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 .
Claim Rejections - 35 USC § 112
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 1, 3, 4, 7, 8, 10, 11, 14, 15, 17, 18 and 20-23 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.
Regarding claims 1, 8 and 15, the phrase "such that" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 1, 3, 4, 7, 8, 10, 11, 14, 15, 17, 18 and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2006/0075351 to Brumfield in view of U.S. Patent Application Publication 2015/0339373 to Carlson et al.
Brumfield ‘351 disclose:
As concerns claim 1, an operating method of a user terminal, the operating method comprising:
displaying a chat room (Fig. 6; 0036) provided by a chat service server (Fig. 1, 104; 0034); and receiving messages (Fig. 6-8; 0036) from the chat service server, and displaying the messages in the chat room by visually distinguishing the messages according to elapsed time (0033-colors indicating elapsed period of time since a previous response; 0035-elapsed time; 0039-chat session, timer, elapsed time with table lookup for color; color adjusted depending on elapsed time; 0041) since each message was received,
wherein displaying the messages in the chat room includes changing a color of each message in the chat room according to the elapsed time since a corresponding message was received (0039-color adjusted depending on elapsed time; 0049-change color of chat window; changing color of chat window will change the color of a message); and
wherein the changing the color of each message includes;
changing a color of a user message input on a message input window of the chat room over time such that the user message is finally displayed in a first color (0039-color adjusted depending on elapsed time; 0049-change color of chat window; changing color of chat window will change the color of a message over time); and
changing a color of other participant message in the chat room over time such that the other participant message is finally displayed in a second color, the second color being visually distinguishable from the first color.
As concerns claim 8, a user terminal comprising: a memory (Fig. 2, Fig. 3) for storing instructions; and at least one processor (Fig. 2, Fig. 3) for executing the instructions, wherein the processor by executing the instructions is configured to: display a chat room (Fig. 6; 0036) provided by a chat service server (Fig. 1, 104; 0034); and receive messages (Fig. 6-8; 0036) from the chat service server, and display the messages in the chat room by visually distinguishing the messages according to elapsed time (0033-colors indicating elapsed period of time since a previous response; 0035-elapsed time; 0039-chat session, timer, elapsed time with table lookup for color; 0041) since the each message was received, and
wherein the processor is configured to visually distinguish the message by changing a color of each message in the chat room according to the elapsed time since a corresponding message was received (0039-color adjusted depending on elapsed time; 0049-change color of chat window; changing color of chat window will change the color of a message), and
wherein the processor is configured to:
change a color of a user message input on a message input window of the chat room over time such that the user message is finally displayed in a first color (0039-color adjusted depending on elapsed time; 0049-change color of chat window; changing color of chat window will change the color of a message over time), and
change a color of other participant message in the chat room over time such that the other participant message is finally displayed in a second color, the second color being visually distinguishable from the first color.
As concerns claim 15, a computer program stored in a computer-readable storage medium, the computer program comprising instructions for:
displaying a chat room (Fig. 6; 0036) provided by a chat service server (Fig. 1, 104; 0034); and receiving messages (Fig. 6-8; 0036) from the chat service server, and displaying the messages in the chat room by visually distinguishing the messages according to elapsed time (0033-colors indicating elapsed period of time since a previous response; 0035-elapsed time; 0039-chat session, timer, elapsed time with table lookup for color; 0041) since each message was received,
wherein displaying the messages in the chat room includes changing a color of each message in the chat room according to the elapsed time since a corresponding message was received (0039-color adjusted depending on elapsed time; 0049-change color of chat window; changing color of chat window will change the color of a message);
wherein the processor is configured to:
change a color of a user message input on a message input window of the chat room over time such that the user message is finally displayed in a first color (0039-color adjusted depending on elapsed time; 0049-change color of chat window; changing color of chat window will change the color of a message over time), and
change a color of other participant message in the chat room over time such that the other participant message is finally displayed in a second color, the second color being visually distinguishable from the first color.
Brumfield ‘351 do not disclose:
changing a color of other participant message in the chat room over time such that the other participant message is finally displayed in a second color the second color being visually distinguishable from the first color.
Carlson et al. ‘373 teach:
changing a color of other participant message in the chat room over time such that the other participant message is finally displayed in a second color (0071-individual messages arranged based on chronological order each with varying colors based on age; 0078-distinguishing characteristics, such as color…may be used to distinguish groups or items from others), the second color being visually distinguishable from the first color (0071-messages arranged based on … colors based on …sender, user preferences, individual messages; 0078-distinguishing characteristics, such as color…may be used to distinguish groups or items from others).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Brumfield ‘351 with varying indication of message based on a sender, as taught by Carlson et al. ‘373, in order to provide relevant messages for a user to effectively manage.
Brumfield ‘ 351 do not disclose:
As concerns claim 4, the operating method of claim 1, wherein the displaying the messages in the chat room includes differently providing a visual indication of the messages according to the elapsed time, depending on a message's sender.
As concerns claim 11, the user terminal of claim 8, wherein the processor is configured to differently provides a visual indication of the messages according to the elapsed time depending on a message's sender.
As concerns claim 18, the computer program of claim 15, wherein the displaying the messages in the chat room includes differently providing a visual indication of the messages according to the elapsed time depending on a message's sender.
As concerns claim 21, the operating method of claim 1, wherein the changing the color of the user message includes changing the color of the user message over time after initially displaying the user message in a third color, and wherein the changing the color of the other participant message includes changing the color of the other participant message after initially displaying the other participant message in the third color .
As concerns claim 22, the user terminal of claim 8, wherein the processor is configured to: change the color of the user message over time after initially displaying the user message in a third color (); and change the color of the other participant message after initially displaying the other participant message in the third color.
As concerns claim 23, the computer program of claim 15, wherein the changing the color of the user message includes changing the color of the user message over time after initially displaying the user message in a third color, and wherein the changing the color of the other participant message includes changing the color of the other participant message after initially displaying the other participant message in the third color.
Carlson et al. ‘373 teach:
As concerns claim 4, the operating method of claim 1, wherein the displaying the messages in the chat room includes differently providing a visual indication of the messages according to the elapsed time, depending on a message's sender (0071-messages arranged based on chronological order, and colors based on …sender, user preferences).
As concerns claim 11, the user terminal of claim 8, wherein the processor is configured to differently provides a visual indication of the messages according to the elapsed time depending on a message's sender (0071-messages arranged based on chronological order, and colors based on …sender, user preferences).
As concerns claim 18, the computer program of claim 15, wherein the displaying the messages in the chat room includes differently providing a visual indication of the messages according to the elapsed time depending on a message's sender (0071-messages arranged based on chronological order, and colors based on …sender, user preferences).
As concerns claim 21, the operating method of claim 1, wherein the changing the color of the user message includes changing the color of the user message over time after initially displaying the user message in a third color (0071-varying colors, would include a “third color”), and wherein the changing the color of the other participant message includes changing the color of the other participant message after initially displaying the other participant message in the third color (0071-varying colors, would include a “third color”; color varies over time, thus can be initially displayed as a “third” color).
As concerns claim 22, the user terminal of claim 8, wherein the processor is configured to: change the color of the user message over time after initially displaying the user message in a third color (0071-varying colors, would include a “third color”); and change the color of the other participant message after initially displaying the other participant message in the third color (0071-varying colors, would include a “third color”; color varies over time, thus can be initially displayed as a “third” color).
As concerns claim 23, the computer program of claim 15, wherein the changing the color of the user message includes changing the color of the user message over time after initially displaying the user message in a third color (0071-varying colors, would include a “third color”), and wherein the changing the color of the other participant message includes changing the color of the other participant message after initially displaying the other participant message in the third color (0071-varying colors, would include a “third color”; color varies over time, thus can be initially displayed as a “third” color).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Brumfield ‘351 with varying indication of message based on a sender, as taught by Carlson et al. ‘373, in order to provide relevant messages for a user to effectively identify.
Brumfield ‘351 further disclose:
As concerns claim 3, the operating method of claim 2, wherein the displaying the messages in the chat room includes displaying a recent message of which the elapsed time is within a predetermined time in a different color from a message of which the elapsed time that is beyond the predetermined time (0041-0042; 0049).
As concerns claim 7, the operating method of claim 1, wherein the displaying the messages in the chat room includes differently setting message display attributes according to the elapsed time of the messages to display the messages in the chat room (0037-set preferences; 0041-0042; 0049).
As concerns claim 10, the user terminal of claim 9, wherein the processor is configured to display a recent message of which the elapsed time is within a predetermined time in a different color from a message of which the elapsed time that is beyond the predetermined time (0041-0042; 0049).
As concerns claim 14, the user terminal of claim 8, wherein the processor is configured to differently set message display attributes according to the elapsed time of the messages to display the messages in the chat room (0037-set preferences; 0041-0042; 0049).
As concerns claim 17, the computer program of claim 16, wherein the displaying the messages in the chat room includes displaying a recent message of which the elapsed time is within a predetermined time in a different color from a message of which the elapsed time that is beyond the predetermined time (0041-0042; 0049).
As concerns claim 20, the computer program of claim 15, wherein the displaying the messages in the chat room includes differently setting message display attributes according to the elapsed time of the messages to display the messages in the chat room (0037-set preferences; 0041-0042; 0049).
Response to Arguments
Applicant's arguments filed October 30, 2025 have been fully considered but they are not persuasive.
The applicant’s arguments are directed to newly amended limitations that have been addressed in the rejection cited above.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies on (i.e. The applicant argues “However, the claimed invention recites the above- described features to provide the technical advantage: enabling the user to easily find his/her own messages within the chat room, even after a significant amount of time has passed, as well as quickly determine whether the message is the newest in the chat room. Specification at paragraph 0045. For example, while other participants' messages may fade to a final color (e.g., white color), the user's message may retain a first color (e.g., specified color that is not white). Id.”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN B WALSH whose telephone number is (571)272-7063. The examiner can normally be reached 7:30-3:30 pm.
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, Christopher L Parry can be reached at 571-272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN B WALSH/Primary Examiner, Art Unit 2451