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 .
This action is in response to the amendments filed on May 4, 2026. Claims 1-2, 5-6, 8-9, 12-13, 15-16 and 19-20 are amended; and claims 1-20 are pending and examined below.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Doherty et al. (U.S. Patent No. 12,050,863) in view of Arnold et al. (U.S. 2003/0212906).
With regard to claim 1, Doherty teaches a method comprising:
identifying, by a computing device (Fig. 1; Fig. 2A, S140 and S155; Figs. 4-6; Figs. 8-9), an image to be used to configure the computing device ([abstract] visual object), wherein the image includes an operating system ([col. 8, lines 50-60] a compiled instance of a code language native to a mobile operating system; [col. 26, lines 44-46] For each responsive media a visual element: renders the responsive media; collects user interaction (e.g., engagement) data and contextual data including an operating system of the device), software programs ([col. 27, lines 40-50] hardware/firmware/software elements of a user computer or mobile device), and configuration information for use by the computing device during operation ([abstract] accessing a static visual objects, and media formats; defining a multi-dimensional feature space representing possible arrangements of combinations of the set of static visual objects within the set of media formats);
configuring, by the computing device, a storage device of the computing device according to the identified image (Fig. 1; Fig. 2A, S140 and S155; Figs. 4-6; Figs. 8-9);
after configuring the computing device according to the identified image, identifying, by the computing device, a request for a graphical user interface (GUI) resource ([col. 14, lines 65-66] the visual element can zoom a crop area—centered over a center of the face—out, such that the face is centered within the visual element and reduced in size);
retrieving, by the computing device, static GUI configuration information associated (Fig. 1, static visual objects; [abstract] static visual objects) with the GUI resource from a remote server over a network ([col. 7, lines 7-15] executed by a remote computer system; [col. 8, lines 34-36] executed by a computer system hosted on a remote computer system, such as a remote server); and
in response to retrieving the static GUI configuration information, displaying, by the computing device, a visual representation of the GUI resource on a display device (Fig. 1; Fig. 2A, S140 and S155; Figs. 4-6; Figs. 8-9), wherein the visual representation of the GUI resource is based at least in part on the static GUI configuration information ([col. 5, lines 65] – [col. 6, lines 1-6] access a set of existing static media including a set of static visual objects; and extract the static visual objects to insert into a new media format to generate a responsive media. For example, the computer system can: access a static image including a set of icons and text boxes in a first static format). However, Doherty does not specifically teach:
- a disk image
Arnold teaches an automatic protection system that rely on eliciting a replicative behavior from computer viruses and other undesirable software entities [abstract]. Arnold also teaches disk images of the environment used for virus replication can be retrieved and used for comparison with original disk images in order to determine the nature of the changes made by the virus [0034]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the visual element within a webpage accessed through a web browser as taught by Doherty, with the disk images taught by Arnold, to have achieved a system and method of a computer system generates which responsive media in a layered media format, responds to scrolling on a webpage by a user of a computing device including the visual
element.
With regard to claim 2, the limitations are addressed above and Doherty teaches wherein the image does not include the static GUI configuration information ([col. 15, lines 50-58] if the range of vertical positions assigned to the particular region of the static image file does not contain the new relative position of the visual element, the visual element can replace the particular region of the static image file currently loaded into the visual element with a different region of the static image file). However, Doherty does not specifically teach:
- a disk image
Arnold teaches an automatic protection system that rely on eliciting a replicative behavior from computer viruses and other undesirable software entities [abstract]. Arnold also teaches disk images of the environment used for virus replication can be retrieved and used for comparison with original disk images in order to determine the nature of the changes made by the virus [0034]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which said subject matter pertains to have modified the visual element within a webpage accessed through a web browser as taught by Doherty, with the disk images taught by Arnold, to have achieved a system and method of a computer system generates which responsive media in a layered media format, responds to scrolling on a webpage by a user of a computing device including the visual
element.
With regard to claim 3, the limitations are addressed above and Doherty teaches wherein static GUI configuration information includes at least one of Javascript data, Hypertext Markup Language (HTML) data ([col. 8, lines 40-48] a web server hosted by the publisher can return content or pointers to content for the webpage (e.g., in Hypertext Markup Language, or “HTML”, or a compiled instance of a code language native to a mobile operating system)), or Cascading Style Sheets (CSS) data.
With regard to claim 4, the limitations are addressed above and Doherty teaches wherein the static GUI configuration information is packaged in a modularized application format ([col. 5, lines 20-30] The computer system can further: present these responsive medias to an operator via an operator interface executing on a computing device; and refine these responsive media formats based on guidance from the operator; [col. 8, lines 40-48] a compiled instance of a code language native to a mobile operating system), including formatting for this content and a publisher tag that points the web browser or app to the publisher's computer system (e.g., a network of external cloud servers)).
With regard to claim 5, the limitations are addressed above and Doherty teaches wherein the request is a first request ([col. 7, lines 30-36] the computer system can request access to a set of drafted content within the user's social media account or the user can select one or more content instances and upload them to the computer system), the static GUI configuration information is a first static GUI configuration information ([abstract] a static visual object), the visual representation is a first visual representation ([col. 6, lines 7-11] the computer system generates a multi-dimensional feature space defining a graphical space including all combinations of arrangements of static visual objects with each media format), and wherein the method further comprises:
identifying, by the computing device, a second request for the GUI resource ([col. 2, lines 39-50] in the secondary set of feature containers, the method includes: retrieving a secondary subset of static visual objects, in the set of static visual objects, represented in the feature container; retrieving a secondary media format, in the set of media formats, represented in the feature container);
retrieving, by the computing device, second static GUI configuration information associated with the GUI resource from the remote server ([col. 2, lines 39-50] in the secondary set of feature containers, the method includes: retrieving a secondary subset of static visual objects, in the set of static visual objects, represented in the feature container; retrieving a secondary media format, in the set of media formats, represented in the feature container), wherein the second static GUI configuration information is different than the first static GUI configuration information ([col. 2, lines 39-55] in the secondary set of feature containers, the method includes: retrieving a secondary subset of static visual objects…serving a first secondary responsive media, in the secondary set of responsive media, to a first device for playback to a first user responsive to inputs by the first user at the first device in Block S140); and
in response to retrieving the second static GUI configuration information, displaying, by the computing device, a second visual representation of the GUI resource on the display device ([col. 2, lines 39-43] in the secondary set of feature containers, the method includes: retrieving a secondary subset of static visual objects, in the set of static visual objects, represented in the feature container), wherein the second visual representation of the GUI resource is based at least in part on the second static GUI configuration information ([col. 2, lines 39-43] retrieving a secondary subset of static visual objects), and wherein the second visual representation is different than the first visual representation ([col. 2, lines 39-43] retrieving a secondary subset of static visual objects… serving a first secondary responsive media, in the secondary set of responsive media).
With regard to claim 6, the limitations are addressed above and Doherty teaches wherein the first static GUI configuration information is associated with a first language ([col. 8, lines 40-48] a web server hosted by the publisher can return content or pointers to content for the webpage (e.g., in Hypertext Markup Language, or “HTML”, or a compiled instance of a code language native to a mobile operating system)), and the second static GUI configuration information is associated with a second language different than the first language ([col. 10, lines 15-25] natural language processing, label detection techniques, face detection techniques, image attributes extraction techniques, etc. The static asset (e.g., a 300-pixel by 250-pixel static advertisement image) can include text blocks, color pallets, images (e.g., images of faces, objects, places), context tags, hyperlinks to external websites, and/or other content related to advertisement of a particular brand and/or product, which the computer system can then identify, label, and extract from the static asset).
With regard to claim 7, the limitations are addressed above and Doherty teaches wherein the request is a first request ([col. 7, lines 30-36] the computer system can request access to a set of drafted content within the user's social media account or the user can select one or more content instances and upload them to the computer system), the static GUI configuration information is a first static GUI configuration information ([abstract] a static visual object), the GUI resource is a first GUI resource ([col. 6, lines 7-11] the computer system generates a multi-dimensional feature space defining a graphical space including all combinations of arrangements of static visual objects with each media format), and the method further comprising:
identifying, by the computing device, a second request for a second GUI resource different than the first GUI resource ([col. 2, lines 39-50] in the secondary set of feature containers, the method includes: retrieving a secondary subset of static visual objects, in the set of static visual objects, represented in the feature container; retrieving a secondary media format, in the set of media formats, represented in the feature container); and
retrieving, by the computing device, second static GUI configuration information associated with the second GUI resource from the remote server ([col. 2, lines 39-50] in the secondary set of feature containers, the method includes: retrieving a secondary subset of static visual objects, in the set of static visual objects, represented in the feature container; retrieving a secondary media format, in the set of media formats, represented in the feature container), wherein the second static GUI configuration information is different than the first static GUI configuration information ([col. 2, lines 39-55] in the secondary set of feature containers, the method includes: retrieving a secondary subset of static visual objects…serving a first secondary responsive media, in the secondary set of responsive media, to a first device for playback to a first user responsive to inputs by the first user at the first device in Block S140).
With regard to claim 8, the system claim corresponds to the method claim 1, respectively, and therefore is rejected with the same rationale.
With regard to claim 9, the system claim corresponds to the method claim 2, respectively, and therefore is rejected with the same rationale.
With regard to claim 10, the system claim corresponds to the method claim 3, respectively, and therefore is rejected with the same rationale.
With regard to claim 11, the system claim corresponds to the method claim 4, respectively, and therefore is rejected with the same rationale.
With regard to claim 12, the system claim corresponds to the method claim 5, respectively, and therefore is rejected with the same rationale.
With regard to claim 13, the system claim corresponds to the method claim 6, respectively, and therefore is rejected with the same rationale.
With regard to claim 14, the system claim corresponds to the method claim 7, respectively, and therefore is rejected with the same rationale.
With regard to claim 15, the article claim corresponds to the method claim 1, respectively, and therefore is rejected with the same rationale.
With regard to claim 16, the article claim corresponds to the method claim 2, respectively, and therefore is rejected with the same rationale.
With regard to claim 17, the article claim corresponds to the method claim 3, respectively, and therefore is rejected with the same rationale.
With regard to claim 18, the article claim corresponds to the method claim 4, respectively, and therefore is rejected with the same rationale.
With regard to claim 19, the article claim corresponds to the method claim 5, respectively, and therefore is rejected with the same rationale.
With regard to claim 20, the article claim corresponds to the method claim 6, respectively, and therefore is rejected with the same rationale.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant states that the Doherty reference fails to teach “an image to be used to configure a computer device”. Doherty teaches that static visual objects, among others, generate a container distributed within multi-dimensional space and causing a secondary responsive media to a first device for playback to first user responsive to inputs by the first user at the first device [abstract]. The visual element generates a responsive media in a layered media format which responds to scrolling on a webpage by a user of a computing device (Fig. 1; [abstract] accessing a static visual objects, and media formats; defining a multi-dimensional feature space representing possible arrangements of combinations of the set of static visual objects within the set of media formats). However, Doherty does not specifically teach a disk image. The Arnold reference was brought forth as it teaches an automatic protection system which uses disk images for virus replication that can be retrieved and used for comparison with original disk images in order to determine the nature of the changes made by the virus [0034].
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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/ANDREA C LEGGETT/Primary Examiner, Art Unit 2171
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