DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is responsive to the Amendment filed on 02/04/2026.
Claims 1-20 are pending in the case.
No claims have been cancelled or added.
Claims 1, 13 and 17 are independent claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 5-8, 11, 13, 14, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over thepreviewapp.com (“How to Answer Insta Story Q&A Questions during your Instagram Live?”, published 12/19/2018, hereinafter “The Preview App”) in view of Emily Blackwood (“The beginner’s guide to Instagram Live”, available 09/20/2020, hereinafter “Blackwood”).
Independent Claims 1, 13 and 17:
The Preview App discloses an electronic device, wherein, the electronic device comprises:
a memory [non-transitory computer readable storage medium], a processor and computer program instructions;
the memory is configured to store the computer program instructions;
the processor is configured to execute the computer program instructions to implement a method comprising (Although The Preview App does not explicitly describe an electronic device that includes a memory storing a program and a processor to executes the program, these components would be necessary to execute the Instagram app of The Preview APP and therefore would be considered inherent features of the invention of The Preview App.):
presenting a creation page for a first multimedia content to create the first multimedia content, wherein the creation page contains a control capable of acquiring target information as information to be replied (When the user goes live on the Instagram app, a page (creation page) is displayed for creating the livestream content (first multimedia content), the page includes a question mark icon (control) that the user can select in order to view questions submitted by other users (target information), the user can select a question to answer in the livestream, The Preview App: pages 2-5.);
acquiring the target information in response to a trigger on the control (The user can select the question mark icon to view the questions submitted by the other users, The Preview App: pages 3 and 4.);
in response to a trigger on the target information, displaying a sticker corresponding to the target information in the creation page for the first multimedia content (Examiner considers any selectable item (e.g. textual images or graphical images) that is caused to be overlaid on a video to be a sticker. The user can select a particular question from the set of questions and an image (sticker) corresponding to the selected question is displayed over the livestream video, The Preview App: pages 4-6.), and
replying to the target information in form of multimedia through the first multimedia content, wherein the first multimedia content comprises the sticker (The user answers the selected question via the livestream video, The Preview App: pages 2 and 4-6.).
The Preview App does not appear to expressly teach a device, medium or method wherein the reply to the target information is provided through the created multimedia.
However, Blackwood teaches a device, medium and method wherein the created first multimedia content can be saved and shared (Instagram live videos can be saved and shared to a user’s Story, Blackwood: page 5. The Instagram live video can include a question and answer session, Blackwood: pages 6 and 7.).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device, medium and method of The Preview App wherein the created first multimedia content can be saved and shared, as taught by Blackwood.
One would have been motivated to make such a combination in order to improve the user’s experience by providing the user with more effective tools for managing his/her created content (Blackwood: pages 6 and 7.).
In combination, The Preview App in view of Blackwood teaches a device, medium and method comprising:
after creation of the first multimedia content, replying to the target information in form of multimedia through the created first multimedia content, wherein the created first multimedia content comprises the sticker (The user answers the selected question via the livestream video, The Preview App: pages 2 and 4-6. Instagram live videos can be saved and shared to a user’s Story, Blackwood: page 5. The Instagram live video comprises the image of the selected question (sticker) displayed over the video, The Preview App: pages 4-6.).
Claims 2, 14 and 18:
The rejection of claims 1, 14 and 18 are incorporated. The Preview App further discloses a device, medium and method wherein:
the control comprises a first entry control for entering an information presenting page (The user enters the page with the submitted questions (information presenting page) by selecting the question mark icon (first entry control), The Preview App: pages 3 and 4.), and
the acquiring the target information in response to the trigger on the control, comprises:
displaying the information presenting page in the creation page for the first multimedia content in response to a trigger on the first entry control, wherein the information presenting page comprises the target information (The enters the page with the user submitted questions (information presenting page) by selecting the question mark icon (first entry control), The Preview App: pages 3 and 4.).
Claim 5:
The rejection of claim 1 is incorporated. The Preview App further discloses a method wherein, the information presenting page comprises one or more pieces of information, and the target information comprises at least one piece of information selected from the one or more pieces of information (The question page (information presenting page) comprises multiple questions (one or more pieces of information) from which the user can select a target question to answer, The Preview App: pages 3-5).
Claim 6:
The rejection of claim 1 is incorporated. The Preview App further discloses a method wherein, the creation page for the first multimedia content comprises at least one of a capturing page for the first multimedia content and an editing page for the first multimedia content (The creation page corresponds to a page for capturing video for a livestream, The Preview App: pages 2-6).
Claim 7:
The rejection of claim 1 is incorporated. The Preview App further discloses a method wherein, in the information presenting page, each area corresponding to each piece of information has the same width, and the one or more pieces of information are displayed in two columns (The questions are arranged in two columns wherein each question representation has the same width, The Preview App: pages 4 and 5.).
Claims 8, 16 and 20:
The rejection of claim 1 is incorporated. The Preview App further discloses a method wherein, the target information comprises a plurality of information in the information presenting page, and wherein the trigger on the target information, comprises: triggers corresponding to a plurality of target information in the information presenting page respectively; the displaying the sticker corresponding to the target information in the creation page for the first multimedia content in response to the trigger on the target information comprises: in response to triggers corresponding to the plurality of target information respectively, displaying first stickers corresponding to the plurality of target information respectively in the creation page for the first multimedia content (Examiner notes that the claim does not require the triggers for the plurality of target information and the displaying of the first stickers to be at the same time. It is clear that the user can repeat the steps for selecting a question to generate a sticker for the selected question on the livestream as many times as he/she wants to, The Preview App: pages 2-6.).
Claim 11:
The rejection of claim 1 is incorporated. The Preview App further discloses a method wherein, the information presenting page comprises one or more pieces of information, wherein the information comprises information obtained by replying to respective corresponding second multimedia contents (The questions in the question panel corresponds to replies provided to a question request sticker on previous Instagram stories (second multimedia contents), The Preview App: pages 2-6.).
Claim(s) 3, 4, 15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over The Preview App in view of Blackwood and further in view of Martina Cicakova (“Introducing Labels: A New Way to Organize Your Questions”, published 05/09/2019, hereinafter “Cicakova”).
Claims 3, 15 and 19:
The rejection of claims 1, 14 and 18 are incorporated. The Preview App in view of Blackwood further discloses a device, medium and method wherein:
the control comprises a third entry control for entering a sticker presentation page (The question mark icon (third entry), when selected, enables the user to view a set of questions that, when selected, are overlaid on the livestream (stickers), The Preview App: pages 3 to 5.), and
the acquiring the target information in response to the trigger on the control, comprises:
presenting the sticker presentation page in the creation page for the first multimedia content in response to a trigger on the third entry control (The question mark icon (third entry), when selected, enables the user to view a set of questions that, when selected, are overlaid on the livestream (stickers), The Preview App: pages 3 to 5.).
The Preview App in view of Blackwood does not appear to expressly teach a device, medium and method wherein:
the sticker presentation page comprises a second entry control capable of acquiring the target information, and
acquiring the target information in response to a trigger on the second entry control.
However, Cicakova teaches a device, medium and method wherein:
the question presentation page comprises a second entry control capable of acquiring the target information (The page that presents the questions comprises an option (entry) for viewing live or archived questions, Cicakova: screenshot on the bottom of page 2. The page that presents the questions also provides a filtering option (entry) to view a subset of the submitted questions, Cicakova: pages 2 to 6.), and
acquiring the target information in response to a trigger on the second entry control (The page that presents the questions comprises an option (entry) for viewing live or archived questions, Cicakova: screenshot on the bottom of page 2. The page that presents the questions also provides a filtering option (entry) to view a subset of the submitted questions, Cicakova: pages 2 to 6.).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device, medium and method of The Preview App in view of Blackwood wherein:
the question presentation page comprises a second entry control capable of acquiring the target information (The page that presents the questions comprises an option (entry) for viewing live or archived questions, Cicakova: screenshot on the bottom of page 2. The page that presents the questions also provides a filtering option (entry) to view a subset of the submitted questions, Cicakova: pages 2 to 6.), and
acquiring the target information in response to a trigger on the second entry control, as taught by Cicakova.
One would have been motivated to make such a combination in order to improve the user’s experience by enabling the user to better organize the submitted questions in order to better manage the questions flow (Cicakova: pages 2 to 6.).
In implementing the question organization features of Cicakova into the invention of The Preview App in view of Blackwood, the question presentation page that comprises the filtering options (as taught by Cicakova) would be a sticker presentation since the set of questions correspond to stickers in the invention of The Preview App. Accordingly, in combination, The Preview App in view of Blackwood and further in view of Cicakova teaches a device, medium and method wherein:
the sticker presentation page comprises a second entry control capable of acquiring the target information, and
acquiring the target information in response to a trigger on the second entry control.
Claim 4:
The rejection of claim 3 is incorporated. The Preview App in view of Blackwood and further in view of Cicakova further teaches a method wherein,
the acquiring the target information in response to the trigger on the second entry control, comprises:
displaying the information presenting page in the creation page for the first multimedia content in response to the trigger on the second entry control, wherein the information presenting page comprises the target information (The presentation of a particular set of questions can be triggered by selecting a filter option (second entry) or the “Live” or “Archived” options (second entry), Cicakova: pages 2 to 6.).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over The Preview App in view of Blackwood, further in view of Castle et al. (US 2009/0070407 A1, published 03/12/2009, hereinafter “Castle”) in view of Jones et al. (US 2013/0227434 A1, published 08/29/2013, hereinafter “Jones”).
Claim 9:
The rejection of claim 1 is incorporated. The Preview App in view of Blackwood does not appear to expressly teach a method wherein, the replying to the target information through the first multimedia content, comprises:
displaying a publication page corresponding to the first multimedia content, wherein the publication page comprises a target link, wherein the target link is used for being displayed in a playing page for the first multimedia content;
publishing the first multimedia content and the target link in response to a trigger on a publication control in the publication page.
However, Castle teaches a method wherein, producing content for viewers through the first multimedia content, comprises:
displaying a publication page corresponding to the first multimedia content (A page can be displayed wherein the user can provide input to start a stream and then provide input to distribute the stream to viewers (publish the stream), Castle: Figs. 13 and 15, ¶ [0070], [0072]);
publishing the first multimedia content in response to a trigger on a publication control in the publication page (The user can provide input to distribute the stream to viewers by selecting control displayed in the page (publication page), Castle: Fig. 13, ¶ [0070].).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of The Preview App in view of Blackwood wherein, producing content for viewers through the first multimedia content, comprises:
displaying a publication page corresponding to the first multimedia content;
publishing the first multimedia content in response to a trigger on a publication control in the publication page, as taught by Castle.
One would have been motivated to make such a combination in order to provide greater control over the production of the livestream (Castle: Figs. 13 and 15, ¶ [0070], [0072]).
In implementing the publication page feature of Castle into the invention of The Preview App in view of Blackwood, the content being produced by viewers (as taught by Castle) would correspond to responding to user submitted questions since the livestream content corresponds to a Q&A session in the invention of The Preview App. Accordingly, in combination, The Preview App in view of Blackwood and further in view of Castle teaches a method wherein, the replying to the target information through the first multimedia content, comprises:
displaying a publication page corresponding to the first multimedia content;
publishing the first multimedia content in response to a trigger on a publication control in the publication page.
The Preview App in view of Blackwood and further in view of Castel does not appear to expressly teach a method wherein:
the publication page comprises a target link, wherein the target link is used for being displayed in a playing page for the first multimedia content;
wherein the publishing comprises publishing the target link.
However, Jones teaches a method wherein the first multi-media content comprises a target link (The multi-media content comprises a participant object, Jones: Figs. 11 and 17, ¶ [0064]. The participant object can comprise a link to other content, Jones: ¶ [0057], [0058]).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of The Preview App in view of Blackwood and further in view of Castle wherein the first multi-media content comprises a target link, as taught by Jones.
One would have been motivated to make such a combination in order to viewer’s experience by providing quick access to additional information associated with presenters of the livestream (Jones: ¶ [0057], [0058]).
In combination, The Preview App in view of Blackwood, further in view of Castle and further in view of Jones teaches a method wherein:
the publication page comprises a target link, wherein the target link is used for being displayed in a playing page for the first multimedia content (The publication page comprises a view of the livestream, Castle: Fig. 13, ¶ [0070]. The livestream comprises a target link, Jones: Figs. 11 and 17, ¶ [0057], [0058], [0064].);
wherein the publishing comprises publishing the target link (The livestream is distributed to viewers when a control is selected, Castle: Fig. 13, ¶ [0070]. The livestream comprises a target link, Jones: Figs. 11 and 17, ¶ [0057], [0058], [0064].).
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over The Preview App in view of Blackwood and further in view of Jones.
Claim 10:
The rejection of claim 1 is incorporated. The Preview App in view of Blackwood further teaches a method wherein, the replying to the target information through the first multimedia content further comprises:
sending a notification message to a client associated with the target information; wherein the notification message is used to notify the associated client that the first multimedia content has been used to reply to the target information (When the host selects a question that is submitted by a viewer the selected question is displayed on the live stream interface so that the viewers can see the question that the host is responding to, The Preview App: pages 2-6. Accordingly, the displayed question serves as a notification to the viewers (including the viewer that submitted the question) that the submitted question is being responded to on the live stream.).
The Preview App in view of Blackwood does not appear to expressly teach a method wherein the sending comprises sending the first multimedia content and the target information to a server device so that the server device sends the notification message.
However, Jones teaches a method wherein the sending comprises sending the first multimedia content and the target information to a server device so that the server device sends the notification message (When the host selects a question that is submitted by a viewer the selected question is displayed on the live stream interface so that the viewers can see the question that the host is responding to, Jones: Figs. 17-19, ¶ [0069]-[0070]. Accordingly, the displayed question serves a notification to the viewers (including the viewer that submitted the question) that the submitted question is being responded to on the live stream. The content displayed to the viewers are provided by a server, Jones: Fig. 1, ¶ [0006], [0053]).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of The Preview App in view of Blackwood wherein the sending comprises sending the first multimedia content and the target information to a server device so that the server device sends the notification message, as taught by Jones.
One would have been motivated to make such a combination in order to provide an effective means for distributing the livestream content to a plurality of viewers (Jones: Fig. 1, ¶ [0006], [0053]).
Claim 12:
The rejection of claim 1 is incorporated. The Preview App in view of Blackwood further teaches a method wherein the sticker at least comprises at least text content corresponding to the target information (The Preview App: pages 4-6.).
The Preview App in view of Blackwood does not appear to expressly teach a method wherein the sticker at least comprises at least one user information.
However, Jones teaches a method wherein the sticker at least comprises at least one user information (The question sticker includes an indication of the user that submitted the question, Jones: Figs. 17-19, ¶ [0069]-[0070]).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of The Preview App in view of Blackwood wherein the sticker at least comprises at least one user information, as taught by Jones.
One would have been motivated to make such a combination in order to improve the user’s experience by providing a better indication to the user who submitted the question to when his/her question is being responded (Jones: Figs. 17-19, ¶ [0069]-[0070]).
Response to Arguments
The terminal disclaimer filed on 02/04/2026 has been fully considered and is persuasive. Examiner respectfully withdraws the nonstatutory double patenting rejections of claims 1-20.
Applicant’s prior art arguments have been fully considered but they are not persuasive.
Applicant argues that The Preview App does not teach “in response to a trigger on the target information, displaying a sticker corresponding to the target information in the creation page for the first multimedia content because the selected question is merely displayed as a “text pop-up window” on the live stream interface (Remarks: pages 10-11). Examiner respectfully disagrees.
Examiner considers any selectable item (e.g. textual images or graphical images) that is caused to be overlaid on a video to be a sticker. The Specification does not appear to provide a definition of a “sticker” that requires any other capability. Accordingly, the image that displays the selected question over the video can reasonably be interpreted as a sticker.
Applicant’s remaining prior art arguments have been fully considered but are moot in view of the new grounds of rejection presented above.
Conclusion
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 DANIEL RODRIGUEZ whose telephone number is (571)272-3633. The examiner can normally be reached Monday-Friday 5:30 am - 2:30 pm.
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/DANIEL RODRIGUEZ/Primary Examiner, Art Unit 2178