DETAILED ACTION
The present office action is responsive to the applicant’s filling on 4/22/2026.
The application contains claims 1-3, 6, 9, 10-13, 15, and 17-25. All have been examined.
Rejections under 103 Have been withdrawn as necessitated by the claim amendments.
This action is Final
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 .
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The entire reference is considered to provide disclosure relating to the claimed invention. The claims & only the claims form the metes & bounds of the invention. Office personnel are to give the claims their broadest reasonable interpretation in light of the supporting disclosure. Unclaimed limitations appearing in the specification are not read into the claim. Prior art was referenced using terminology familiar to one of ordinary skill in the art. Such an approach is broad in concept and can be either explicit or implicit in meaning. Examiner's Notes are provided with the cited references to assist the applicant to better understand how the examiner interprets the applied prior art. Such comments are entirely consistent with the intent & spirit of compact prosecution.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 6, 9-13, 15, 17-18 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,093,643.
Claims 19-20 and 25 are rejected over claims 13-14 of U.S. Patent No. 12,093,643 and further in view of HTTP Live Streaming (HLS) Tutorial Oct 25, 2021 (hereinafter Miller).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims on the instant application are broader that the claims on patent ‘643. All the limitations are taught on the claims of patent ‘643. An example of the claims mapping is shown below.
Instant application
Patent No. 12/093,643
1. A method comprising: identifying content to underlay webpage content of a webpage displayed through a user interface; creating a temporary array; populating the temporary array with the identified content for underlayment; responsive to an input, transforming the temporary array into a populated webpage underlayment;
tracking the position of a pointer with respect to the populated underlayment; and
renting the underlayment to a content creator, wherein the underlayment is rented
by a time domain, and wherein, responsive to receiving an input while the position of the pointer corresponds to a portion of the populated underlayment,
transforming coordinates of the position of the pointer into a lookup value, identifying a value of the populated underlayment corresponding to the lookup value, and performing an action upon the webpage responsive to a rule associated with the identified value of the populated
underlayment.
2. The method of claim 1 wherein the content is one or more of the following: video, text, static image, ticker, live video, live stream, recorded stream, live broadcast, or recorded broadcast.
3. The method of claim 1 wherein the webpage is a webpage of an online marketplace, social media site, or website.
6. The method of claim 1 wherein the time domain is a day, hour, minute, or second.
9. The method of claim 1 wherein the action performed comprises incorporating onto the content an image of a visitor viewing the webpage.
10. The method of claim 1 wherein the populated underlayment is populated by one or more of the following: video, text, static image, ticker, live video, live stream, recorded stream, live broadcast, or recorded broadcast.
11. The method of claim 1 wherein the rule associated with the identified value of the populated underlayment is one or more of the following: the populated underlayment stops playing; the visitor is taken to another webpage; an overlayment appears; or an image of the visitor is incorporated into the identified content for underlayment.
12. The method of claim 11 wherein the action performed upon the webpage responsive to the rule associated with the identified value of the populated underlayment is one or more of the following: the webpage transitions to stop playing; the webpage transitions to a second webpage, or an overlayment appears.
13. A computer device comprising: a processor; and memory comprising processor-executable instructions that when executed by the processor cause performance of operations, the operations comprising: identifying content to underlay the content of a webpage displayed through a user interface; creating a temporary array; populating the temporary array with the identified content for underlayment; responsive to an input, transforming the temporary array into the populated webpage underlayment; tracking the position of a pointer with respect to the populated underlayment; renting the underlayment to a content creator, wherein the underlayment is rented by a time domain, and wherein, responsive to receiving an input while the position of the pointer corresponds to a portion of the populated underlayment, transforming coordinates of the position of the pointer into a lookup value, identifying a value of the populated underlayment corresponding to the lookup value, and performing an action upon the webpage responsive to a rule associated with the identified value of the populated underlayment.
15. The computing device of claim 13 wherein the time domain is a day, hour, minute, or second.
17. The computing device of claim 13 wherein the populated underlayment is populated with a digital video.
18. The computing device of claim 13 wherein the rule associated with the identified value of the populated underlayment is one or more of the following: the populated underlayment stops playing; the visitor is taken to another webpage; or an overlayment appears.
23. The computing device of claim 13, wherein the populated underlayment is one or more of the following: video, text, static image, ticker, live video, live stream, recorded stream, live broadcast, or recorded broadcast
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19. A non-transitory machine readable medium having stored thereon processor-executable instructions that, when executed, cause performance of operations, the operations comprising:
identifying content to underlay the content of a webpage displayed through a user interface; creating a temporary array; populating the temporary array with the identified content for underlayment; responsive to an input, transforming the temporary array into a populated webpage underlayment; renting the underlayment to a content creator, wherein the underlayment is rented by a time domain;
tracking a position of a pointer; and responding to an input while the position of the pointer corresponds to a position on the underlayment through which a video is rendered: transforming the coordinates of the position of the pointer into a lookup value; applying rules based on the value of the array position of the underlayment and the lookup value.
20. The non-transitory machine readable medium of claim 19, wherein the rules applied are one or more of the following: a sound is played; a video is played; a visitor is directed to another webpage; or an image of a visitor is incorporated into identified content for underlayment.
25. (New) The non-transitory machine readable medium of claim 19, wherein the populated
underlayment is one or more of a video, text, static image, ticker, live video, live stream,
recorded stream, live broadcast, or recorded broadcast.
1. A method comprising: identifying content to underlay webpage content of a webpage displayed through a user interface; creating a temporary array; populating the temporary array with the identified content for underlayment; responsive to an input, transforming the temporary array into a populated webpage underlayment;
tracking the position of a pointer with respect to the populated underlayment; and
renting the underlayment to a content creator,
wherein the underlayment is rented by a time domain, and wherein, responsive to receiving an input while the position of the pointer corresponds to a portion of the populated underlayment,
transforming coordinates of the position of the pointer into a lookup value, identifying a value of the populated underlayment corresponding to the lookup value, and performing an action upon the webpage responsive to a rule associated with the identified value of the populated underlayment.
2. The method of claim 1 wherein the content is one or more of the following: video, text, static image, ticker, live video, live stream, recorded stream, live broadcast, or recorded broadcast.
3. The method of claim 1 wherein the webpage is a webpage of an online marketplace, social media site, or website.
4. The method of claim 1 wherein the time domain is a day, hour, minute, or second.
5. The method of claim 1 wherein the action performed comprises incorporating onto the content an image of a visitor viewing the webpage.
6. The method of claim 1 wherein the populated underlayment is populated by one or more of the following: video, text, static image, ticker, live video, live stream, recorded stream, live broadcast, or recorded broadcast.
7. The method of claim 6 wherein the rule associated with the identified value of the populated underlayment is one or more of the following: the populated underlayment stops playing; the visitor is taken to another webpage; an overlayment appears; or an image of the visitor is incorporated into the identified content for underlayment.
8. The method of claim 7 wherein the action performed upon the webpage responsive to the rule associated with the identified value of the populated underlayment is one or more of the following: the webpage transitions to stop playing; the webpage transitions to a second webpage, or an overlayment appears.
9. A computer device comprising: a processor; and memory comprising processor-executable instructions that when executed by the processor cause performance of operations, the operations comprising: identifying content to underlay the content of a webpage displayed through a user interface; creating a temporary array; populating the temporary array with the identified content for underlayment; responsive to an input, transforming the temporary array into a populated webpage underlayment; tracking the position of a pointer with respect to the populated underlayment; renting the underlayment to a content creator, wherein the underlayment is rented by a time domain, and
wherein, responsive to receiving an input while the position of the pointer corresponds to a portion of the populated underlayment, transforming coordinates of the position of the pointer into a lookup value, identifying a value of the populated underlayment corresponding to the lookup value, and performing an action upon the webpage responsive to a rule associated with the identified value of the populated underlayment.
10. The computing device of claim 9 wherein the time domain is a day, hour, minute, or second.
11. The computing device of claim 9 wherein the populated underlayment is populated with a digital video.
12. The computing device of claim 9 wherein the rule associated with the identified value of the populated underlayment is one or more of the following: the populated underlayment stops playing; the visitor is taken to another webpage; or an overlayment appears.
2. The method of claim 1 wherein the content is one or more of the following: video, text, static image, ticker, live video, live stream, recorded stream, live broadcast, or recorded broadcast.
-----------------------------------------------------------------13. A non-transitory machine readable medium having stored thereon processor-executable instructions that, when executed, cause
performance of operations, the operations comprising:
identifying content to underlay the content of a webpage displayed through a user interface; creating a temporary array; populating the temporary array with the identified content for underlayment; responsive to an input, transforming the temporary array into a populated webpage underlayment; renting the underlayment to a content creator, wherein the underlayment is rented by a time domain;
tracking a position of a pointer; and responding to an input while the position of the pointer corresponds to a position on the underlayment through which a video is rendered: transforming the coordinates of the position of the pointer into a lookup value; applying rules based on the value of the array position of the underlayment and the lookup value.
14. The non-transitory machine readable medium of claim 13, wherein the rules applied are one or more of the following: a sound is played; a video is played; a visitor is directed to another webpage; or an image of a visitor is incorporated into identified content for underlayment.
2. The method of claim 1 wherein the content is one or more of the following: video, text, static image, ticker, live video, live stream, recorded stream, live broadcast, or recorded broadcast.
In regards to claim 19, Pat’643 teaches all the elements including video content as shown in the table above, but doesn’t specifically teach wherein the content to underlay is a broadcast.
Miller teaches wherein the content to underlay is a broadcast (see page 5 last paragraph: teaches that livestream video can be played on video tags “HLS plays back natively in HTML5 using the video tags”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Miller with Pat ‘643 to include livestreams videos as underlayment content, since the motivation for doing so would have been to enhance the types of content that can be included as underlayment content.
Claims 21 is rejected over claims 1-12 of U.S. Patent No. 12,093,643 and further in view of in view of Bowen (US 20210312096).
In regards to claim 21. Pat 643 doesn’t specifically teach wherein a user can purchase time and underlayment space.
Bowen teaches wherein a user can purchase time and underlayment space (see abstract and at least para 24-26, 103, 105, 133; teaches licensing (i.e., renting) content e.g. templates, images, background, etc. and that they have an expiration time. It further gives multiple examples of the expiration times with days, hours, minutes, etc).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Bowen to Pat ‘643 to license/rent the content to users having renting times and renting background, since the motivation for doing so would have been to provide a service which allows users to utilize desired space e.g. background and the space for a specified time needed as with many other types of rental services and commodities.
Claims 22 and 24 are rejected over claims 1-12 of U.S. Patent No. 12,093,643 and further in view of in view of Bowen (US 20210312096) and HTTP Live Streaming (HLS) Tutorial Oct 25, 2021 (hereinafter Miller).
In regards to claims 22 and 24, Pat ‘643 doesn’t teach wherein at least one of the content or the populated underlayment is a broadcast.
Miller teaches wherein at least one of the content or the populated underlayment is a broadcast (see page 5 last paragraph: teaches that livestream video can be played on video tags “HLS plays back natively in HTML5 using the video tags”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Miller with Pat ‘643 to include livestreams videos as underlayment content, since the motivation for doing so would have been to enhance the types of content that can be included as underlayment content.
Pat ‘643 doesn’t teach the user can select at least one of, the geographical region for the broadcast, the underlayment theme, or the date and time of the broadcast.
Bowen teaches the user can select at least one of, the geographical region for the broadcast, the underlayment theme, or the date and time of the broadcast (see at least para 25: changing background colors).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Bowen to Pat ‘643 to renting background and changing color, since the motivation for doing so would have been to provide a service which allows users to further customize.
Response to Arguments
Applicant’s arguments have been considered and the art rejection for the 103 rejections have been withdrawn. However, all claims are still rejected under Double patenting, see table and rejection above.
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 MARIO M VELEZ-LOPEZ whose telephone number is (571)270-7971. The examiner can normally be reached on M-F 10:30am-5:30pmEST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman, can be reached at telephone number 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIO M VELEZ-LOPEZ/
Examiner, Art Unit 2118
/SCOTT T BADERMAN/Supervisory Patent Examiner, Art Unit 2118
Prosecution Insights