DETAILED ACTION
This action is responsive to the filing of 3/25/26. Claims 1-20 are pending and have been considered below.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
The term “known to the recipient” in claim 1 is a relative term (knowledge inside someone’s mind, the distinction between what one knows, and does not is purely subjective) which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim 1-9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miller (6981214) in view of Hill (7444588.)
Claim 1: Miller discloses a method of delivering a generic publication (6: 24-41, subscription; scheduled publications, Fig. 20: 1467; 17:4-18:33) to a plurality of recipients who are designated to receive said generic publication (users, Fig. 16A: 604; 15:5-25), said method comprising:
receiving from an initiator (Fig. 6: individual filling out the form on behalf, or for the benefit of another) associated with at least a particular one of the recipients (Fig. 6: individual to whom modified version would be sent to) preferences (Fig. 6: preferences) identified by said initiator as being associated with said particular recipient (Fig. 6: preferences are associated to the recipient),
modifying said generic publication destined for delivery to said particular recipient, said modifying including
a) modifying said generic publication with any said received preferences (Fig. 17: 1445; personalized document, 15:5-40; common content object collection with additional content objects; 15:11-14, extracts the appropriate ones of the categorized content objects with which to generate a personalized publication; Fig. 6: as a result of preferences; 14:64-15:14), and
b) positioning said media in said generic publication at an identified location, and wherein said identified location is a front page (Fig. 11A, Front page: ‘Joe’s Personalized Newspaper.’ 14:8-13), a back page (Fig. 11D, back page), or a centerfold (Fig. 11B-C, centerfold pages) of said generic publication, and
causing said modified generic publication to be delivered to said particular recipient (Fig. 17: 1445, send document to publishing agent; Fig. 6, delivery information.)
Miller does not explicitly disclose wherein the preferences are particular personalized media; and said personalized media including at least one of:
(a) an image, the image being family or a character known to the recipient, or
b) an image of something that is possessed either by the initiator or by the recipient.
Hill discloses a similar method for customizing media (7:18-42, the user has selected a newsletter for creation; may be selected from uploaded content in the user's photo album; option of linking the photo to an existing photo album), including wherein the preferences are particular personalized media (Fig. 7: 708, 710; 7:29-30, If desired, the user may add a photo to the newsletter via frame 708.Fig. 9; 7:57-8:30; e.g. “Select a Photo” and “Select an e-card” may further be personalized with “Add a Message” and/or additionally “Choose a Song for your friend to download”) and said personalized media including at least one of:
(a) an image, the image being family (Fig. 6: MY NEPHEW, SEAMUS) or a character known to the recipient, or
b) an image of something that is possessed either by the initiator or by the recipient.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the teachings of Miller with that of Hill so as to include initiator originated documents and content alongside content objects from content providers for the personalization of the media. One would have been motivated to combine the embodiments of Miller and Hill so as to enable an initiator to further personalize a media with great flexibility and control than what could be provided with an automatic edit module, by originating content objects that may not be available to the edit module.
Claim 2: Miller and Hill disclose the method of claim 1 wherein said particular personalized media includes at least one of; text (Hill Fig. 9; 7:57-8:30; e.g. “Select a Photo” and “Select an e-card” may further be personalized with “Add a Message” and/or additionally “Choose a Song for your friend to download.”), sound, smell, data from a live sensor located remote from both said initiator and said recipient.
Claim 3: Miller and Hill disclose the method of claim 2 wherein said particular personalized media includes an identity of either said recipient or said initiator (Hill Fig. 8: “edscannon Mar 9 2004 11:41AM” middle of figure.)
Claim 4: Miller and Hill disclose the method of claim 2 wherein said personalized media includes video (Hill 7:61-64, E-greetings may comprise an electronic card with a personalized text message, and may also include an attached photo, video, music, movie, or other similar type of content; 4:60, streaming video services to customers of host system 102) received from a live sensor (Hill e.g. digital camera, 4:30-53) located remote (Hill 4:59, third party service provider may provide streaming video) from both said initiator and said recipient.
Claim 5: Miller and Hill disclose the method of claim 1 wherein said initiator controls when said publication is delivered to said particular recipient (Miller Fig. 8: Delivery Schedule.)
Claim 6: Miller and Hill disclose the method of claim 5 wherein said publication delivery can be periodic (Miller Fig. 8: Delivery Schedule: daily, weekly, monthly.)
Claim 7: Miller and Hill disclose the method of claim 1 wherein said particular personalized media identified by said initiator as being associated with said particular recipient is received from said initiator in response to a prompt previously transmitted to said initiator (Miller Fig. 6: preferences webpage transmitted to the said initiator.)
Claim 8: Miller and Hill disclose the method of claim 1 wherein said personalized media is a direct substitute for at least one element of said generic publication (Fig. 17: 1420, using 1430 unique content over 1425 cached content.)
Claim 9: Miller and Hill disclose the method of claim 1 wherein said particular personalized media identified by said initiator as being associated with said particular recipient is delivered by said initiator in response to a prompt transmitted to said initiator (Miller Fig. 6: preferences webpage transmitted to the said initiator.)
Claim 10-17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miller (6981214) in view of Hill (7444588) and in further view of Cuthbert (2004/0000599.)
Claim 10: Miller discloses a method of delivering common content of a subscription (6: 24-41, subscription; scheduled publications, Fig. 20: 1467; 17:4-18:33) to a plurality of recipients (users, Fig. 16A: 604; 15:5-25) who are designated to receive said common content, said method comprising:
receiving from an initiator (Fig. 6: individual filling out the form on behalf, or for the benefit of another) associated with at least a particular one of the recipients (Fig. 6: individual to whom modified version would be sent to) preferences (Fig. 6: preferences) identified by said initiator as being associated with said particular recipient (Fig. 6: preferences are associated to the recipient
modifying said common content destined for delivery to said particular recipient, said modifying including modifying said common content with any said preferences (Fig. 17: 1445; personalized document, 15:5-40; common content object collection with additional content objects; 15:11-14, extracts the appropriate ones of the categorized content objects with which to generate a personalized publication; Fig. 6: as a result of preferences; 14:64-15:14, and
causing said modified common content to be delivered to said particular recipient (Fig. 17: 1445, send document to publishing agent; Fig. 6, delivery information.)
Miller does not explicitly disclose wherein the preferences are particular personalized media; and
said personalized media including at least smell.
Hill discloses a similar method for customizing media, including wherein the preferences are particular personalized media (Fig. 7: 708, 710; 7:29-30, If desired, the user may add a photo to the newsletter via frame 708.Fig. 9; 7:57-8:30; e.g. “Select a Photo” and “Select an e-card” may further be personalized with “Add a Message” and/or additionally “Choose a Song for your friend to download”)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the teachings of Miller with that of Hill so as to include initiator originated documents and content alongside content objects from content providers for the personalization of the media. One would have been motivated to combine the embodiments of Miller and Hill so as to enable an initiator to further personalize a media with great flexibility and control than what could be provided with an automatic edit module, by originating content objects that may not be available to the edit module.
Cuthbert discloses a similar method for customizing media, including personalized media including at least smell (par. 7, The scent strip process involves microencapsulating a fragrance and adhering it with glue to a printed magazine or mailing insert.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the teachings of Miller with that of Cuthbert so as to deliver assortments of scents personalized to a number of known customers for review and/or purchase.
Claim 11: Miller Hill and Cuthbert disclose the method of claim 10 where modifying said common content further includes positioning said media in said common content at an identified location (Miller Fig. 11A, Front page: ‘Joe’s Personalized Newspaper.’ 14:8-13.)
Claim 11: Miller Hill and Cuthbert disclose the method of claim 11 wherein said identified location is a front page, a back page, or a centerfold of said common content (Miller Fig. 11A, Front page: ‘Joe’s Personalized Newspaper.’ 14:8-13.)
Claim 11: Miller Hill and Cuthbert disclose the method of claim 10 wherein a time of said delivery to said particular recipient is at least partially controlled by said initiator (Miller Fig. 8: Delivery Schedule.)
Claim 11: Miller Hill and Cuthbert disclose the method of claim 13 wherein said delivery time is periodic (Miller Fig. 8: Delivery Schedule: daily, weekly, monthly.)
Claim 11: Miller Hill and Cuthbert disclose the method of claim 10 wherein said personalized media includes video (Hill 7:61-64, E-greetings may comprise an electronic card with a personalized text message, and may also include an attached photo, video, music, movie, or other similar type of content.)
Claim 11: Miller Hill and Cuthbert disclose the method of claim 10 wherein said personalized media is a direct substitute for at least one element of said common content (Miller Fig. 17: 1420, using 1430 unique content over 1425 cached content.)
Claim 11: Miller Hill and Cuthbert disclose the method of claim 10 wherein said particular personalized media identified by said initiator as being associated with said particular recipient being received in response to a prompt previously transmitted to said initiator (Miller Fig. 6: preferences webpage transmitted to the said initiator.)
Claim 18-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miller (6981214) in view of Cuthbert (2004/0000599.)
Claim 18: Miller discloses the method of delivering a publication (6: 24-41, subscription; scheduled publications, Fig. 20: 1467; 17:4-18:33) having common content from a distributor (Fig. 8; publisher; 13:49-50) to a plurality of recipients (users, Fig. 16A: 604; 15:5-25), said method comprising:
receiving preferences from a party (Fig. 6: individual filling out the form on behalf, or for the benefit of another) other than said recipient and other than said distributor, said preferences (Fig. 6: preferences) being particular to a specific one (Fig. 6: individual to whom modified version would be sent to) of said recipients,
delivering from time to time the same (6: 24-41, subscription; scheduled publications, Fig. 20: 1467; 17:4-18:33) common content (Fig. 17: 1445; personalized document, 15:5-40; common content object collection with additional content objects) to each of said plurality of recipients,
modifying said delivering step to cause any printed publication delivered to said particular recipient (15:11-14, extracts the appropriate ones of the categorized content objects with which to generate a personalized publication) to contain said common content augmented by said particular recipient’s preferences (Fig. 6: through preferences; 14:64-15:14), and
wherein said delivering step includes a delivery time for said particular percipient, said delivery time controlled, at least in part, by said party (Fig. 8: Delivery Schedule.).
Miller does not explicitly disclose wherein the preferences are particular personalized media; said personalized media containing at least smell.
Cuthbert discloses a similar method for customizing media, including wherein the preferences are particular personalized media and said personalized media containing at least smell (par. 7, The scent strip process involves microencapsulating a fragrance and adhering it with glue to a printed magazine or mailing insert.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the teachings of Miller with that of Cuthbert so as to deliver assortments of scents personalized to a number of known customers for review and/or purchase.
Claim 19: Miller and Cuthbert disclose the method of claim 18 wherein said personalized media is positioned within said common content at a location identified, at least in part, by said party (Miller Fig. 11A, Front page: ‘Joe’s Personalized Newspaper.’ 14:8-13.)
Claim 20: Miller and Cuthbert disclose the method of claim 19 wherein said location is either a first page, a back page or a centerfold of said publication (Miller Fig. 11A, Front page: ‘Joe’s Personalized Newspaper.’ 14:8-13.)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Beckman (2003/0144904) Generating A Publication Based On Ephemeral Interests.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANDREY BELOUSOV whose telephone number is (571) 270-1695 and Andrew.belousov@uspto.gov email. The examiner can normally be reached Mon-Friday EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Queler, can be reached at telephone number 571-272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Andrey Belousov/
Primary Examiner
Art Unit 2145
6/8/26
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