DETAILED ACTION
Response to Amendment
Applicant’s amendments filed on September 03, 2025 have been entered. Claims 1-10 are still pending in this application, with claim 1 being independent.
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 Rejections - 35 USC § 103
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 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 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 of this title, 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 and 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skeen et al. (US 20120323938 A1), referred herein as Skeen in view of Dougherty et al. (US 20200312021 A1), referred herein as Dougherty.
Regarding Claim 1, Skeen in view of Dougherty teaches a method for effectively exhibiting works of art on exhibition sites comprising the following steps of (Skeen Abst: a Multi-Media Management and Streaming (MMMS) System may be configured or designed to provide online users with "location based" streaming radio functionality. Users from different geographic locations may access a variety of MMMS System GUIs to search for, create, and/or share customized streaming radio stations which may be configured to identify and play/stream music associated with one or more artists/bands, songs, venues, and/or events):
providing a server (Skeen [0051] FIG. 1, the MMMS System may include one or more of the following types of systems, components, devices, processes, etc. (or combinations thereof): [0052] MMMS Server System(s) 120);
providing exhibiting devices (Skeen [0049] In at least some embodiments described herein, the terms "DeliRadio" and "DeliRadio System" may refer to one or more embodiments of the MMMS System (and/or portions thereof), such as, for example, those corresponding to the website system(s), GUI(s), and music streaming service(s) associated with the website domain deliradio.com (www.deliradio.com));
providing uploading devices (Skeen [0606] My Band Photos GUI 2607 which enables users to upload photos, associate various metadata with at least one photo, and examine information related to at least one photo);
providing viewing devices (Skeen [0068] mobile devices which interact with the MMMS may offer additional unique functionality, including, but not limited to, temporal and geographic operations involving bands, events, users, and venues, enhanced social networking functionality, and photographic and videographic capture and transmission);
connecting the exhibiting devices, the uploading devices and the viewing devices to the server (Skeen [0053] Publisher/Content Provider System component(s) 140. In at least one embodiment, [0054] one or more devices, components, and/or systems of the MMMS System (100) may be operable to interface with external content sources via an import/export API to load information into the various storage devices and database within the MMMS System (120). [0055] Client Computer System (s) 130 [0056] 3.sup.rd Party System(s)/Service(s) 150 [0057] Internet & Cellular Network(s) 110 [0058] Remote Database System(s) 180 [0059] Remote Server System(s) 170);
using at least one of the uploading devices to upload at least one Skeen [0159] when an artist uploads audio recordings to DeliRadio, the "Track-Level Control Slider" gives them fine-grain control over how their recordings are made available and promoted across the internet, based on a "promotional sliding scale" that increases by degree of public availability);
Skeen disclosed uploading audio artwork and displaying image content, but does not explicitly teach upload an image. However, Dougherty teaches
upload at least one image (Dougherty [0053] In operation 402, a computing device (e.g., client device 110) receives image data via a camera of the computing device. In one example the image data comprises raw imagery and related data (e.g., from an IMU, OS-level VIO, or related technology, as explained above) and comprises a plurality of image frames).
Skeen in view of Dougherty further teaches
using at least one of the exhibiting devices to upload at least one image of at least one exhibition site (Skeen [0208] allows the venue to offload the tasks of managing, uploading, and updating the venue's website with new music relating to the artists of upcoming shows… when the venue books an upcoming show with a given artist, the venue may simply instruct the artist to upload one or more of the artist's song(s) and/or album(s) to the DeliRadio System; Dougherty [0043] The listing may include a title 301 and a brief description 303 of the service. The listing may further include photos of the service, maps of the area or location associated with the service, a street view of the service, a calendar of the service, and so forth, which may be viewed in area 307);
using the server to integrate the image of the work of art with the image of the exhibition site (Dougherty [0057] The computing device uses the generated 3D mesh and textures to display, in real time (or near real time), what is being captured in the scan. Returning to FIG. 4, the computing device displays the 3D reconstruction of the image data on a GUI displayed on the computing device, as shown in operation 404, as image data is received and a 3D reconstruction of the image data is generated. For example, the computing device translates the 3D mesh and textures into two dimensions that can be displayed in a GUI on the display of the computing device to indicate which areas of the space have been scanned (e.g., for which image data has been captured). In one example, the display is based on the computing device's position in the space so that the user can view the 3D model being created as he moves the device and/or walks around the space; [0085] other computing devices, such as server system 102 or one or more server computers associated with image processing system 128, can be used to perform the methods described herein);
using the server to announce exhibition of the work of art on the exhibition site (Skeen [0798] Embedded Festival Radio--When a festival is ready to announce their lineup, they can do it in style with their own customizable embeddable Festival Station. They may place this wherever they like to show off all the awesome bands at their festival; [0799] DeliRadio System offers a variety of solutions for labels, managers and bookers, looking to promote and distribute their artist's music and tour dates);
using at least one of the viewing devices to search for the exhibition (Skeen [0036] In at least one embodiment, the MMMS System may include functionality for enabling users to selectively filter search results and/or presented content according to a variety of different filtering criteria; [0510] Similar to the example embodiment of FIG. 9, if the user selects one of the artists (e.g., 1522) displayed in the Venues Search Results GUI 1520, additional information about the selected artist (and related songs, albums, shows, etc.) may be dynamically displayed);
using the server to generate an electronic map to show the location of the exhibition (Skeen [0512] FIG. 16 shows an example screenshot of a Find Bands GUI 1600 which has been configured to display filtered search results content in Map View format);
using the server to push an assignment about the exhibition (Skeen [0074] According to different embodiments, one or more different threads or instances of the MMMS System may be initiated in response to detection of one or more conditions or events satisfying one or more different types of minimum threshold criteria for triggering initiation of at least one instance of the MMMS System);
using at least one of the viewing devices to finish the assignment (Skeen [0081] MMMS Server System (e.g. 250). [0082] Artist Performance and Venue Tracking System(s) 211, which, for example, may be configured or designed to facilitate, initiate and/or perform one or more of the following operation(s)/action(s) (or combinations thereof): [0083] Manage database(s) of Event information. [0084] Information about Events may be stored or cached, include artist(s), date(s) and venue(s), geographic location(s), photographs along with ticketing information, as well as additional fields; [0167] the DeliRadio Mobile Application may be configured or designed to include functionality for facilitating user "Check-In" activities at a given venue & event. After completing a check-in activity at a given location, the user may be granted (e.g., via the DeliRadio Mobile Application and/or DeliRadio website) access to additional functionality);
using at least one of the exhibiting, uploading and viewing devices to report the finishing of the assignment to the server (Skeen [0088] Provide interfaces to, and manage database(s) for the purpose of storing, editing and distributing media and material; [0393] Status Tracking Component(s) (e.g., 612) which, for example, may be operable to automatically and/or dynamically determine, assign, and/or report updated transaction status information based, for example, on the state of the transaction. In at least one embodiment, the status of a given transaction may be reported as one or more of the following (or combinations thereof): Completed, Incomplete, Pending, Invalid, Error, Declined, Accepted, etc); and
using the server to update data and send the updated data to the exhibiting devices, the uploading devices and the viewing devices (Skeen [0206] the MMMS System may automatically and periodically access updated venue-specific event/date/artist information).
Dougherty discloses methods for receiving image data via a camera of a computing device, which is analogous to the present patent application.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Skeen to incorporate the teachings of Dougherty, and apply the displaying a 3D reconstruction of the image data on a graphical user interface (GUI) into the multi-media management and streaming techniques implemented over a computer network.
Doing so would provide an online marketplace by providing a number of services (e.g., accommodations, tours, transportation) and allow users to reserve or “book” one or more services in the method for effectively exhibiting works of art on exhibition sites.
Regarding Claim 3, Skeen in view of Dougherty teaches the method according to claim 1, and further teaches comprising the step of using the server to generate an electronic map to show the location of the exhibition after the step of using at least one of the viewing devices to search for the exhibition (Skeen [0139] In at least one embodiment, information relating to any given station created on DeliRadio may be selectively displayed according to the user's viewing preferences, such as, for example: "List View" (e.g., FIG. 11), "Tile View" (e.g., FIG. 12) or "Map View" (e.g., FIG. 13); [0520] In at least one embodiment, the size, color, and/or shape of a displayed map icon may be used to differentiate between "single venue" map icons (e.g., where the map icon represents a single venue) and "multiple venue" map icons (e.g., where the map icon represents a plurality of venues)).
Regarding Claim 5, Skeen in view of Dougherty teaches the method according to claim 1, and further teaches comprising the step of executing an exhibition-managing program in the server, the exhibiting devices, the uploading devices and the viewing devices (Skeen Abst: a Multi-Media Management and Streaming (MMMS) System may be configured or designed to provide online users with "location based" streaming radio functionality; FIG. 6: 600 MMS Server System).
Regarding Claim 6, Skeen in view of Dougherty teaches the method according to claim 1, and further teaches whereon the exhibition-managing program is a mobile application program (Skeen [0068] Mobile Device(s) 160--In at least one embodiment, the Mobile Device(s) may be operable to perform and/or implement various types of functions, operations, actions, and/or other features… mobile devices which interact with the MMMS may offer additional unique functionality, including, but not limited to, temporal and geographic operations involving bands, events, users, and venues, enhanced social networking functionality, and photographic and videographic capture and transmission).
Regarding Claim 7, Skeen in view of Dougherty teaches the method according to claim 1, and further teaches wherein each of the exhibiting, uploading and viewing devices comprises an interface (Skeen [0181] The following examples are intended to help illustrate some of the various types of functions, operations, actions, and/or other features which may be provided by the MMMS System. By way of example, described below are some examples of "Stations" that may be created, named, saved, shared and listened to in real-time via the MMMS System, by adjusting the intuitive filters that appear in the various GUIs presented by the MMMS System).
Regarding Claim 8, Skeen in view of Dougherty teaches the method according to claim 1, and further teaches wherein each of the exhibiting devices comprises an image-taking device operable to take at least one image of at least a portion of at least one of exterior and interior of the exhibition site (Dougherty 10. The method of claim 1, wherein the image data corresponds to an interior of a building and the predefined object types correspond to amenities that can be present in the interior of the building; [0043] The listing may further include photos of the service, maps of the area or location associated with the service, a street view of the service).
Regarding Claim 9, Skeen in view of Dougherty teaches the method according to claim 1, and further teaches wherein each of the exhibiting devices comprises a locator module operable to provide location of at least one exhibition site, wherein each of the uploading devices comprises a locator module operable to provide location of at least one work of art (Skeen Abst: a Multi-Media Management and Streaming (MMMS) System may be configured or designed to provide online users with "location based" streaming radio functionality; [0260] Examples of different types of data which may be accessed by the MMMS System functionality may include, but are not limited to, one or more of the following (or combinations thereof): [0261] Brand-related information; [0262] User behavior and analytic information; [0263] Performance information; [0264] Artist information; [0265] Venue Information; [0266] Artist performance event information; [0267] Geographic location information (e.g., relating to artist performances, events, user location, artist origination, venues, etc.); Dougherty 0043] The listing may further include photos of the service, maps of the area or location associated with the service, a street view of the service, a calendar of the service, and so forth, which may be viewed in area 307).
Regarding Claim 10, Skeen in view of Dougherty teaches the method according to claim 1, and further teaches wherein each of the uploading devices comprises: a locator module operable to provide location of at least one work of art; and a sensor module operable to interact with the viewing devices (Skeen [0260] Examples of different types of data which may be accessed by the MMMS System functionality may include …[0265] Venue Information; [0266] Artist performance event information; [0267] Geographic location information (e.g., relating to artist performances, events, user location, artist origination, venues, etc.) [0268] Brand related taxonomy information; [0331] Geolocation module 446 which, for example, may be configured or designed to acquire geolocation information from remote sources and use the acquired geolocation information to determine information relating to a relative and/or absolute position of the client system. [0332] Motion detection component 440 for detecting motion or movement of the client system and/or for detecting motion, movement, gestures and/or other input data from user. In at least one embodiment, the motion detection component 440 may include one or more motion detection sensors such as, for example, MEMS (Micro Electro Mechanical System) accelerometers, that may detect the acceleration and/or other movements of the client system as it is moved by a user).
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skeen et al. (US 20120323938 A1), referred herein as Skeen in view of Dougherty et al. (US 20200312021 A1), referred herein as Dougherty and Kumar et al. (US 20180204380 A1), referred herein as Kumar.
Regarding Claim 2, Skeen in view of Dougherty teaches the method according to claim 1, but does not teach the claimed limitation herein.
However, Kumar teaches wherein the step of using the server to integrate the image of the work of art with the image of the exhibition site comprises the step of providing a virtual-reality image to be viewed with a wearable device (Kumar Abst: y a user in a virtual environment while consuming interactive content through a head mounted display).
Kumar discloses a method and apparatus for providing guidance in a virtual environment, which is analogous to the present patent application.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Skeen to incorporate the teachings of Kumar, and apply the virtual reality device into the multi-media management and streaming techniques implemented over a computer network.
Doing so would provide a set of images to the display screen of the VR device according to an orientation of the user's point of view in the method for effectively exhibiting works of art on exhibition sites.
Regarding Claim 4, Skeen in view of Dougherty teaches the method according to claim 1, and Skeen in view of Dougherty and Kumar further teaches wherein the viewing device is a wearable device for virtual reality, the server is used to provide a virtual-reality image from the image of the work of art and the image of the exhibition site (Kumar [0130] FIGS. 10A-10F illustrate another sample use case of the present disclosure. An aspect of the present disclosure can be used when a user is taking a virtual tour of a museum on his VR device. The museum may have a complicated path, or the user may not know what things are worth seeing in each direction, so different types of things, including recommendations, may be detected for the user to best enjoy the tour; [0134] FIG. 10D illustrates which paintings in a view have been seen by the user (thick solid lines indicate the user has seen that painting) and which have been missed by user (dotted lines indicate the user has not seen that painting). Further, a recommendation 1004 may be provided to the user to suggest a head movement to view an important painting or a missed painting). The same motivation as claim 2 applies here.
Response to Arguments
Applicant's arguments filed on 10 December 2013, with respect to the 103 rejection have been fully considered but they are not persuasive.
On page 1, Applicant's Remarks, with respect to claim 1, the applicant argues Dougherty says nothing about integrating the 3D mesh and textures of an object with the 3D mesh and textures of another object to produce an image of the first object (such as the work of art set forth in claim 1) in the second object (such as the exhibition site disclosed in claim 1). Examiner respectfully disagrees with this argument. 3D reconstruction is the process of creating digital 3D models of real-world objects or scenes from 2D inputs like images, video, or other sensor data. The work of art images and exhibition site images are taught by reference Skeen. Regarding the first argument, it is respectfully noted that, Skeen in view of Dougherty teaches using the server to integrate the image of the work of art with the image of the exhibition site, as claimed.
On page 2, Applicant's Remarks, with respect to claim 1, the applicant argues the mobile devices (of Skeen) are not disclosed to finish any assignment given from the server. Examiner respectfully disagrees with this argument. Neither the claim language nor the Specification or Drawings provided a clear definition of “an assignment about the exhibition”, as claimed. Given the broadest interpretation in light of the specification, any task/activity related to an exhibition is considered an assignment. Skeen explicitly disclosed completing of a “Check-In" activity (see par. [0167]). Regarding the second argument, it is respectfully noted that, Skeen in view of Dougherty teaches using at least one of the viewing devices to finish the assignment, as claimed.
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 Samantha (Yuehan) Wang whose telephone number is (571)270-5011. The examiner can normally be reached Monday-Friday, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Poon can be reached on (571)272-7440. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Samantha (YUEHAN) WANG/
Primary Examiner
Art Unit 2617