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 .
Priority
The current application claims priority to multiple provisional applications, with the earliest sought priority date found with US Provisional Application No. 63/458,178 (filed April 10, 2023), which has bee treated as the effective filing date.
Claims Status
Claims 1-26 remain pending and stand rejected.
Response to Requirement for Information under 37 CFR 1.105
Applicant’s reply to the requirement for information in the Remarks filed 1/16/2026 are acknowledged.
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.
Claim(s) 1, 3-6, 9-16 and 19-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘Firework (evidenced as previously cited PTO form 892-U, and newly cited PTO form 892-W) in view of Song (US 2022/0198551) and Doyle (US 2013/0066753).
Examiner Note: PTO form 892-W has been added as supplemented screenshots of the previously cited website disclosed by PTO form 892-U. They are collectively referred to as ‘Firework’ below, though respective citations have been provided.
Regarding claim 1, Firework discloses a method for live-streaming, in-video shopping using short form videos (see: p. 1, 18). The method includes a micro-website (e.g., yoursite.com – see p. 18, 21).
The method of Firework also includes augmenting a short-form video within the micro-website, wherein the augmenting includes highlighting the one or more products for sale (see: p. 19, p. 22).
Firework also discloses rendering, in response to a user, the short-form video that was augmented (see: 892U p. 18-25; 892W: p. 1-6). The rendering of Firework further includes an ecommerce environment, such as a product card depicting a product detail page (e.g., 892U p. 9-10, p. 20), a product detail page (e.g., 892W: 4), or a shopping basket page (e.g., 892U: p. 24; 892W: p. 5).
Furthermore, as described in the accessibility captions (e.g., p. 10), a buy now button is used to show a checkout page that then becomes a successful purchase. Page 4-6 of 892W depict this process happening while the video is being played, as does pages 19-25 of 892U. Accordingly, Firework discloses wherein the rendering enables an ecommerce purchase by a user while preserving a continuous video playback session.
Lastly, Firework discloses a completed purchase for the specified price (see again: 892U: p. 10, 25; 892W: p. 5-6) and is understood to disclose fulfilling an ecommerce order, wherein the fulfilling is accomplished by the ecommerce linkage. Notably, fulfilling an ecommerce order is admitted prior art (see: Remarks: p. 7 and 9).
Though disclosing all of the above, Firework does not disclose:
creating a micro-website, wherein the micro-website is associated with a user ID;
determining a pre-approved electronic catalog of products from a master catalog, wherein the determining is based on the user ID; and,
populating a back end of the micro-website with one or more products for sale from the pre-approved electronic catalog of products, wherein the populating includes an ecommerce linkage.
To this accord, and also in the field of video streaming and product demonstrations, Song teaches a computer-implemented method for video editing comprising:
creating a micro-website, wherein the micro-website is associated with a user ID (see: 0051, 0099, Fig. 4, Fig. 11);
determining an…electronic catalog of products…, wherein the determining is based on the user ID (see: 0071-0072, Fig. 4 (420, 422), Fig. 8 (820, 830), Fig. 12 (s1210));
Note: products registered as the seller’s products are determined in response to selection to add products. These are presented in e.g., Fig. 4 (430), from the online sales platform.
populating a back end of the micro-website with one or more products for sale from the pre-approved electronic catalog of products (see: 0071, 0102, Fig. 4 (430, 432), Fig. 8 (822), Fig. 12 (s1220))), wherein the populating includes an ecommerce linkage (see: 0052 (links for purchasing), 0077 (representative image, a product name, a discount rate, a price, and the like), Fig. 4 and Fig. 9 (Price)).
In addition, Song teaches overlapping features with Firework, such as:
augmenting a short-form video within the micro-website, wherein the augmenting includes highlighting the one or more products for sale (see: 0076-0077, Fig. 5 (532, 542), Fig. 6 (610-616));
rendering, in response to a user, the short-form video that was augmented, wherein the rendering includes an ecommerce environment (see: 0081-0082, 0093, Fig. 6 (622-628), Fig. 9 (922), Fig. 12 (s1240)); and
fulfilling an ecommerce order, wherein the fulfilling is accomplished by the ecommerce linkage (see: 0015, 0047, 0052-0053).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Firework to have utilized the known technique for selecting and exposing catalog items as taught by Song in order to have improved the method of Firework by providing as much information as possible in limited space of a live shopping broadcast while allowing sellers to easily change the products for sale during a live shopping broadcast (see: Song: 0017-0018).
Lastly, though determining an electronic catalog of registered products registered to the seller (e.g., Song: Sally’s Store), the combination of Firework in view of Song does not disclose determining a pre-approved electronic catalog of products from a master catalog.
To this accord, Doyle discloses an inventory sharing network including a manufacturer and authorized merchants that determines a pre-approved electronic catalog of products from a master catalog, wherein the determining is based on the user ID (see: 0029, 0034-0035, 0048-0049, Fig. 5 (120)). Doyle discloses the known technique of a manufacturer, which has an overall set of products (master catalog) authorizing specific merchants for a subset (e.g., key products) (pre-approved electronic catalog). Notably, each account (e.g., of a manufacturer or authorized merchant) is associated with user identification granting certain access privileges, as well as distinguishing between authorized merchants and regular merchants (see again: 0029).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Firework in view of Song to have applied the known technique for determining pre-approved products of a master catalog to the product selection of Firework in view of Song in order to have granted greater control to brands or manufacturers over which merchants the manufacturers designate as authorized merchants (see: Doyle: 0050).
3. The method of claim 1 wherein the rendering includes a product card (see: Firework: (892U: 9-10)).
Note: Firework expressly teaches a product card. This is also admitted prior art (see: Remarks: p. 8).
Notably, a product card is a graphical element such as an icon, thumbnail picture, thumbnail video, symbol, or other suitable element that is displayed in front of the video (Specification, 0026). Song also teaches such features (Song: 0081-0082, Fig. 6 (622-626)).
4. The method of claim 1 wherein the short-form video comprises a livestream (see: Firework (892U: p. 1, 9-10; 892W: p. 1); See alternatively: Song: 0051-0052, 0092-0093, Fig. 6).
5. The method of claim 4 wherein the user ID is associated with a host of the livestream (see: Song: 0051, 0092-0093, Fig. 6 (Sally’s Pick)).
Regarding claims 6 and 9-10, claims 6 and 9-10 recite different types of users corresponding to the user ID – e.g., social media influencer (claim 6), expert in subject matter (claim 9), and celebrity (claim 10). Such features do not move to distinguish the claimed invention from the prior art as merely naming and claiming a different type of user does not impart any functional difference to the step performed. Such differences do not move to effect some new or non-obvious functioning of the method taught by Firework in view of Song and Doyle.
11. The method of claim 1 further comprising adding, to the pre-approved electronic catalog of products, additional products from the master catalog (see: Doyle 0045 (edit product listings for sharing), 0048-0049, 0052; see also: Song: 0088-0089, Fig. 8 (812)).
12. The method of claim 11 wherein the micro-website achieves an engagement metric (see: Song: 0022 (sales quantity), 0095-0097, Fig. 10 (1010)).
13. The method of claim 1 further comprising selecting, by the user, the one or more products for sale (see: Song: 0017, 0053).
Note: In addition to Song, this is admitted prior art (Remarks: p. 8).
14. The method of claim 13 further comprising displaying a product details page in response to a user action (see: Firework: 892U p. 9-10, p. 20; 892W: p. 4).
Note: In addition to Firework, this is admitted prior art (Remarks: p. 8).
15. The method of claim 13 further comprising enabling an ecommerce purchase, within the ecommerce environment, of the one or more products that were selected (see: Firework: 892U: p. 10 and 25 (buy now, checkout page, completed purchase); 892w: p. 3-4 and 6 (buy now, add to basket, completed purchase); see alternatively: Song: 0071 (viewers can check and purchase these four products during the live shopping broadcast), 0078-0079).
Note: In addition to Firework and Song, this is admitted prior art (Remarks: p. 8).
16. The method of claim 15 wherein the enabling the ecommerce purchase includes a virtual purchase cart (see: Firework: 892U: p. 9-10; 892W: p. 4-5).
19. The method of claim 16 further comprising completing checkout from the virtual purchase cart (see: Firework: 892U: p. 10 and 25 (buy now, checkout page, completed purchase); 892w: p. 3-4 and 6 (buy now, add to basket, completed purchase); see alternatively: Song: 0071 (viewers can check and purchase these four products during the live shopping broadcast), 0078-0079).
20. The method of claim 1 further comprising managing the micro-website by a mobile application (see: Song: Fig. 1 (120), Fig. 4, 0050, 0055, 0057, 0069).
21. The method of claim 20 further comprising reporting, by the mobile application, one or more engagement metrics (see: Song: 0022 (sales quantity), 0095-0097, Fig. 10 (1010)).
22. The method of claim 20 wherein the managing further comprises creating the short-form video (see: Firework: 892U: p. 19-25; Song: 0051-0052, 0092-0093, Fig. 6).
23. The method of claim 22 wherein the one or more products from the pre-approved electronic catalog are highlighted in the short-form video (see: Song: 0076-0077, Fig. 5 (532, 542), Fig. 6 (610-616)); Firework: 892U: p. 21-22; 892W p. 2).
24. The method of claim 23 wherein the short-form video comprises a livestream (see: Firework: 892U: p.1; 892W: p. 1; Song: 0051-0052, 0092-0093, Fig. 6).
Note: In addition to Firework and Song, this is admitted prior art (Remarks: p. 9).
Regarding claim 25 (computer program product) and claim 26 (computer system), these claims substantially parallel claim 1 and recite similar scope such that one of ordinary skill in the art would have readily understood the application of the analysis of claim 1 to parallel claims 25 and 26. The Examiner further notes the system and medium discussed throughout at least Song (e.g., Fig. 1-2, 0013, 0045, 0050, 0055, et al.), while the Examiner also argues that these are inherent to the software running the device of Firework (see also: 892U: p. 5-6). Accordingly, claims 25-26 are rejected under at least similar analysis as applied to claim 1.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Firework in view of Song and Doyle as applied to claim 1 above, and further in view of Mueller (US 2017/0278062).
Regarding claim 2, Firework in view of Song and Doyle discloses all of the above including ecommerce linkage that includes a representative image, a product name, a discount rate, a price, and the like (see: Firework (892U: p. 22-23; 892W: p. 3-4); Song: 0077, 0081 Fig. 6). The combination does not disclose ecommerce linkage includes a shipping price, and a shipping method. Such information was notoriously well-known in the art at the time of invention and would have been obvious.
For example, Mueller discloses a shopping system including ecommerce linkage comprising a price, a shipping price, and a shipping method (see: 0044-0045, Fig. 3B (e.g., $73.76, Get it within 1 hour, $8.99 Deliver), Fig. 3C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Firework in view of Song and Doyle to have utilized the known type of linkage information as taught by Mueller in order to have enabled purchasers to have better understood the total cost of an item and when it will arrive.
Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Firework in view of Song and Doyle as applied to claim 1 above, and further in view of Na (US 2024/0257174).
Regarding claim 6, Firework in view of Song and Doyle discloses all of the above as noted including a seller acting to promote specific selected products through video (wherein the user ID corresponds to an influencer) (see: Song: Fig. 6 (620), 0050, 0094, 0099). Notably, the promotion takes place during a live session with invited viewers, who may interact during the live session using chat and/or a “like” functionality (e.g., Song: Fig. 6 (chat history, heart icon, chat icon, total likes); See also: Firework 892U: p. 22; 892W: p. 2). Though not expressly taught, the environment of the live session and its associated functionality at least implies social media.
To this accord, Na discloses a method for enabling content creators (e.g., influencer, celebrity, or expert) to promote products of a seller on social media (see: 0004, 0043-0044, 0052, 0055-0056, Fig. 3), and thus expressly discloses a user ID that corresponds to a social media influencer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Firework in view of Song and Doyle to have utilized the known type of user (e.g., social media influencer) in order to have enabled highly influential individuals to engage in social commerce to bring in large profits, especially to sellers (see: Na: 0003-0004).
7. The method of claim 6 wherein the determining is based on the social media influencer (see: Na: 0009, 0064-0065, 0068, Fig. 3 (s105, s111)).
8. The method of claim 6 wherein the determining is based on a number of followers of the social media influencer (see: Na: 0009 (degree of influence), 0065 (degree of influencer), 0068 (number of followers)).
9. The method of claim 1 wherein the user ID corresponds to an expert in a subject matter (see: Na: 0043, 0056).
10. The method of claim 1 wherein the user ID corresponds to a celebrity (see: Na: 0004, 0043, 0056).
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Firework in view of Song and Doyle as applied to claim 16 above, and further in view of Thierry (US 2014/0258029).
Regarding claim 17, Firework in view of Song and discloses all of the above as noted but does not disclose wherein the virtual purchase cart covers a portion of the short-form video.
To this accord, Thierry teaches a method for video content presentation including presenting a floating menu box comprising a shopping cart (see: 0008, 0072, Fig. 6 (630)), thereby teaching wherein the virtual purchase cart covers a portion of the short-form video.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Firework in view of Song and Doyle to have utilized the known technique for displaying the virtual cart and options to modify its contents as taught by Thierry in order to have enabled embedding of ecommerce features into multimedia content that can be played using widely available media players while allowing a user to perform actions seamlessly in a user-friendly environment (see: Thierry: 0001, 0070).
18. The method of claim 16 wherein the enabling includes an ability for the user to update quantity, price, size, color, or other variable aspects of a product (see: Thierry: 0072 (et quantities of each item for purchase, remove items from the shopping cart, modify items in the shopping cart (e.g., by selecting a different size, color, etc.), etc.)).
Response to Arguments
Applicant’s arguments made with respect to the rejection under 35 USC 103 have been fully considered but are moot in view of new grounds of rejection. Applicant’s amendment necessitated the new grounds of rejection. With respect to the use of the term “user” in Song, the Examiner notes that the user selecting the products to introduce is not the customer/purchaser. That is, the user ID of Song “e.g., Sally’s Picks” is associated with the host of the livestream, though a purchaser interacts with the interface during the livestream. As noted below, above, Firework also teaches identification of the hosted livestream (e.g., yourwebsite.com).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Perera (US 2022/0122161) disclosing overlaying a shopping cart during a video presentation Perera (see: Fig. 2E, 0046).
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 WILLIAM J ALLEN whose telephone number is (571)272-1443. The examiner can normally be reached Monday-Friday, 8:00-4:00.
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, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM J. ALLEN
Primary Examiner
Art Unit 3625
/WILLIAM J ALLEN/Primary Examiner, Art Unit 3619