DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Prosecution and Amendment
The amendment filed 9/26/25 has been entered.
The terminal disclaimer filed 9/26/25 is sufficient to overcome the double patenting rejection of claim 1. The rejection has been withdrawn.
The petition to revive the application filed 9/26/25 was granted on 11/13/25.
Response to Arguments
Applicant's arguments filed 9/26/25 have been fully considered but they are not persuasive.
Applicant asserts, “Lanahan, relied on by the Examiner for this limitation, describes only a client-side “user interface application 122” loaded on each individual device ([0026-27]). This application is a local program running on the user’s PC or phone, not a server-resident portal. It does not couple the server 180 to database 190. Instead, Lanahan explains that publication occurs by uploading finished collages or embedding code in third-party sites ([0033]-[0035]). Thus, the purported “portal” vanishes after creation and is never used by ordinary viewers.” Examiner respectfully disagrees.
Examiner would first like to point to the claim language as filed 9/26/25:
“at least one first network publishing portal specifically programmed for connecting a plurality of digital content creators and a plurality of digital content viewers to the at least one specifically programmed publishing server and coupling the at least one specifically programmed publishing server and the at least one non-transitory database”
With regards to figure 1 of Lanahan, Lanahan shows a publishing portal (Lanahan, para [0060], collage document represents a portal website) specifically programmed for connecting a plurality of digital content creators (Lanahan, para [0035], user 102 in combination with corresponding client device represents digital content creator) and a plurality of digital content viewers (Lanahan, fig 1 elements 140a-n ) to the at least one specifically programmed publishing server and coupling the at least one specifically programmed publishing server and the at least one non-transitory database (Lanahan, para [0032], fig 1 element 180 connects service interface application 182 with database 190).
The claim limitation does not define how the portal connects creators with content viewers to the programmed publishing server. Under broadest reasonable interpretation, “connect” is interpreted as “bring together or into contact so that a real or notional link is established” (Oxford Languages). A connection is interpreted to be made by transmitting a portal website between a content creator, content viewer and publishing server (Lanahan, para [0035]). Examiner recommends further defining “connecting” to define how it is connected and the corresponding resultant relationship.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the portal coupling the “specifically programmed publishing server” and the “at least one non-transitory database”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The claim language requires the “specifically programmed publishing server” and the “at least one non-transitory database” to be coupled. However, the claim does not require the portal to couple the server to the database. See claim language above.
Lastly, it is unclear to the examiner what is meant by applicant’s arguments of, “the purported “portal” vanishes after creation and is never used by ordinary viewers.” The collage document of Lanahan is published and distributed over channels (Lanahan, para [0028], fig 1 element 140 a-n). In addition, the claim does not disclose “used by ordinary viewers”. It is unclear what “used” is referencing and who the “ordinary viewers” are within the claim.
Examiner would like to note that any citation to specific pages, columns, lines or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and my be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art (MPEP 2123).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Lanahan et al. (US Patent Application 2010/0005417, hereinafter Lanahan) in view of Shah (US Patent Application 2014/0019865, hereinafter Shah).
Regarding claim 1, Lanahan discloses a computer system, comprising:
at least one specifically programmed publishing server (Lanahan, para [0024], with regards to fig. 1, at least one service provider device 180 (e.g., a network server));
at least one non-transitory database accessible by the at least one specifically programmed publishing server, wherein the at least one non-transitory database is specifically programmed to being dedicated for use by the at least one specifically programmed publishing server (Lanahan, para [0024], with regards to fig. 1, the service provider device 180, in various embodiments, may be configured to maintain, store and/or archive multi-media presentations in a database 190);
at least one first network publishing portal specifically programmed for connecting a plurality of digital content creators and a plurality of digital content viewers to the at least one specifically programmed publishing server and coupling the at least one specifically programmed publishing server and the at least one non-transitory database (Lanahan, para [0027], user interface application 122 may be implemented as a multi-media presentation application to collect, create and publish information via the network 160. In various implementations, multi-media presentations may be published to and/or shared with one or more of the multi-media channels 140 via the user interface application 122 over the network 160),
wherein the at least one specifically programmed publishing server, the at least one non-transitory database and the at least one first network publishing portal being arranged such that the computer system provides the at least one first network portal to the plurality of digital content creators and the plurality of digital content viewers through a plurality of electronic devices respectively utilized by the plurality of digital content creators and the plurality of digital content viewers to access the at least one first network publishing portal over a computer network (Lanahan, Para [0033-0034], with regards to fig. 1, the user 102 is able to share multi-media presentations with other users via the media channels 140 and/or embed multi-media presentations directly in webpages of other users – Examiner notes that Lanahan’s user interface is shared with all users in the network to create and publish and view published digital content];
wherein the at least one specifically programmed publishing server, the at least one non- transitory database and the at least one first network publishing portal are specifically programmed with specialized publishing software (Lanahan, para [0035], The service provider device 180, in various embodiments, may be configured to maintain, store and/or archive multi-media presentations in a database 190, each of which may include information related to one or more users, such as the user 102, and one or more multi-media channels, such as multi-media distributions channels 140. In various examples, the multi-media presentations may include attributes stored as part thereof, and the attributes may be passed to the service provider device 180 as part of a creating, publishing and/or sharing of the multi-media presentations);
wherein the specialized publishing software, upon execution, specifically transforms the at least one specifically programmed publishing server, the at least one non-transitory database and the at least one first network publishing portal to perform at least the following:
receiving, by the computer system, particular digital content from each digital content creator of the plurality of digital content creators (Lanahan, para [0037], the create module 186, in one embodiment, enables the user 102 to place selected media onto a presentation style, board or collage. The service provider device 180 may automatically suggest a story idea to launch the creative process, or the user 102 may select a specific style or presentation tool. In one implementation, media from the storyboard may be dragged and dropped onto the presentation);
enabling, by the computer system, a particular viewer to create at least one particular viewer personalized storyline digital experience of the particular digital content (Lanahan, para [0037], enables the user 102 to place selected media onto a presentation style, board or collage. The service provider device 180 may automatically suggest a story idea to launch the creative process, or the user 102 may select a specific style or presentation tool…Within the presentation, there may be multiple styles, such as a picture frame, a television, a billboard, etc. Media may be placed within the viewing window of each type of style. Once in the presentation, the media may be edited; Lanahan, para [0045], the media presentation or media piece may be created (block 226). In one implementation, once media objects have been collected and optionally edited, the media presentation or media piece may be created by selecting a creation operation of the user interface application 122); and
Lanahan does not disclose:
wherein the at least one particular viewer personalized storyline digital experience created by the particular viewer differs from the at least one particular storyline digital experience defined by the particular digital content creator.
Shah discloses:
wherein the at least one particular viewer personalized storyline digital experience created by the particular viewer differs from the at least one particular storyline digital experience defined by the particular digital content creator (Shah, abstract and para [0011], A system and method for creating a navigable content having a narrative structure and behaviors configured to allow a consumer to dynamically and non-linearly control many aspects of a narrative such as plot, transition, speed, story beats, media, delay, and the like, is described. The method and system also provide authoring tools to dynamically edit source material that may be adjusted and changed by a consumer during a viewing of the navigable content).
Before the time of the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the position editing tool of collage multi-media disclosed by Lanahan to include the concept of a visual story engine taught by Shah to provide enriched storytelling that provides the interactivity and navigability of game play within a non-linear narrative structure (Shah, para [0008]). The motivation for doing so would have been to include the concept of a visual story engine taught by Shah to provide enriched storytelling that provides the interactivity and navigability of game play within a non-linear narrative structure (Shah, para [0008]).
Conclusion
THIS ACTION IS MADE FINAL. 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 HOPE C SHEFFIELD whose telephone number is (303)297-4265. The examiner can normally be reached Monday-Friday, 9:00 am-5:00pm PT.
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/HOPE C SHEFFIELD/ Primary Examiner, Art Unit 2141