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 Amendment
This is Final Office Action in response to amendments received on 11/10/2025. - Claims 1-20 are cancelled. Claims 21-42 are new. Therefore, claims 21-42 are pending and addressed below.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 21, 22, 32, and 33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,248,963, claims 1-20 of U.S. Patent No. 11,941,662, and claims 1-18 of U.S. Patent No. 11,961,121 . Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are broader than the claims of the patents. It would have been obvious to broaden the scope of claims 21, 22, 32, and 33 of the instant application by omitting some limitations of claims 1-18 of U.S. Patent No. 12,248,963, claims 1-20 of U.S. Patent No. 11,941,662, or claims 1-18 of U.S. Patent No. 11,961,121 to come up with the instant claims.
Claims 21, 22, 32, and 33 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/076542 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are broader than the claims of the patents. It would have been obvious to broaden the scope of claims 21, 22, 32, and 33 of the instant application by omitting some limitations of claims 1-20 of copending Application No. 19/076542 to come up with the instant claims. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Per MPEP 804(I)(1), “As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated.
Claim interpretation
Claims 21-42 recite, “graphic parameters”. The specification does not use the phrase “graphic parameters” but instead uses the phrase “item card parameters”. As such, “graphic parameters” of the claims will be interpreted as “item card parameters”.
Claim Objections
Claim 24 is objected to because of the following informalities:
Claim 24 recites, The dynamic digital advertising content communication device.” It should recite, ““The dynamic digital advertising content communications device.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 23-31 and 34-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claims 23-31 and 34-32, the specification does not describe the invention in sufficient detail to enable one of ordinary skill in the art to recognize that the inventor invented what is claimed. The test for sufficiency is whether the disclosure of the application relied upon reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date.
Claims 23-31 and 34-32 recite “streaming video” and/or “streaming animation”. Applicant has not provided any paragraphs for support for any of the new claims. The specification does not use the word “streaming” or “stream” and also does not describe any concepts that could be interpreted as “streaming” or stream”. The specification mentions “animation” and “video” in at least paragraphs [0032], [0070], [0085], [0087], [0088], and [0105]. But those paragraphs do not describe the animation or video as streaming or as streams. As such, Applicant does not have possession of those the claimed limitations as the effective filing date.
Claims 27 and 38 recite, “instructing the display to dynamically display each item card in an item card position and a graphic display of a corresponding streaming video and/or streaming animation streaming in a background of the corresponding item card and product information is displayed in the foreground of the corresponding item card, wherein the streaming video and/or streaming animation streaming in the background of the corresponding item card magnifies the product information displayed in the foreground of the corresponding item card.“ The specification does not explain or mention that the video is streaming in the background when the product information is displayed in the foreground. The words “background” and “foreground” are mentioned in [0032] of the specification, which states, “In some forms the animation may run in the background while relevant product details remain in the foreground.” However, this paragraph does not mention the streaming of the video in the background or the magnification of the product information. As such, Applicant does not have possession of those the claimed limitations as the effective filing date.
Claims 28 and 39 recite, “streaming each streaming video from the digital circular generation system for each item card based on the graphic parameters associated with the corresponding item card; dynamically adjusting each streaming video that is streamed from the digital circular system for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instructing the display to dynamically adjust the streaming video that is displayed as streamed from the digital circular generation system to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated.” The specification explains in at least [0085] that the item cards can include a video and the video can be embedded in the displayed card. However, the specification does not explain “the streaming each streaming video” as explained above, and also does not explain the “changing the streaming video” or “dynamically adjust the streaming video…the streaming video…is dynamically adjusted as the graphic parameters associated with each item card are updated.” As such, Applicant does not have possession of those the claimed limitations as the effective filing date.
Claims 29 and 40 recite, “streamlining each streaming video…dynamically adjusting each streaming video that is streamed from the streaming platform for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instructing the display to dynamically adjust the streaming video that is displayed as streamed from the streaming platform to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated.” The specification explains in at least [0085] that the item cards can include a video and the video can be embedded in the displayed card. However, the specification does not explain “the streaming each streaming video” as explained above, and also does not explain the “changing the streaming video” or “the streaming video…dynamically adjust the streaming video…is dynamically adjusted as the graphic parameters associated with each item card are updated.” As such, Applicant does not have possession of those the claimed limitations as the effective filing date.
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.
Claims 21-42 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 21 and 32 recite, “a user”, “an end user”, “the end user”, and “the user”. It is unclear is these are all the same user or if “user” and “end user” are different users. Therefore, claims 21 and 32 are indefinite.
Claim 21 recites, “at least one processor…the processor”. It is unclear to which “the processor” this limitation is referring since the claim also recites “at least one processor”, which could be interpreted as two processors. Therefore, claim 21 is indefinite. For purpose of examination, this limitation will be interpreted as “at least one processor…the at least one processor”.. Examiner suggests amending as such.
Claims 22-31 and 33-42 are also rejected because of their dependencies on claims 21 or 32.
Claims 24 and 35 recite, “trigger the display of the corresponding streaming animation.” There is insufficient antecedent basis for the underlined limitation. Therefore, claims 24 and 35 are indefinite. For purpose of examination, this limitation will be interpreted as “trigger the display of a corresponding streaming animation.” Examiner suggests amending as such.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 21-42 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Under step 1, claim 21 is directed to a device and claim 32 is directed to a method. Thus, claims 21 and 32 are directed to statutory categories of patentable subject matter.
Step 2A, Prong 1: The independent claims recite, “receiving from an end user a selection of a digital circular location, wherein the digital circular location is associated with a retail location that the end user requests to view the digital circular based on a current time frame that the user executes the selection of the digital circular location,
requesting the digital circular that includes a plurality of item cards created based on a plurality of graphic parameters that are customized to the digital circular location and current time of the selected digital circular location from a digital circular generation system based on the digital circular location, wherein the graphic parameters are indicative to a graphic display of each item card as displayed in the digital circular and are customized to a retailer priority of a digital circular retailer associated with the digital circular location to advertise to the user, receiving a digital circular that includes a plurality of item cards from a digital circular generation system that are graphically displayed based on a spatial position of a corresponding item card partition of a digital circular grid for the digital circular, instructing a display to dynamically display each item card in an item card position and a corresponding graphic display associated with each item card partition to prioritize the display of each item card in the digital circular based on the graphic parameters, wherein each item card is dynamically formatted with the graphic display of each item card with item card content as spatially positioned in the digital circular grid to prioritize the display of the item card content based on the graphic parameters, and instructing the display to dynamically adjust the display to display updates to the digital circular grid based on updates to the item card content, wherein the graphic display of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated.”
These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity. The claimed invention receives a selection, request the circular, receives the circular, and instructs a display (interpreted as sending instructions to display an advertisement), which are marketing activities and behaviors. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
Step 2A, Prong 2: This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of “a dynamic digital advertising communications device”, “a dynamic digital advertising content generation system”, “at least one processor”, “a memory”, and “a display”. These additional elements are generic computing elements performing generic computer functions such that it amounts to no more than mere instructions to apply the exception using a computer. The additional elements of the circular being digital, the circular location being digital, and the circular grid being digital are just generically linking the circular, the retailer, and the grid to a digital environment. The digital circular is a tool that is used to implement the abstract idea because they do not impose any meaningful limits on practicing the abstract idea. The independent claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the claims recite the additional elements of “a dynamic digital advertising communications device”, “a dynamic digital advertising content generation system”, “at least one processor”, “a memory”, and “a display”. These additional elements are generic computing elements performing generic computer functions such that it amounts to no more than mere instructions to apply the exception using a compute as supported by at least paragraphs 93, 94,and 111 of the specification. The additional elements of the circular being digital, the retailer being digital, and the circular grid being digital are just generically linking the circular, the retailer, and the grid to a digital environment. Therefore, the independent claims are not patent eligible.
Dependent claims 22-31 and 33-42, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent Claims 21 and 32 without significantly more.
The dependent claims recite limitations with “instruct”, which are part of the same abstract idea as the independent claims. The additional elements of “stream a streaming video” and “streaming animations” are additional elements that are well known in the art and are not significantly more than the abstract idea.
As such, when claims 21-42 are considered individually, as a whole, or in combinations, the claims are not patent eligible.
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.
Claims 21, 22, 32, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Ali (P. G. Pub. No. 2014/0052580), in view of Cheung (P. G. Pub. No. 2013/0044113), in further view of Jain (P. G. Pub. No. 2017/0185251).
Regarding claims 21 and 32, Ali teaches
A dynamic digital advertising content communications device for displaying a digital circular to a user based on spatial positioning and dynamic content dynamically selected to visually organize and display a plurality of circular content items included in the digital circular (Figs. 2A-2C, -5A-5D, [0025], [0027], [0029]),
comprising: at least one processor; and a memory coupled with the processor, the memory including instructions that when executed by the processor cause the at least one processor to ([0015]):
A dynamic digital advertising content method for displaying a digital circular to a user based on spatial positioning and dynamic content dynamically selected to visually organize and display a plurality of circular content items included in the digital circular, comprising (Figs. 2A-2C, -5A-5D, [0025], [0027], [0029]):
receive a digital circular that includes a plurality of item cards from a digital circular generation system ([0029] "A seventh functionality comprises a mode where the selection of products shown in the PXP is personalized based on the user. As shown in FIG. 1, the user is again provided with a PXP default screen view (1) comprised of a plurality of cells (2) showing at least one product (3) in each, and preferably a collection of products from a particular category. In this particular functionality is based on the notion that different users see different selections of products (3) on the display (1). The display (1) provided can be due to various elements of a user's profile, such as past purchase history in the particular app as well as on the retailer's website, past browsing history, and various metrics from within the application." See also [0015].)
that are graphically displayed based on a spatial position of a corresponding item card partition of a digital circular grid for the digital circular, instruct a display to dynamically display each item card in an item card position and a corresponding graphic display associated with each item card partition to prioritize the display of each item card in the digital circular based on the graphic parameters, wherein each item card is dynamically formatted with the graphic display of each item card with item card content as spatially positioned in the digital circular grid to prioritize the display of the item card content based on the graphic parameters ([0027] "A sixth functionality is the dynamic selection of product assortments. That is, the set of products (45, 47) within the cells ( 42, 44) shown on the PXP display screen (41), respectively, can be assembled in such a way that the set of products ( 45, 47) come from either explicit selection by the merchandiser or they can be selected algorithmically. For example, the top rated product from each subcategory of products or, if a product is sold out, it can be replaced by a different product automatically. It is acknowledged by these inventors that, in catalog apps, an uneven grid showcasing products using smart algorithms is novel. As shown in FIG. 5D, for example, the set of products ( 48) that are shown along with the main product ( 47) in an uneven grid are not randomly selected but are algorithmically chosen based on various factors such as price, availability, promotions [these are item card parameters], and the like. The precise methodology used to choose the set of accessory products ( 45) in accordance with the present invention is not limited to such factors and is not limited to a specific algorithm." [0016] "As shown in FIG. 1, the user is provided with a default view of a touch-screen PXP screen display (1) which is comprised of a plurality of cells (2) shown in a grid format, each cell (2) comprising an image of a product (3). The primary product image (5) is shown in a primary cell (4). It should be noted that the exact type of product, or the use to which the product is put, is not a limitation of the present invention. Further, it is to be noted that the PXP screen display (1) comprises a "patchwork" grid that allows for different sizes of product (3) images and cells (2)." See also [0025].), and
instruct the display to dynamically adjust the display to display updates to the digital circular grid based on updates to the item card content, wherein the graphic display of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated (Figs. 5A-5D, [0025], [0027], [0029]).
Ali request the digital circular that includes a plurality of item cards based on a plurality of item card parameters and the user but the circular is not customized to the circular location, the current time of the selected circular location, the merchant priority, and the purchase priority of the user.
Ali does not specifically teach
receive from an end user a selection of a digital circular location, wherein the digital circular location is associated with a retail location that the end user requests to view the digital circular based on a current time frame that the user executes the selection of the digital circular location,
request the digital circular that includes a plurality of item cards created based on a plurality of graphic parameters that are customized to the digital circular location and current time of the selected digital circular location from a digital circular generation system based on the digital circular location,
wherein the graphic parameters are indicative to a graphic display of each item
card as displayed in the digital circular;
and are customized to a retailer priority of a digital circular retailer associated with the digital circular location to advertise to the user.
However, Cheung teaches
receive from an end user a selection of a digital circular location, wherein the digital circular location is associated with a retail location that the end user requests to view the digital circular based on a current time frame that the user executes the selection of the digital circular location ([0014] "for receiving a search request comprising viewer information, wherein the viewer information comprising information about a viewer viewing the plurality of digital flyers on a communication device and information about current digital flyer being viewed by the viewer, and sending a search result of the plurality of digital flyers to the communication device; and a searching module for completing the search request, wherein the search module is configured to perform a search using flyer stack information, the flyer stack information comprising a plurality of digital flyers organized into at least one flyer stack; filter the search result based on availability of the plurality of digital flyers as determined from the flyer stack information;" [0008] "determining availability of each digital flyer assigned to the flyer stack based on location relevancy and timing relevancy." [0038] "In some embodiments, the location relevancy is determined based on location of the viewer relative to a predefined distribution zone, or based on distance between a store location of a merchant associated with the digital flyer and the location of the viewer, or combination thereof." See also [0033], [0039]-[0041], [0088], and [0114].),
request the digital circular that includes a plurality of item cards created based on a plurality of graphic parameters that are customized to the digital circular location and current time of the selected digital circular location from a digital circular generation system based on the digital circular location ([0109] "A digital flyer may be assigned to none or one or more flyer stacks based on the content of the digital flyer. However, the digital flyer assigned to a flyer stack does not necessarily mean that it is available to a particular viewer. In this embodiment, the availability of the digital flyer is determined based on the location and timing relevancy of the digital flyer (i.e. 304 in FIG. 3)." [0110] "Flyers are often localized in nature as promotion availability and pricing varies. For example, a particular store location may be having an inventory clear-out while the same chain store at a different location may not be participating in this clear-out sale. this particular embodiment, the availability of the digital flyer is determined based on the location of the viewer." [0105] "The relevancy score may be determined in a variety of ways. For example, the publisher or the merchant may explicitly assign a relevancy score to the digital flyer using a user interface. In another example, the relevancy score may be determined by evaluating the space occupied by each section on the digital flyer, number of items in each section and/or viewer behaviour on search terms." Space and items are item cards and relevancy scores are item card parameters. See also [0113] and [0114].),
wherein the graphic parameters are indicative to a graphic display of each item
card as displayed in the digital circular ([0155] "In the viewport 1100, a flyer page 1102 of a digital flyer is shown. The flyer page 1102 is from a digital flyer associated with the search result received from a server. The flyer page 1102 may be one of a multi-page digital flyer or may be the only page in a single-page digital flyer. On the flyer page 1102, items included in the search result are displayed, for example, as 1104 and 1106. In this implementation, the relevant items in the search result ( e.g. 1104 and 1106) are highlighted by using polygons 1104 and 1106. This may leverage the polygon mapping technology discussed in the above referenced commonly owned patent applications. Furthermore, a user interface 1110 is provided for reviewing the search result as it was organized. For example, if the search result contains fifty relevant items after the search result was filtered and ranked using the flyer stack information, the user interface 1110 allows the viewer to view the fifty relevant items in the ranked order.").
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify how the circular of Ali is customized by adding receive from an end user a selection of a digital circular location, wherein the digital circular location is associated with a retail location that the end user requests to view the digital circular based on a current time frame that the user executes the selection of the digital circular location, request the digital circular that includes a plurality of item cards created based on a plurality of graphic parameters that are customized to the digital circular location and current time of the selected digital circular location from a digital circular generation system based on the digital circular location, wherein the graphic parameters are indicative to a graphic display of each item
card as displayed in the digital circular, as taught by Cheung, in order to provide highly relevant and dynamic digital flyers (Cheung, [0099]).
Ali and Cheung customize circulars and item card parameters but not specifically
and are customized to a retailer priority of a digital circular retailer associated with the digital circular location to advertise to the user.
However, Jain teaches
and are customized to a retailer priority of a digital circular retailer associated with the digital circular location to advertise to the user ([0027] "The products featured in the portfolio of products may be personalized for a particular user. For example, the portfolio of products may include multiple products which are estimated to be most relevant or interesting to the particular user ( e.g., products having the highest potential to induce a sale or conversion [purchase priority], etc.). Several inputs (e.g., user-specific information, contextual information, keyword information, etc.) may be used to automatically generate lists of products that are likely to be most relevant or interesting to the user. In some implementations, the arrangement of products featured in the visual display ( e.g., display sizes, display positions, etc.) may also be personalized. The concurrent visual display of multiple products offered by a single content provider may allow the content provider to showcase a personalized portfolio of many of their products, thereby providing users with a visual shopping experience." [0047] "Content server 112 may select a plurality of the multiple products for inclusion in a personalized visual display. In some implementations, content server 112 selects a plurality of the multiple products that are estimated to be most relevant or interesting to a particular user or user device (e.g., the user device on which the personalized visual display is to be presented). The selected products may be the products that are estimated to be most likely to invoke a purchase, a conversion event, or other desirable interaction (e.g., a commercial interaction) by the user device.").
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify how the circular of Ali and Cheung is customized by adding and are customized to a retailer priority of a digital circular retailer associated with the digital circular location to advertise to the user, as taught by Jain, since Ali, Cheung, and Jain are analogous art and in order to for providers to showcase products and in order to invoke a purchase, a conversion event, or other desirable action by the user (Jain, [0027] and [0047]).
Regarding claims 22 and 33, Ali teaches
wherein the processor is further configured to: instruct the display to dynamically display each item card with a graphic display of a corresponding static image associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding static image for each corresponding item card partition (Fig. 1 shows the static image displayed in each item card partition since it shows images of different clothing in each cell or partition. [0016]),
wherein each item card that includes the graphic parameters that trigger the display of the corresponding static image is dynamically formatted with the corresponding static image with item card content that is spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding static image (Fig. 1, Fig. 2A-2C, Fig. 5A-5D, [0007], [0016], and [0025]).
Claims 23-31 and 34-42 are rejected under 35 U.S.C. 103 as being unpatentable over Ali (P. G. Pub. No. 2014/0052580), in view of Cheung (P. G. Pub. No. 2013/0044113), in view of Jain (P. G. Pub. No. 2017/0185251), in further view of McDevitt (P. G. Pub. No. 2014/0258039).
Regarding claims 23 and 34, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: instruct the display to dynamically display each item card with a graphic display of a corresponding streaming video associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming video for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding static image is dynamically formatted with the corresponding streaming video with item card content that is spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming video.
However, McDevitt teaches
wherein the processor is further configured to: instruct the display to dynamically display each item card with a graphic display of a corresponding streaming video associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming video for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding static image is dynamically formatted with the corresponding streaming video with item card content that is spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming video (Fig. 16, and [0040]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: instruct the display to dynamically display each item card with a graphic display of a corresponding streaming video associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming video for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding static image is dynamically formatted with the corresponding streaming video with item card content that is spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming video, as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 24 and 35, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: instruct the display to dynamically display each item card with a graphic display of a corresponding streaming video associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming video for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding streaming animation is dynamically formatted with the corresponding streaming video with item card content that is spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming video.
However, McDevitt teaches
wherein the processor is further configured to: instruct the display to dynamically display each item card with a graphic display of a corresponding streaming video associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming video for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding streaming animation is dynamically formatted with the corresponding streaming video with item card content that is spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming video (Fig. 16, [0040], and [0029]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: instruct the display to dynamically display each item card with a graphic display of a corresponding streaming video associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming video for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding streaming animation is dynamically formatted with the corresponding streaming video with item card content that is spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming video, as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 25 and 36, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: instruct the display to dynamically display each item card in an item card position and a graphic display of a corresponding streaming animation associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming animation for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding streaming animation is dynamically formatted with the corresponding streaming video with item card content that spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming animation.
However, McDevitt teaches
wherein the processor is further configured to: instruct the display to dynamically display each item card in an item card position and a graphic display of a corresponding streaming animation associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming animation for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding streaming animation is dynamically formatted with the corresponding streaming video with item card content that spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming animation (Fig. 16, [0040], and [0029]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: instruct the display to dynamically display each item card in an item card position and a graphic display of a corresponding streaming animation associated with each item card partition that includes the graphic parameters that trigger the display of the corresponding streaming animation for each corresponding item card partition, wherein each item card that includes the graphic parameters that trigger the display of the corresponding streaming animation is dynamically formatted with the corresponding streaming video with item card content that spatially positioned in the digital circular to prioritize the display of the item card content with the corresponding streaming animation, as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 26 and 37, Ali teaches
wherein the processor is further configured to: instruct the display to dynamically adjust the display to display updates to the digital circular grid based on updates to the graphic parameters associated with updates to the corresponding item card content for each item card (Fig. 2A-2C, Fig. 5A-5D, [0007], [0016], and [0025]).
Ali, Cheung, and Jain do not specifically teach
to dynamically adjust to transition between a static image, a streaming video, and/or a streaming animation, wherein the graphic display of each item card as displayed by the display is dynamically adjusted as the graphic parameters when the corresponding item card content is updated for each item card.
However, McDevitt teaches
to dynamically adjust to transition between a static image, a streaming video, and/or a streaming animation, wherein the graphic display of each item card as displayed by the display is dynamically adjusted as the graphic parameters when the corresponding item card content is updated for each item card (Figs. 8-8D and [0033]).
Therefore 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 circular of Ali, Cheung, and Ali by adding to dynamically adjust to transition between a static image, a streaming video, and/or a streaming animation, wherein the graphic display of each item card as displayed by the display is dynamically adjusted as the graphic parameters when the corresponding item card content is updated for each item card, as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 27 and 38, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: instruct the display to dynamically display each item card in an item card position and a graphic display of a corresponding streaming video and/or streaming animation streaming in a background of the corresponding item card and product information is displayed in the foreground of the corresponding item card, wherein the streaming video and/or streaming animation streaming in the background of the corresponding item card magnifies the product information displayed in the foreground of the corresponding item card.
However, McDevitt teaches
wherein the processor is further configured to: instruct the display to dynamically display each item card in an item card position and a graphic display of a corresponding streaming video and/or streaming animation streaming in a background of the corresponding item card and product information is displayed in the foreground of the corresponding item card, wherein the streaming video and/or streaming animation streaming in the background of the corresponding item card magnifies the product information displayed in the foreground of the corresponding item card ([0030]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: instruct the display to dynamically display each item card in an item card position and a graphic display of a corresponding streaming video and/or streaming animation streaming in a background of the corresponding item card and product information is displayed in the foreground of the corresponding item card, wherein the streaming video and/or streaming animation streaming in the background of the corresponding item card magnifies the product information displayed in the foreground of the corresponding item card., as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 28 and 39, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: stream each streaming video from the digital circular generation system for each item card based on the graphic parameters associated with the corresponding item card; dynamically adjust each streaming video that is streamed from the digital circular system for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instruct the display to dynamically adjust the streaming video that is displayed as streamed from the digital circular generation system to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated.
However, McDevitt teaches
wherein the processor is further configured to: stream each streaming video from the digital circular generation system for each item card based on the graphic parameters associated with the corresponding item card; dynamically adjust each streaming video that is streamed from the digital circular system for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instruct the display to dynamically adjust the streaming video that is displayed as streamed from the digital circular generation system to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated (Figs. 8 to 8D and [0024], [0030], [0033]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: stream each streaming video from the digital circular generation system for each item card based on the graphic parameters associated with the corresponding item card; dynamically adjust each streaming video that is streamed from the digital circular system for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instruct the display to dynamically adjust the streaming video that is displayed as streamed from the digital circular generation system to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated., as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 29 and 40, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: stream each streaming video from a streaming platform for each item card based on the graphic parameters associated with the corresponding item card, wherein the streaming platform is a third-party streaming platform that provides streaming of video content; dynamically adjust each streaming video that is streamed from the streaming platform for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instruct the display to dynamically adjust the streaming video that is displayed as streamed from the streaming platform to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated.
However, McDevitt teaches
wherein the processor is further configured to: stream each streaming video from a streaming platform for each item card based on the graphic parameters associated with the corresponding item card ([0011]),
wherein the streaming platform is a third-party streaming platform that provides streaming of video content ([0043] "The live feed may not actually go directly to the example method from the same source [third party] as the broadcasted feed, but may alternatively be passed through any number of other streaming video servers. The live feed displayed at 1738 is generally a video feed being broadcast independent of any particular user requesting its transmission.");
dynamically adjust each streaming video that is streamed from the streaming platform for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instruct the display to dynamically adjust the streaming video that is displayed as streamed from the streaming platform to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated (Figs. 8 to 8D and [0024], [0030], [0033]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: stream each streaming video from a streaming platform for each item card based on the graphic parameters associated with the corresponding item card, wherein the streaming platform is a third-party streaming platform that provides streaming of video content; dynamically adjust each streaming video that is streamed from the streaming platform for each item card as the graphic parameters for each item card are adjusted thereby changing the streaming video that is displayed for each item card as the graphic parameters for each item card are adjusted; and instruct the display to dynamically adjust the streaming video that is displayed as streamed from the streaming platform to display updates to the digital circular grid based on updates to the graphic parameters, wherein the streaming video of each item card as displayed by the display is dynamically adjusted as the graphic parameters associated with each item card are updated, as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 30 and 41, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: stream each streaming video as streamed from the digital circular system based on an identifier associated with each corresponding streaming video as streamed from the digital circular system; embed each streaming video as streamed from the digital circular system into each corresponding item card based on the spatial position of each item card as displayed in the digital circular grid; instruct the display of each item card to display each corresponding streaming video as a thumbnail based on the identifier associated with each corresponding streaming video and the spatial position of each item card as displayed in the digital circular grid.
However, McDevitt teaches
wherein the processor is further configured to: stream each streaming video as streamed from the digital circular system based on an identifier associated with each corresponding streaming video as streamed from the digital circular system; embed each streaming video as streamed from the digital circular system into each corresponding item card based on the spatial position of each item card as displayed in the digital circular grid; instruct the display of each item card to display each corresponding streaming video as a thumbnail based on the identifier associated with each corresponding streaming video and the spatial position of each item card as displayed in the digital circular grid (Figs. 8 to 8D and [0024], [0030], [0033]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: stream each streaming video as streamed from the digital circular system based on an identifier associated with each corresponding streaming video as streamed from the digital circular system; embed each streaming video as streamed from the digital circular system into each corresponding item card based on the spatial position of each item card as displayed in the digital circular grid; instruct the display of each item card to display each corresponding streaming video as a thumbnail based on the identifier associated with each corresponding streaming video and the spatial position of each item card as displayed in the digital circular grid, as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Regarding claims 31 and 42, Ali, Cheung, and Jain do not specifically teach
wherein the processor is further configured to: receive a selection from a user for a selected item card that is spatially positioned in the digital circular grid; replace the streaming video that is embedded in the selected item card as a thumbnail that is displaying thumbnail content to the user with the streaming video that is embedded in the selected item card as streaming video that is displaying streaming video content to the user; and dynamically reformat the selected item card to replace the thumbnail that is displaying the thumbnail content to the streaming video that is displaying streaming video content to the user.
However, McDevitt teaches
wherein the processor is further configured to: receive a selection from a user for a selected item card that is spatially positioned in the digital circular grid; replace the streaming video that is embedded in the selected item card as a thumbnail that is displaying thumbnail content to the user with the streaming video that is embedded in the selected item card as streaming video that is displaying streaming video content to the user; and dynamically reformat the selected item card to replace the thumbnail that is displaying the thumbnail content to the streaming video that is displaying streaming video content to the user ([0028]-[0030]).
Therefore 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 circular of Ali, Cheung, and Ali by adding wherein the processor is further configured to: receive a selection from a user for a selected item card that is spatially positioned in the digital circular grid; replace the streaming video that is embedded in the selected item card as a thumbnail that is displaying thumbnail content to the user with the streaming video that is embedded in the selected item card as streaming video that is displaying streaming video content to the user; and dynamically reformat the selected item card to replace the thumbnail that is displaying the thumbnail content to the streaming video that is displaying streaming video content to the user., as taught by McDevitt, since Ali, Cheung, Jain, and McDevitt are analogous art and in order to encourage the user to purchase a desired item, instead of procrastinating and then forgetting to purchase the desired item (McDevitt [0025]).
Response to Argument
All 112(b) rejections on claims 1-20 have been withdrawn since these claims are now cancelled.
Applicant’s arguments have been considered but are moot since claims 1-20 were cancelled and claims 21-42 were added.
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.
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/MARIE P BRADY/Primary Examiner, Art Unit 3622