DETAILED ACTION
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 .
Response to Arguments
Applicant’s arguments 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.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 6, 10, 15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20190019191 A1) in view of Blank (US 20050064375 A1)
Regarding claim 1, Jung discloses:
1. A product sales data processing device, comprising: a first acquisition component for acquiring identification information that specifies a product (fig. 8 81); a registration component for registering the product based on the identification information (fig. 8 85); and a display for arranging and displaying, on a screen, information on products registered by the registration component in the order of registration (fig. 11), and displaying on the screen an operator for instructing an end of registration (fig. 11 105), wherein the display
Jung fails to disclose the highlighting being a periodic moving animation, wherein the moving animation provides an indicated of how to operate the operator and prompts the user to operate the operator for instructing end of the registration. However in an analogous art, Blank discloses highlighting being a periodic moving animation, wherein the moving animation provides an indicated of how to operate the operator and prompts the user to operate the operator (paragraph 103 finger animation). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Jung by using a finger animation to indicate to highlight the proceed to payment button. The motivation for the combination is guiding an operator to selection (paragraph 103).
Regarding claim 6, Jung discloses:
further comprising a second acquisition component for acquiring state information indicating a status of the user or operating the product sales data processing device or a registration status of the product (paragraph 198 all products in payable state), wherein the display starts highlighting the operator based on the state information (paragraph 198)
Claims 10, 15 are rejected for the same reasons as claims 1 and 6.
Claim 19 is rejected for the same reasons as claim 1.
Claim(s) 4, 13, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20190019191 A1) in view of Blank (US 20050064375 A1) as applied to claim 1/10 and further in view of Takekawa (US 20220308715 A1).
Regarding claim 4, Jung as modified fails to disclose and Takekawa further discloses: wherein the display periodicially changes a display color of an outline of the operator so as to perform highlighting (paragraph 114 color+flashing). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Jung by using a flashing animation with a changed color. The motivation for the combination is guiding an operator to selection (paragraph 112).
Claims 13 and 20 are rejected for the same reasons as above.
Claim(s) 2, 5, 11, 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20190019191 A1) in view of Blank (US 20050064375 A1) as applied to claim 1/10 and further in view of “Can You Make A Button Pulse in Webflow?” to Siu.
Regarding claim 2, Jung as modified fails to disclose and Siu discloses wherein the display periodically changes a position or size of an object displayed inside the operator so as to perform highlighting (0:18 button is pulsating back and forth). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Jung as modified by using a pulsating button. The motivation for the combination is to provide a call to action (page 2).
Regarding claim 5, Jung as modified fails to disclose and Siu discloses: wherein the display periodically changes a size or a shape of the operator so as to perform highlighting (0:18 button is pulsating back and forth). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Jung as modified by using a pulsating button. The motivation for the combination is to provide a call to action (page 2).
Claims 11 and 14 are rejected for the same reasons as claims 2 and 5.
Claim 20 is rejected for the same reasons as claim 2.
Claim(s) 3, 12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20190019191 A1) in view of Blank (US 20050064375 A1) as applied to claim 1/10 and further in view of “Top 7 CSS Creative Button Animation & Hover Effects” to Online Tutorials.
Regarding claim 3, Jung as modified fails to disclose and Online Tutorials discloses wherein the display periodically performs a display process of superimposing another object on the operator so as to perform highlighting (around :34 video discloses looping ocean wave animation on button). It would have been obvious to one of ordinary skill in the art to superimpose an object such as waves on a button. The motivation for the combination is to attract attention.
Claim 12 is rejected for the same reasons as claim 3.
Claim 20 is rejected for the same reasons as claim 3.
Claim(s) 7, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20190019191 A1) in view of Blank (US 20050064375 A1) as applied to claim 6/15 and further in view of Singh (US 20210326821 A1)
Regarding claim 7, Jung as modified discloses highlighting, but fails to disclose it as responsive in claim 7. However Singh discloses wherein the second acquisition component acquires, as the state information, information indicating whether or not an operation is being performed on the device, and the display starts prompts a user for payment when a no-operation state continues for a predetermined period of time (paragraph 57). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Jung as modified by prompting for payment through highlighting based on inactivity. The motivation for the combination is to facilitate payment (paragraph 57).
Claim 16 is rejected for the same reasons as claim 7.
Claim(s) 8, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20190019191 A1) in view of Blank (US 20050064375 A1) as applied to claim 6/15 and further in view of Kobres (US 20140338987 A1)
Regarding claim 8, Jung as modified discloses highlighting when a user is ready for checkout, but fails to disclose the additional subject matter of claim 8. However Kobres discloses: 8. The product sales data processing device according to claim 6, wherein the second acquisition component acquires, as the state information, a weight measurement result from a weight sensor installed on a placing component on which a product to be registered is placed (fig. 4), and proceeding with checkout when the measured weight is equal to or less than a threshold value (fig. 4). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Jung as modified by making the highlighting of Jung subject to a weight check. The motivation for the combination is improved security (paragraph 10).
Claim 17 is rejected for the same reasons as claim 8.
Claim(s) 9, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 20190019191 A1) in view of Blank (US 20050064375 A1) as applied to claim 6/15 and further in view of Selveraj (US 20210019791 A1).
Regarding claim 9, Jung as modified discloses providing assistance through highlighting, but does not disclose the assistance being triggered based on emotion detection. However Selveraj discloses wherein the second acquisition component acquires the state information representing an operational state or psychological state of the operator from an image of the operator obtained by capturing images of the operator (paragraph 73), and the display provides assistance to the operator when the operational state or psychological state of the operator satisfies a predetermined condition (paragraph 73). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Jung as modified by providing assistance through highlighting based on emotion detection. The motivation for the combination is to help the user make decisions (paragraph 73).
Claim 18 is rejected for the same reasons as claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huang (US 20240402875 A1) discloses UI elements with animation effects. Rodriguez (US 20220198420 A1) discloses emphasizing UI elements in a self checkout. Dev (US 20040158499 A1) discloses an animated button to advance to checkout.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 NATHAN A MITCHELL whose telephone number is (571)270-3117. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Zeender can be reached at 571-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NATHAN A MITCHELL/Primary Examiner, Art Unit 3627