DETAILED ACTION
The present office action is responsive to the applicant’s filling of the application on 11/15/2023.
The application contains claims 1-20, all have been examined.
This action is Non-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.
Claim Objections
Claim 5 is objected to because of the following informalities: it appears as the claim number was skipped. The missing claim would need to be marked as canceled. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: the claim depends on itself. It appears to have a typo and to be dependent on claim 8. 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.
Claim 19 recites the limitation "the underlayment" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,093,643. 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; and responsive to an input, transforming the temporary array into a populated webpage underlayment.
7. The method of claim 1 further comprising tracking a position of a pointer with respect to the underlayment.
4. The method of claim 1 further comprising: renting the underlayment to a content creator.
6. The method of claim 4 wherein the underlayment is rented by a time domain wherein the time domain is a day, hour, minute, or second.
8. The method of claim 7 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 lookup value; 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 4 wherein the underlayment is rented by a time domain wherein the time domain is a day, hour, minute, or second.
9. The method of claim 9 wherein the action performed comprises incorporating onto the content an image of a visitor viewing the webpage.
10. The method of claim 8 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 10 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.
14. The computing device of claim 13 wherein the operations further comprise renting the underlayment to a content creator.
15. The computing device of claim 14 wherein the renting operation comprises renting the underlayment by a time domain wherein the time domain is a day, hour, minute, or second.
16. The computing device of claim 13,
wherein the operation comprises, 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 14 wherein the renting operation comprises renting the underlayment by a time domain wherein the time domain is a day, hour, minute, or second.
17. The computing device of claim 16 wherein the populated underlayment is populated with a digital video.
18. The computing device of claim 16 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.
19. A non-transitory machine readable medium having stored thereon processor-executable instructions that, when executed, cause performance of operations, the operations comprising: 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.
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.
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.
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 (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 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, 2, 3, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lanahan US 20170199847), in view of Szumla (US 20030160824).
In regards to claims 1 and 13, Lanahan teaches a method comprising: identifying content displayed through a user interface (see para 31: interface allows user to identify the media to use); creating a temporary array; populating the temporary array with the identified content (see para 32-33: with the collected media creates a virtual storyboard/clipboard which is temporary and the media is placed on the storyboard/clipboard); and responsive to an input, transforming the temporary array into a populated webpage underlayment (see para 34-36, in response to user input, the content populates a style and creates the content presentation).
Lanahan doesn’t specifically teach content to underlay webpage content of a webpage, generating the webpage underlayment.
Szumla teaches content to underlay webpage content of a webpage, generating the webpage underlayment (see para 18, 27, 62: teaches an editor which allows user to select and edit a wallpaper (creation tool).
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 Szumla with the teachings of Lanahan in order to create wallpaper background to the media presentation system of Lanahan, since a person would have been motivated to enhance the content creation and editing options, thus allowing the user to customize to a greater degree.
In regards to claim 2, Lanahan teaches 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 (see para 31: content include videos, images).
In regards to claim 3, Lanahan teaches wherein the webpage is a webpage of an online marketplace, social media site, or website (see para 29, 41: websites, social sites, market selling).
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lanahan and Szumla as provided for claims 1 and 13 above, in view of Hong et al. (KR20040077604A).
In regards to claims 4 and 14, Lanahan doesn’t specifically teaches further comprising: renting the underlayment to a content creator.
Hong teaches further comprising: renting the underlayment to a content creator (see at least para 23; 35, 37: teaches renting webpage space or area to other content creators).
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 Hong with the teachings of Lanahan to rent the content to users to include on their pages or websites, since the motivation for doing so would have been to provide a service which allows users to utilize websites that are well known and that allow for high-click rate (see para 23).
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lanahan, Szumla and Hong as provided for claims 4 and 14 above, in view of Bowen (US 20210312096).
In regards to claims 6 and 15, Lanahan doesn’t specifically teach wherein the underlayment is rented by a time domain wherein the time domain is a day, hour, minute, or second.
Bowen teaches wherein the underlayment is rented by a time domain wherein the time domain is a day, hour, minute, or second (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 with the teachings of Lanahan to license/rent the content to users having renting times, since the motivation for doing so would have been to provide a service which allows users to utilize the space for a specified time needed as with many other types of rental services and commodities.
Claim(s) 7-12, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lanahan and Szumla as provided for claims 1 and 13 above, in view of Deguzman (US 20170309255).
In regards to claim 7, Lanahan doesn’t specifically teach further comprising tracking a position of a pointer with respect to the underlayment.
Deguzman teaches tracking a position of a pointer with respect to the underlayment (see abstract and at least para 4-6; teaches tracking pointer within a portion of content on a webpage).
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 Deguzman with the teachings of Lanahan for pointer tracking, since the motivation for doing so would have been to improve input detection from the user on displayed content on the webpage/canvas.
In regards to claim 8, Lanahan doesn’t specifically teach 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 lookup value; performing an action upon the webpage responsive to a rule associated with the identified value of the populated underlayment.
Deguzman teaches 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 lookup value; performing an action upon the webpage responsive to a rule associated with the identified value of the populated underlayment (see abstract and at least para 4-6, 41-45; teaches tracking pointer within a portion of content on a webpage. Receiving user input, using position data and making a determination as to what action to take -rules-).
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 Deguzman with the teachings of Lanahan for pointer tracking, since the motivation for doing so would have been to improve the input detection and intent from the user on displayed content on the webpage/canvas, so as to properly provide a response associated to intended user intent (see para 41-45).
In regards to claim 9, wherein the action performed comprises incorporating onto the content an image of a visitor viewing the webpage (see para 31: user images).
In regards to claim 10, Lanahan teaches 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 (see para 31: content include videos, images).
In regards to claim 11, Lanahan doesn’t specifically teach 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.
Deguzman teaches 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 (see abstract and at least para 4-6, 40-45; teaches take the user to another webpage).
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 Deguzman with the teachings of Lanahan for pointer tracking, since the motivation for doing so would have been to improve the input detection and intent from the user on displayed content on the webpage/canvas, so as to properly provide a response associated (see para 41-45).
In regards to claim 12, Lanahan doesn’t specifically teach 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.
Deguzman teaches 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 (see abstract and at least para 4-6, 40-45; teaches take the user to another webpage).
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 Deguzman with the teachings of Lanahan for pointer tracking, since the motivation for doing so would have been to improve the input detection and intent from the user on displayed content on the webpage/canvas, so as to properly provide a response associated (see para 41-45).
In regards to claim 16, Lanahan doesn’t specifically teach wherein the operation comprises, 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.
Deguzman teaches wherein the operation comprises, 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 (see abstract and at least para 4-6, 41-45; teaches tracking pointer within a portion of content on a webpage. Receiving user input, using position data and making a determination as to what action to take -rules).
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 Deguzman with the teachings of Lanahan for pointer tracking, since the motivation for doing so would have been to improve the input detection and intent from the user on displayed content on the webpage/canvas, so as to properly provide a response associated (see para 41-45).
In regards to claim 17, Lanahan teaches wherein the populated underlayment is populated with a digital video (see para 31: content include videos, images).
In regards to claim 18, Lanahan doesn’t specifically teach 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.
Deguzman teaches 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 (see abstract and at least para 4-6, 40-45; teaches take the user to another webpage, an overlayment appears).
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 Deguzman with the teachings of Lanahan for pointer tracking, since the motivation for doing so would have been to improve the input detection and intent from the user on displayed content on the webpage/canvas, so as to properly provide a response associated (see para 41-45).
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deguzman (US 20170309255), in view of Strand (US 8375305).
In regards to claim 19, Deguzman teaches a non-transitory machine readable medium having stored thereon processor-executable instructions that, when executed, cause performance of operations, the operations comprising: tracking a position of a pointer; and responding to an input while the position of the pointer corresponds to a position on a page 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 page and the lookup value (see abstract and at least para 4-6, 41-45; teaches tracking pointer within a portion of content on a webpage. Receiving user input, using position data and making a determination as to what action to take -rules).
Although Deguzman teaches tracking pointer position, it doesn’t specifically teach corresponds to a position on an underlayment.
Strand teaches corresponds to a position on an underlayment (see col 4 lines 58 to col 5 line 15: teaches embedding code on a page/document which allows monitoring of the pointer position within a network page to determine placement associated to content and other elements).
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 Strand with the teachings of Deguzman for pointer tracking to be able to track the position in relation to the underlayment, since it enhances position tracking given that by tracking the position within the page it would allow tracking in association to all content within the page.
In regards to claim 20, Deguzman teaches 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 (see abstract and at least para 4-6, 40-45; teaches take the user to another webpage).
Conclusion
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