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
Claim 23 objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only and cannot depend from any other multiple dependent claims. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits.
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 1-22 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.
Regarding independent claim 1, the limitations “first providing, to the user mobile application, production plan information of the production plan; first receiving, from the user mobile application, a proposed content control request in relation to said production plan information; first determining, in relation to said proposed content control request in relation to said production plan information, a content control decision” renders the claim indefinite because it is unclear how one can first provide and then first receive.
Regarding claim 2, the limitations “second receiving, from a payment processor, notice of payment” renders the claim indefinite.
Regarding claim 5, the limitations “ first generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite.
Regarding claim 6, the limitations “ second generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite.
Regarding claim 9, the limitations “ second receiving, from a payment processor, notice of payment” renders the claim indefinite because it is unclear how one can first provide and then first receive.
Regarding claim 10, the limitations “ first generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite.
Regarding claim 11, the limitations “second generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite because it is unclear how one can first provide and then first receive.
Regarding Claim 12, it is not clear what statutory category is being claimed. Claim 12 is rendered indefinite since the claim starts off with a method and then goes on to claim server hardware components.
Regarding independent claim 12, the limitations “first providing, to the user mobile application, production plan information of the production plan; first receiving, from the user mobile application, a proposed content control request in relation to said production plan information; first determining, in relation to said proposed content control request in relation to said production plan information, a content control decision” renders the claim indefinite because it is unclear how one can first provide and then first receive.
Regarding claim 13, the limitations “second receiving, from a payment processor, notice of payment” renders the claim indefinite.
Regarding claim 16, the limitations “ first generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite.
Regarding claim 17, the limitations “ second generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite.
Regarding claim 20, the limitations “ second receiving, from a payment processor, notice of payment” renders the claim indefinite because it is unclear how one can first provide and then first receive.
Regarding claim 21, the limitations “ first generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite.
Regarding claim 22, the limitations “second generating, by said user wireless computing device operating to execute said user mobile application,” renders the claim indefinite because it is unclear how one can first provide and then first receive.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herring et al. US Patent Publication No. 2021/0406850.
Regarding Claims 1 and 12, Herring discloses a system and a computer implemented method to control content of a production plan to be implemented at a performance venue [0012] said system comprising:
an audience population comprising a plurality of a user wireless computing device, the user wireless computing device enabling communications on a communication network, the user wireless computing device operable to execute a user mobile application, a production content management server accessible on the communication network by the user wireless computing device [Figure 1], said production content management server comprising:
a processor [0004];
a memory coupled to the processor, the memory comprising instructions executable by the processor [0004];
the instructions comprising production content management instructions configured to perform:
first providing, to the user mobile application, production plan information of the production plan [0018];
first receiving, from the user mobile application, a proposed content control request in relation to said production plan information [0018];
first determining, in relation to said proposed content control request in relation to said production plan information, a content control decision [0021];
second providing, to said user mobile application in relation to said content control decision, notice of said content control decision [0022];
incorporating, in relation to said content control decision, a content control action in relation to the production plan [0023];
and third providing, to said user mobile application in relation to said content control action, an implementation of the performance plan incorporating said content control action [Figure 2 & [0025]].
Regarding Claims 2 and 13, Herring discloses a system and a computer implemented method and further comprising: said production content management instructions configured to perform: second receiving, from a payment processor, notice of payment; said first determining further comprising, in relation to said notice of payment, a content control payment decision in relation to said proposed content control request [0018].
Regarding Claims 3 and 14, Herring discloses a system and a computer implemented method and further comprising:
said production content management instructions configured to perform:
said incorporating further comprising: providing to the production plan said content control action comprising a production plan customization instruction, the production plan to be implemented with said production plan customization instruction [0038; the system and fourth GUI 430 can enable the live performer to customize the experience afforded to using customers in accordance with their preferences, venue requirements, and local laws and customs, etc.].
Regarding Claims 4 and 15, Herring discloses a system and a computer implemented method and further comprising:
said production content management instructions configured to perform:
said third providing further comprising:
providing, to said user mobile application in relation to said content control action, said implementation of the production plan incorporating said content control action comprising said production plan customization instruction, the production plan implemented with said production plan customization instruction [0023].
Regarding Claims 5 and 16, Herring discloses a system and a computer implemented method and further comprising:
said user wireless computing device configured to perform:
first generating, by said user wireless computing device operating to execute said user mobile application, audio output of said implementation of the performance plan incorporating said content control action comprising said production plan customization instruction, the production plan implemented with said production plan customization instruction [0064].
Regarding Claims 6 and 17, Herring discloses a system and a computer implemented method and further comprising:
said user wireless computing device configured to perform:
second generating, by said user wireless computing device operating to execute said user mobile application, video output of said implementation of the performance plan incorporating said content control action comprising said production plan customization instruction, the production plan implemented with said production plan customization instruction [0040].
Regarding Claims 7 and 18, Herring discloses a system and a computer implemented method and further comprising:
said production content management instructions configured to perform:
said incorporating further comprising: said production plan customization instruction comprising a user customization instruction received by said user wireless computing device in response to a user input prompt generated by execution of said user mobile application, the production plan to be implemented with said production plan customization instruction comprising said user customization instruction [0033].
Regarding Claims 8 and 19, Herring discloses a system and a computer implemented method and further comprising:
said production content management instructions configured to perform:
said incorporating further comprising:
the production plan to be implemented with said production plan customization instruction comprising said user customization instruction, said user customization instruction comprising name information of a designated individual, the designated individual identified in said user customization instruction in relation to a designated shout-out spot of the production plan [0038].
Regarding Claims 9 and 20, Herring discloses a system and a computer implemented method and further comprising:
said production content management instructions configured to perform:
second receiving, from a payment processor, notice of payment;
said first determining further comprising, in relation to said notice of payment, a content control payment decision in relation to said proposed content control request;
said incorporating further comprising: the production plan to be implemented with said production plan customization instruction comprising said user customization instruction, said user customization instruction comprising name information of a designated individual, the designated individual identified in said user customization instruction in relation to a designated shout-out spot of the production plan;
said third providing further comprising:
providing, to said user mobile application in relation to said content control action, said implementation of the production plan incorporating said content control action comprising said production plan customization instruction, the production plan implemented with said production plan customization instruction [0022 & Figure 2].
Regarding Claims 10 and 21, Herring discloses a system and a computer implemented method and further comprising:
said user wireless computing device configured to perform:
first generating, by said user wireless computing device operating to execute said user mobile application, audio output of said implementation of the performance plan incorporating said content control action comprising said production plan customization instruction, the production plan implemented with said production plan customization instruction [0064].
Regarding Claims 11 and 22, Herring discloses a system and a computer implemented method and further comprising:
said user wireless computing device configured to perform:
second generating, by said user wireless computing device operating to execute said user mobile application, video output of said implementation of the performance plan incorporating said content control action comprising said production plan customization instruction, the production plan implemented with said production plan customization instruction [0040].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. It includes Dion et al. US Patent No. 10,783,738, Spears US-20190268674, Patel US-20180249194, and Signes US-20020156842.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR A RIAZ whose telephone number is (571)270-3005. The examiner can normally be reached M-F 9 am to 5 pm.
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, Benjamin Bruckart can be reached at 571-272-3982. 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.
/SAHAR AQIL RIAZ/ Examiner, Art Unit 2424