publishing apparatus of claim 17. Wang and Dermu further teach wherein the generating a link associated with the first media content comprises: acquiring a media content collection selected by the user (Wang: ¶52, ¶83-87, ¶90-101, Figs. 6-9; Dermu: Col. 21, Line 33 – Col. 22, Line 56; Col. 35, Line 41 – Col. 36, Line 58 disclose a user selecting an interface control to add a link); generating the link according to the media content collection selected by the user (Wang: ¶52, ¶83-87, ¶90-101, Figs. 6-9; Dermu: Col. 21, Line 33 – Col. 22, Line 56; Col. 35, Line 41 – Col. 36, Line 58 disclose generating a link to the media content collection); and displaying the link in a publishing interface of the first media content (Wang: ¶52, ¶90-101, ¶108, Fig. 9 disclose displaying the content link).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the media content collection selection, as taught by Dermu, into the system and method of Wang, Dermu, and Lampe. One of ordinary skill in the art would have been motivated to make this modification in order to “generate a visual media collection for a social networking account and provide access to (or distribute) images, videos, or other visual media items from the visual media collection” (Dermu: Col. 1, Lines 60-63).
In regards to claim 19, the claim recites the same or similar limitations as those addressed above in claim 1 and therefore is rejected for the same reasons set forth above for claim 1. Additionally, Wang further teaches A non-transitory computer-readable storage medium on which a computer program is stored, which when executed by a processor implements the publishing method of media content… (Wang: ¶18-41, ¶103, ¶110-117). Furthermore, the rationale to combine the prior art set forth above for claim 1 applies to the rejection of claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE S MURRAY whose telephone number is (571)272-4306. The examiner can normally be reached M-F 8am-5pm.
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/Wayne S. Murray/Examiner, Art Unit 3628
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